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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/06/2007 fi v City of Kent i CityCouncil Meeting Agenda March 6, 2007 ' Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas KENT WASHINGTON 1 City Clerk's Office KENT CITY COUNCIL AGENDAS KENT March 6, 2007 W^s�1 H G T 0 Council Chambers t MAYOR. Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, 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. Kent Events Center—Contractors Estimate John Hodgson 60 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL {J 3. CHANGES TO AGENDA A FROM COUNCIL, ADMINISTRATION, OR STAFF CC 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. State of the City Address D. Economic Development Report 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR ' A Minutes of Previous Meeting—Approve B Payment of Bills—Approve C. 2006 2"d Half Budget Adjustment Ordinance—Adopt D. Doug Levy Consulting Services Agreement—Authorize E. Ridge at Garrison Creek Final Plat—Approve F. Cantera Final Plat—Approve G. 2006 Consolidated Annual Performance and Evaluation Report—Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED H. King County Developmental Disabilities Grant—Accept and Amend Budget I. Kent Parks Foundation Donation for Carousel—Accept and Amend Budget J. King Conservation District Grant for Service Club Park Plantings—Accept and Amend Budget K. Corrosion Control Design Consulting Contract, Guiberson Reservoir—Authorize L. R W Beck Consulting Contract, Earthworks Park Dam Design—Authorize M. Residential Development Standards Ordinance—Adopt 7. OTHER BUSINESS A. Bjorgo Rezone (QUASI-JUDICIAL PROCEEDING)+Di"d B. Proposed Kent Events Center— Design and Development Milestone Report and 0Recommendation 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS A 0/3. Re M ✓n ; 4 lie ryA-c le� II. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent ' web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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O L• O v ti oUC N V N vvE i YS ; tiav 3 0 � m > y c ? o E ` u • - oc� c Q1 � � 3O' z co v �cEc �i � roO � Ero C ry T A U J O E N V L T O S 0 p L C ? C= U O M LU fs L&Acv � � n= c o � oE� my@ O.V C m J L-O U N N C U a o v 0 m a a oe u m Q U > a E Ems G �o O Q m V vvi CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF 1 B) FROM THE PUBLIC rPUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION r r B) COMMUNITY EVENTS r r C) STATE OF THE CITY ADDRESS r tD) ECONOMIC DEVELOPMENT REPORT r r r r r r r CONSENT CALENDAR t6. Citv Council Action: Councilmember (�Q h,KIV"� moves, Councilmember RA,,x*- seconds to approve Consent Calendar Items A through M. Discussion w0 Action rn� 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 20, 2007. 6B. Approval of Bills. IApproval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 20, 2007. Approval of checks issued for vouchers Date Check Numbers Amount 2/15/07 Wire Transfers 2729-2748 $1,727,229.55 2/15/07 Regular 604430-305110 3,641,965.71 Use Tax Payable 2,381.09 $5,371,576.35 Approval of checks issued for payroll for February I through February 15 and paid on February 20, 2007: Date Check Numbers Amount 2/20/07 Checks 295902-296177 $ 214,636 93 t2/20/07 Advices 208988-209684 1,302,083 72 Total Regular Payroll $1,516,720.65 Council Agenda Item No. 6 A-B • Kent City Council Meeting K E N T February 20, 2007 AAA H I N GTON The regular meeting of the Kent City Council was called to order at 7:00 p m. by Mayor Cooke Councilmembers present Harmon, O'Brien, Ranmger, and Raplee Councilmembers excused Albertson, Clark, and Thomas (CFN-198) CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-198) At the request of Councilmember O'Brien, the issue of identification was added as Other Business Item A. B. Changes from the Public. (CFN-198) At the request of Russ Hanscom, the Kent Events Center was added as Continued Communications Item A. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-t98) There were no items for Public Recognition B. Community Events. (CFN-198) Ranniger announced the Kent Community Resource Fair to be held on March 1 st from 5 to 8 p in at Kent Commons, and the Aquatic/Recreation Center Project Open House to be held at Green River Community College, Kent Station, on March 1st from 6 to 8 p.m. C. King County Council. (CFN-198) King County Council Member Reagan Dunn, representing District 9, gave an update of the projects which have been completed and which are under way at this time, with an emphasis on projects in Kent. D. Community Emergency Response Team (CERT). (CFN-122) Project Manager Brian Felczak and Program Coordinator Kimberly Behymer explained the CERT program and the courses involved. E. Employee of the Year. (CFN-147) Finance Director Bob Nachlinger introduced the 2006 Employee of the Year, Financial Analyst Mariane Ely Ely was presented with the Employee of the Year plaque by Mayor Cooke CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through S. Harmon seconded and the motion carried A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of February 6, 2007, were approved. B Approval of Bills. (CFN-104) Payment of the bills received through January 15 and paid on 1 January 15, 2007, after auditing by the Operations Committee on February 6, 2007, were approved 1 Kent City Council Minutes February 20, 2007 Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/07 Wire transfers 2695-2709 $1,287,462.33 1/15/07 PrePays & Regular 603426-603962 2,651,440 29 ' Use tax payable 1,15743 $3,940,060.05 Payment of the bills received through January 31 and paid on January 31, 2007, after auditing by the Operations Committee on February 6, 2007, were approved Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/07 Wire transfers 2710-2728 $1,658,262.08 1/31/07 PrePays & Regular 603963-604429 2,747,943 66 Use tax payable 2,18649 $4,408,392.23 Checks issued for payroll for January 1 through January 15 and paid on January 19, 2007, were approved. Date Check Numbers Amount ' 1/19/07 Checks 295343-295622 $ 229,168.25 1/19/07 Advices 207602-208293 1,618,239 53 Total Regular Payroll $1,847,407 78 Checks issued for payroll for January 16 through January 31 and paid on February 5, 2007, were approved , Date Check Numbers Amount 1/30/07 Void 295526 $ -69 43 1/30/07 Reissue 295623 6943 2/5/07 Checks 295624-295901 209,88719 2/5/07 Advices 208294-208987 1,317,180 46 Total Regular Payroll $1,527,067.65 C. WebEOC Software and Related Hardware Purchase. (CFN-122) The Mayor was t authorized to sign all documents necessary to purchase WebEOC software and related hardware in the approximate amount of S95,300 for the Emergency Management Division. On August 15, 2006, a reimbursable grant not to exceed$95,300 from the Washington State Military Department was accepted. The grant is to be used for the purchase and implementation of WebEOC software and the necessary infrastructure to operate the system. Crisis Management Consulting firm is the vendor that provides the software and training 2 Kent City Council Minutes February 20, 2007 D Excused Absences for Councilmembers Albertson, Clark and Thomas. (CFN-198) Excused absences for Councilmembers Albertson, Clark and Thomas were approved, as they were unable to attend tonight's meeting E Fleet Services Budget Adjustment. (CFN-186) A budget adjustment increasing the Police Department's General Fund by $28,753 to replace a wrecked police vehicle was approved F Harbor Reach Bill of Sale. (CFN-484) The Bill of Sale for Harbor Reach for 9 watermain gate valves, 4 hydrants, 1,750 linear feet of watermain, 8 sanitary sewer manholes, 944 linear feet of sanitary sewer, 16 storm manholes, and 1,444 linear feet of storm sewer was accepted The project is located at 23400—59`h PI S. G. Kent Station, Phase II Bill of Sale. (CFN-484) The Bill of Sale for Kent Station Phase II for 2 sanitary sewer manholes, 519 linear feet of sanitary sewer, and 420 linear feet of streets was accepted The project is located at 438 Ramsay Way. H. Kent School District No. 415 Bill of Sale. (CFN-484) The Bill of Sale for Kent School District#415 for 10 sanitary sewer manholes and 1250 linear feet of sanitary sewer was accepted. The project is located at 12037 S. 2701h St. I. Millbrook Heights Bill of Sale. (CFN-484) The Bill of Sale for Millbrook Heights for 6 watermain gate valves, 2 hydrants, 315 linear feet of watermain, 6 sanitary sewer manholes, 790 linear feet of sanitary sewer, 310 linear feet of streets, 1 storm manhole, 17 catch basins, 26,394 cubic feet of detention pond storage, and 1,346 linear feet of storm sewer was accepted. The project is located at 26814 — 120°i Ave SE. ' J. Morgan's Place Bill of Sale. (CFN-484) The Bill of Sale for Morgan's Place for 9 watermain gate valves, 2 hydrant, 1,916 linear feet of watermain, 8 sanitary sewer manholes, 1,694 linear feet of sanitary sewer, 1,523 linear feet of streets, 4 storm manholes, 21 catch basins, and 1,838 linear feet of storm sewer was accepted. The project is located at S. 237°i PI and 97`i' Ave S. K. Nystrand Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Nystrand Short Plat for 490 linear feet of sanitary sewer, 280 linear feet of streets, 2 storm manholes, 280 linear feet of biofiltration swale, and 200 linear feet of storm sewer was accepted The project is located at 23224— 100`h Ave SE ' L. Safeguard Phase III Bill of Sale. (CFN-484) The Bill of Sale for Safeguard Phase II for 8 watermain gate valves, 3 hydrants, and 1,2601mear feet of watermain. The project is located at 330 Washington Ave N. M. Scarsella Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Scarsella Short Plat for 5 watermain gate valves, l hydrants, 610 linear feet of watermain, 5 sanitary sewer manholes, 766 linear feet of sanitary sewer, 3 storm manholes, 5 catch basins, 12,616 cubic feet of detention pond storage, and 503 linear feet of storm sewer was accepted The project is located at 11330 SE ' 240`h St. 3 Kent City Council Minutes February 20, 2007 N. Wilson Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Wilson Short Plat for 150 linear feet of sanitary sewer, 650 linear feet of streets, 2 storm manholes. 6 catch basins, 120 linear feet of btofiltratton Swale, 4,692 cubic feet of detention pond storage, and 825 linear feet of storm sewer was accepted The project is located at 22718 —95`h Ave S O. Malcolm Drilling Bill of Sale. (CFN-484) The Bill of Sale for Malcolm Drilling for ' 2 watermacn gate valves, 1 hydrant, 134 linear feet of watermatn, 2 sanitary sewer manholes, and 192 linear feet of sanitary sewer. The project is located at the Southeast corner of S 192nd Street and East Valley Highway. P. Earth Tech, Inc. Consultant Services Agreement. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with Earth Tech, Inc in an amount not to exceed $49,250, upon concurrence of the language there in by the City Attorney and Public Works Director, for a Project Coordinator to supply essential engineering services until a full-time person can be hired. Q. Sound Transit Transportation Amendment Re Pioneer Street. (CFN-171) The Mayor was authorized to sign the Third Amendment to the Transportation Improvement Agreement between the Central Puget Sound Transit Authority and the City of Kent in the amount of $76,063.18. R. Ambulance Services Agreements—Change Orders to Extend Term. (CFN-122) The 1 Mayor was authorized to sign Change Orders with American Medical Response and Trt-Med Ambulance, L L C to extend the term of the original Ambulance Services Agreements for an ' additional three years through April 30,2010 S Kent Police Department Facility Needs Assessment Agreement. (CFN-122) The Mayor was authorized to sign an agreement with Ambta, Inc. to prepare a facility needs assessment for the Kent Police Department in the amount of$28,435. OTHER BUSINESS , ADDED ITEM A. Identification. (CFN-198) O'Brien noted that people are required to provide their name and address when speaking at a Council meeting, and expressed concern about protecting their identity After a brief discussion, it was agreed that the issue would be discussed at an Operations Committee meeting. BIDS A. LID 353, 4`h Avenue North/76'h Avenue South Sidewalk Improvements, SR-167 to S. 2241h Street. (CFN-1269) The bid opening for this project was held on February 13, 2007, with four bids received. The low bid was submitted by Rodarte Construction, Inc. in the amount of $652,957.50 The Engineer's estimate was $712,740.00. The Public Works Director recommends awarding this contract to Rodarte Construction RAPLEE MOVED to award the contract for the LID 353, 4 h Avenue North/76`h Avenue South Sidewalk Improvements contract to Rodarte Construction in the amount of$652,957 50 and to authorize the Mayor to sign it Harmon seconded and the motion carried. REPORTS , Council President. (CFN-198) No report was given. 4 ' Kent City Council Minutes February 20, 2007 ' Mayor's Report. (CFN-198) Mayor Cooke announced that she has been elected Vice-Chair of SCATBd, that she has been in Olympia testifying on legislation, and that the 2007 Residents Guide will appear in tomorrow's edition of the Kent Reporter. Operations Committee. (CFN-198) No report was given. Parks and Human Services Committee. (CFN-198) Ranmger noted that the committee met last ' week to discuss grant proposals. Planning and Economic Development Committee. (CFN-198) No report was given. ' Public Safety Committee. (CFN-198) No report was given. Public Works Committee. (CFN-198) Raplee noted that a special meeting will be held at 5 00 p.m. on Monday. February 261h, and that the solid waste and garbage issue will be discussed Administration. (CFN-198) Hodgson advised that there will be no executive session, that the Mayor will present her State of the City address on March 61h, that a recommendation on the Kent Events Center will be given on March 61h, and that a report on potential annexation will be given ' on April 3"d. CONTINUED COMMUNICATIONS ADDED ITEM A Kent Events Center. (CFN-1305) Russ Hanscom, 9523 S. 237`h, said he does not support nor oppose the Events Center because he feels not enough information is available to make an informed decision He pointed out some of the views that may have been minimized in the enthusiasm over the facility, such as the lack of public support for arenas, the economic liability of such facilities, and the philosophical shift in the purpose of government. He submitted a copy of ' the Elway Poll and RAPLEE MOVED to make it a part of the record Ranmger seconded and the motion carried Hanscom added that he intends to submit further written comments to the Council before their meeting of March 6°i. ' ADJOURNMENT ' The meeting adjourned at 8:02 p.m. (CFN-198) ' Brenda Jacober, CMC City Clerk ' 5 Kent City Council Meeting ' Date March 6, 2007 Category Consent Calendar 1. SUBJECT: 2006 SECOND HALF BUDGET ADJUSTMENT ORDINANCE — ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. to approve consolidated budget adjustments made between July 1, 2006, and December 31, 2006, totaling $6,194,760 Although the technical gross adjustment totals $6,194,760 for adjustments made between July 1, 2006, and December 31, 2006, the net amount, excluding transfers and internal service charges, is $4,434,479. Please note that $5,171,809 was previously approved by Council. These were primarily for projects ' 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda ' Item No 6C ORDINANCE NO. AN ORDINANCE of the city of Kent, Washington, amending the 2006 budget for adjustments made between July 1, 2006, and December 31, 2006. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Budget Adjustments. The 2006 city budget is amended to include budget fund adjustments as summarized and set forth in Exhibit"A,"which is incorporated into this ordinance. SECTION 2. - Severability. If any section, sentence, clause or phrase of this ' ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. - Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ' SUZETTE COOKE, MAYOR ' 1 2006 Budget Adjustments - Second Half ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of March, 2007. ' APPROVED: day of March, 2007. PUBLISHED: day of March, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the , city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. , 'BRENDA JACOBER, CITY CLERK (SEAL) P.\Gvd\Ordmance\BudgetAd]ustment-2006-2nd doc 2 2006 Budget Adjustments - Second Half ' City of Kent Budget Adjustment Ordinance Adjustments July 1, 2006 to December 31, 2006 Exhibit A Adjustment Fund Title Ordinance 001 General Fund 1 ,478,802 110 Street Fund 145,217 140 Youth/Teen Fund 25,000 150 Capital Improvement Fund 941 ,021 160 Criminal Justice Fund 397,309 ' 170 Environmental Fund 14,258 190 Other Operating Projects Fund 1,819,075 220 Non-Voted Debt Service Fund 144,339 310 Street Capital Projects Fund 303,343 320 Parks Capital Projects Fund 542,472 330 Other Capital Projects Fund 829,460 350 Facilities Capital Projects 73,868 410 Water Operating Fund (20,069) 440 Sewerage Operating (720,468) 480 Golf Operating 70,495 510 Fleet Services Fund 102,400 520 Central Services Fund (1,800) 540 Facilities Management Fund 50,038 Total Gross Budget Change 651949760 ' Less: Internal Service Funds 0 Other Transfers (2,148,787) Internal Transfers 388,506 Subtotal (1,760,281 ) Total Net Budget Change 494349479 Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: DOUG LEVY CONSULTING SERVICES AGREEMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2007 Consultant Services Agreement with Outcomes by Levy in the amount of$5,000 per month, plus agreed expenses, upon review of final contract language by the City Attorney. Since 2000, the City has contracted annually with Doug Levy of Outcomes by Levy to provide lobbying services for the City Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. Mr. Levy's services are further detailed in the attached agreement. 3. EXHIBITS: Copy of Consultant Services Agreement with Outcomes by Levy 4. RECOMMENDED BY: Operations Committee and Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? N/A Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No 6D r ' KEN T CONSULTANT SERVICES AGREEMENT rbetween the City of Kent and rOutcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation r (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62"d Place, Kenmore, WA 98028, 425-922-3999 (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 Scope of Work: The following outlines the scope of work under this Agreement Specific work plans shall be developed mutually and reviewed on a regular basis. ■ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. ■ Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, r fiscal resources, endangered species listings, and other state agency activities. ■ Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues ■ Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. ■ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement Monthly summaries of work completed shall be appended to invoices for payment Consultant further represents that the services furnished under this Agreement will be performed in raccordance 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 during the year 2007 and ending on December 31, 2007. r r III. COMPENSATION. , A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Thousand and no/dollars ($60,000 00), not including approved and agreed upon expenses for , the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City . Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pre-rated to maximum extent practicable 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. 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. 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. VIL 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, Doug Levy/2/27/2007Page 2 ' 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 Lnegligence. 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. VHI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A 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 1 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 jinspection 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 1 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. ' X1II. 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. Doug Levy/2/27/2007Page 3 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 j 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 attorneys 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. 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 parry gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. , F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and 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 Doug Levy/2/27/2007Page 4 ' 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) (signature) Print Name- Print Name. Suzette Cooke Its Its Mavor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy John M Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62nd Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425) 922-3999 (telephone) (253) 856-5710 (telephone) 425 424-892 t (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department i t 1 1 1 LDoug Levy/2/27/2007Page 5 DECLARATION ' CITY OF KENT EQUAL EIUIPLOYMENT 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 200_. By- For: Title: Date. EEO COMPLIANCE DOCUMENTS- I , ' CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE January 1, 1998 LSUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 ICONTRACTORS 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 cy 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 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 12 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 EEO COMPLIANCE DOCUMENTS-i ' 1 EXHIBIT A PAYMENT SCHEDULE Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as detailed in the contract. EXHIBIT B INSURANCE REQUIREMENTS ' No Insurance is required for this Contract. i i 1 1 I i 1 1 EEO COMPLIANCE DOCUMENTS-4 Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: RIDGE AT GARRISON CREEK FINAL PLAT — APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for the Ridge at Garrison Creek and authorize the Mayor to sign the mylar. Barghausen Consulting Engineers proposes to subdivide approximately 9.16 acres into 22 single-family residential lots. The property is located at 22731 and 22821 1001h 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 S Unbudgeted Revenue Fund Amount S 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director K E N T PLANNING SERVICES Charlene Anderson,AICP, Manager wnsnihOToe Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: March 6, 2007 TO: MAYOR SUZETTE COOKE, COUNCIL PRESIDENT DEBORAH RANNIGER AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER I THROUGH: MAYOR SUZETTE COOKE SUBJECT: RIDGE AT GARRISON CREEK FINAL PLAT (#FSU-2003-10/KIVA #2063960) MOTION: Approve the final plat mylar for Ridge at Garrison Creek and authorize the Mayor to sign the mylar jSUMMARY: Barghausen Consulting Engineers proposes to subdivide approximately 9.16 acres into 22 single-family residential lots. The property is located at 22731 and 22821 1001h Avenue SE. BUDGET IMPACT: None BACKGROUND: On March 4, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 26 conditions. The applicant has complied with the conditions required prior to recording. S 1Permit\Plan\longplats\2006\2063960-FSU-2003-10cc DOC 1 Enclosure Conditions of approval—Hearing Examiner j 1 ^ , n a i �4 4 4 III � Y 4¢` r p � M 4 4 k M I ^ 4 flfv� nw ...... � anti 4 tiau it. am 10dTk1h6ai 8£ ,m L'41TM1 w r ,u,y r^*Aaa !R>BIA-WAY,WA SO= AT GARRMOp CREW w!^�AM*5M+^M^TI.I.wA Mwi4AFle'4n4 Mf. }Yh4MM s �rlY,i .,ia-ia RIDGE AT GARRISON CREEK (AKA TAHOES LANDING) #SU-2003-10 (2041622) On May 4, 2005, the City of Kent Hearings Examiner approved the Ridge at Garrison Creek (Tahoe's Landing) 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 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 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 1 subdivision as needed to serve adjacent properties within the same service area. The septic system serving the existing home(s) within the proposed subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots t The public water system shall be extended across the entire subdivision as needed to serve adjacent and off-site properties within the same service area and shall be sized to sized to meet , fire flow requirements for same Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology C. A stormwater system The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). ' Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal 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 required improvements The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included with the engineering plans The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Department approved Detailed Tree Plan. (3) The retention / detention and release standard that will be met by the subdivision is Level Two. The water quality 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 with the exception of outlet culverts and energy attenuators will be outside of delineated wetlands and their buffers, as well as Ridge at Garrison Creek Conditions of Approval Page 2 of 10 outside of creeks and rivers and their buffers, and outside of ravine 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) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout I 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 If the soils report determines that infiltration trenches are not appropriate for this site, the applicant / owner shall also include 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 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 the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction Ridge at Garrison Creek Conditions of Approval Page 3 of 10 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 I Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans Initial guidance for these plans is given below (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e. Interim Street Improvement Plans for 1001h 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 Augmented With Bike Lanes by the City of Kent Master Plan of Roadways except as modified at the Garrison Creek crossing. 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 Ridge at Garrison Creek Conditions of Approval Page 4 of 10 the west side of the street The planter strip shall not be required at the Garrison Creek crossing (2) A minimum of 22-feet of asphalt pavement as measured from the centerline of the right-of-way or City-approved construction centerline to the 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 The pavement width at the Garrison Creek crossing shall be approved by the Public Works Department (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. 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 along the west side of the street 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 f. Street Improvement Plans for the new public Residential Street connected to 100th Avenue Southeast and terminating with a temporary cul-de-sac or approved turnaround at its southerly terminus The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide Initial guidance for these street improvements is given below: (1) Combined vertical curbs & 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 1 sidewalks on both sides of the street. Ridge at Garrison Creek Conditions of Approval Page 5 of 10 (2) A minimum of 28-feet of asphalt pavement, measured from face of curb to face of curb (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy, all electrical and maintenance bills shall be paid for by a Home Owner's Association (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities (5) Curb return radii of 20-feet at the intersection of the subdivision street and 100th Avenue Southeast. The centerline radius and inside and outside radii of the 90 degree bend shall be as approved by the Department of Public Works (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, City of Kent Street Trees g. The improvement plans for the private access easement / interim public turnaround located near the southern plat boundary adjacent to lot 14 shall be designed in accordance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Pnvate 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 20-feet of asphalt concrete pavement except where these private streets access the public streets where an asphalt fillet with a radius 25-feet shall be provided to facilitate emergency access (2) An approved cul-de-sac, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal. i Ridge at Garrison Creek Conditions of Approval Page 6 of 10 (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. (5) The private street shall 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 (6) The tract shall be labeled on the face of the plat as Private Access Tract 1 Interim Public Turnaround (7) Access to lots 13 and 14 shall be taken from this access Ltract h. Improvement Plans for the new Private Access tract connected to the new Residential Street shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 16-feet wide. Initial guidance for these street improvements is given below. (1) A minimum of 16-feet of asphalt concrete pavement, unless a greater width is required by the Fire Marshal for emergency access, except where this driveway accesses the public streets where an asphalt fillet with a radius 25-feet shall be provided to facilitate emergency access. (2) An approved cul-de-sac, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. Ridge at Garrison Creek Conditions of Approval Page 7 of 10 (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 (5) The private street shall 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 (6) Lots 9, 10 and 11 shall take access from this access easement i. Street Light Plans for 1001h Avenue Southeast and the new t Residential Street 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 private driveways and which parcels will be served by those private streets and driveways The face of the final plat will also specify that the maintenance of all private streets and private driveways is the sole responsibility of the property owners who are served by those private streets and driveways. 6. Direct vehicular access to and from lots having frontage along 100th Avenue Southeast is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG 100T" AVENUE SOUTHEAST IS PROHIBITED ACCESS FOR THESE LOTS IS RESTRICTED TO THE NEW RESIDENTIAL STREET CONSTRUCTED WITHIN THIS SUBDIVISION 7. 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 Ridge at Garrison Creek Conditions of Approval Page 8 of 10 Plans cannot be approved by the Department of Public Works without an approved Detailed Tree Plan Detailed Tree Plans are not to be confused with required Street Tree Plans, which have an entirely different purpose 8. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development 9. 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. Prior to final plat approval, the ownership of Tracts D and E shall be resolved through a) valid conveyance of real property pursuant to a boundary line adjustment approved by the City of Kent, b) court order; or c) sworn notarized statements by those now asserting claims of adverse possession that they have no ownership interests in such tracts If ownership to either Tract D or Tract E is established in the claimant(s) for adverse possession, such tracts shall be excluded from the boundaries of the final plat If ownership to Tract D is established in the applicant, all portions of Tract D will be merged into Tract B and Tract D will be eliminated from the final plat. If ownership of Tract E is established in the applicant, corresponding portions of Tract E will be merged into the adjoining Tract A, Road A, and lots 13 through 22 respectively; Tract E will be eliminated from the final plat 11. The City shall not issue civil construction permits unless a condition is imposed in the permit(s) that no work shall be performed within Tract D and Tract E until the adverse possession claims are resolved pursuant to the preceding condition 12. The Owner/Subdivider shall obtain and finalize appropriate permits to remove or relocate the existing buildings in accordance with Kent City Codes and Ordinances. 13. The Owner/Subdivider shall install break-away mailbox clusters at locations and per standards of the Kent Postmaster and Public Works Department. Ridge at Garrison Creek Conditions of Approval Page 9 of 10 1 14. Prior to commencement of construction, the Owner/Subdivider shall install signs that identify the construction access to the site 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 Note. the EMF for each lot (in 1986 Dollars) will be calculated by multiplying the total number of lots by $1076 and dividing by that number which is two less than the total number of lots 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•\Permit\Pla n\LONGPLATS\route ngs\2063960-2003-10cond itions.doc Ridge at Garrison Creek Conditions of Approval Page 10 of 10 Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: CANTERA FINAL PLAT —APPROVE 2. SUMMARY STATEMENT: Approve the final plat mylar for Cantera and authorize the Mayor to sign the mylar. SBI Developing, LLC proposes to subdivide approximately 19 5 acres into 75 single-family residential lots. The property is located at 27864 124`" Avenue SE. 3. EXHIBITS: Map and memo with conditions 4. RECOMMENDED BY: Community Development and Public Works Dept Staff r (Committee, Staff, Examiner, Commission, etc.) 1� 5. FISCAL IMPACT Expenditure" No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No 6F L— syyY � b 680 199 a w io" xx m 11�'dHl � � i i �. r•D'•' �� � r (31VAlHd it r < <� ; 37 dozS6 � I — F R N I �1 it — f —i t O\E 12 IC - d I -Cc ��'! ~• -- ° -,I z � - ,-0 < I r I-- - b}, � -rya; nE' i ' � r HIM .,f._.. .tea. `3nNaAY►ucti '� I VLL N n — -- Y— — 1 •1 N re — tL Z —�� 1 1• I Q- �—.,.. D�I H M v31 � � n P —I•�,l �___-000—� ui --- I ---- - I v63_S3OVldHiSZI rPY t I � �' W � l• TPJT tr "F" '' � f� � ( �� fir. 1 ;�. _�.'•j-i ale N I FI3 SS� I �� d��� `�. .;• ,� to aS 3 S 3f1N3AY m•!tt ' Mtf ' pOtl ' r tp.t ' p.t ".tyr_ .,.1 r rW W COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director KENT PLANNING SERVICES Charlene Anderson,AICP, Manager WA5HINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: March 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: CANTERA FINAL PLAT (#FSU-2004-19/KIVA #2064511) MOTION: Approve the final plat mylar for Camera and authorize the Mayor to sign the mylar SUMMARY: SBI Developing, LLC., proposes to subdivide approximately 19 5 acres into 75 single-family residential lots The property is located at 27864 124`h Avenue SE. BUDGET IMPACT: None BACKGROUND: On December 22, 2005, the Hearing Examiner issued Findings, Conclusions and a Decision granting approval of a preliminary plat, with 18 conditions. The applicant has complied with the conditions required prior to recording. S\Pemut\Planllongplats12 00612 0645 1 I-FSU-2004-19cc.DOC Enclosure Conditions of approval—Hearing Examiner CANTERA (AKA PFAFF) #SU-2004-19 On December 22, 2005, the City of Kent Hearing Examiner approved the Cantera plat with the following conditions A. Prior to Recordinq 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. ja. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the 1 existing public sanitary sewer system and shall be sized and placed at adequate depth 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(s) within the proposed subdivision, if any, shall be abandoned in accordance with King County Health Department Regulations. I Cantera #SU-2004-19 Conditions of Approval b. A water system meeting domestic and fire flow requirements for all ! lots i This development will be served by Water District #111 and will be constructed to Water District #111 standards and specifications Existing wells, if any, shall be abandoned in accordance with the requirements of the Department of Ecology C. A stormwater system. The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM) Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal 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 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 j 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. Page 2 of 13 Cantera #SU-2004-19 Conditions of Approval (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality Refer to the requirements of Technical Information Reports in Section 3 "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses (6) Roof downspouts for each roofed structure (house, garage, carport, etc ) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C 2, flow Control BMPs, in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System The face of the recorded plat shall contain the following restriction. AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS The roof downspouts from lots shown in the approved Wetland Mitigation Plan shall be discharged at the wetland edges with level spreaders. (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. If Tract H stormwater facility is connected to the SE 280t" Street stormwater system additional hydraulic capacity of the downstream stormwater conveyance system will be required. (8) The OwnerlSubdivider 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 Page 3of13 Cantera #SU-2004-19 Conditions of Approval contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arbonst can assess potential adverse stress upon all types of vegetation (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention/ detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits phasing of grading on a lot-by-lot basis will not be considered (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker 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. A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent Page 4 of 13 Cantera #SU-2004-19 Conditions of Approval possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11 05 120 - Avoiding wetland impacts. The Final Wetland Mitigation Plan shall include the following: 1) The storm drainage culvert that drains from Wetland Y to Wetland D shall be diverted around the storm tract, and directed back into Wetland D as near the original inlet as possible. A birdcage shall be placed at the current outlet of Wetland Y, set at the same elevation as the current outlet to avoid de-watering the wetland A level spreader or other type of approved energy dissipater shall be placed at the inlet to Wetland D. 2) The buffer from the off-site wetland to the south of Lot 41 shall be shown on the site plan g. Interim Street Improvement Plans for 1241h 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 Arterial Street within the City of Kent Comprehensive Plan Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs and gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the east 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 east 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 west side of the street The entire HMA pavement width of 30-feet specified above shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6- 2, Private and Public Street Requirements. ( NOTE: The pavement north of the new Residential Street will be j widened as necessary to provide for a 100-foot long left turn lane, a 100-foot opening for that turning lane and HMA and appropriate pavement transitions back to the existing pavement section Page 5 of 13 Cantera #SU-2004-19 Conditions of Approval (3) A City-approved HMA pavement shoulder at least 4-feet wide on the west side of the street (4) A City-owned street lighting system. (5) Public stormwater conveyance, detention and treatment facilities as applicable. (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 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 Road A, the new public Residential Street connected to 1241h Avenue Southeast and extending easterly toward the east property line of this subdivision The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a public street at least 28-feet wide. Initial guidance for these street improvements is given below. (1) Combined vertical curbs and gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 28 feet of Hot Mix Asphalt (HMA) pavement, measured from face of vertical curb to face of vertical curb (3) The centerline of Road A will include a tangent length of at least 50 feet as measured from the back of the sidewalk constructed along 124th Avenue Southeast to the first point of horizontal curvature east of 124`h Avenue Southeast All reverse curves will include a recovery tangent length of 50-feet between adjacent horizontal curves. (4) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Page 6of13 Cantera #SU-2004-19 Conditions of Approval Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association (5) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities L (6) Curb return radii of 20-feet at the intersection of all residential streets All intersections will include ADA compliant handicap ramps as appropriate (7) Street Trees installed within the 5-foot wide planting strips These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. i. Street Improvement Plans for Road B, the new public Residential Street connected to 126th Avenue Southeast and extending southerly to the subdivisions south property line, terminating near the center of Lot 2 of the Dana] Subdivision, Volume 77-32 of King County (APN 332205-0021). The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a public street at least 28-feet wide Initial guidance for these street improvements is given below. (1) Combined vertical curbs and gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 28 feet of Hot Mix Asphalt (HMA) pavement, measured from face of vertical curb to face of vertical curb t (3) All reverse curves will include a recovery tangent length of 50 feet between adjacent horizontal curves i (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 a Home Owner's Association. Page 7of13 Cantera #SU-2004-19 Conditions of Approval (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 all residential streets All intersections will include provisions for ADA compliant handicap ramps as appropriate. (7) Street Trees installed within the 5-foot wide planting strips. These Street 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 j. Street Improvement Plans for Road C, the new public Residential Street connected to Southeast 280th Street at the southeast corner of the subject property, and to Road A on the north The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a public street at least 28-feet wide Initial guidance for these street improvements is given below. (1) Where all of the necessary right-of-way is within the subdivision: Combined vertical curbs and gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. Where there is less than adequate public right-of-way within the subdivision, the public street must provide a combined vertical curb and gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and a 5-foot wide cement concrete sidewalk along the north side of the street The planter strip may transition from 5-feet to zero feet as needed to transition to the existing sidewalk system constructed within Southeast 280th Street At the discretion of the Public Works Director, the Owner/Subdivider may be required to remove the temporary cul-de- sac bulb constructed at the west end of Southeast 280th Street Page 8 of 13 T I Cantera #SU-2004-19 Conditions of Approval within the subdivision of Sun Meadows, if it is safer for vehicles and pedestrians using the street to do so, and extend the existing cement concrete sidewalks on both sides of Southeast 280'h Street to the west property line of the Sun Meadows subdivision. (2) A minimum of 28 feet of Hot Mix Asphalt (HMA) 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 Intol-ight 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 the intersection of this residential 1 street with all other residential streets (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees k. Street Improvement Plans for the new Private Residential Street constructed within Tract A. 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 for a private street at least 20-feet wide. Initial guidance for these street improvements is given below. (1) A minimum of 20 feet of Hot Mix Asphalt (HMA) pavement, measured from face of vertical curb to face of vertical curb or from edge of pavement to edge of pavement (2) This private street will connect to the public residential street with a Residential Driveway Approach having design radii of 30 feet. (3) A 5-foot wide cement concrete sidewalk constructed along the west side of the street. Page 9 of 13 Cantera #SU-2004-19 Conditions of Approval (4) An approved cul-de-sac bulb, or approved turnaround at its terminus, unless this additional street improvement is not required by the City Fire Marshal. (5) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (6) Unless additional HMA pavement width is provided for parking, this private street shall have pavement markings and traffic signs installed which clearly designate the private street as a Fire Lane, where no parking will be permitted. (7) This private street, including sidewalk must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the Private Street and sidewalk combination. I. Street Improvement Plans for the new Joint-Use Driveways constructed , within Tracts B, I, and J Tracts B, I and J shall be classified as Joint Use Driveways unless the Public Works Director determinates that Private Street classification is appropriate The Street Improvement Plans for the Joint-Use Driveways shall be designed in conformance with City of Kent Construction Standards Initial guidance for these street improvements is given below. (1) A minimum of 20 feet of Hot Mix Asphalt (HMA) pavement, measured from face of vertical curb to face of vertical curb, or from edge of pavement to edge of pavement. (2) The joint-use driveways in Tracts I and J shall connect to the public residential street with Residential Driveway Approaches having a minimum design radii of 20 feet The joint-use driveway in Tract B shall have a minimum design radii of 30 feet unless a reduction is approved by the City Fire Marshal. (3) An approved cul-de-sac bulb, or approved turnaround at its terminus, unless this additional street improvement is not required by the City Fire Marshal. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. Page 10 of 13 Cantera #SU-2004-19 Conditions of Approval (5) Unless additional HMA pavement width is provided for parking, these joint-use driveways shall have pavement markings and traffic signs installed which clearly designate the joint-use driveways as Fire Lanes, where no parking will be permitted. (6) The joint-use driveways must be centered within a joint-use driveways tract or easement that is at least 1-foot wider than the total paved width of the joint-use driveways. (7) Access to the joint-use driveway within Tract B shall be limited to Lots 22 and 23 unless otherwise approved by the Public Works Director 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 L 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 lots 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 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 IS PROHIBITED 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 permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's 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 Page 11 of 13 Cantera #SU-2004-19 ! Conditions of Approval for the entire sensitive area, in conformance to 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 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 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 Page 12 of 13 Cantera #SU-2004-19 Conditions of Approval DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE 9. 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. 10. 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 11. Break-away mailbox clusters shall be bonded for or installed at locations 1 and per standards approved by the US Postmaster and Public Works 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 the City of Kent. ' S•\Permit\Plan\LONGPLATS\FSNAL PLATS\2006\2064511-2004-19conditions.doc Page 13 of 13 Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: 2006 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize submission of the 2006 Consolidated Annual Performance and Evaluation Report to the Department of Housing and Urban Development The 2006 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds The report is required by HUD annually and must be submitted by March 31 of each year The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. 3. EXHIBITS: The 2006 Consolidated Annual Performance and Evaluation Report (CAPER) 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 X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G t CON SOLIDATED ANNUAL PERFORMANCE AND w. EVALUATION : 4} REPORT 2006 _ Submitted to: US DEPARTMENT OF HOUSING& URBAN DEVELOPMENT Office of Community Planning and Development Seattle Federal Office Building 909 First Avenue Suite 300 Seattle, WA 98104-1000 Prepared by: CITY OF KENT Parks, Recreation & Community Services Department Housing and Human Services Division 220 Fourth Avenue South Kent, WA 98032 City of Kent 2006 CAPER 40 KENT wwaMxorox CITY COUNCIL Mayor: Suzette Cooke Council President: Deborah Ranniger Council Member: Tim Clark Council Member: Ron Harmon Council Member: Bob O'Brien Council Member: Debbie Raplee Council Member: Les Thomas Council Member: Elizabeth Albertson HUMAN SERVICES COMMISSION Chair: Dim Duclos Commissioner: Jon Botton Commissioner: Jennifer Grosman Commissioner: Brett Hollis Commissioner: Cathy Peters Commissioner: Tamara Sleeman Commissioner: Maya Vengadasalam Commissioner:, Edna White = City Council Member, Elizabeth Albertson- DEPARTMENT OF PARKS & COMMUNITY SERVICES Director: Jeff Watling HOUSING & HUMAN SERVICES DIVISION Manager: Katherin Johnson CDBG Coordinator: Dinah R. Wilson Sr. Human Services Coordinator: Merina Hanson Human Services Coordinator: Jason Johnson CITY OF KENT 2006 CAPER -2. ' TABLE OF CONTENTS Section Title Page 1• Executive Summary 4 IL General Narrative 7 A, Assessment of Goals and Strategies `" 7 1.Housing and Homeless Strategies 7 2.Economic Development and Employment Strategies 9 3.Livable Communities Strategies 10 B. Affirmatively Further Fair Housing What Activities Were Taken 11 C Evaluation of Affordable Housing Objectives 12 D Continuum of Care 17 E. Leveraging Resources 18 F Citizen Comments 18 G. Lead-Based Paint Compliance'!- fi_ 18 H Sub-recipient Monitoring and Training `��� 18 I, Self-Evaluation 19 J. Human Services Master Plan. Building a Healthy Community 19 III• CDBG Program Narrative 21 A 2006 CDBG Projects 21 B. Relationship Assessment, Consolidated Plan Pnonhes, National 22 Objective and One Year Action Plan C`. Program Objective Changes 23 C Efforts Assessment One Year Action Plan 23 E. Explanation Regarding Activities Involving Acquisition, Rehabilitation, 26 or Demolition of Occupied Real Property F Economic Development Activities Where Jobs Were Not Taken By 26 Lo,,v/Moderate-Income Persons G. Report Regarding Loan Repayments 26 IV. Conclusion 26 ' Attachment A• Information From HUD's Integrated Disbursement& Information System (IDIS) For Program Year 2006 Attachment B: CDBG & Human Services General Fund Allocations for Program Year 2006 CITY OF KENT 2006 CAPER _3 i 1. EXECUTIVE SUMMARY As a prerequisite for receiving Community Development Block Grant (CDBG) funding, the City of Kent(hereinafter referred to as the City) developed a Five-Year Consolidated Plan for the period of 2003— 2007 Each year the City executes specific actions to implement the Goals and Strategies of the Consolidated Plan, actions are outlined in the Annual Action Plan The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report(CAPER), is to ' inform the U.S Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment of CDBG and other resources for the 2006 program year, which covers the period January 1, 2006 to December 31, 2006 In 2006, HUD allocated $807,108 in CDBG funds to the City (An additional$663,049 in funds allocated from the City's General Fund budget was used in conjunction with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City successfully executed the activities outlined in the 2006 Action Plan by investing its CDBG funds in the following activities public services rehabilitation, micro-enterprise assistance, public facilities and improvements, and human services planning and administration. Because the City is cognizant that collaboration allows for visionary planning and comprehensive development of services that respond to the needs of City residents and the regional community, staff worked closely with regional municipalities. King County, state government, United Way of King County, and other non- profit organizations to build a strong community safety net. ter, GOALS AND STRATEGIES The City focused upon the following goals and strategies in 2006- Housing and Homeless Strategies • Goal H1 Expand the Range of Affordable Housing Choices Available to Meet the Needs of Both Current Kent Residents and Residents Projected in Growth Estimates ♦ Strategy H2 A* Maintain the existing stock of affordable housing • . Goal H2 Provide Stable,Service-enriched Housing for Homeless Persons and Persons with Special Needs. ♦ Strategy H3 A Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless Assure that the interests of South King County are Included in the countywide process to end homelessness. ♦ Strategy H3 B Provide enhanced case management and stabilization services linked to transitional housing services for homeless persons. ♦ Strategy H3 C Increase housing stabilization for those who are homeless or at risk of becoming homeless Economic Development and Employment Strategies • Goal E1 Improve the Potential for Kent Residents to Obtain and Retain Livable Wage Jobs ♦ Strategy E1 A, Support multi-dimensional approaches linking services to jobs to improve the ability of people to obtain, progress in, and retain living wage jobs ♦ Strategy E1 C* Make jobs accessible to all Kent residents. CITY OF KENT 2006 CAPER -4- • Goal E2 Increase Opportunities for Business to Develop and Expand in Kent, with Particular Focus on Small Businesses and Micro-enterpnses ♦ Strategy E2 B, Develop Incentives and supports for small businesses. ♦ Strategy E2 D Support real estate development and redevelopment projects through Section 108 Loan Guarantees and CDBG Float Loans that will benefit low/moderate- income persons or provide housing for lowlmoderate-Income persons. Livable Communities Strategies • Goal C1 Address Issues of Inclusion and Integration ♦ Strategy C 1 A Increase inclusion of Immigrants and refugees,an'd people of color in the life of the Kent community • Goal C2� Create a Community that Supports Health y`lndividuals and Families ♦ Strategy C2 A Build neighborhood centers/local access to services. ♦ Strategy C2 B Create a community that supports healthy families FUNDING DECISIONS The City's nine-member Human Services Commission,_a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and ' recommends funding allocations based on the current needs In 2006, the City funded four(4) capital projects and six (6) public services projects The reminder of the City CDBG allocation was applied to Planning and Administration activities. Examples include funding for the Somali Community Engagement Project and education and outreach to affirmatively further fair housing ' The following is a list of 2006 funded projects. e� CITY OF KENT 2006 CAPER 2006 CDBG PROJECTS PROJECT NAME ACTIVITY CDBG ALLOCATION City of Kent Fire Rehabilitation Funds used to support costs for the installation of $ 10,000 Department Fall Prevention handicap accessibility items in the homes of low/moderate-income Program Kent residents Rehabilitation City of Kent Home Repair Rehabilitation Funds used to rehabilitate housing that is owned and $374,620 ' Program occupied by lowlmoderate-income families residing in the City of Kent City of Kent Parks, P&A Funds used to administer the City of Kent CDBG $161,422 Recreation&Community projects and engage in planning activities. Services Planning& Administration Community Heath Centers Public Services*Funds used to provide primary care and nursing $9 500 of King County Healthcare services to homeless adults and children who resided in transitional for the Homeless shelters,services also provided at the Kent Community Health Center Community Heath Centers Public Services Funds used to provide medical and natural $35,969 of King County Health& medicine services to Kent patients Natural Medicine Hospitality House Public Services Funds used to provide shelter and case $ 10,000 ' Women's Shelter management services to homeless women who formerly resided in Kent Kent Food Bank Public Services Funds used to pay for a portion of rent and utilities $ 15,366 Emergency ideals for the Kent Food Bank., Kent Youin&Family Public Facilities&Improvements Funds used to remove and $ 125,000 Services Titus 130ding replace the roof on the Titus Building,which houses the ' Roof Replacement _ administrative offices and is used to provide counseling and substance abuse treatment to lowlmoderate-income youth and their families Multi-Service Center, Public Services Funds used to provide shelter and case $33,865 Housing Stability management services to homeless women who formerly resided in Kent Valley Cites Counseling& - Public Seances Funds used to provide outreach and case $ 16,366 Consultation Homeless management to homeless individuals in the City of Kent Outreach Washington CASH, Kent Micro-enterprise Funds used to provide business $15,000 Micro-enterprise Initiative training and loan fund services to low/moderate- income women people with disabilities and other under-served individuals CITY OF KENT:2006 TOTAL: $807,108 CDBG ALLOCATION CITY OF KENT 2006 CAPER -6- GENERAL NARRATIVE A. ASSESSMENT OF GOALS AND STRATEGIES ' 1. Housing and Homeless Strategies Goal H1: Expand the Range of Affordable Housing Choices Available to Meet the Needs of Both Current Kent Residents and Residents Projected in Growth Estimates. Strategy H2.A:Maintain the existing stock of affordable housing. The following initiatives were instrumental in helping the City maintain the existing stock of affordable housing • The City allocated $374,620 in CDBG funds to the Home Repair Program to provide rehabilitation assistance and health and safety repairs to 104 low/moderate-income households in 2006 • Home Repair Program staff distributed English and Spanish versions of the Healthy Home Informational booklets to Kent households The booklet provides tips on how to create and maintain a healthy and safe home. ' • Home Repair Program staff distributed Home Repair informational packets at Resource Fairs that were held throughout the City • The City worked regionally to improve home repair policies by attending meetings, 1 participating on committees, and sharing policies and procedures with regional Home Repair Programs • The City allocated$10,000 in funds to the City of Kent Fire Department to support costs for the installation of handicap accessibility items in the homes of lowlmoderate- income Kent residents. The installation of handicap accessibility items promotes the ability of seniors and disabled residents to stay in their homes and remain self- sufficient Goal H2: Provide Stable,Service-enriched Housing for Homeless Persons and Persons with Special Needs. Strategy H3.A;Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless. Assure that the interests of South King County are included in the countywide process to end homelessness. The following actions were executed to support countywide continuum of care efforts and to assure that the interests of South King County were included in the goal to end ' homelessness CITY OF KENT 2006 CAPER -7- • Staff supported Safe Harbors (a homeless management information system) • Staff participated in the 2163 application review, which was administered by King County Funding for 2163 was created through a bill (House Bill 2163) which allows the collection of a document recording fee to be used to end homelessness in Washington State • Staff participated in the countywide Housing Funders' Group. This group meets to ' discuss new projects or funding sources that are available for homeless services within King County. The group also works to coordinate funding initiatives • Staff participated on several committees and supported the Committee to End Homelessness in King County, which is a ten-year regional effort to significantly reduce homelessness • Staff successfully recruited and advocated to increase the number of representatives ' from South King County on the Committee to End Homelessness and to promote the scheduling of Interagency Council Committee meetings in South King County • Staff participated on the Regional Affordable Housing Program application review ' process, • Staff participated on the United Way of King County Domestic Violence/Sexual Assault impact Council grant review team The Impact Council makes funding recommendations to United Way for programs that provide domestic violence/sexual assault services throughout King County Strategy H3.B:Provide enhanced case management and stabilization services linked to transitional housing services for homeless persons. , The following actions were taken to provide enhanced case management and stabilization services linked to transitional housing services for homeless persons , • The City provided $10,000 in CDBG funds to Hospitality House to support a shelter for -homeless women and link them to securing permanent or transitional housing ' • The City provided $17,000 in CDBG funds to Valley Cities Counseling and Consultation to provide outreach and case management services to homeless individuals. I ' • The City provided $9,500 in CDBG funds to Community Health Centers of King County for the Healthcare for the Homeless Project. The Project provides primary care and nursing services to homeless families and individuals living in shelters and transitional ' housing Strategy H3.C:increase housing stabilization for those who are homeless or at ' risk of becoming homeless. The following actions promoted this strategy: • The City provided $33,865 in CDBG funds to the Multi-Service Center Housing Stability Project to support the award of housing stability grants to low-income ' homeless individuals to prevent eviction or to assist with move-in costs. CITY OF KENT 2006 CAPER 8- ' The City continued to actively enforce code provisions requiring mobile home park owners to submit a relocation report and plan to the Human Services Division prior to issuing eviction notices to tenants who must relocate due to closure, change of use, or a zoning re-designation 2. Economic Development and Employment Strategies Goal El: Improve the Potential for Kent Residents to Obtain and Retain Livable ' Wage Jobs. Strategy E1.A: Support mufti-dimensional approaches linking services to jobs to improve the ability of people to obtain, progress in, and retain living wage jobs. The following action was taken to improve employment opportunities• ' The City partnered with the Kent Chamber to complete a feasibility analysis and business plan for the Center for Advanced Manufacturing The vision of the Center is ' to focus on innovation and business development activities among area manufactures and to allow them to retain and add jobs in an increasingly competitive global manufacturing marketplace. Activities in the Center will include partnering with other agencies to support manufacturers' need to find and train qualified workers. Strategy El.C:Make jobs accessible to all Kent residents. The following contributed to job accessibility: ' Low/moderate-income Kent residents received equal access to jobs created through the development of the Kent Station project. ' Goal E2: increase Opportunities for Business to Develop and Expand in Kent, with Particular Focus on Small Businesses and Micro-enterprises. Strategy E2.B: Develop incentives and supports for small businesses. The City executed the following initiatives. • Through the City of Kent Mayor's Office, provided $12,000 in General Funds to Green River Community College Small Business Assistance Center to provide one-on-one counseling and small business classes to Kent residents • Continued to partner with Evergreen Community Development Corporation (a non- profit certified by the Small Business Administration to make 504 loans) by writing support letters for existing and new businesses seeking loans to purchase their own real estate When local businesses own their own property, this leads to business stability. • Allocated $15,000 in CDBG funds to Washington CASH to provide business training and loan fund services for low-income women, people with disabilities and other CITY OF KENT 2006 CAPER -9. under-served individuals to develop new micro-enterprise businesses ' • Allocated $12,675 in General Funds to Child Care Resources to provide child care vouchers to low/moderate-income families ' • Allocated $10,000 in General Funds to the Center for Career Alternatives to support a job readiness training and placement program for low/moderate-income job seekers who have multiple barriers to employment and/or basic education ' • Allocated $35,000 in General Funds to Washington Women's Employment and Education (WWEE) to provide computer training and a job readiness class to low- income Kent residents , Strategy E2.C:Promote the use of vacant property for potential business sites. The City executed the following action• • Partnered with Lowe's Hardware, Fred Meyers; and Seattle Public Utilities (SPU)to ' redevelop several under-used commercial properties along the Pacific Highway corridor to help revitalize Kent's West Hill 3. Livable Communities Strategies ' Goat C1: Address Issues of Inclusion and Integration ' Strategy Cf.A:Increase inclusion of immigrants and refugees and people of ' color in the life of the Kent community. The City implemented the following; • Awarded $5,000 in CDBG funds to Refugee Women's Alliance (ReWA) to fund the Somali Community Engagement Protect, planning grant to identify the human , services needs and barriers to services for Kent residents who are of Somali descent, • Expanded asset building,cultural enhancement, and educational support and , community connection activities by supporting People of Color in Philanthropy, a countrywide organization that promotes racial equity and social justice for communities of color through in philanthropy Activities included Meet the Funders, an event to introduce organizations to local and national funders, and Expanding the Circle, an event to teach POC about philanthropy, • identified funding prospects for immigrant and refugee farming projects to meet ' the food needs and increase the self-reliance of Meskhetian Turks, refugees who were resettled in the City of Kent. Goal C2: Create a Community that Supports Healthy Individuals and Families. Strategy C2.A:Build neighborhood centersllocal access to services. CITY OF KENT 2006 CAPER 14- 1 The following action supported this strategy: • The City continued its support to ensure the long-term success of the Alliance Center, a One Stop Service Center that provided a central location to meet the human services needs of the low/moderate-income community. • The Spnngwood Community Center had its grand opening in 2006. In 2005, the City provided funding to King County Housing Authority for construction of the Community Center, a two-story facility to serve low-income youth The building includes a gymnasium, a game room, a computer room, a kitchen, administrative offices, a classroom, and an arts and crafts room Strategy C2.B: Create a community that supports healthy families. The following actions were implemented in 2006- ' • Provided $35,969 in CDBG funds to Community Health Centers of King County to provide primary medical and natural medicine services to low/moderate-income individuals. • Provided$15,366 in CDBG funds to Kent Food Bank (KFB)to cover a portion of the rent and utilities. KFB provides emergency food bags to needy individuals and families residing in Kent « Provided $125,000 in CDBG funds to Kent Youth and Family Services to replace the roof on the Titus Budding, which is used to provide counseling and substance abuse treatment to low/moderate-income youth and their families • Continued to manage the Safe Havens Visitation Center for family violence victims B. AFFIRMATIVELY FURTHER FAIR HOUSING: WHAT ACTIVITIES WERE TAKEN The City continues to monitor compliance with the Fair Housing Act and to respond appropriately to alleged violations, complaints are referred to the Washington State Human Rights Commission for resolution In 2004, the City hired a consultant to complete its first Analysis of Impediments to Fair Housing Choice (AI)as a direct entitlement City The Fair Housing Consultant identified three impediments and made two recommendations which fall under the City's authority. The two recommendations were ' • Expand current education and outreach efforts;and • Target homeownership and lending marketing to African American and Hispanic households ' The following actions were taken to implement the Fair Housing Consultant's recommendations and to affirmatively further fair housing. • Staff created a Fair Housing pamphlet entitled Farr Housing—It's Your Right which can be downloaded from the City's website, • Staff distributed fair housing informational materials at City-sponsored crime CITY OF KENT 2006 CAPER -11- prevention training and resource fairs. ' • Staff inserted Fair Housing articles in City publications; and • Staff researched and developed strategies for outreach to lenders, including a local Hispanic-owned bank, to explore ways to increase homeownership and lending to African American and Hispanic residents C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES As noted in the 2003—2007 City of Kent Consolidated Plan, the City of Kent's r comprehensive plan is consistent with the Countywide Planning Policies that include guidelines to support housing affordability. The Countywide Planning Policies require that all jurisdictions "provide for a diversity of housing types to meet a variety of needs and provide for housing opportunities for all ' economic segments of the population." The policies further call on all jurisdictions to participate in an equitable distribution of low-income and affordable housing throughout the County , The City adopted a range of strategies to encourade'affordable housing and to remove barriers to affordable housing development This report highlights the following strategies: • Maintaining the existing stock of`affordable housing; • Increasmg housing stabilization for those who are at risk of becoming homeless; and 1 • New funds for affordable housing Maintaining Existing Stock of Affordable Housing ' Home Repair Program The City of Kent has an existing stock of smaller, older, and more affordable homes Most , are located adjacent to the downtown core The City preserved this housing through the Home Repair Program and other investments In addition to preserving housing, the City's ' investment averted the expenditure of new development costs on the same location Fall Prevention Program The City of Kent had a significant number of senior and disabled residents who were at risk of losing the independence of remaining in their homes without the installation of fall prevention devices such as grab bars, transfer benches, elevated toilet seats, bed , handles, etc This was the first year of the City's investment of CDBG funds toward the Fall Prevention Program The Program was hugely successful and residents who were assisted felt safer and more self-sufficient. , CITY OF KENT 2006 CAPER -12- M 1 Units Preserved Through City of Kent Home Repair Program and City of Kent Fire Department Fall Prevention: Rehabilitation Assistance a,�'�'`t"•+�1 +a.�Y OutcomelObjective: Enhance accessibility Outcome/Objective: Enhance accessibility to decent housing by providing to decent housing by installing handicap rehabilitation assistance and health and accessibility items in 47 low/moderate- safety repairs to 104 low/moderate-income income Kent households. Kent households TABLE 3B•ANNUAL HOUSING COMPLETION GOALS Resources used during 2006 r ANNUAL AFFORDABLE HOUSING GOALS(SEC 215 Homeless Households Q ❑ ❑ �'❑ ❑ Non-homeless households ❑ ❑ ❑ ❑ Special Needs Households ❑ ❑ ❑ n 1 ANNUAL AFFORDABLE RENTAL HOUSING GOALS SEC.215 Ac uisiticn of existino units ❑ ❑ Cl Production of new units ❑ ❑ ❑ Rehabilitation of existmq units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec 215 Affordable ❑ ❑ ❑ ❑ Rental ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC.215) Acquisition of existin units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of exisUn units 82 151 X ❑ Homebu erAssistance ❑ ❑ ❑ Total Sec.215 Affordable ❑ ❑ ❑ ❑ Owner ANNUAL AFFORDABLE HOUSING GOALS fSEC.215 Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of exis6n units ❑ ❑ ❑ ❑ Homebu erAssistance ❑ 1 ❑ ❑ ' Total Sec.215 Affordable ❑ ❑ ❑ ❑ Housing ANNUAL HOUSING GOALS Annual Rental_HousingGoal ❑ ❑ ❑ ❑ Annual Owner Housmc�Goal ❑ ❑ 1 ❑ ❑ Total Annual Housin Goal 82 151 X ❑ ❑ ❑ CITY OF KENT 2006 CAPER -13- Increasing Housing Stabilization for Those Who are Homeless or at Risk of ' Becoming Homeless Multi-Service Center Housing Stability Program The City of Kent has an increasing number of residents who experience financial emergencies that place them at risk for eviction or who lack the funds to pay for move-in costs. Through the Housing Stability Program, residents secure the funds to remain in housing or to pay a security deposit and other costs to lease a home Housing Stability Provided to Individuals Who Were Homeless or at Risk of ' Becoming Homeless Persons Assisted 72 Persons Assisted 114 ' Multi-Service Center Housing Stability Address the need to sustain a suitable living ' Program environment and prevent homelessness by providing housing stability grants to 114 low/moderate-income individuals. New Funds for Affordable Housing k 2163 Funds ' The first 2163 Fund Grants were awarded in 2006, the grants include surcharges collected in 206. In 2005, the Washington State Legislature passed a bill levying an additional surcharge(in 2004 the first surcharge was levied to generate a new source of operating and maintenance funds for emergency and transitional housing) on document recordings to generate revenue for local governments to fund low-income housing programs ' • $75,000 in 2163 funds and ten (10) Section 8 vouchers from King County Housing Authority were awarded for five years to South County to create ten permanent supportive housing units for homeless families with multiple barriers to obtaining housing ' • Funding was provided to seven (7) additional projects, including two county-wide projects One will create thirty(30) new units of housing with supportive services for homeless individuals and the other will provide housing stabilization and supportive , services to twenty(20) homeless households with Section 8 vouchers South King County Housing First Pilot This service model pnortizes placing individuals into housing quickly without requiring that they meet a housing 'readiness" standard first Past requirements included enrollment in CITY of KENT 2006 CAPER -14- ' supportive services prior to receiving housing This model offers supportive services on site and helps residents build skills to become good tenants and remain in housing. • This project combines resources from several funding streams (King County Housing Authority, King County Mental Heath and Chemical Abuse and Dependency Services Division, and United Way of King County) to house twenty-five (25) individuals who are chronically homeless in South King County. These individuals have multiple needs and the services provided include mental health, chemical dependency, and primary health care ' D. CONTINUUM OF CARE The City of Kent participates regionally with the Seattle/King County Continuum of Care for the application and distribution of HUD funds for homeless programs through McKinney funds, Emergency Shelter Grant (ESG) and HOME funds In addition to regional participation, the City takes action on its own to support a continuum of services for homeless individuals. ; In 2006, the City supported a number of programs that provided assistance to homeless persons and persons requiring supportive housing Support for these programs came from a combination Of City General Fund and CDBG resources. Included were ' Z Catholic Community Services Emergency Assistance Program-emergency motel vouchers for individuals and families and emergency financial assistance © Catholic Community Services Housing for Men—emergency shelter for homeless men t7 City of Kent Housing & Human Services Division —resource &referral services, including bus tickets, and client advocacylreferrals 2 Community Health Centers of King County Healthcare for the Homeless—nursing services to homeless individuals residing in transitional and domestic violence shelters located in the Kent area R1 DAWN Domestic Violence Shelter Program -confidential emergency shelter for victims of domestic violence and their children © Hospitality House—emergency shelter for homeless, single women Z Home Repair Program -grants for health and safety-related repairs for low/moderate- income homeowners Z Kent Food Bank—emergency financial assistance and food bags 10 Kent Youth and Family Services Watson Manor-transitional housing for parenting teens ✓Z Multi Service Center Housing—emergency and transitional housing for women and families 0 Multi Service Center Housing Stability—grants to prevent eviction or to assist with move-in costs © Valley Cities Counseling &Consultation—case management services for homeless individuals CITY OF KENT 2006 CAPER 15- i The City also provided services to persons with disabilities at the Kent Resource Center ' and escorted transportation services for seniors living independently in the community , E. LEVERAGING RESOURCES In 2006, CDBG funds were used in conjunction with $663,049 in local funds to address human services needs, Community agencies report that for every $1 provided by the City of Kent, another$7 is leveraged Community agencies receive the balance of their funding from other federal agencies, the State of Washington, King County, local municipalities, United Way and other charitable giving campaigns, foundations, private donations and fundraising. Funding reductions at federal, state, and local levels continue to impact the , stability of the human services system. F. CITIZEN COMMENTS ' Citizens received a 30-day period to review and comment on the CAPER. A Public Notice was published in the Kent Reporteron Wednesday, January 31, 2007 No comments , were received. In addition, citizens were invited to provide comments at a public hearing held at the , Housing and Human Services Division on February 28;2007. Over two-weeks advanced notice was provided No comments were received Notices were provided to People of Color and organizations working with or who have ' contacts with ethnic/racial minorities, non-English speaking persons, and people with disabilities G. LEAD-BASED PAINT COMPLIANCE The following actions were taken by the City to evaluate and reduce the number of housing units containing lead-based paint hazards: • _,The City provided Lead Based Paint informational materials to all homeowners served , by the Home Repair Program, staff was available to answer questions. • Home Repair staff used the Lead-Safe Housing Rule Checklist for General Compliance Documentation as a guide to verify compliance with lead-based paint rules, a Lead-Safe Housing Rule Applicability Form was completed on every Home Repair client ' • Staff adhered to and, when applicable, enforced lead-based paint abatement regulations. H. SUB-RECIPIENT MONITORING AND TRAINING , The City monitored its CDBG program throughout the year. The CDBG Program Coordinator met with newly funded programs to review reporting requirements and to address issues that needed clarification Programs that needed guidance in achieving CITY OF KENT 2006 CAPER -16- 1 performance measures received technical assistance andloron-site monitoring Programs are informed that the failure to comply with contractual requirements and regulations could result in remedial actions andlor the termination of funding The CDBG Coordinator developed an online self-assessment monitoring tool and will monitor all funded programs via the online monitoring tool and/or an on-site monitoring visit by the end of the first quarter of 2007 1. SELF-EVALUATION The preponderance of CDBG and human services expenditures were used to support the wide continuum of services that are essential to the Kent community and the South King County region The City met its requirements for housing development and affordable housing pursuant to the King County Growth Management Planning Policies adopted by ' the region in 1993 _ The City's nine-member Human Services Commission, a citizen's advisdry body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the urgent needs, along with an eye toward self-reliance and prevention Emerging issues over the previous six years of the Consolidated Plan include the increased demands for fob training and workforce development, improving the domestic violence system, emergency and disaster preparedness and coordination, an increase in the number of residents who lack health care insurance or are under-insured, collaboration in the county-wide goal of ending homelessness by moving the homeless into permanent housing, and addressing needs of the immigrant/refugee population The City's response to emerging issues included the following initiatives • Increased funding to micro-enterprise development projects. • Awarded funding to the Somali Community Engagement Project, an initiative to " identify the human services needs and barriers to services for Kent residents who are of Somali descent • Identified funding prospects for immigrant and refugee farming projects to meet the food needs and increase the self-reliance of Meskhetian Turks, refugees who were resettled in the City of Kent • Staff co-chaired the United Way of King County Domestic Violence/Sexual Assault Impact Council, which issued a Request for Qualifications to fund a new outcome. Youth learn and adopt attitudes, skills and behaviors that prevent/reduce interpersonal violence Kent Youth and Family Services is one of the two agencies that received funding for its Youth interpersonal Violence Prevention Project J. HUMAN SERVICES MASTER PLAN: BUILDING A HEALTHY COMMUNITY In 2006, the City developed and the City Council approved a Human Services Master Plan for 2007—2012, which is entitled, Budding a Healthy Community. Kent residents and community organizations contributed to the development of the Master Plan CITY OF KENT 2006 CAPER -17- through focus groups and interviews. The" . Master Plan is crafted to bring a broad scope and long-range view to the vital work of serving Kent residents. It serves as a policy guide for the Housing and Human Services Division (HHS) to do their part in ' fulfilling the City's overall goal of Budding a Healthy Community HMS and the City of Kent's Human Services Commission will use these policy focus areas and priorities to prepare funding recommendations in the City's two-year budget cycles." In addition, priorities called out in the Master Plan will be included in the City's three- prong analysis that is used to determine which programs receive future CDBG funding (See page 22 of this document under Relationship Assessment Consolidated Plan Priorities, National Objective and One year Action Plan for additional information on the City's analysis for determining which programs receive CDBG funding ) ' To assist with its goal of Building a Healthy Community, the City will target five (5) funding priorities. • Meeting Community Basics Ensuring that people facing hardship have access to resources to help meet immediate or basic needs • Increasing Self-Reliance , Helping individuals break out of the cycle of poverty by improving access to services and removing barriers'to employment. • Strengthening Children and Families Providing children, youth andfamdies with community resources needed to support their positive development, including early intervention &prevention services • Building's Safer Community ' Providing resources and services that reduce violence,crime, and neglect in our community. Improving Health and Well-Being Providing access to services that allow individuals to improve their mental and physical health, overall well-being, and ability to live independently. Adherence to the goals and the funding pnonties included in the Master Plan is critical to fulfilling the mission of the Human Services Commission. MISSION STATEMENT The Human Services Commission exists as part of the conscience of the City of Kent in its recognition of the value and diversity of all citizens including the various cultures and ethnicities and the City's desire that their basic needs be met. CITY OF KENT 2006 CAPER -78- ■ A. 2006 CDBG PROJECTS The City of Kent supports housing and human services agencies with funds for on-going programming, e g , feeding programs, medical services, housing stability; etc., through Its CDBG entitlement It is the City's policy to support human service programs that meet one of the City funding priorities A total of$807,108 in CDBG funds was awarded in 2006 The following organizations were supported by the CDBG Program (a complete list of agencies supported by the City's CDBG and General Fund is attached). Capital Projects' Rehabilitation • City of Kent Fire Department: Fall Prevention-$10,000 Funds used to support costs for the installation of handicap accessibility items in the homes of low/moderate-income Kent residents. • City of Kent: Home Repair Program-$374,620 Funds used to rehabilitate housing that is owned and occupied by low/moderate- Income families residing in the City of Kent. Micro-enterprise Assistance • Washington Cash: Kent Micro-Enterprise Initiative-$15,000 Funds used to provide business training and loan fund services to low/moderate- income women, people with disabilities and other under-served individuals. Public Facilities and Improvements,,,- ,g • Kent Youth and Family Services:'Titus Building Roof Replacement-$125,D00 Funds used to remove and replace the roof on the Titus Building, which houses the administrative offices and is used to provide counseling and substance abuse treatment to Iowlmoderate-income youth and their families. Public Services • Community Health Centers of King County: $45,469 Funds used to support two projects (1) Health and Natural Medicine($35,969), project provided medical and natural medicine services to Kent patients, and (2) Healthcare for the Homeless ($9,500), project provided primary care and nursing services to homeless adults and children who resided in transitional shelters, services also provided at the Kent Community Health Center. • Hospitality House: Women's Shelter-$10,000 Funds used to provide shelter and case management services to homeless women who formerly resided in Kent I1 Funding was approved by City Council November 1,2005 CITY OF KENT 2006 CAPER -19- • Kent Food Bank: Emergency Meals-$15,366 ' Funds used to pay for a portion of rent and utilities for the Kent Food Bank. • Multi Service Center: Housing Stability-$33,865 Funds used to provide housing stab tty grants to low-income or homeless individuals to prevent eviction or to assist with move-in costs • Valley Cities Counseling and Consultation: Homeless Outreach-$16,366 Funds used to provide outreach and case management to homeless Individuals in the City of Kent Planning and Administration City of Kent: Parks, Recreation and Community Services Department, Housing and Human Service-$161,422 Funds used to administer the City of Kent CDBG projects and engage in planning activities. , B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES, NATIONAL ' OBJECTIVE AND ONE YEAR ACTION PLAN CDBG funds and the$663,049 allocated from the City's General Fund provide the foundation for the City's efforts inhuman services The combined funds are allocated by the City Council based on recommendations by the City's Human Services Commission. The Commission reviews the data from a number of assessments, demographic reports and plans to develop priorities for funding, and then calls for applications from the community. Applications for capital-related needs are also sought from human services , agencies, e.g., renovation of office or counseling space, protects to acquirelpreserve affordable housing,etc. Only CDBG funds may be expended on capital protects. After a screening process, the City employs the following three-prong analysis to t determine which programs receive CDBG funding. (1) Does the service or need fall within a City of Kent funding priorityz, (2) Is the service or need an eligible activity, and (3) Does the service or need meet a national objective? The three national objectives are activities benefiting low/moderate-income persons, activities which aid in preventing or eliminating slums or blight, or activities meeting community development needs that have a particular urgency because existing conditions pose a serious and Immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs In 2006, all CDBG funds were used exclusively to meet the national objective of benefiting low/moderate-income persons Priority 1.Those services khrch help meet basic and emergency needs(food,medical care,shelter,and protection from abuse and neglect),Priority 2 Programs which are preventive in nature and promote ahigh degree of self-dependence,and Priority 3 Programs which seek to enhance the quality of life in persons whose basic human needs are already met CITY OF KENT 2006 CAPER -20- Rules governing the CDBG program place a fifteen percent (15%)cap on the amount of funds that may be allocated for public services, the City expended the maximum amount For planning and administration, the City spent 18.9 %of its total CDBG allocation, which is less than the 20% maximum that is allowed tC. PROGRAM OBJECTIVE CHANGES Program objectives were not modified in 2006. D. EFFORTS ASSESSMENT; ONE YEAR ACTION PLAN A majority of CDBG public service funded protects met or exceeded the performance measures required by contract. Table 3A shows the objectives/outcomes for 2006 CDBG- funded protects f 4 ` 1 4 u 1 1 CITY OF'ENT 2006 CAPER -21- TABLE 3A SUMMARYISTATEMENT OF SPECIFIC ANNUAL OBJECTIVES x S- C31 Q E DH-1 Enhance accessibility to CDBG Number of 2006 30 KFD 47 >100% decent housing by households 52 HRP 104 >100%prowdr,o hand cap receiving , accessib bty;terns,and handicap I rehabilitation assistance accessibility _ and health and safety items repairs to low/moderate- -Number of income Kent households households, receiving home repair assistance TO SUITABLE LIVING ENVIRONMENT SL 1 Enhance accessibility CDBG l -Number of 2.006 •14 KKFB •172 >100% to a suitable living households •15 HH 14 93% environment by eceivmg •2Z VCCG •19 86% providing food,shelter, f� ' case •Numberof , •155 •4,800 >100% management/oulreach, households 4 CHCKC medical services,and 19 CHCKC 44 >100% mental health services receiving >100% shelter 551 KYFS -551 KYFS -Number of persons receiving outreach& case management •Numberof persons receiving .,e medical services _ -Number of persons receiving nursing services -Number of persons , receiving mental health services CITY OF KENT 2006 CAPER -22. ATABLE 3A CONTINUED SUSTAINABILITY OF SUITABLE LIVING_ - ENVIRONMENT " c >G ' "tl" ual; ir n e SL-3 Addrass he need t, - CDBG -Number of 2006 -52 MSC -114 >100% sustan a sudaole Irving persons -551 KYFS -551 100% environment and receiving prevent homelessness grants/loans L by providing housing stability gran,,and to lou+lrroderate-income ndwduals ECONOMIC'ACCESSIBIL11TY TO OPPORTUNITY p ��" " ififiriance�' Year, Ex rEOEnhance the CDBG Number of 2006 32 WA 29 91 accessibility of persons CASH `r economic enrolled in ^ opportunity and business promote the training ^;. , " creauor of micro- classes enterprises by providog business ^H trairing Masses E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTYAND HOW RELOCATION WAS ACCOMPLISHED No CDBG or City funds were expended for activities that required relocation actions in 2006 14%� " F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS No economic development activities were undertaken involving the creationfretention of jobs, G. REPORT REGARDING LOAN REPAYMENTS The City did'not use CDBG funds to enter into loans. CONCLUSION The City and its funded programs successfully met the needs of the Kent Community in 2006 The community worked collaboratively to make strategic community investments, leverage resources and to respond to ongoing and emerging human services issues In addition, the City expended a portion of its CDBG funds on capital protects to increase or enhance services to Kent residents. CDBG funds, local funds, and funds from other governmental entities were critical in protecting the safety net in the City and the South King County region CITY OF KENT 2006 CAPER -23- ATTACHMENTA , INFORMATION FROM HUD'S INTEGRATED DISBURSEMENT AND INFORMATION SYSTEM , (IDIS) FOR PROGRAM YEAR 2006 > CDBG Financial Summary-C04PR26 > CDBG Activity Summary Report(GPR)-C04PR03 > Additional reports analyzing the use of funds are available upon request. To request the reports contact the Housing and Human Services Division at 253-856.5070 , 1 1 t t t CITY OF KENT 2006 CAPER -24- ATTACHMENT B COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AND HUMAN SERVICES GENERAL FUND ALLOCATIONS FOR PROGRAM YEAR 2006 City of Kent 2006 CDBG Public Service Allocations 1 Community Health Centers: Medical Services/Health Care for the Homeless $ 46,469 Hospitality House: Women's Shelter = $ 10,000 Kent Food Bank- Emergency Meals Program S 15,366 Multi-Service Center. Housing Stability ;, $ 33,865 ' Valley Cities Counseling &Consultation- Homeless Outreach $ 16,366 TOTAL $ 121,066 2006 CDBG Capital Funding Allocations Cat of Kent: Home Repair Program $374,620 City of Kent Fire Department, Fall Prevention $ 10,000 Kent Youth & Family Services $125,000 Washington CASH $ 15,000 TOTAL: $524,620 ` 2006 Planning and Administration City of Kent. Planning &Administration (20%of $161,422 entitlement TOTAL $1611422 2006 CDBG Funding Summary Public Service $121,066 Capital $524,620 Planning &Administration $161,422 GRAND TOTAL $807,108 City of Kent 2006 CAPER 2006 CDBG Public Services Contingency Plan In the event of an increase in public service funds above the preliminary estimate, the additional6 ' funds will be distributed to Funding Priority 1 or 2, with preference given to Multi-Service Center In the event of a decrease in CDBG public service funds, the decrease will be proportionately distributed among the funded agencies. with no agency receiving less than $10,000 in funding. i 2006 CDBG Capital Contingency Plan In the event additional capital funds are received or recaptured, the additional funds will be distributed to Priority 1 or 2, with preference given to the City of Kent Home Repair Program ' and/or other housing protect. Decrease If there is a decrease in funds, projects will be cut in the'following order: 1. Green River Community Collegea 2. Washington CASH 3. Kent Youth and Family Services 4 City of Kent Home Repair Program 5. City of Kent Fire Department i Green River is funded with 2005 recaptured funds. CITY OF KENT 2006 CAPER -26- 1 City of Kent: 2006 General Fund Allocations ACAP Child & Family Services APPLE Parenting $ 10,000 00 Catholic Community Services Emergency Assistance $ 55,280 00 Catholic Community Services HOME Men's Shelter $ 30,000 00 Catholic Community Services Volunteer Chore Service $ 5,000.00 Center for Career Alternatives Spnngwood Career Development $ 10,000 00 Child Care Resources Child Care Vouchers S 12,675 00 Children's Therapy Center Therapy Assistance „ , $ 28,000.00 Communities In Schools—Kent- Mentoring Program $ 10,000 00 Community Health Center Primary Dental 15,000.00 Community Health Center. Primary Medical .q? $ 58,450 40 Crisis Cynic Telephone Services ,�_ _ ` $� 5,00000 DAWN Community Advocacy & Crisis Line '`'�; , ��� �- $ 10,000 00 DAWN Shelter _ = $ 30,000 00 Emergency Assistance '. '*° 3, $ 25,962 00 Human Services Needs Assessment 30,000,00 Jewish Family Service* Immigrant Refugee Employment " $ 7,50000 Kent Food Bank & Emergency Services- Food Bank $ 36,000 00 Kent Youth & Familv Services: Family Counseling $ 47,082 00 Kent Youth & Family Services: Teen Parent Housing $ 7,500.00 tKing Co Sexual Assault Resource Center Sexual Assault Services $ 20,600 00 Multi-Service Center. HEART $ 9,000.00 Multi-Service Center: Housing $ 40,000 00 Public Health Seattle-King County: Best Beginnings $ 25,000 00 Senior Services of Seattle Volunteer Transportation $ 7,50000 Ukrainian Community Center: Community Advocacy $ 7,500.00 ' Valley Cities Counseling- FWYFS Family Support $ 10,000 00 Valley Cities Counseling, Senior Counseling $ 30,000 00 Valley Cities Counseling. Survivors Support $ 15,000 00 WWEE Economic Self-Sufficiency $ 35,000 00 YWCA Domestic Violence Services Program $ 30,000 00 TOTAL $ 607,087 00 I CITY of KENT 2006 CAPER -27- 1 Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: KING COUNTY DEVELOPMENTAL DISABILITIES GRANT — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the Developmental Disabilities Grant from King County and approve the expenditure of funds in the Day Camp Budget. Adaptive Recreation staff applied for and received an $8,000 grant from King County to assist in funding the Summer Day Camp Program. The funds provide an inclusive day camp experience for children with developmental disabilities. i 3. EXHIBITS: Copy of King County Grant No. D37094D 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budgets Yes No_ X If no: Unbudgeted Expense: Fund 10006230 Amount $8,000.00 Unbudgeted Revenue: Fund 10006230.53407 Amount $8,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 614 i King County Contract No. D37094D Federal Taxpayer ID No. 91-1035999 Department/Division Community and Human Services/Developmental Disabjhties Division Agency tatty of Kent Project Title Developmental Disabilities Division Contract Amount$ 8,000 Fund Code 0107 Contract Period From January 1, 2007 To December 31, 2007 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT -2007 THIS CONTRACT is entered into by KING COUNTY(the "County"),and City of Kent (the"Agency"), whose address is 315 E Meeker Street Kent, WA 98030. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES ' STATE $8,000 01/01/2007 - 12/31/2007 TOTAL $8,000 01/01/2007 - 12/3112007 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 15652, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows- This form is available in alternate formats upon request for persons with disabilities. City of Kent Page 1 of th 2007 Contract i 1. EXHIBITS The Agency shall provide services and comply with the requirements set forth hereinafter and In the following attached exhibits, which are incorporated herein by reference- Certificates of Insurance/Endorsements Attached hereto as Exhibit I General Requirements Attached hereto as Exhibit II Community Service Grant Attached hereto as Exhibit III 11. DURATION OF CONTRACT This Contract shall commence on the 1st day of Janua 2007, and shall terminate on the 31st day of December 2007, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract. 111. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. B The Agency shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports The County shall Initiate authorization for payment to the Agency not more than 30 days after a ' complete and accurate Invoice and all outstanding reports are received and approved. C If the Agency's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County will be relieved of all liability for payment to the Agency of the amounts set forth in said Invoice or any subsequent Invoice. IV. OPERATING BUDGET The Agency shall apply the funds received from the County under this Contract In accordance with the budget, If Included within an Exhibit. The Agency shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories within an Exhibit is expected to exceed ten percent of the total Exhibit budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which compiles with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board Vl. MAINTENANCE OF RECORDS A The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract City of Kent Page 2 of 16 2007 Contract B These records shall be maintained for a period of six years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter40 14, G The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in 'ocatien vnthi,n ten working days of any such relocation. VI I. AUDITS A. The Agency shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. Additional federal and/or state audit or review requirements may be imposed on the County, and the Agency shall be required to comply with any such requirements. Vill. EVALUATIONS AND INSPECTIONS ' A The Agency shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract The County shall give advance notice to the Agency in the case of`iscal audits to be conducted by the County. B The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal,rstate officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. C The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION If the County determines that a breach of contract has occurred,that is,the Agency has failed to comply with any terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply A. The County shall notify the Agency in writing of the nature of the breach; B. The Agency shall respond in writing no later than ten working days following receipt of such notification, which response shall indicate the steps being taken to con ect the specked deficipricies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C The County shall notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Agency's corrective action plan, City of Kent Page 3 of 16 2007 Contract D In the event that the Agency does not respond within the appropriate time with a , corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI.B, E In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that eorrec:,ve action has been taken or completed, and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI Subsections A, B, C, D, and E. X. ASSIGNMENTISUBCONTRACTING A The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the ' County. Said consent shall be sought in writing by the Agency not less than 15 days prior to the date of any proposed assignment or subcontract. B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or , between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract; or (2) supplies XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior ' to the date specified in Section II, by providing the Agency 30 days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event- (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, and/or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination City of Kent Page 4 of 16 2007 Contract Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven days written notice, should the County commit any material breach of this Contract E This Contract may be terminated by the Agency without cause, prior to the date specified by providing the County 90 days advance written notice of the termination The Agency shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party XII. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. Xlil. HOLD HARMLESS AND INDEMNIFICATION A In providing services under this Contract, the Agency is an independent contractor, and neither it nor its officers, agents or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract B. The Agency further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents and/or represer,tatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections C. The Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and%or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract The Agency agrees that City of Kent Page 5 of 16 2007 Contract its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents For this purpose, the agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency D. The County shall protect, defend, indemnify, and hold harmless the Agency, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the industrial Insurance provisions of Title 51 RM. in the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, , book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XViI B. of this Contract, the Agency shall protect, defend, indemnify, and hold harmless the County, its officers, employees and l agents from any and all costs, claims,judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Agency's subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. G. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract XIV. INSURANCE REQUIREMENTS A. ' By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence"form; except that insurance on a "claims made" form may be acceptable with prior County approval City of Kent Page 6 of 16 2007 Contract If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extenc:ed discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an 'occurrence" coverage form By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terns and conditions of the policy(ies) Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as the following 1. General Liability. • Insurance Services Office form number(CG 00 01) covering COMMERCIAL GENERAL LIABILITY 2. Professional Liability: Professional Liandity, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Set-vices", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care 3. Automobile Liability In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage Insurance Services Office form number(CA 00 01) covering BUSINESS AUTO_ COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation ' Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. City of Kent Page 7 of 16 2007 Contract 5 Stop Gap/Employers Liability f Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopoiistic state funds, the protection provided by the"Stop Gap" endorsement to the general liability policy C Minimum Limits of insurance The Agency shall maintain limits no less than, for. 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2 000,000 aggregate limit 2 Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate 3. Automobile Liability, $1,000,000 combined single limit per accident for bodily , injury and property damage Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage 4. Workers' Compensation- Statutory requirements of the state of residency. 5 Stop GaplEmployers Liability. $1,000,000. D. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency E Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions. 1. Liability Policies Except Professional/Errors and Omissions and Workers Compensation a- The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract (CG 2010 11/85 or its' equivalent.) b. The Agency's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents Any insurance and/or self-insurance maintained by the County, its offices, officials, employees or agents shall not contribute with the Agency's insurance or benefit the Agency in any way C. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. City of Kent Page 8 of 16 2007 Contract 2 All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except oy the reduction of the applicable aggregate limit by ctatms paid, until after 45 days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VIi. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the Agency shall, upon notice to that effect from the County, promptly 1 obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. R Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor if the Agency is relying on the insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract then such requirements and documentation shall be subject to all of the requirements stated herein I. Municipal or State Agency Provisions If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in City of Kent Page 9 or 16 2007 Contract the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Codes Chapters 12 16 and 12. 17 are Incorporated herein by reference, and such requirements shall apply to this Contract. B Nondiscrimination in Subcontracting Practices , During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12.17, RCW Chapter 49 60, Titles VI and Vll of the Civil Rights Act of 1964, 42 U.S C 2000(a) et seq., the Americans with Disabilities Act, 42 U.S.C. 12102 et seq., and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents D. Small Business and Minority and Women Business Enterprise Opportunities The County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs. 1, Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses attempting to do business in King County, including MMBEs, on solicitation lists and providing written notice of subcontracting opportunities to these films capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to per mit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract City or Kent Page 10 of 16 2007 Contract ' Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placen-ient of srnail businesses, including M/VVBES 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/\MBEs Contact ONMBE office at 360-753-9693 or on-line through the web site at www.wsdof wa goWom4vbe/. E. Fair Employment Practices County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. F. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents G. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. H. Reporting The Agency shall complete all reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and Iservices offered by the Agency (including any services not subject to this Contract) and has City of Kent Page 11 of 16 2007 Contract evaluated its services, programs and employment practices for corripitance with Section 504 of the Rehabilitation Act of 1973, 29 U S C 701 et seq. as amended t"504"j and the AmenCan Disabitrties Act, 42 U S C_ 12102 et seq. The Agency has completed, attached as an exhibit to this Contract, and incorporated herein by reference a 5041ADA Assurance of Compliance. XVIL SUBCONTRACTS AND PURCHASES A The Agency shall include the above Sections IV, V, VI, ViI, Vill, Xii, XiN, XIV, XV, and XVi, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B. The Agency agrees to include the following language verbatim in every subcontract, j provider agreement, or purchase agreement for services which relate to the subject matter of this Contract "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and%or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XVIIi. CONFLICT OF INTEREST A The Agency agrees to comply with the provisions of KCC Chapter 3 04 Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI and subject the Agency to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Agency agrees, pursuant to KCC 3 04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee The Agency acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C. The Agency acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Agency shall identify, at the time of offer, current or former County employees involved in the pi eparation of proposals or the anticipated performance of work if awarded the Contract Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract After Contract award, the Agency is responsible for notifying the County's project manager of current or former County employees who may become involved in the Contract any time during the term of the Contract City of Kent Page 12 of 16 2007 Contract XIX POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectli under thus Contract shall be used for any partisan political activity or to further the election or defeat of 1 any candidate for public office. XX. EQUIPMENT PURCHASE MAINTENANCE AND OWNERSHIP A The Agency agrees that equipment purchased with Contract funds at a cost of$5.000 per Item or more and identified in an exhibit as reimbursable is upon its purchase or receipt the pioperty of the Agency, County, and/or federal, and/or state government, as specified in the exhibit B. The Agency shall be responsible for all such equipment, including the proper care and maintenance. C. The Agency shall ensure that all such equipment shall be returned to the appropriate government agency, whether federal, state or county, upon written request of the County. D. The Agency shall admit County staff to the Agency's premises for the purpose of marking such property with appropriate government property tags. E. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts)of equipment purchased with Contract identified funds XXI. NOTICES Whenever this Contract requires that notice be provided by one party to another, such notice shall be: A In writing; and B. Directed to the chief executive officer of the Agency and the director of the County department specified on page one of this Contract. Any time,within which a party must take some action, shall be computed from the date that the notice is received by said party, XXII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrighlable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract The foregoing products license shall not apply to existing training materials, consulting aids, checklists,and other materials and documents of the Agency which are modified for use in the performance of this Contract. � l T City of Kent Page 13 of 16 2007 Contract The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of th,s Contract XXtll. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually , agreed upon shall be incorporated by written amendments to this Contract XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. if the cost of recycled paper is more than 15 percent higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXV. ENTIRE CONTRACTMAiVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Contract Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVI. SERVICES PROVIDED iN ACCORDANCE WITH LAW AND RULE AND REGULATION i The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the DSHS and County Agreement on General Terms and Conditions between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in wi iting to the contrary. XXViL CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Conti-act shah be protected from unauthorized disclosure in accordance with applicable slate and federal law City of Kent Page 14 of 16 2007 Contract XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT >� OF 1996iHIPAA} Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164 A. Obligations and Activities of the Agency 1 The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The Agency agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR Part 164, Subpart C. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report all unauthorized or otherwise improper disclosures of protected health information or security incident, to the County within two days of the Agency's knowledge of such event. 5 The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information 6 The Agency agrees to make available protected health information in accordance with 45 CFR § 164 524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164 526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County compliance with the privacy rule 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164 528. B Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, Icing County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minnnnum necessary policies and procedures of King County, City 01 Kent Page 15 of 16 2007 Contract C Effect of TerminaWn 1, Except as provided in paragraph C 2 of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health infotmation received from King County, or created or received by the Agency on behaif of King County This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency The Agency shall retain no copies of the protected health information 2. In the event the Agency determines that returning or destroy,ny me protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY CITY OF KENT _- FOR King C Execu ignat re Date NAME (Please type or pant) 174 n o Date Approved by DCHS Director i Approved as to Form- t OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY September 26, 2006 City of Kent Page 16 of 16 2007 Contract CAIIIUit ��1 1 Insurance Authority p,o Box 1165 �4�E1VEQ 2QD� Renton,WA 98057 °iS UrJ 03-Apr-02 Crrt#: 2627 Plionc 425-277-7237 King County DDD Attn- Holly Bell Fri 425-277-7292 821 Second Ave.,Suite 400 Seattle,WA 98104-1519 RF' City of lent Grant for Recreation Services for 2002 Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA),which is a self insured pool of over 103 municipal corporations in the State of Washington. WCIA has at least Sl million peroccurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member WCIA is an Interlocal Agreement anion.-municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insuiance company,your oigamzation cannot be named as an"additional msuied' Sincerely Fnc B Larson Assistant Director cc: Christopher Hills Janet Hasselblad,Kent Parks&Rec. clettcr City of Kent Page 1 of 1 2007 Contract-Exh I EXHIBIT It CITY OF KENT GENERAL REQUIREMENTS — PROJECTS 1. GENERAL REQUIREMENTS A. Agency Administration 1. The Agency shall have current organizational charts describing administrative lines of authority and containing the position tales of program staff 2 The Agency shall maintain a job description for each position within the organization, detailing duties, responsibilities and necessary qualifications. 3. The Agency shall have a written statement describing the mission of the organization 4. Appropriate Agency representatives shall participate in meetings scheduled by the County concerning County or state requirements 5. The Agency shall have on file all appropriate certificates and licenses in order for the Agency to operate as required by federal, state, or local law, rule or regulation 6. The Agency shall develop a process to involve participants in policy development and document the impact this has had on the program. B. Individual Human and Civil Rights Protection 1. The Agency shall protect individual human and civil rights by its actions and by having at a minirnum of the following requirements: a. A grievance process for participants which includes the following elements: i. Is explained to participants and, if necessary, to a family member, legal representative or advocate; ii. Ensures that conflicts are negotiated; iii. Provides a mediation process using someone who is unaffected by the outcome if conflicts remain unresolved, and iv, Ensures that advocates are available and participants are encouraged to bring advocates to help negotiate b. The implementation of policy and procedures to ensure the protection of participants from exploitation, neglect and abuse while receiving services. i. Complying with Washington State law requiring background checks on all employees and volunteers providing direct service City of Kent Rage 1 of 6 2007 Contract-Exh it to persons with development disabilities pursuant to RCW 43 43 830—RCW 43 43 845, RCW 74A 5 030 and Washington Administrative Code (WAC) 388-06 The criminal background check shall be completed prior to any employee or volunteer having unsupervised access to participants, except as provided for in WAC 388-06-0500—WAC 388-06-0540, which allow the Agency, for any new hire for whom the results of the Federal Bureau of Investigation (FBI) background check is pending, a 120 day provisional hire. 11. Retaining copies of completed and current background inquiries on each employee and volunteer Criminal history background checks performed by DSHS/DDD expire in three years and Washington State Patrol checks expire in two years from the date the check was made Either background check is acceptable. C. The implementation of policies and procedures for Mandated Reporters, which includes all staff and volunteers, in accordance with RCW 74.34 and DSHS/DDD Policy 5.13 Protection from Abuse 1. Report any suspected instance of physical, sexual or mental abuse, abandonment, neglect or exploitation to local law enforcement and Children's Protective Services or Adult Protective Services, as appropriate. ii. Immediately report suspicion of abuse, abandonment, neglect or financial exploitation that did not occur during the course of receiving services. ill. Immediately call 911 for any suspected physical or sexual abuse, or a potential life threatening situation iv. Ensure that all staff and volunteers are aware of the special statewide phone numbers for mandated reporters d. The implementation of policy and procedures for staff training to ensure intervention in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. i. if the Agency serves children, it shall implement a policy to include the prohibition of any form of corporal punishment which 1 includes biting,jeiking, shaking, spanking, slapping, hitting, kicking or any other means of inflicting physical pain to the child being served. This policy shall be followed by procedure outlining appropriate staff interventions in the most dignified, age-appropriate manner necessary in all situations, including instances when a participant's behavior jeopardizes the safety of him/herself or others or the behavior significantly disrupts program operations. City of Kent Page 2 of 6 2007 Contract-Exh 11 ti All interventions shall meet the requirements of DSHS;DDD Policies 5 14, Positive Behavioral Supports, 5 15 Use of Resirictive Procedures, and 5 17 rhysical/Manual Intervention Techniques issued under authority of RCW 71.A. e- The implementation of policy and procedures to ensure respectful staff to participant interactions and uphold client rights in accordance with DIDHS/DDD Policy 5 06 Client Rights In additjon, the Agency snail enforce policies which include disciplinary consequences for staff members for violation of civil rights. f. The implementation of policy and procedures to ensure client confidentiality of records, including the provision of release of information and an employee oath of confidentiality in accordance with WAC 388.01 and DSHSfDDD Policy 13.01, Public Disclosure of Records and Safeguarding of Confidential Information, and Section XXVVI of the Standard Contract, Compliance with the Health Insurance t1 Portability and Accountability Act (HIPAA) of 1996. This policy shall also i incorporate the obligation of information sharing under RCW 26.44.030(7). g. The implementation of policy and procedures to ensure each client who is receiving the service and/or family or advocate, as appropriate, an orientation or other informational meeting in which the following are explained- 1. Participant rights; ii. Grievance/complaint procedures; iii. What services and benefits may be expected from the program, and the program's expectations of them; and iv. A written document explaining all of the above. h. The implementation of policy and procedures to ensure compiiance with the DSHS/Washington Protection and Advocacy System (WPAS) Access Agreement of 2000 and DSHS(DDD Policy 13 04 WPAS Access to Client Records Maintained by DDD The Agency shall notify King County Developmental Disabilities Division (KCDDD) within three j working days, of any request from WPAS to access its programs, records or clients i The implementation of policy and procedures for staff to receive appropriate health and safety training. t. The maintenance of documentation that indicates all staff is trained in the implementation of items above. Links to all RCWs, WACs and policy references may be found at the DDD website ham-//wwwl.dshs wa.gov/ddd/counties shtmi. 2. The Agency retains the right to turndown new referrals The Agency also retains the right to terminate services to individuals for cause. City of Kent Page 3 of 6 2007 Contract-Exh 11 a The Agencv shall have written policies which reflect their referral acceptance policies and termination policies. b The policies shall describe reasons which may lead to rejection of a referral or termination of current service to an individual. C. The policies shall contain procedures for appeal on behalf of existing or potential clients d. Upon termination from services, the Agency shall notify the participant's DDD Case Resource Manager. C. Service Delivery 1. Services purchased by the County are restricted to King County residents who have been declared eligible by the State DDD Field Services in accordance with WAC 388 2. Services and program models shall be consistent with the values and principles of integration and increased independence, The County Guidelines, and the authorized service being purchased by the County. 3. Documentation of service delivery shall be maintained in a manner consistent with professional standards and in a way that an outside examiner can follow the activities and services provided from the written record. 4. The Agency shall cooperate with DDD Region 4 Field Services and the County in any efforts to increase access to services for communities of color and to deliver services in a culturally and linguistically appropriate manner. 5 The Agency shall respect and support the linguistic and cultural ties of the individual and their family in the delivery of services. 6 The Agency shall coordinate services and resources, as appropriate, to meet the needs of individuals served by the Agency in order to complement and maximize available resources II. SPECIAL PAYMENT PROVISIONS —TEMPORARY CLOSURES OF PROGRAMS In order to qualify for reimbursement for any closure due to natural causes, disasters or other conditions beyond the provider's control, the Agency shall demonstrate that the closure was because of weather conditions or other natural causes necessitating the closure of the public schools in the Agency's catchment area Itl. REPORTING AND EVALUATION REQUIREMENTS A Reimbursement Request Forms are due on or before the tenth working day after the close of the calendar month in which the services were delivered. However, the reports for the months of June and December are due on or before the fourth working day of the following month City of Kent Page 4 of 6 2007 Contract-Exh 11 B. Reimbursement Request Forms shall be submitted according to the process and format specified by the County The Agency shall review the documents for accuracy and completeness prior to subrnilting them to the County C. The Agency shall report any Injury or accident, which requires more than simple first aid, and any extraordinary Incident that requires intervention by the Agency, to the DDD Case resource Manager for the individual involved and to the County developmental Disabilities Division Program Manager. This includes serious physical or emotional harm or potential harm 1. The initial report may be completed through documented telephone calls to the County Program Manager and the DDD Case Resource Manager 2 The Agency shall submit a written follow-up report within ten days to the County Program Manager and to the DDD Case Resource Manager. 3 Serious and emergent incidents shall be handled in accordance with DSHS/DDD Policy 12.01 Incident Management. D. if the Agency is providing direct services to an individual and/or family, a file shall be maintained for services billed to King County containing current medical information (medications, diet, allergies, etc.) needed during the hours of service. E. The Agency's attendance records and/or service delivery records shall document all services billed to King County F. The Agency shall submit, when required by the County, Corrective Action Plans and Corrective Action Reports in accordance with time frames established by the County. All corrective actions must be implemented within one year of the monitors visit G. Revenue, Expenditure, and Accounting Reports 1 The Agency agrees to cooperate wrth�the County should revenue and expenditure information be required by the County in the future, and/or if the County seeks financial data related to specific service delivery costs. 2. The Agency shall include by insertion or attachment the following certification in its monthly invoice, with signature and date signed by Agency Director or designee i Vendor's Certificate I hereby certify under penalty of perjury that the items and total listed herein are proper charges for materials, merchandise or services furnished to King County, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, mantal status, race, creed, color, national origin, handicap, religion, sexual orientation, or Vietnam era or disabled veteran status. By: Date: _ 3. Final Billing The Agency shall submit final billings for services provided during the period January 1, 2007 through June 30, 2007, including retroactive adjustments by July 8, 2007, to meet the State of Washington fiscal year-end close-out. The Agency shall submit final billings for services provided during the period July 1, City of Kent Page 5 of 6 2007 Contract-Exh 11 2007 through December 31, 2007, including retroactive adjustments by January 7, 2008, to meet the King County fiscal year-end close-out for 2007 Should the Agency not provide the Invoices by these deadline dates, the County shall be relieved of all liability for payment of amounts billed in said or in any subsequent invoice monthly reimbursement. City of Kent Page 6 of 6 2007 Contract-Exh 11 EXHIBIT III CITY OF KENT COMMUNITY SERVICE GRANT (CSG) 1. WORK STATEMENT The Agency shall provide services to enrolled padicipants in accordance with the terms and conditions described hereinafter and in accordance with Exhibit 11, General Requirements. The total amount of reimbursement pursuant to this Exhibit shall not exceed . 8 000 from State and/or County Funds for the Exhibit period January 1, 2007 through December 31, 2007 Of this amount $4,000 are only for services rendered January 1, 2007 through June 30, 2007 The remaining amount of$4,000 shall be available only for services rendered July 1, 2007 through December 31, 2007. Funds reserved for services in the first half of 2007 shall not be used for services delivered in the second half of 2007. Ill. PROGRAM DESCRIPTION A. Goal 1 . To assure supportive relationships within families, neighborhoods, and communities. 2. To promote and support community opportunities for individuals with developmental disabilities who reside with their families or on their own- B. Objectives 1. To promote inclusion of persons with developmental disabilities in their communities. 2. To address the diverse needs of communities of color, including immigrantfrefugee communities and limited or non-English speaking communities. 3. To promote programs which provide information, education and support for families and individuals with developmental disabilities. 4. To promote community collaboration. C. Eligibility 1 . Services funded by this Exhibit shall be provided to assist individuals with developmental disabilities as defined in Exhibit 11, General Requirements, Section I D , Service Delivery, 1 and 2. 2. Eligible participants are individuals who live: a With their families; b. On their own, with or without the support of Medicaid Personal Care; or c On their own with five hours or less of support from a state-contracted Supportive Living Agency. City of Kent Page 1 of 2 2007 Contract-Exh III i D Program Requirements The Agency shall comply with the following: i. Develop and implement community-based service projects that benefit individuals with developmental disabilities and their families as staled in Attachment A, Community Service Grant 2007 Contract Project Data Sheet; 2. Facilitate the use of generic community resources; 3. Build community partnerships within and outside of the developmental disabilities system; 4. Address the diverse needs of communities of color including immigrant/refugee communities and limited or non-English speaking communities, and 5 Administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. Ill. COMPENSATION AND METHOD OF PAYMENT A The billing invoice and other required reporting documents serve as the Agency's invoice to the County for services rendered. The County may, at its option, withhold reimbursement for any months for which the required reports have not been received or are not accurate and/or complete B. The Agency shall complete a reimbursement request form in a format provided or approved by the County when billing for actual allowable expenditures and services rendered under this contract. IV. REPORTING AND EVALUATION REQUIREMENTS A. The Agency shall submit with each billing a brief progress report on the activities identified in the project B. For the purposes of this contract, the Agency shall administer a survey to evaluate whether the activities are meeting the needs of individuals with developmental disabilities and their families. A report summarizing the results shall be submitted no later than with the December 31, 2007 billing City of Kent Page 2 of 2 2007 Contract-Exti Ill ATTACE MEHT 4 Community Services Grant 2007 Contract Project Data Sheet January— December 2007 1, Project Name Camp W.A. L K.A.P A.L.A. 2. Name of Agency/Organization- City of Kent, Kent Parks, Recreation and Community Services 3. Date project (services) will begin June 2007 (Cannot be earlier than January 1, 2007) 4. Date project(services) will end: August 2007 (Cannot be later than December 31, 2007) 5. Project goals: Provide inclusive day camp experience for children with developmental delays i ages 6 — 12. We will serve a minimum of 10 campers per session, or a total of 60 campers during 6 weeklong sessions. 6. Billing Method: (For example: Per event, per program, per participant) Per session. There are six weeks of day camp and participants sign up for one or more weeks. 7. Population Served: ❑ Adults Only ® Children Only ❑ Both Adults and Children 8. What area(s) of the County will the project serve? City of Kent, South King County 9. Use of Funds: Funds will be used for salaries for day camp staff and training for all day camp staff prior to the start of camp. 10, Project Description (Limit your response to one page or less)- The City of Kent Parks, Recreation and Community Services will offer six, week-long day camp for children ages 6 — 12. Camp W.A L K A P A L.A provides 120 campers a summer of fun with a full range of activities from games, outings, visiting clowns, sports, arts and crafts and more. The Adaptive Recreation program provides children with developmental disabilities an opportunity to participate at Camp MA L K.A_P A.L.A alongside their typically developing peers. We provide a high ratio of staff to campers to make full inclusion possible. With approximately three campers to one staff the children are able to join in on every activity provided. it is costly to offer this high ratio of staff to camper and grant funding enables us to accomplish this while keeping camp fees at an affordable level Training for all day camp staff on issues related to various disabilities will also be provided in order to make full inclusion and safety possible. 1 City of Kent Page 1 of 1 2007 Contract-Exh HrAtt A Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: KENT PARKS FOUNDATION DONATION FOR CAROUSEL— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the $48,000 donation from the Kent Parks Foundation in support the Carousel purchase, and approve the expenditure of funds in the Town Square Park Budget In 2006, Council approved the purchase of a 1940's classic Venetian style carousel designed by the famous Bertazzon Carousel Company of Italy. At that time, the Kent Parks Foundation pledged$48,000 to assist in the purchase price of the carousel The public was invited to purchase the "naming rights' for the carousel and individual carousel horses These funds, along with budgeted capital funds and donations from other sources, supported the purchase of the carousel The Carousel will reside primarily at the new Town Square Park located at the Municipal Lot It will be used during the holiday season and will also be available throughout the year for fund raising events Rental fees, user fees and donations paid by riders will cover set up, take down, and maintenance of the carousel 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20059 Amount $48,000.00 Unbudgeted Revenue: Fund 20059 56718 Amount $48,000.00 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 61 V d O �' In U-) Q U2 a 0 (D o � N I @ N CL G O O C' _N O U W N p Y oim c 1 IIn 1� � N N Q O 4 ! v yiL 0 (]l o A G } O I C D � N Q dIQ J C� � a b � rJ N of o o' o oio o d ujch i m,(D � m m O ~ 10- o C n n n C N3 O) m A, p O O cV � a LO J IY C7 Q I Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: KING CONSERVATION DISTRICT GRANT FOR SERVICE CLUB PARK PLANTINGS — ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the King Conservation District Number 9 Grant of$11,339 91 to fund the Service Club Ballfield Project and approve the expenditure of funds in the Service Club Ballfield budget. Staff submitted a grant request to the King Conservation District Reimbursable Grant funds on October 22, 2005. The grant request was approved by the King Conservation District Board on March 10, 2006 The funds were used to plant native trees and shrubs adjacent to the three retention ponds and the perimeter of Service Club Park. This work was completed by Park staff and volunteers during Make a Difference Day, October 2005, and Arbor Day, April 2006, volunteer events 3. EXHIBITS: King Conservation District Notification Letter and Agreement 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 P20024 Amount $11,339.91 Unbudgeted Revenue: Fund 20024 43806 Amount $11,339 91 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J I( D King Conscrvntion District 9t_ rm, v I I \�"nile'IW,Sic P•I:uihn1 1;-1.1'hnnr(218,)7W-;a lU. 1,iv('_h(,)-iA-Oi,77.1 -mad di,lu,l0411r;uf oi;, January 17, 2007 Shane Gilbertson City of Kent Parks 220.}a, Aye S Kent, WA 98032-5895 Deai Mr. Gtlberston, Enclosed aie two copies of an Agreement for award of a King Conservation Drstilct Member hursdlctron & GVRIA Forum Grant for the Service Club SallfieldsRetentwn Pond Planting piolect Tlits grant Is funded with King Conservation DrstrictSpecial Assessment funds awarded to the City of Kent After obtauuuug signatures from City of Kent representatives, return both copies of the Agreement to me. I will obtain the required signatures from King Conservation District representatives and forward a signed original for your recoi ds At that time, 1 w-rll altio forward a check for the amount of the grant at-tald I am available to answer anv questions you rnav have Please do not hesitate to contact me Srncei elv, �( le's,aca T alge 11,11tsd ICIRM & WTZTA Grants Program 1"nC15)s L(I CS(2) K( 1) Rel K( 1)Ref-07-009 Ken! Sei%iLc( tub 13;tllficl ]s Agicennnt AGREEMENT FOR AWARD OF KING CONSERNIATION DiS7'RIC"I' Ml'iN] 3ER .iURISDICTION GRANT City of Kent This Agreement is made between the King Conservation District Number 9, a nuniicipal corporation in King County, Washington, located at 935 Powell Ave SW, Renton, WA 98055 (referred to herein as "District"), and the City of Kent, a muicipal corporation in King County, Washington, located at 220 4°i Avenue South, Kent Washington 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89 08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, whicli activities are declared to be of special benefit to lands. and 1.2 Whereas, pursuant to RCW 89.08 400, King County has authorized and imposed a systera of assessments to finance the activities and programs of the District, and 1.3 Whereas, pursuant to RCW 89 08 220, RCW 89.08.341 and/or Chapter 39 34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, to older to early out and facilitate the actrvities and programs of the District to conserve natural resources and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and leas determined that the application meets the requirements of Chapter 89 08 RCW and the District's policies and procedures ror awarding ;rants, and 1 5 Whereas, the District and Recipient desire to enter into this Agreement for the Purpose of establishing the (elms and conditions relating to [lie District's award of a grant to Recipient SECTION 2. AGREEMENT 2.1 The Disti ict agices to award Recipient a giant in the total amount of Eleven thousand three hundred thir(y-nine dolkiis and ninety-onc Cents i,Sl 1.339 01) Grant hinds shall be used by Recipient Solcly Ru the perlurnianc� ofthc \votk desciibcd in Exhibit A which is machcd hereto and uicorpowicd heicin by this reference The District shall pay the giant finals to Recipient rn 1 accordance with the District's standard procedures, provided thm such funds have been collected and received by the 1-)rtitict 1 ` 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in E-thibit A, which may he amended by the parties pursuant to Paragiaph 3 3 of the Agreement. Recipient shall be requited to refund to the District that portion of any grant funds which ate used for umauthou7ed work Flnther, Recipient agrees to icturn to the Distiut any grant fluids that are not expended or remain after completion of the work covered by this Agreement 23 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries The following municipal entities ate not within the District's jurisdictional boundaries Enumclaw, Federal Way, j Milton, Pacific, and Skykomish Recipient shall be required to refund to the District that portion of j any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any want funds which are used for unauthorized purposes 2 5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shalt be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in confomnance with this Agieement widen thirty (')0) days after the completion of the work The final ieport shall, among other- things, sumnimize the piQject's successes and shall address the regional benefits accomplished by the work The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarduig ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the Distuct with additional Financial or progress ieports from time to time, at reasonable intervals. 26 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting iecoids if requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in wluch project expendituies are tracked and accounted foi in Recipient's accounting books and iecords Recipient shall maintain such iecoids of c'vperi0itmes as may I)c necessu_y to conform to generally accepted accounting principals and to meet the requucments of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Repotting Systcm for the Slate of WashinOton ("BARS")_ -2 - R The Disuict or its iepicscnlative shall have the right front time to time, at reasonable intervals, to audit the Rceipient's books and records in order to veufy compliance with the lernms of this Agi cement Recipient shall coopciate with the District in any such audit Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that a]I work performed by Recipient or its employees, agents, contractors or subcontractors is peiformed in a manner which protects and safeguards the environment and natural resources and which is In compliance with local, state and federal laws and regulations Recipient shall implement an appropriate monitoring system or program to ensute �j compliance with this provision 2 11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to pioperty allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement_ 2 12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3 1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and then respective successors and assigns. 3 ' This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which ate not embodied in this Agi cement shall be of my foice or effect 3 3 No amendment to this Agreement shill be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the patties The patties contemplate that this :agreement may 1-rom time to time be modified by wutten amendment which shall be executed by duly author iced representatives of the parties and attached to this Agieement 3.4 Each patty wat rants and represents that such party has frill and complete authority to cntcr into this Agiccnrcnl .Ind etch person c\ccuiin- this n-iccmcnt On hchalfol'a ii<irty��,ui.uits and iepiesciit�; 0),t lie,she his hcen Billy aut lot ved to execute this A-iccmcnt on behalf of such pal I .ind thtit such pai ty is bound by the Sig] atui a of such IcpresentatIve DISTRICT: RECIPIENT: By— By Name Name Title_ Title Date Date Approved as to Fomi: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By By ;Name �+ � c � � t ,��1�'C�t Name Date l t (1 7 Date i i King Conseivation District 1 Municipality Noncompetitive Grant Applic.-ition TC oject Name: Ser%ice Club Ralllields Contact: Shane Gilbertson teutiou Pond Planting. A IPlicant: City of Kent Parks Title: Project Manager Principal Partners (if any): Address: 220 4"'Ave S Kent,WA 98032-5895 Total Project Cost: $17,664 91 Pltone: 253 856-5115 KCD Funding Requested: $11,339 91 Far: 253 856-6050 Project Stai t Date: 10-22-05 E-mail: s ilbei tson&i.kent wa.us Project End Date. 10-22-05 1. Brief Project Description (—200 words): Volunteer labor will be utilized to conduct a demonstration project at a storm water retention pond that accelerates the succession process by planting native trees and shrubs over a multi-year period The goal of the project is to provide a naturalized storm water retention pond that provides wildlife habitat value and function of a forested wetland and restoration of habitat lost due to adjacent developments 0-r goal is to achieve a landscape that is eacy to maintain and aesthetic instead of an eyesore. A typical storm water pond has invasive plants, grasses and a few trees, it is challenging to maintain, and has little habitat 3 or aesthetic value. 2. Project Objectives(Citing specific paragraphs and subtexts,provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria outlined in the Policy and Procedu►e OSeiview): One objective of the pio_lect is to enhance wildlife habitat in urban areas The project meets criteria in RCW 89 08 46 2 a because it i estor es native iN ildhfe habitat around atypical storm water retention pond, no soil will be removed, and low-maintenance native vegetation will be planted The project meets the goal of the State of Washington In 89 08.450 to"...i estore the nattual resources of the state. Strategic Plan Initiative Promoting Natural Habitat Protection and restoration (lib)This project restores native plant habitat and wildlife habitat in the Kent urban area 3. Project Activities and Measurable Residts: Native Tree and Shrub purchase: Approximately 238 native trees and 1326 native shrubs have been purchased and planted by 4olunteers and City of Kent staff, and will be thiiving one year Native Tree and Shrub planting City of Kent,and volunteers have planted the trees and shrubs in the tall to fake advantage of winter moisture to get established Aflei thi ee(3)years staff will not need to water initial plantings. Native Tree and Shrub Measurable Results: Within three(3)years native plants have matured and proven effective in out competing invasive plants, and i�ill provide habitat value Three to fire(3-5) years after initial planting, typical under story native ground covers and shrubs will be planlcd and grasses removed. Within seven (7) years, a typical retention pond will be"naturalized". King Conservation District 2 Municipality Noncompetitive Grant Application 4. Budget Expenses Budget Item KCD Other Other Total Funds Funds Funds Vohmteer ("Fccify) i_,;i L'�or Salaries and Benefits $6,325.00 $6,325 00 575 Hours Travel;Meals/Mileage Office/Field Supplies Contracted/Professional Services Land Acquisition Permits Other t oiuhrnoiit $11,339.91 $11,339.91 N" r L. ' "a1Ll �1.1417q L TOTAL $11,339.91 $6325.00 $17,664.91 S. Describe how KCD funding will be acknoii ledged over the duration of the project. 1. In the quarterly brochure following planting and the grant award, the grant and project will be described. 2 Funding assistance will be acknowledged on the City of Kent's web site. Authorized Signature Date Kent City Council Meeting Date March 6. 2007 Category Consent Calendar 1. SUBJECT: CORROSION CONTROL DESIGN CONSULTING CONTRACT, GUIBERSON RESERVOIR — AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign a consultant services agreement with Kennedy Jenks Consultants in an amount not to exceed$193,370, upon concurrence of the language therein by the City Attorney and Public Works Director In order to maintain compliance with the Lead and Copper Rule, the City is required to construct a pH adjustment facility at the Guiberson Reservoir. The unique engineering disciplines (Structural and Water Quality) required to design this facility are not present with in-house staff. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue- Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6K PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Phone 253-856-5500 WASH ,GTOM Fax. 253-856 6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 20, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date February 2-6, 2007 From: Dave Brock, Utility Engineer Through: Larry Blanchard, Public Works Director E...A.A Subject: Consultant Services Agreement with Kennedy Jenks Consultants for Design of the Guiberson Reservoir pH adjustment facility. ITEM 2 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the Consultant Services Agreement for the Guiberson Reservoir PH Adjustment Facility Project in the amount of $193,370, 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: Lead and Copper Rule (LCR) portion of the Federal Safe Drinking Water Act ' Background/History: ` In 1991, the United States Environmental Protection Agency (EPA) promulgated the Lead and Copper Rule (LCR) as required by the Safe Drinking Water Act. The LCR established Maximum Contaminant Level (MCL) goals of zero for lead and 1.3 mg/1 for copper. The LCR required water purveyors to collect tap water samples from residences most likely to contain elevated lead and copper in the drinking water. In most cases, elevated lead and copper concentrations in drinking water are due to corrosion of household plumbing by the water supply. In 1993, Kent collected tap water samples as required by the LCR. Kent's 901h percentile copper level of 3.4 mg/I exceeded the 90'h percentile 1.3 mg/I Action Level established by the LCR. Lead levels in the Kent system were below the Action Level and not a concern. The water corrosivity towards copper plumbing and brass fixtures is largely due to the water's low pH (acidity). As a result of exceeding the copper Action Level, Kent was required to conduct a corrosion control study to determine how best to lower the copper levels at the customer's taps. The study recommended raising the pH of the East Hill Well, Clark Springs, and Kent Springs supplies. U 1PWCommatw14 mPagel?007102207 doePage I off Kent completed construction of pH adjustment facilities utilizing sodium hydroxide for the East Hill Well and Clark Springs supplies in 2003. An aeration system was installed within the Guiberson Reservoir to treat the Kent Springs supply. With the near future introduction of surface water from the Green River, via the Tacoma Second Supply Project, into Kent`s groundwater system, in 2004 Kent obtained the services of HDR to perform a blending analysis. The reason for the blending analysis is because water quality characteristics of surface water deviate considerably from that of ground water. The analysis revealed the current aeration treatment at the Guiberson Reservoir would not be sufficient to raise the pH of the blended water for Kent to maintain compliance with the LCR. The recommendation of HDR was to construct a pH adjustment facility utilizing sodium hydroxide similar to those facilities Kent previously constructed for the East Hill Well and Clark Springs supplies. The unique engineering disciplines (Structural and Water Quality) required to design this facility are not present with in-house staff. Therefore, staff has recently completed negotiating a scope of work and budget ($193,370) with Kennedy Jenks Consultants (KJC) for the design of the water treatment facility for the Guiberson Reservoir. Summary: ' To maintain compliance with the Lead and Copper Rule, the City is required to construct a pH adjustment facility at the Guiberson Reservoir. The PW Department is seeking authorization for the Mayor to sign a Consultant Services Contract with Kennedy Jenks Consultants in the amount of $193,370. Funds have been allocated for this project from the Water Utility Fund. Recommendations: Recommend authorization for the Mayor to sign the Consultant Services Agreement for the Guiberson Reservoir pH Adjustment Facility Project in the amount of $193,370, upon concurrence of the language therein by the City Attorney and Public Works Director. t U IPWC6mmatmUcl,.Page17007W207,1 cft¢ of 2 1 • KENT WASMINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Kennedy/Jenks Consultants ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kennedy/Jenks Consultants organized under the laws of the State of Washington, located and doing business at 32001 32nd Ave_ S , Suite 100, Federal Way, WA 98001, Phone: (253) 874- ' 0555/Fax: (253) 952-3435, Contact: Milt Larsen(hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: 1 The Consultant shall provide preliminary design, design, and permit assistance for the Guiberson Corrosion Control Facilities. 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. IL 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 One Hundred Ninety Three Thousand, Three Hundred Seventy Dollars ($193,370.00) for the services described in this Agreement. This is the maximum amount to be paid wider 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- 1 (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 tenmination, 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 eomlection 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. ' VIIL 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 ' (Omer$I0,000) 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. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City ands hall b e subject to the City's general r i ght o f ' 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. 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. t CONSULTANT SERVICES AGREEMENT-3 (Over$L 0,000) 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 drily 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 fixture 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: ' (srgnnture) (srgnatur e) Print Name: Print Name: Suzette Cooke Its Its MMor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: , CONSULTANT: CITY OF KENT: Milt Larsen Larry R. Blanchard Kemiedy/Jenks Consultants City of Kent ' 32001 32nd Ave. S., Suite 100 220 Fourth Avenue South Federal Way, WA 98001 Kent, WA 98032 (253) 874-0555 (telephone) (253) 856-5500(telephone) ' (253) 952-3435 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department KennedyMenks-GmbersonBroek CONSULTANT SERVICES AGREEMENT-4 , (Over S10,000) DECLARATION 1 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 terunation for all or part of the Agreement; 1 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 1 employees and subcontractors indicating commitment as an equal opportunity employer. 1 4. During the time of the Agreement 1, 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- 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 affinnative 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. , i i 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. iI declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent 1 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_ 1 By. For: ' Title: Date: 1 ' EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A City of Kent Guiberson Corrosion Control Facilities Preliminary Design, Design, and Permit Assistance ' Scope of Services Phase 1 — Project Management and QAfQC Assumptions: 1. The budget is based on the completion of the preliminary design and design in 2007 given the anticipated progression of the work. Consultant Services: 1. Prepare a project memorandum to be issued to project team members that describes ' the project and provides background information for the referenced project, City contacts, outlines the scope of services, summarizes the protect deliverables, identify ' project team members' responsibilities and budgets, QC requirements, project budget and project schedule. 2. Prepare and execute subcontracts with the landscape, geotechnical, and structural ' subconsultants. 3. Track project costs and schedule. Prepare monthly invoices. 4. Maintain communications with the City's project manager on the progress of the project and key decisions. ' 5. Coordinate and manage the work. 6. Provide QC review of deliverables by a senior level reviewer that are not involved in the ' project on a day to day basis. Deliverables 1. Monthly invoices Phase 2—Preliminary Design ' Preliminary Design Assumptions 1. Two meetings are budgeted for in the preliminary design (half-day, 2 people each)— kickoff meeting and a workshop to review the draft report. Note, a pre-application meeting with the City Building Department will occur early in the project and is scoped as part of Phase 4— Permit Assistance 1 r�xumeKzM See t:4Y a1,L'z1eCSF.�CV�`K"eN'd mrsxr Cam!-.hGedrssm.Cmros�;�.� ySmae[C-i gym: ' 2. The preliminary design report will be in a technical memorandum style. 3. The corrosion control facilities will consist of a single structure located on City owned ' property near Guiberson Reservoir and aeration improvements inside Guiberson Reservoir Minor modifications will be required to the transmission main from Guiberson adjacent to the corrosion control building. The modifications will consist of a flow measurement/chemical injection vault, sample vault, and approximately 20 feet of new transmission main. ' 4. The Guiberson Reservoir aeration improvements will consist of the modifications designed by Kennedy!Jenks Consultants in 2001 to convey and treat 6,950 gpm. It is assumed that it will not be necessary to provide an updated corrosion control recommendation report for Guiberson Reservoir. Consultant Services 1. Prepare the agenda and attend a kickoff meeting with the City's staff. The meeting will elicit input from the City on materials and equipment preferences. ' 2. Prepare a Preliminary Design Report covering the following: Define anticipated flows and water quality at Guiberson Reservoir. ' . Define treated water quality objectives. 1 • Determine chemical storage and dosage requirements. • Determine equipment and piping materials requirements. • Conduct a code check to determine building, fire, mechanical, plumbing, and electrical code requirements. • Develop a preliminary opinion of probable construction cost. ' 3. Conduct a geotechnical investigation of the proposed corrosion control facility site. City Responsibilities I1. Provide water quality and hydraulic flow data for the flows to be treated. 2. (attend and participate in the kickoff meeting and preliminary design workshop. ' 3. Excavate and refill up to four test pits for the geotechnical investigation. The City will require two weeks notification for this task. The Consultant will provide the City with desired locations of the test pits. 4. Prepare a topographic survey of the corrosion control facility site (1 foot contours) and ' the abutting roadway locating existing utilities, and significant topographic features including trees. The survey shall indicate the relevant tree survey data required by the City (precise location of trees that are 6 inches caliper or larger at 3 feet above grade, location of drip line of each tree, caliper size of each tree at 3 feet above grade, common 2 C Axi»wn�xul xs;v k=m1T.,rr�p,rr.Y�nkeia�.Ccrta un`ort•N,olxasm.�.rora<mrtimva'a;^rf 76.e`I dot tree name). Survey shall locate all driveways within 300 feet of the site along with the ' other physical features, easements and right-of-ways required by the City's Pre- Application Conference Submittal Requirements Checklist The City will pothole existing ' utilities if determined to be necessary. The survey will be provided to Kennedy/Jenks Consultants in AutoCAD 2000 (or more recent) format 5. Review draft Preliminary Design Report and provide a single set of coordinated review comments. 6. Submit the Preliminary Design Report to WSDOH. , 7. Obtain an extension of the WSDOH approval of the Guiberson Reservoir Corrosion Control Report if necessary Deliverables 1. Six draft copies of the Preliminary Design Report stamped by a professional engineer. ' 2. Six copies of the Preliminary Design Report incorporating the City's review comments , stamped by a professional engineer. Phase 3 - Design Design Budget Assumptions 1. The sodium hydroxide feed facility and Guiberson aeration improvements will be bid as a ' single project. There will be two separate bid items or schedules for the work. A single contract will be awarded to one Contractor. 2. The chemical feed facility will be similar to the East Hill Corrosion Control Facility(with ' the same footprint) utilizing 25 percent sodium hydroxide. The facility will not have a restroom. The overflow from the containment area will be directed to the sanitary sewer. This will also require some work in the RNV as well as on-site. The facility will not be designed to be handicapped accessible. 3. Sodium hydroxide will be fed in the pipeline downstream of Guiberson Reservoir. , 4. The Guiberson aeration improvements will utilize the aeration design Kennedy/Jenks Consultants developed in 2001 for a design flow of 6,950 gpm. No budget is provided ' for revisions to the design. 5. No wetlands or critical areas are present on the site. , 6. The project specifications will utilize the City of Kent's front end documents and general conditions (Division 0)with Kennedy/Jenks Consultants' modifications. Specifications ' will be in CSI format. 7. The drawings will be based on Kennedy/Jenks Consultants' CAD standards. The final plans will be prepared on bond. Mylar record drawings will be prepared following construction as part of a separate contract 3 f,Onc�ets zc SxTxq d-.,°tf'r'n<:hrt,'.'sXr�7i'.Cnftls'rn^-uMJ iabY4nCt+f9.ma,wa-+Scu'ie�nM dOC ' i 8. The facility will utilize a Seimens S7 315 PLC. SCADA communications between the Corrosion Control Facility and City Headquarters SCADA computer will be by radio ' telemetry with a new antenna located on site. One meeting will be held to discuss SCADA and programming considerations SCADA and PLC programming are not included in the design phase. 9. It is assumed that a landscape plan will be required for the Conditional Use Permit with landscape screening on four sides An irrigation plan is not included in the budget. ' 10. A small diesel powered emergency generator will be provided with fuel for 72 hours of operation. The emergency generator will be located in an acoustic enclosure outside the budding. 11.Three design review workshops will be held (30, 60, and 90 percent completion). The budget is based on two Kennedy/Jenks Consultants' representatives for a half day per workshop The City will be provided draft documents approximately two weeks prior to the workshop 12. Street improvements, off site storm sewer improvements and lighting improvements are not included in the scope. Consultant Services 1. Prepare plans and specifications for the sodium hydroxide feed facility and Guiberson aeration improvements. 2. Update opinion of probable construction cost. 3. Prepare a system operating description to be used in preparing the PLC programming. City Responsibilities 1. Review design submittals and provide a single set of coordinated review comments. 2. Provide record drawings of the water and sewer lines in front of the planned Corrosion ' Control Facility and the aeration improvements. 3. Submit plans and specifications to WSDOH for review. 4. Pay any permit or review fees. ' 5. The City will have a SCADA Radio Path Study conducted for the site and provide the Consultant a copy of the study. ' 6. Provide Consultant one copy of the 2002 City of Kent Surface Water Design Manual. 7. Provide a current version of the City's front end bid documents and general conditions in electronic format (Microsoft Word). 4 ( AJ�antiSthntf4�at..VrQsmlvatu;Indi3 PENT f,uncs: ,n,F7 t•'trts.,: ` •r.:..ynP%rerf >« Deliverables , 1. Submit three sets of 11"X17" plans and a list of specifications for the 30 percent submittal. 2. Submit three sets of 11"X17" plans and draft specifications for the 60 and 90 percent submittals. 3. Submit one set of reproducible stamped full sized (22"X34") plans on bond and specifications. , Phase 4— Permit Assistance Permit Budget Assumptions , 1. A conditional use permit will be required. Minor revisions to the plans and specifications resulting from the Conditional Use Hearing and Permit are included. A budget of 24 , hours is assumed for any changes required by the Conditional Use Hearing and Permit. More extensive design changes are not included in the budget. 2. It is assumed that a simple SEPA Checklist will be required. An EIS, state historical t protection, wetland or biological assessment, and JARPA are excluded. 3. It is understood based on information provided by the City that a small site drainage , report will be required and a more complex drainage report is not required It is assumed that the sods are suitable for infiltrating stormwater on site. It is assumed that , the site is not located in a Flood Hazard Area, Steep Slope/Landslide Hazard Area, or a basin planning/community planning/Critical Drainage Area It is assumed that full dispersion of runoff or full infiltration of runoff is feasible and no recorded covenant that , limits the impervious area that can be added to the site. The budget does not include any evaluation of the existing stormwater system. 4. Assumes a pre-application meeting and attendance at one hearing for the Conditional Use Permit. 5. The Electrical Permit will be the responsibility of the Electrical Subcontractor. The fire sprinkler system will be designed by the installer and the fire protection permits will also be obtained by the installer. The General Contractor will be responsible for obtaining permits not listed in Consultant Services. Consultant Services: 1. Prepare Pre-Application Conference submittal and attend a pre-application meeting with City Planning Department. 2. Prepare the Conditional Use Permit Application Submittal. 3_ Attend the Conditional Use Hearing. Revise the plans and specifications to conform to the conditions imposed by the hearings examiner. , 4. Prepare the SEPA Checklist. 5 (.uYf'mPPh m+n ieh•p:>Alld>iS L�.m-wknt:JS KEPI:.S.o^OEa'tn[m:t- _ •to+, x'>`r > * . —� ' 5. Provide structural calculations and energy code calculations required for the budding permit ' 6. Prepare a stormwater technical information report (small site drainage report). City Responsibilities ' 1 Provide title report for the site and a determination of existing covenants and easements. Prepare a Declaration of Covenant and Grant of Easement ' 2. Provide legal descriptions and background information required by the Conditional Use Permit 3. Obtain and pay for the permits. 4. Investigate and determine that the site is not located in a Flood Hazard Area, Steep Slope/Landslide Hazard Area, or a basin planning/community planning/Critical Drainage Area. Deliverables 1. Pre-Application Conference submittal: One copy of the original application, ten copies of the preliminary site plan, ten copses of the aeraned description of the proposed project, ten copies of the relevant code data, four copies of the stormwater drainage information, ten copies of the simplified development plan. 2. Conditional Use Permit Application submittal: Seven copies of the detailed project description, seven copies of the legal description of the parcels involved with the project, seven copies of the answers to questions addressing the Kent Zoning Code Section 1 15.09.030(D) Standards and Criteria for Granting a Conditional Use Permit, one copy of the original application, seven copies of detailed site plans, four copies of the ITE Land Use Code number for the proposed use, seven copies of the required code data, four copies of the tree survey, four copies of the landscape plans, four copies of the architectural plans, one copy of the development plan, 1 3. One copy of the SEPA Checklist 4. One copy of the structural and energy code (including lighting, building mechanical, and building envelope) calculations 5. One copy of the stomnwater technical information report. Special Engineering Services (not in current Scope) 1. Design of shoring or dewatering systems 2. 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SUBJECT: R.W. BECK CONSULTING CONTRACT, EARTHWORKS PARK DAM DESIGN — AUTHORIZE 2 SUMMARY STATEMENT: Authorize the Mayor to sign a consultant services agreement with R W. Beck, Inc in an amount not to exceed $84,894 upon concurrence of the language therein by the City Attorney and Public Works Director. The agreement is for additional design and analysis for Earthworks Park Dam. The agreement includes preparation of design plans and specifications from 30% to final construction drawings Also included in the agreement is preparation of the Final Dam Safety Report as well as preparation of a construction inspection plan and additional hydrological analysis. 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) ■ 5. FISCAL IMPACT Expenditure? Yes Revenue? _ Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue. Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • KENT Phone 253-856-5500 WASNINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ' Date: February 21, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 26, 2007 From: Mike Mactutis, Environmental Engineering Manager Through: Larry Blanchard, Public Works Director LP41;1 Subject: Contract/R.W. Beck — Earthworks Park Dam Design ITEM 4 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign the R.W. Beck, Inc. Contract Modification Agreement for the Earthworks Park Dam Improvement Project in the amount of $84,894, 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: 1 Background/History: The existing outlet at the Lower Mill Creek Canyon Dam at Earthworks Park has inadequate capacity according to the Washington Department of Ecology Dam Safety Office (DOE) guidelines. The project would improve conditions to meet DOE standards of inflow design flood, improve safety by adding a second spillway, increase flood protection by increasing capacity and relieve pressure of ground water under the dam with relief wells. The consultant has provided alternatives, completed 30% plans, a Preliminary Dam Safety Report and a Dam Safety Hydrologic and Hydraulic Report under the current contract. Summary: The consultant contract agreement for R.W. Beck, Inc. in the amount of $84,894 is for additional design and analysis for Earthworks Park Dam. The agreement includes preparation of design plans and specifications from 30% to final construction drawings. Also included in the agreement is preparation of the Final Dam Safety Report as well as preparation of a construction inspection plan and additional hydrological analysis. Recommendations: Recommend authorization for the Mayor to sign the consultant contract modification agreement and establish a budget. UVWC I,uetW PgeL'aonrxco2:ao7&X Consultant: R. W. Beck, Inc. Project: Earthworks Park Dam Improvements Amount: $84,894.00 (Change Order 4) for an amended total of $202,958.00 , Project C,v Project Account #: Date: February 2t 2007 Please circulate for approval to process the attached agreement. The agreement should be circulated in the order listed Below: , 1. Project Engineer Z � E Initial and Date 2. Manager � f'tY` rL Initial and Date Funds are available to complete or construct this project according to the scope of services. 3. Paul Scott Initial and Date 4. Larry Blanchard (last) Initial and Date 1 KENT W r,SHINGT GN CHANGE ORDER NO. 4 NAME OF CONTRACTOR, CONSULTANT, OR VENDOR: R W. Beck, Inc. ("Contractor") CONTRACT NAME &PROJECT NUMBER: Consultant Services Agreement for the Earthworks Park Darn protect. ORIGINAL CONTRACT DATE: December 6, 2004 1 This Change Order amends the above-referenced contract and the November 20, 2006, Amendment and Ratification of Consultant Services Agreement; all other provisions of the contract and amendment that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows 1. Section I of the Agreement, entitled"Description of Work," is hereby modified as follows: Provide all labor, materials, and equipment necessary to: Provide design modifications for the Earthworks Park Dam Improvements project. 2. The c ontract amount a nd t ime for p erfonnance p rovisions o f S ection I I"Compensation,"and Section III, "Time for Completion," are hereby modified as follows Original Contract Sum, $114,864.00 mcludmg applicable alternates and WSST. Net Change by Previous Change Orders $3,200.00 (incL applicable WSST) Current Contract Amount $118,064.00 (tncl Previous Change Orders) Current Change Order $84,894.00 Applicable WSST Tax on this Change Order $0.00 Revised Contract Sum $202,958.00 Original Time for Completion December 31, 2005 (insert date) Revised Time for Completion under March 31, 2007 prior Amendment and Ratification (insert date) Days Required ± for this Change Order 275 calendar days Revised Time for Completion December 31, 2007 (insert date) Pursuant to Section XIII. F., entitled "Changes," of the Contract executed by the parties, the Contractor accepts all requirements of this Change Order by signing below Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or c onnected w ith any work e ither c overed or affected b y t Ims Change Order, i nchiding, w i thout l initation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. The parties whose nan i �, appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract 3. The Contractor will adjust the amount o f i ts p erforniance bond ( if any) for this project to be consistent with the revised contract sum shown in section 2, above IN WITNESS, the parties below have executed this Agreement,which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: By: (stgnann e) (Vegnatrle e) Print Name: Print Name: Suzette Cooke Its Its Mavor (Title) (Title) DATE: DATE: APPROVED AS TO FORM: j Kent Law Department RW Beck-Earthworks Dam C04111allock , i 1 CONTRACT MODIFICATION-2 OF 2 t EXHIBIT A Earthworks Park Dam Improvements Phase II - Final Design Scope of Work February 21, 2007 iiiT�vviivTi vlr✓ This exhibit defines the professional services to be provided to the City of Kent, Public Works Department (Client) by R W. Beck (Consultant) for design modifications to Mill Creek Canyon Dam at Earthworks Park The spillway has inadequate capacity for the required inflow design flow (IDF) and artesian groundwater conditions under the dam A previous contract reviewed the DOE Dam Safety Guidelines. It was decided by the City the dam IDF will be based on a 10,000 year storm event The Dam Safety Office also requires a minimum of two overflow systems for the facility The modifications include: • Raising the dam crest to Elevation 65 75 • Raising the rim of the Outlet Works to Elevation 62 57 • Creating an overflow spillway through the parking lot in order to convey a portion of the 1DF This includes repaving the parking lot with no loss of parking spaces • Replacing the trash rack at the Outlet Works such that it will clog less frequently i • Adding a trash rack at the entrance to the Outlet Works inlet pipe. • Adding relief wells and connection system along the downstream toe of the dam The total cost and labor hours for Phase II are provided in the cost estimate in IAttachment A SCOPE OF WORK Task 1. Alternative Analysis As the result of Phase 1, additional work items are required to complete the preliminary design. These include • Designing and preparing a cost estimate for a relief well system. • HSPF analysis ITask 1.1 Relief Well System Based on the geotechnicai investigations, a recommendation was made to provide wells on the downstream side of the dam to relieve the pressure in the layer underlying the t Earthworks Park Dam Improvements peat The wells are proposed to be connected and drain by gravity into Mill Creek This i task includes preparing a preliminary design for the wells and a preliminary cost estimate Task 1.2 HSPF Analyses The City requested that an HSPF analysis be performed for the recommended Earthworks Park alternative to determine its impact on the 100-year peak flow Mill Creek downstream of Earthworks Park has experienced flooding and the City would like to maximize the flood control benefits of any modifications at the dam This task includes performing an HSPF analysis for the existing conditions and one alternative scenario including a frequency analysis and a one-page documentation of analysis and results Deliverables: • Preliminary design and cost estimate for the relief wells • Results and brief documentation of the HSPF analyses. Task 2. 60 Percent Plans, Specifications and Cost Estimate The Consultant will prepare a 60% design submittal for review The 60% submittal will include drawings, a list of needed new special provisions and a construction cost estimate The special specifications will be prepared for the 90% submittal The basis for the technical specifications will be the 2006 Standard Specifications prepared by the Washington State Department of Transportation and the American Public Works Association (Standard Specifications) City staff will incorporate sections of the Special Provisions written by the Consultant into the Contract Documents. It is anticipated that the following drawings will be sufficient to adequately describe the work and the engineering fee estimate is based on the following drawing list G1 Title sheet, location map, and index of drawings G2 General Notes, Legend, Project Control and Abbreviations C1 Plan sheet at 1"=20' scale (including parking lot re-striping) C2 Civil Sections, (Dam Sections and Relief Well Profile) C3 Civil Plan, Sections and Details (Trash Rack Site Plan and Sections, Relief Well Sections and Details) C4 Civil Details, (Parking lot and path sections, turf reinforcement sections and staking plan) S1 Trashrack Plan and Section 2 1 Earthworks Park Dam Improvements S2 Trashrack Sections and Details, Sheet 1 S3 Trashrack Sections and Details, Sheet 2 S4 Perimeter Concrete Wall, Plans, Elevation and Sections S5 Inlet Trashrack and Miscellaneous Structural Details ` The following drawing will be completed for the 90% submittal: C6 Temporary Erosion and Sediment Control details and notes Deliverables: ■ 5 half size and 2 full sized hard copies of the 60% drawings ■ Construction cost estimate ■ List of needed special provisions Task 3. 90% Design This task involves preparation of plans, specifications and estimates to a 90 percent level of completion The Consultant will attend a meeting with the City to discuss review comments received on the 60 percent complete designs The Consultant will also prepare an updated construction cost estimate The Consultant will prepare Division 2 1 through 9 special provisions which will be based on the 2006 Standard Specifications prepared by the Washington State Department of Transportation and the American Public Works Association (Standard Specifications) The City will consolidate all review comments on the 60 percent complete designs onto a single plan set and reconcile any conflicting comments as necessary before returning the plans to the Consultant Deliverables ■ Review meeting ■ Five half-size and two full-size paper copies of the plans ■ Five paper copies of the cost estimate ' Three paper copies of the Specifications Task 4. Final Plans, Specifications and Cost Estimate The City will provide written comments to the Consultant on the 90% design submittal. The Consultant will address the comments and submit Final (bid ready) Plans, Specifications and Cost Estimate The City will be responsible for printing and reproduction, and preparing permits. Deliverables ■ Final Bid-Ready Plan Submittal (1 full size and 1 half-size set of stamped, original plans on bond, 1 set of Specifications (photo ready and unbound), and construction cost estimate) Digital files will be provided in AutoCAD and WORD format. 3 Earthworks Park Dam Improvements j Task 5. Construction Inspection Plan , The Construction Inspection Plan will be prepared in accordance with the Dam Safety Guidelines, Part ll, Project Planning and Approval, pages 23 to 26 The Construction Inspection Plan will be prepared with the following target lengths for the various sections are suggested (see also Guidelines Part II, page 23)- Construction management organization 1 page, chart or table format Construction activities and planned inspection effort 1 page + matrix Quality assurance testing program 1 page + matrix Change order process '/2 to 1 page Technical records handling %to 1 page The narrative discussions of construction activities and inspections and quality assurance testing will be supplemented by a 2- or 3-page matrix (page size 11 x 17) summarizing this information For budgeting purposes, the following column headings are anticipated to be used in the matrix- Column 1 Construction phases and specific tasks during each phase Column 2 Critical items, prior notification to Dam Safety Office required Column 3 Reference for quality assurance testing Column 4 Scope of inspection Column 5 Responsibility for inspection Column 6 Documentation to be submitted to Dam Safety Office Deliverables: • Construction Inspection Report (3 copies) Task 6. Prepare Final Dam Safety Submittal t The Consultant will prepare the final submittal to the Department of Ecology, Dam Safety. The submittal will include. • Hydrology report (bound separately) prepared as part of Phase 1 (1 copy). • Final geotechnical report prepared as part of another contract (bound separately) to include results from the all GeoEngineer's investigations including the foundation model (reflecting the recent subsurface exploration data and any piezometnc data) City should already have a copy of this. • Plans and specifications, 2 copies • Construction inspection plan, 1 copy. i 4 Earthworks Park Dam Improvements These pieces will be supplied to the City to submit to Dam Safety along with the application form and fee Deliverables: 1 copy of the Hydrology Report (the City will have its own copies from Phase 1) ■ Plans and Specifications (2 copies) • C^onStro w inn InsncC inn nl�n iq �nnIeg) r. . r• k �r Task 7. Coordinate with Washington State Department of Fish and Wildlife It is assumed that the City will prepare, submit and coordinate all permits, however, an allowance 8 hours has been allotted here to assist the City with their HPA permit submittal. If additional time is required, it will be considered extra work Task 8. Project Management The Consultant will provide management services in support of the project. The purpose of management services is to manage the project to meet the scope and quality needs, be within budget, and on schedule This support will include routine tracking of the budget and schedule, management of staff and subconsultants, project quality assurance, and project documentation and administration Project management includes up to 3 meetings with up to 2 Consultant team members The budget is based on an expected project duration of 7 months. This task also includes QA/QC of the project elements Deliverable: ■ Monthly invoices and status report showing tasks and work completed. ■ 3 meetings in Kent Schedule 60% Design April 24, 2007 City Comments on 60% May 15, 2007 90% Design June 12, 2007 1 City Comments on 90% June 19, 2007 Final Design(Bid Set) July 3, 2007 jAssumptions: • City will prepare all permitting documents and will negotiate with the agencies. • City will locate and survey all utilities • City will prepare the front end specifications (Bidding, Forms, Contract and Division 1) and the Consultant will be responsible for preparing any special 5 Earthworks Park Dam Improvements provisions (Division 2 through 9) The City will combine the special provisions with the front end specifications into the final contract document • The Outlet Works will not have to be modified for fish passage • Meetings will be held with the City to review the 60% and 90% comments. One additional meeting is included for a total of 3 meetings • Under a separate contract, GeoEngineers will conduct a revised stability analysis thato demonstrate the relief well is adequate It is anticipated tilat ac 'cl;el VV'elI system will be adequate • The budget assumes that the transformer will need to be relocated due to the regrading of the site It is assumed that the relocation will be performed by the electrical utility The City should be aware there may be a fee for this relocation 1 t 1 i t 1 t I ' i t t 6 t t I 1 0 0 co o r• v n O c) O �t O ti O m o V M m N 0) N N N N M N 04 c0 O m � o(Di co c.P r C4 m N � r � I I II N O o 0 0 0 0 0 0 0 x N m oC�l � o m N C6 o Y N O �a C A ~ Y W lL U O V N <tcl) N LO 0M CAD0 O O N 0 00 ate) coo O CD N CO') X Ou Imo. 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Beck Inc. i @ t I ;\:—I%� t INSURER B Lexington Insurance Company 1001 Fourth Avenue c tutte26OO"tT.31 I e� I? - i ;r,Yt.� y1L.(- I IINSURER Seattle WA aR154_1nJ)4 1 ! iM1JUi(Ef(J INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWIT14S rANDING ----1 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS POLICYEFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICYNUMBER DATE MMIDD1YY DATE MM/DD'YY LIMITS A GENERAL LIABILITY P660532D5822TIL06 07/01106 07iriV07 EACHOCCUR^nc•ICE $1,000,OOa X COMMERCIAL GENF_RAL LIABILITY DAMAGE TO RENT ED PREMISES _a accunence js22 0.000 CLAIMS MADE H OCCUR MED EXP(Any one Person) 00 PERSONAL&ADV INJURY 00�000 GENERAL AGGREGATE 00 000 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG 00000 POLICY n PRO- LOG A AUTOMOBILE LIABILITY P81053205822TIL06 07/01/06 07101107 COMBINED SINGLE LIMIT $1000,000 X ANY AUTO (Ea accdenl) , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS IPerperson) X HIRED AUTOS BODILYINJURY X NON-OWNED AUTOS (Per awdenl) $ PROPERTY DAMAGE (Per acodeal) $ GARAGELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ FXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND UB532DB03706 07/01/06 07/01/07 X WAR U-M T� O R EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000 ANY PROPRIET'R EXX TNERIEXECUTIVE ccICc..T.7G,::ER E,.CLUDED"+ EL.DISF_ASE-EA EMPLOYEE $1,000,000 IF yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $11000,000 B OTHER Professional 1155554 07/01/06 07/01107 $1,000,000 Each Occ. Liability $1,000,000 Ann.Agg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS Project: Mill Creek Canyon Dam/Earthworks Park(Seattle) City of Kent is Primary Additional Insured as respects the referenced project. Severability of Interest clause and Waiver of Subrogation are included, CERTIFICATE HOLDER CANCELLATION Ten Day Ngikp for N n-P m Pr i m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATICI City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30— DAYS WRITTEN Engineering Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn.: Nancy Yoshitake IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,nS AGENTS OR 220-4th Avenue South REPRESENTATIVES. Kent, WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 #M855351 RWBECKINC `�O_ N2M 0 ACORD CORPORATION 1 PUl_IC,Y NUMtitK- -- - - ISSUE DATE- THIS ENDORSEMENT CHANGES THE POLICE`. PLEASE READ IT CAREFULLY. ADDITIONAL ENSURED L This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART � B1 ITV !`ONTDArTO RS COVERAGE PART C,VIVIIYItKI,IHL hCNERAL LI/1DIu i -vv • new SCHEDULE ^1r^Mt Ur NEKJVN(j) OR 0RVAvI1tATlvlr(o). City of Kent Engineering Department PROJECT[LOCATION OF COVERED OPERATIONS; Mill Creek Flooding Problems f WHO iS AN INSURED — (Section 11) is amended to 1. The preparing, approving or failing to include the person or organization shown in the prepare or approve maps, shop drawings, Schedule above The person or organization does opinions, reports, surveys, field orders, not qualify as an additional insured with respect to change orders, or drawings and the Independent acts or omissions of such person or specifications; and organization The person or organization is only an li. Supervisory or inspection activities additional insured with respect to liability caused by performed as part of any related .your work" for that additional insured at the location architectural or engineering activities, shown in the Schedule b. This insurance does not apply to"bodily injury"or 2. The insurance provided to the additional insured is °property damage" caused by "your work" limited as follows- included in the "products-completed operations a. In the event that the limits of liability stated in the hazard" unless you are required to provide such policy exceed the limits of naouity required by a coverage for the additiana'. !nsured by a %&mitten written contract or written agreement in effect contract or written agreement in effect during this during this policy period and signed and policy period and signed and executed by you executed by you prior to the loss for which prior to the loss for which coverage is sought coverage is sought, the insured provided by this and then only for the period of time required by endorsement shall be limited to the limits of such contract or agreement and in no event liability required by such contract or agreement. beyond the expiration date of the policy This endorsement shall not increase the limits 3. Subpart (1)(a) of the Pollution exclusion under stated in Section III—LIMITS OF INSURANCE paragraph 2 , Exclusions of Bodily Injury and b. The insurance provided to the additional insured Property Damage Liability Coverage (Section I — does not apply to "bodily injury", "property Coverages) does not apply to you if the"bodily injury" damage", "personal injury" or "advertising injury" or "property damage" arises out of "your work" arising out of an architect's, engineer's or performed on premises which are owned or rented surveyor's rendering of or failure to render any by the additional insured at the time "your work" is professional services including. performed. CG D2 4710 02 Page 1 of 2 4. Any coverage provided by this endorsement to an b. Immediately forward all legal papers to us, additional insured shall be excess over any other cooperate in the defense of any actions, and valid and collectible insurance available to the otherwise comply with policy conditions additional insured whether primary, excess, c. Tender the defense and indemnity of any claims %vntingcnt or on any Ofiler basis unless a^ avr iari or "suit` to any other insurer which also insures contract or written agreement in effective during this against a loss we cover under this endorsement pcllcy penod and sinned and axariltPri by knU prior to the loss ;or which covera^e ;s so nt specifically This included, but Is not iuruted to, any insurer a "g } which has issued a policy of insurance in which regUlles thai this ilisumnce apply on a primnary or the additional insured auahfies as an Insured non-contributory basis When this insurance Is For purposes of this requirement, the term primary and there is other insurance available to the "insures against" refers to any self-Insurance and additional Insured from any source, we will share to any Insurer which issued a policy of Insurance wah that Gther insurance by the ,,,ethed descnb4d in that may provide coverage for the loss, the policy regardless of whether the additional Insured has 5. As a condition of coverage, each additional Insured actually requested that the insurer provide the must: additional insured with a defense and/or a. Give us prompt written notice of any indemnity under that policy of insurance "occurrence" or offense which may result In a d. Agree to make available any other insurance that claim and prompt written notice of"suit". the additional insured has for a loss we cover under this endorsement Page 2 of 254 CG D2 47 10 02 j Kent City Council Meeting Date March 6, 2007 Category Consent Calendar 1. SUBJECT: RESIDENTIAL DEVELOPMENT STANDARDS ORDINANCE — ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. affirming Council's vote taken on February 6, 2007, to adopt residential development standards including provisions such as the creation of on-site recreation space, diminished garage doors, perimeter landscape buffering, mixed housing types in single family zones, reduced minimum lot size, stronger tree protection, and residential design review The motion authorizing this ordinance passed by a vote of four council members in favor, and three council members opposed. Councilmembers Ranniger, Clark, Harmon, and Albertson were in favor, and Councilmembers O'Brien, Raplee, and Thomas were opposed The record on this ordinance should reflect the same. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc ) 1 5. FISCAL IMPACT T C Expenditure? No Revenue? No Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6M ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending various sections within chapters 12.04, 15.04, 15.07, 15 08, and 15 09 of the Kent City Code. In general, these revisions address residential development standards such as the creation of on-site recreation space, diminished garage doors, perimeter landscape buffering, mixed housing types in single family zones, reduced minimum lot size, stronger tree protection, and residential design review RECITALS A. In March of 2006, City staff met with the City Council to hear concerns regarding residential development, specifically those associated with some of the City of Kent's newer construction. With the Council's approval, staff began an effort to receive public input on these issues. A five month-long effort included public forums at various venues around the City on July 11, 2006; July 19, 2006; July 20, 2006; July 25, 2006; and September 14, 2006. Meetings were also held with real estate agents, developers, and builders on May 23, 2006, and June 1, 2006. Additionally, City staff designed and published an online visual preference survey that polled people's opinions regarding different types of housing and neighborhoods This extensive public outreach effort yielded a list of concerns that both reinforced and supplemented those originally expressed to staff by the City Council. Based on the cumulative input received from the public, stakeholder groups, and the City Council, City staff formulated a list of desired outcomes to guide the process of amending Kent's residential development standards. Those desired outcomes consisted of creating on-site open space, requiring perimeter landscape buffering, strengthening connection of homes to 1 Residential Development Standards i interior streets, reducing visual monotony, allowing mixed housing types in single- family zones, creating additional space between buildings, reducing visual impacts of storm ponds, improving building aesthetics, reducing perceived over-crowding, and requiring stronger tree protection. B. On October 18, 2006, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed code amendments. The sixty (60) day notice period has lapsed. On November 6, 2006, the City issued a Determination of Nonsignificance (ENV-2006-79) for the proposed code changes. C. On October 9`h, October 23rd, and November 271h, 2006, the Land Use and Planning Board held workshops to discuss proposed code revisions related to single family residential development standards. The Board held its first public hearing on these issues on November 13, 2006, and followed that with a public hearing on December 11, 2006, after which it made a recommendation to the City Council. D. The Planning and Economic Development Committee consider the matter on January 8, 2007, and the City Council voted on February 6, 2007, to adopt code amendments promoting the City's goals regarding residential development standards. Council Members Ranniger, Harmon, Clark, and Albertson voted in favor of the motion, and Council Members O'Brien, Thomas, and Raplee voted in opposition to the motion. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE i SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, which are incorporated by this reference, constitute the council's findings on this matter. 2 Residential Development Standards SECTION 2. - Amendment. Chapter 12.04 of the Kent City Code is amended to add a new section 12.04.060, entitled "On-site recreation and open space requirements," as follows: Sec. 12.04.060. On-site recreation and open space requirements. A. Approval of all subdivisions and short subdivisions located in single-family residential zones as defined in KCC Title 15, Zoning, shall be contingent upon the subdivider's creation 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 (i) dwelling units on lots being created that include forty-three thousand five hundred (43,500) square feet or more, and (ii) planned unit developments. B. When required, 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 owned by 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: 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; 3 Residential Development Standards 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 the residents of a large subdivision, townhouse development, or apartment development would be better served by multiple areas developed with recreation or play facilities, and 8. Be accessible, via trail or walkway, to any existing or planned municipal, county, or regional park; public open space; or trail system adjacent to the subdivision or short subdivision. E. Recreation space shall be improved with both active and passive areas designed for leisure play and sport activities. Play equipment or other age appropriate facilities, as approved by the city parks and community services director, shall be provided within the 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 a 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 (E)(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 (E)(1) of this section shall be provided for every twenty-five dwelling units. 4 Residential Development Standards F. 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 owned by the homeowners association or other organization as approved by the planning manager; and 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 a tract is a joint use tract for a drainage facility and recreation space, as referenced in subsection (F)(1), the city shall not be responsible for maintenance of the recreation space. H. A recreation space plan shall be submitted to the public works department and reviewed and approved with engineering plans. 1. The recreation space plan 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. 5 Residential Development Standards 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. SECTION 3. - Amendment. Chapter 12.04 of the Kent City Code is amended to add a new section 12 04.065, entitled "Fee in lieu of - Recreation space," as follows: Sec. 12.04.065. Fee in lieu of - Recreation space. A. Except in the case of short subdivisions, the creation of on-site recreation space, per 12.04.060, is the preferred method of providing new development with opportunities for leisure, play and sports activities. For short subdivisions, payment of a fee-in-lieu of providing on-site recreation space is 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 providing on-site recreation space if approved by the planning manager. A fee-in- lieu of on-site recreation space may be approved 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. The dollar amount of the fee in lieu 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 percent (5%)• 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. C. The fee in lieu 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 I 6 Residential Development Standards parties to mitigate the identified, direct impact of the development. The payment shall be expended in all cases within five (5) years of collection. 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. ' D. Appeals of fees in lieu imposed pursuant to this section shall be governed by the provisions of Ch. 12.01 KCC. SECTION 4. - Amendment. Chapter 12.04 of the Kent City Code is amended to add a new section 12.04.070, entitled "On-site recreation - Maintenance of recreation space or dedication," as follows: Sec. 12.04.070. On-site recreation- Maintenance of recreation space or dedication. A. Recreation space that meets the requirements 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 12.04 060 if the following criteria are met: 1. The dedicated area is at least ten acres in size, unless it is 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 7 Residential Development Standards shall be, per 12.04.060(C), by the homeowners association or other approved organization. SECTION 5. — Amendment. Section 12.04.125 of the Kent City Code, entitled "Principles of acceptability," is amended to read as follows: Sec. 12.04.125. Principles of acceptability. No short subdivision shall be approved unless the following principles of acceptability are met; the short subdivision shall: ■ 1. Create legal building sites which comply with all provisions of KCC i Title 15, Zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suitable physical characteristics; a proposed short subdivision may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as required by applicable laws, codes, rules and regulations; aad 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public waysi- 7. Provide building lots and roadway access configured to support the construction of homes with diminished garage doors such that no less than fifty percent (50%) 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 desian 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; 8 Residential Development Standards 8 Provide landscape buffering along all frontage streets of the short subdivision that do not provide the new lots with direct vehicular access; and 9 Provide adequate provision for recreation space SECTION 6. - Amendment. Section 12.04.235 of the Kent City Code, entitled "Standards for the subdivision of land and any dedications," is amended to read as follows: Sec. 12.04.235. 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. SECTION 7. - Amendment. Section 12.04.435 of the Kent City Code, entitled "Principles of acceptability," is amended to read as follows: Sec. 12.04.435. Principles of acceptability. No short subdivision shall be approved unless the following principles of acceptability are met. The short subdivision shall: 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 9 Residential Development Standards 2. Establish access to a public road for each segregated parcel, 3. Have suitable physical characteristics, a proposed short plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as required by applicable laws, codes, rules and regulations; 6. Make adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways;. 7. Provide building lots and roadway access configured to support the construction of homes with diminished garage doors such that no less than fifty percent (50%) 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; 8. Provide landscape buffering along all frontage streets of the short subdivision that do not provide the new lots with direct vehicular access; and 9. Provide adequate provision for recreation space. SECTIONS. - Amendment. Section 12.04.545 of the Kent City Code, entitled "Standards for the subdivision of land and any dedications," is amended to read as follows: Sec. 12.04.545. Standards for the subdivision of land and any dedications. 10 Residential Development Standards ' 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 adiacent 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. SECTION 9. - ReAealer, Section 12.04.580 of the Kent City Code entitled "Parks and open space requirements," is hereby repealed in its entirety: See. 1:2.04.580. Paritsi and open space requirernentsr Fnultrfam"Y -residential Fenes as defined in IE6G Title 15, Zening, shall be upon the existing-park and feereatieR seFv+ee-levels. This reElu'FeFnent shall Re apply te lets ef feFty thFee thausaigd five huRdFed (43,500) SElHaFe feet OF laFger in size, planned HIFIlt deyelepn9eFits eF subdivisions Of fOUF (4) EIF less lets-. chaFaeteF and quality! existing EIF ffepesed city paFlE site BF within the saffie PaFlE seFv'ee aFea in whieh the .emu uuivowr 11 Residential Development Standards 2. Theprepesed area fer- ded'Eatin shall have charaeterlstles iva.utwn which n9u ne itsuitable fOF future encluslen inte the eity paFIEs SySteffi, aS , 3. With the appreval e€ the—plargn+,;gdepaFtn9el;t, the pFopesed yea d F d d tlen shall the det tl.... F th., 4. T-hC�i=vpeSev�Fea'�-vi—aecricuc�mT-�rn , rrrcrn�rccenTrmvcroiTvrcrt�.. p Fks d r Eter further ..ne (1) r ..-...re .-..FnpFeh..... 'ye ..Ian pekies dealing tl. , the epen sp ^�,t—steep sleeps a spaee ..etlN..d pe -'1 -e- r "r' Y`, s-epe�„F' r ter_.. s/.___r agFieultHFa' lands as open spaee, wildlife habitat as epen spaEe and herktage sites S. All lets within th n the subdivislen F. ..h eh d.,d eat l , ed nh-II h aceess ..e legal ..d nt to the d at the tm of final ..I-it cPP� 6. The aFea pFE)pesed by the subdivider Fee ded eat.nn must n nt of an aFea that is equal er gFeateF in size than the size E8ffiputed as igecessaFy by 1 8 The—tepegraphy, seils, hydregraphy and ethereal ehaFaeteFistles F the area ed fee d..d Eati . ,-hall be of n nh__..uality as iv dFyr a eenflgwatlen which allews feF aetive FeEreatlen; shall have Re knOwn Safety hazaFds; "ocr/i% vf Weal'ea lneFdliqate d ds upen . hl... r^searees for maintenanee-arid 12 Residential Development Standards f9 TF it is d t d that the public ntenest . . Id he n ed the Iand instanee,the subdivAeF shall, at eF pFIE)Fto the t'Fige eF F I final plat Fe eeniqeeFpeFat1en shall pFevide that membeFship In he EeFpE)Fat1eiq shall be sty eted nd nta ed sh '�„ dedmcate five the—tetal pFepeFty being subdivided I—tea hd deF ded ate land Fdanee with thisst eig ig sde to t gate the d n st etsidentified eF the n ed deyek)prnent the s t..'s_ final al ..F the subdivisleigshall be nt n nt upen nt of a aF!( Faste TIICCVFS! un't aFea eF land ...lthln the beundasles eF the subdivision and shall be that feF the yeaF in which the subdivisiE)n IS gFanted pFeI'Fn1naFy plat . The Fee lieu eF dedleatlen shall be held nt at the . t.. , and Fnay nl., he expended Fe fund natal nt that has been agreed The payrnent shall be expended in all eases withiR five (5) yeaFs E)f eelieetleFi. 13 Residential Development Standards 1 E)F the payment ef any fees in HeH of dedleatieFi, a final plat eF sheFt plat shall Fqet be F eFded until! t eF weed a the land t the ty has be Paled with the King County Y deed l.VI1V�,..`Y lily the hilly CITC 2. he ,ne ..r hall be dene E6 naejFa nee of 'and—te-a„vme^vwr,cr��-Zrssecla t+e;rsrrun--v�crvr,c ' rrlll nl the llllle Il ulnV^ !I t the ty has been tFa.�..,.„ tt.e d . The i n stra m e nee e n ve�Fi n g the�a+�-� crn�rcj�-rv�-c,ccn crarr�rlTrcccc to the city ce ne I F aeeeptanEe of the .led ..at.. by F.d a Lv u16.. 1.11`y l.Vulll.lr7v1 4. Payment ef any fees 1 n I reij ef veclTcutz�v;,- have been-n,uvc-wZr.c he eity finance .E. Any payment ef fees Fnade puFsuant te this seetien that have not beeR t expended within f ve (5) VeaFs ef celleetlen shall be Fefunded with iRterest at the i FefbiRd. if the payFflent is net expended within five (5) yeaFs dHe te delay attributable to the developeF, the payngent shall be FefuRded witheut . PUFSua at to this n etlen shall be g ed by the PIFeVislens of Ch. 2.32 KCC SECTION 10. - Amendment. Section 12.04.685 of the Kent City Code, entitled "Approval criteria," is amended to read as follows: 1 Sec. 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: a. The public health, safety and general welfare of the community; ! b. Protection of environmentally sensitive lands and habitat; C. Open spaces; 14 Residential Development Standards ' 1 1 d. Community parks and recreation; e. Neighborhood tot lots and play-recreation areas; f. Schools and school grounds, g. Drainageways; h. Stormwater detention; 1. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; I. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and _ neighborhoods; k. Transit stops; I. Potable water supplies; M. Sanitary wastes; n. Building lots and roadway access configured to support the construction of homes with diminished garage doors such that no less than fifty percent (50%) 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 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; op. Other public utilities and services, as deemed necessary; and 2. The city has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The city has considered the physical characteristics of a proposed subdivision site and may deny a proposed plat because of flood, inundation, or is Residential Development Standards wetland conditions, slope, or soil stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. B. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or the imposition of impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees shall be allowed that constitutes an unconstitutional taking of private property. The city shall not require a release from damages to be procured from other property owners as a condition of approval for any subdivision. L SECTION 11. - Amendment. Section 12.04.745 of the Kent City Code, entitled "Standards for the subdivision of land and any dedications," is amended to read as follows: Sec. 12.04.745. Standards for the subdivision of land an any dedications. D. A minimum ten (10) feet wide perimeter strip of Type II landscaping and associated fencing shall be provided along the subdivision oenmeter where it is adiacent 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. i 16 Residential Development Standards SECTION 12. - Repealer. Section 12.04.780 of the Kent City Code, entitled "Parks and opens space," is hereby repealed in its entirety: See. 12.04.780. Parks and open space 1 d nt I d KCC shall be vrt+€arn-rty=-Fc�rvc.rcra,-z'vnc�-�s-�ef+rfie� �F1�cc�T��le �6� �sn�rt��vc d d at to the e ty a ssaFy to m t...ate the ad. e ffeets f d I Fnent r I 1 UI.ti CI��lI11.11C ado the existing aF! and FeEFeatlOn seFV'ee levels. This .,+ shalt I ' sl?e planned unit develepinents OF subdivisleFis 8f fBHF (4) eF less lets-. I. The Fellewing .ter to a shall .e as a bass for the departme�^ G l(s a^d IL vl�nJ Unu Val T.TOT JUI llelel lL JILI., 1 The ed aFea F.)r ded eat..... Fnay be I-. aced theF within OF w'the t the subdvis n fer ..whieh it s ed but m st e theF be ad,-�eeRt to an , to an exist'Fig er pFeposed ty park site eF within the saffle park serviee_aFea lig _s.99h.ich the sLibdivisleig is IeEated er within ene !1 \ mile of the subdivisien fee w..h eh it is F.,r d shall have eh- Faete Flsties and 2-. T#e-�epesed a ea-ea a —te e vct •%rl i .ill by the d .-+..r . parks -,.,.F rd r -mot.. F...- d..d +..... .�.rt .... th.�,..,..F ... ..t-. .. valuable .. sensitive .,t-.1 Tpl V4...VTGCTCIVIIeF i 4. The prepesed aFea feF deelmeatw.. shall, n the det..FFminatie of the I the epen spaee element, steep slopes as open spaee, wetlands as apen space, agrieultural lands as open spaEe, wildlife habitat as epen SpaEe and heFltage sites 17 Residential Development Standards have IV1,.41 4114 1.V 11 V Vl lll.l ll aeeess te the pFepesedarea, 6. The,areaPrepesled by-the sebd,v deF F ded' f�•UGT-I�p1�CQ1GQRV1lTTCf�TC GVI;j•TJL�T an aFea that is equal E)F gFeateF in slFe than the size rzwnpHted as necessaFy by thethe d..pa Ft.nent Of .. Fd.n and -�t o using the fOFF,.. I-, desc-r bed subseetieff u�.Nul u+lw la. vl L.ur n.� ull (G) of this etlen play areas bar—residents of thesabdivis+en. MeFnatlye design-,neasuFes-t-;m 8. The tepegraphy, —sees, hydFE)gFa n,y and ether phys+Ea4 uallew the d.,.•..lepFn ent of n nity OF ghbeFheaEl parks, eF tE) create a FI dn„/ ebstacle FFee at leant fifty /Ch\ r` ..t of the tetal ed a ul Y a eeFifiguFatien whieh allews fE)F aEtiye Fecreatien, shall have ne known safety bazardeus waste, dFa+aage, efeslen, eFfleeding Hattie dlFeete; decc^rmmes g if t is dete FF ed that the publie inteFeSt . ••Id be n ed the instance, the subdivideF shall, at OF PFIE)F tE) the t'Fne ef filing a final plat 'AEE)FpeFatiE)fi and bylaws ef the grantee •', tegether with "�r'•r•vcrir.r� the eenveya„ee—er— f a binding eeFnmitFnent to eenvey. The a4leles m / and that the assessAgent hall be lien the land The eity attO ffiey shallreview and.-a..p FE)ye th-e 18 Residential Development Standards prepeFty and in9prevernents emqed by the eerperatien will be adequately tlen ishall dedleate five (5) peFeent ef the total pFepeFty being subdivided. URIess a l 27 fa i. E)Fie hundred fifty (ISO) peFC-ent ef the aveFage assessed Value peF unit area Of Fand w'th+n the bedndar-+es erthesabdivisien; a+� peFEent as set f9ft� sabseettea(C) of this seetiE)n. The average assessed value w The payFnent shall be expended in all eases within five (5) years E)f eelleet'en. be F eFded until! any IYIIV lV VV VI.V II.V IVVsubdivislenplat, e a deed eenveying the !and tE) the elty has been FeeE)FEled with the King Gownty ia%pui ii 2. Genveyanee of land to a hongeswRers'asseejat+en shall be with. the UFfle fF-...� es speefled bs et .. (8)(9) of thiset rvl nl LIIV 11111\. IUI11l.D I 19 Residential Development Standards i 1 1 4. Payment ef any fees in lieu ef dedieatien have been Fnade te thwe elty finance department-. expended within five (5) yeaFs elf eelleetlen shall be Fefanded with inteizest at the 1 interest.E. Any payment of fees Fnade puizsuant te this seet'an that have net beeR Fefund if the payngent is not expended within five (S) years due te 1 SECTION 13. - Amendment. Chapter 15.02 of the Kent City Code, j entitled 'Definitions," is amended to read as follows: Sec. 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) j square feet and 5 feet deep covered area around a point of entrvs 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 Manning manager which diminish the perception of bulk and provide visual interest along home facades facing public areas. Sec. 15.02.096. Density, maximum permitted. Maximum permitted density refers to the maximum number of single family dwelling units permitted per acre. FeF fr-Qet+ens of an aeFe, a Friaximurn peFFAitted density shall be density is six (6) single family dwelling units peF aeFe, the ffiaxwnlbiffi peFffiltted density en ene half (1,12) aeFe is three (3) single family dwelling units, 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 20 Residential Development Standards 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 Sec. 15.02.106. Diminished oaraae 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. Sec. 15.02.134. Facade modulation. Facade modulation means a horizontal stepping back or pro-,ecting forward of portions of a building facade. The minimum modulation depth shall be 3 feet, and the minimum modulation width shall be 8 feet. Sec. 15.02.33S.1. Public area. Public area means public or pnvate roadways, pedestrian paths, parks, open spaces or other common spaces. Sec. 15.02.340.1. Roofline variation. Roofhne vanation 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. 21 Residential Development Standards Sec. 15.02.499.1. Special life safety measures. Special l;fe 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. SECTION 14. - Amendment. Section 15.04.020 of the Kent City Code, entitled "Residential land uses," is amended to read as follows: j l i I I T i f 22 Residential Development Standards Sec. 15.04.020. Residential Land Uses. Zoning Districts Key P=Principally Permitted Uses S=Special Uses y r C=ConditionAl Uses = u ❑ 1; A=Accessory Uses y o o ? -•'� =' � q c S Q - O O >. ❑ O C � o = i= � � ❑ ❑ � � � o o p V7 ❑ v E a v = oa G ¢ On �� v -o E $¢ CJ U C h �o K rn rn Z o` o .� o ¢ rn ? •o z z x K z S L) U ❑U v U O 4 ~ U r M 3 Z U ❑ n U U 0 O Onesosgle-family dwelling per lot P P P P P 11 P P P P P P P P A(1)A(1)A(1)A(1) One duplex per lot P P P P L71 JL71 L) One modular home per lot P P P P P P P P P P P P Duplexes P P P P P P P P P LL71 L271�-L71(22) Multifamily townhouse units P P P P P P P P P P P P P C (19)(19) (2) (4) (2) (2) (19 (20)(xq C (5) Multifamilv dwellings P P P P P P P P P P C (26)(26) (2) (4) (2) 2) (15) C (5) Multifamily dwellings for senior P P P P P C crtvens (2) (2) (2) (15) Mobile homes and manufactured P homer Mobile home parks P P P P P P P (11)(11)(13)(13)(13)(13) Group homes class 1-A P P P P P P P P P P P P P P I P P P C C C P Group homes class I-B P P P P P P P P P P C C C P Group homes class 1-C C C C C P P P P P P C C C P Group homes class 11-A ( C C C C C C C C C C C C C Group homes class 11-11 C C C C C C C C C C C C C C Group homes class 11-C C C C C C C C C C C C C C C Group homes class 11l C C C C C C C C C (23)(23) (23)(23) (23)(23)(23)(23) (24) Rebmldlaccessory uses for existing P(6) P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) Transitional housing P P (7) (7) Guest cottages and houses A A A A A A A A (8) (8) (8) (8) (8) (8) (8) (8) (21)(20(20(21)(21)(21)(et) (2l) Rooming and boarding of not A A A A A A A A A A more than three persons Farm worker accommodations A A A A (17) (9) (17) (9) Accessory uses and buildings A A A A A A A A A A A A A A A A ,A A A A A A A A A A customarily appurtenant to a (I8)(I8)(18)(18)(18)(18)(I8)(18)(18)(18)(18) permitted use Accessory dwelling units A A A A A A A A A A A A A A (10) (10) (to)(10) (10)(1it) (10)(1o)(10)(10) (10) (10) (1o)(1o) 23 Key Zonm,Districts P=Principally Permitted Uses S=Special it Uses �+ C=Condmonal Uses o � o = � ❑_ q _ A=Accessory Uses 0 ❑ - '�' — V m P o r H 72V .. a o ❑ = r C = ❑ ..J ❑ ❑ t Y a q ao E 3 8 c 0 0 c rn cis ❑ N sc C = z o 0 ❑ U C x z a z C c i r4 cG x U U U U U ¢ — = �, 3 z U ❑ ❑ U U C C Accessory living quarters A 1 A A A A A A A A A A A A (14)(14)04)(14)(14) (14)(14)(14)(14)(14)(14)(14) (14) (14) Home occupations A A A A A A A A A A A A A A A A A A A A A A A A A A A A (11)(11)(11)(it (11)(11)(11) (11)(11)0 1)0 1)01)(II)(Il)(11) (11) (11) (11)(11)(11)(I1)0 1)(11)0 1)(11)(11)(11) 111) Service buildings A Storage buildings and storage of A A A A A A A A A A A A A recreational vehules (16) (16)(16)(16)(16)(16) (16) (16)(16)(16)(16)(16) Dnve-m churches, welfare C C C C C C C C C C C C C C C C C C C C C C C C C C facilities (including emergency (12) (12) shelters); Drrvo-m churches, retirement homes, convalescent homes and other welfare facilities whether privately or publicly operated facilities for rehabilitation or correction,etc Designated manufactured home P P P P P P P P P P P P P (25) (25)(251(25)(25) (25) (25)(25)(25)(25)(25)(25)(25) 24 SECTION 15. - Amendment. Section 15.04.030 of the Kent City Code, entitled "Residential land use development conditions," is amended to read as follows: Sec. 15.04.030. Residential land use development conditions. 27. Within subdivisions, as defined by KCC 12.04 025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25% of the total number of permitted dwelling units may be duplex or triplex townhouse structures. ' SECTION 16. - Amendment. Section 15.04.170 of the Kent City Code, entitled "Agricultural and residential zone development standards," is amended to read as follows: 25 Residential Development Standards Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts a � E oz e m T — H e`s C C = -C m E Is" E E v ° f c s� e cs, a• � a � _ 3 � � r � Q C y v x Aa F .D F �C e ^ h S O � SF Duplex SF Duplex MF SF Duplex MF SF Duplex MF I SF Duplex MF I SF Duplex MF Maximum density Idul Idulac 363 453 60s 871 871 1089 120 120 160 160 160 16 230 23 400 40 dwelling units per 10 ac dus/ dust dust dud dos/ dus/ac dust itus/ dus/ due/ dust dust dus/ac dos/ dud dust acre at, ac at ac ac at at ac a ac ac ac ac at. Minimum lot area IOac 34,700 9,600 7,600 5,700 4004) 4,000 8,000 none 8000 8,5001 none 8,000 8,500/ none 8,004) 8,500/ none 8,900 8,500i none 8,000 8,5001 square teet or at it sq ft sq ft sq it sq It sq ft sq it sq IT 3 500 sq ft 3 500 eq ft 2 500 sq it 1,600 sq ft 900 acres,as noted JL7) JP) J171 sq It (35) sq ft sq ft sq ft sq ft (27) (35) (1) (2) (3) Minimum lot 60 ft 60 it 51)ft 50 It 50 it 40 it 25 it 80 it 25 it 80 It 80 it 25 it so ft 80 it 25 it 80 it 80 it 25 it 80 it 80 It 25 it 80 it 80 ft width feet(4) Maximum site 30 io 30% 45% 45% 50"6 55% 55% 40% 55% 40'4„ 45% 55% 40% 45% 55% 40% 45% 55% 40% 45% 55% 40% 50% coverage percent (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) of site A41mmum yard (22) requirenienls feet Front yard 20 ft 20 ft loft 10 ft 10 D 10 D loft 10 ft 10 D 10 n 20 ft 10 ft 10 it 20 ft lift loft 20 ft 10 It 10 ft 20 ft 10 ft 10 IT 20 ft (6) (6) (6) (6) 16) (6) (6) (6) (6) (6) (6) (6) (6) (6) in) (6) (6) (6) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15 ft 15 ft Sit 58it 48ft 58ft 5ft 5ft 5ft 5ft (II) 5ft 5ft (11) 5D Sit (11) Sft 5ft (11) 5ft 5It (Ip 4391 438) 118.) (30) (30) (30) (30) (10) (30) Side yard on 20 ft 20 ft loft loft loft 10 it loft 10 ft Wit 10 ft 15 ft I011 10 It 15 ft loft ]Oft 15 it In ft loft 15 ft ]Oft loft 15 ft flanking street of (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) a corner lot Rear yard 20 ft 15 D 5 ft 510 ft 510 it MO ft 5 it 8 ft 5 k 8 ft 20 ft 5 ft 8 D 20 ft 5 ft 8 It 20 ft 5 it 8 ft 20 ft 5 ft 8 ft 20 R Additional (12) (12) (32) (32) (14) (31) (31) (14) (31) (31) (14) (14) (14) setbacks/distances (15) (32) (32) (15) (15) (15) (15) between buildings (32) (31) (31) (32) Height limitation 25 25stry/ 25 25 25 1 25 25 25 25 2stry/ 3 25 2str)/ 3 25 25 3 25 25 3 25 25 4 in stories/not to stry/ 35ft str)/ stryl str)l stryl stryl stry/ stry, 30ft stry, sit)/ 30 IT stryl stryl str)l str)l stryl str)/ sty)/ sty)/ strsr stry/ exteed in feet 35 it 3511 35 ft 35 ft 30 it 30 In 35 it 30 ft 30 ft 30 ft 30 ft 31)ft 35 it 41)It 30 ft 35 fl 40 ft 10 it 35 fl 50 ft (16) Maximum 40% 40% SU% 60% 70°/" 75% 75% 70% 75% 70% 70'% 75°„ 71W/ 70% 75% 711% 75% 70% 75% 70% impervious surface; (19) (19) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) (19) percent of total parcel area Zero lot line and The pros i>ions in KCC 15 OR 31111,IS OB 310,15 08 320,and IS OS 330 shall apply clustering(24) Signs The sign regulations of Chapter 1506 KCC shall appl) Off-street parking The off-street parking requirements of Chapter 15 05 KCC shall apply Landscaping The landwaping regmremsnls of Chapter 15 07 KCC shall apply Multi-family (25) (25) 1 (25) (25) (25) transition Area Multi-family design (26) (26) (26) (26) (26) review Additional Additional standards for specific uses are contained in Chs 15 08 and 15 09 KCC standards Additional (20) (31) (33) (33) (33) (33) (36) (36) (28) (28) (36) (36) (36) (36) (36) (36) (36) (36) (36) (36) standards (33) (36) (36) (36) (36) (29) (29) (36) (391 (39) (31 (36) (34) (36) 26 SECTION 17. - Amendment. Section 15.04.180 of the Kent City Code, entitled "Agricultural and residential land use development standard conditions," is amended to read as follows: Sec. 15.04.180. Agricultural and residential land use development standard conditions. 37. For subdivisions and short subdivisions created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 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 subdivisions and short subdivisions ' created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 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 March 22, 2007, or altered to ' comply with zoning and subdivision code amendments effective after March 22, 2007. SECTION 18. - Amendment. Section 15 07.040 of the Kent City Code, entitled "General landscaping requirements for all zones," is amended to read as follows: e 27 Residential Development Standards Sec. 15.07.040. General landscaping 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 department 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. SECTION 19. - Amendment. Section 15.08.240 of the Kent City Code, i entitled "Preservation of trees," is amended to read as follows: Sec. 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. t 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 ' nontoxic 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 28 Residential Development Standards storage of 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 depar-t:nergtservices division for its review prior to the issuance of a zoning or building permit 4. The planning d p tservices division shall review the tree plan tin relation to the proposed development and make a determination of which trees will be permitted to be removed. ' S. The planning departnentservices 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 dLFeeteTmanager 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. Appircability. 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. Penmeter Landscaping Area. In the required perimeter landscaping ' areas, as set forth in Chapter 15 07 KCC, the applicant shall retain all significant trees which will not constitute a safety hazard. Areas devoted to access and sight 29 Residential Development Standards distance, and areas to be cleared for required roads, utilities, sidewalks, trails, or storm drainage improvements are exempt from this requirement , 2. Site Intenor. 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: (1) Healthy significant trees over 60 feet in height; ' (2) Significant trees which form a continuous canopy; (3) Significant trees which contribute to the character of the environment, and do not constitute a safety hazard; ' (4) Significant trees which provide winter wind protection or summer shade; , (5) Groups of significant trees which create a distinctive skyline feature: and (6) 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)(2) 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 Parkinci 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. 30 Residential Development Standards 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 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: (1) Incorporates the retention of significant trees equal in equivalent diameter inches or incorporates the increased retention of significant 1 trees and naturally occurring undergrowth beyond what would otherwise be required, or ' (2) 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 citv's List of Plants for the Pacific Northwest. OG. 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 tom 3 two 2 inches in diameter at the time of planting. An evergreen shall be at least twelve ' (12) six (6) to eight (8) feet in height. SECTION 20. - Amendment. Section 15.09.045 of the Kent City Code, entitled "Administrative design review," is amended to read as follows: ' 31 Residential Development Standards Sec. 15.09.045. Administrative design review. A. Purpose and scope. Administrative design review is an administrative ' process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning depaictmenservices division review and application of certain ' criteria. These criteria have been formulated to improve the design, siting and construction of development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the t comprehensive plan, this title, and community development goals of the city. The adoption of design criteria is an element of the city's regulation of land use, , which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative ' function delegated to the planning dep .Rt services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, ' the planning d+,=eetefmanager may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review. B. Apphcation and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Ch. 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning depaFtfflentservices division. Upon receipt of an application for design review, the planning dn=eeter manager shall circulate the application to the public works director, building official and the city administrator for review. Prior to making a final decision, the planning diFcerormanager shall review any comments submitted for ' consideration. In the administration of this process, the planning direete manager may develop supplementary handbooks for the public, which shall , 32 Residential Development Standards pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C and D) of this section, as well as a detailed explanation of the design review process. 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 vested after March 22, 2007, or altered to ' comply with code amendments effective after March 22, 2007 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. 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. Architecture. Each dwelling unit fagade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two (2) elements of fagade modulation and/or roofline variation; b. The maximum horizontal facade length without one element of either facade modulation or roofline variation shall be twenty (20) feet: and C. Three (3) architectural detail elements. 4. 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. The planning depa#menl=-services division shall ' use the following criteria in the evaluation and/or conditioning of applications under the multifamily design review process• ' 1. Site design. a. The site plan for the development should be integrated with ' the surrounding neighborhood. ' 33 Residential Development Standards b. The site plan should take into consideration significant environmental considerations and the lay of the land. C. The site plan should provide an open space network which will accommodate a wide variety of activities, both semipublic and private. d. The site plan should accommodate vehicular access and , parking in a manner which is convenient, yet does not allow the automobile to dominate the site. , e. The site plan should provide safe and convenient pedestrian circulation. , 2. Landscape design. a. The landscape plan should integrate with and enhance the ' surrounding neighborhood landscape. b. The landscape plan should incorporate existing natural features of significance. C. The landscape plan should enhance the planned open space network. , d. The landscape plan should enhance the parking and utility areas on the site. e. The landscape plan should enhance building forms and orientation. f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and should provide for maintenance of these ' plants. 3. Building design. a. The buildings in the development should, where appropriate, , maintain neighborhood scale and density. b. The buildings in the development should be oriented to provide for privacy of residents. C. The exterior design of all buildings in the development ' should provide for individual unit identity. BE. Multifamily transition areas. Through the administrative design review , process, specific multifamily transition area requirements may be waived or modified where the applicant demonstrates an alternative site plan which fulfills , 34 Residential Development Standards , an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site layout, building placement and orientation, parking and maneuvering arrangements, landscaping and other screening and buffering provisions. 1. Required findings In order to modify or waive any multifamily transition area requirement, the planning d eetaF-manager must find that all of ' the following criteria have been met: a. The proposal will accomplish the same or better protection of an abutting single-family district from impacts of noise, traffic, light and other environmental intrusions caused by the multifamily development. b. The proposal will accomplish the same or better transition between the multifamily development and abutting streets, including adequate buffering of the multifamily development from the street, and vice versa. ' C. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site layout, size, scale, mass and ' provisions for screening and buffering. The planning dlreetaF-manager shall issue a report of his findings, conclusions and determination for each proposal under ' this section. EF. Mixed use design review. The planning deryazt+went-services division shall use the following criteria in the evaluation and/or conditioning of applications under the mixed use design review process when a project includes residential ' use: 1. The following criteria should apply to all mixed use with a residential ' component development: a. Some common recreation space roofs, terraces, indoor ' rooms, courtyards. b. Lighting features that are shielded, directing light downwards. C. The residential portion of the building should incorporate residential details, such as widow trim, trellises, balconies, and bay windows. d. The residential component should have an obvious generous entrance, within features suggesting a "front door" for example, a lobby, trellis, gate, archway or courtyard. 35 Residential Development Standards 2. The following criteria shall apply to mixed use development: , a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk. b. Although the commercial and residential components may , have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development. , C. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor. , 3. The following criteria shall apply to mixed use buildings with a residential component: ' a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. , b. Articulated by use of different materials, generous windows with low sill heights, "store" doors, canopies, and planters. , C. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs. ' d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades. , FG. Appeals. The decision of the planning diFeeter manager to condition or reject any application under the administrative design review process is final unless an appeal is made by the applicant or any party of record to the hearing examiner within fourteen (14) calendar days of either the issuance of the , director's conditional approval under this section of any application, or the director's written decision rejecting any application under this section. The appeal shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC. The ' decision of the hearing examiner shall be final unless an appeal is made to the superior court within twenty-one (21) calendar days after the hearing examiner's notice of decision. ' 36 Residential Development Standards 1 SECTION 21. - Saving . The various section within chapter 12.04 of the Kent City Code, which have been repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 22. - Severabdity. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such 1 decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 23. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ' SUZETTE COOKE, MAYOR ATTEST: BRENDA ]ACOBER, CITY CLERK APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY 37 Residential Development Standards PASSED: day of March, 2007. APPROVED: day of March, 2007. PUBLISHED: day of March, 2007. I hereby certify that this is a true copy of Ordinance No. passed t by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon Indicated ' (SEAL) , BRENDA JACOBER, CITY CLERK P\Gvd\Ordinance\ResvdentialDvlpmntStds-022807 doc 38 Residential Development Standards , Kent City Council Meeting Date March 6, 2007 Category Other Business 1. SUBJECT: BJORGO REZONE (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: The proposed ordinance relates to the proposed rezoning of approximately 1 84 acres of real property from Single Family Residential, 4.5 units per acre, to Single Family Residential, 6 units per acre The property is located at 24423 94T" Avenue South. The Kent Hearing Examiner held a public hearing on January 17, 2007, and on January 31, 1007, issued Findings, Conclusions, and a Recommendation for approval. 3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and Recommendation; Staff Report with map; Mitigated Determination ofNonsignificance; ' and Decision Document 4. RECOMMENDED BY: Hearing, Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: ' Councilmember &'VhV 0 moves, Councilmember 44A seconds to accept/rejeet��y the Findings, Conclusions and Recommendation of the Hearing Examiner on the BJorgo Rezone and to adopt Ordinance No. ' DISCUSSION: ACTION: m� Council Agenda Item No 7A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, ' specifically the rezoning of approximately 1.84 acres of property located at 22424 941h Avenue South from SR- 4.5 (Single-Family Residential, 4 5 units per acre) to SR- 6 (Single-Family Residential, 6 units per acre). (B]orgo Rezone RZ-2006-4). RECITALS ' A. An application was filed on August 3, 2006, to rezone approximately 1.84 acres of property located at 22424 94th Avenue South from SR-4.5 (Single- Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Bjorgo Rezone, #RZ-2006-10). B. The City's SEPA responsible official issued a Mitigated Determination of Nonsignificance (MONS) (#ENV-2006-57) for the proposed rezone on October 27, 2006. 1 C. A public hearing on the rezone was held before the hearing examiner on January 17, 2007. On January 31, 2007, the hearing examiner issued findings and conclusions that the Bjorgo Rezone is consistent with the Cty's Comprehensive Plan, that the proposed rezone and subsequent development 1 activity would be compatible with the development in the vicinity; that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone; and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. 1 Bjorgo Rezone D. Based on these findings and conclusions, the hearing examiner recommended approval of the Blorgo Rezone. E. On March 6, 2007, the City Council determined that the hearing 1 examiner's findings and conclusions are consistent with sections 15 09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Blorgo Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, , WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, ' which are incorporated by this reference, constitute the council's findings on this matter. SECTION 2. - Rezone. The property located at 22424 94`h Avenue South in Kent, Washington consisting of approximately 1.84 acres depicted in Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference, and legally described in Exhibit "B", attached and incorporated by this reference, is rezoned from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to ' reflect the rezone granted above. SECTION 3. - Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision , shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Bjorgo Rezone SECTION 4. - Effective Date. This ordinance shall take effect and be in ' force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of March, 2007. iAPPROVED: day of March, 2007. PUBLISHED: day of March, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the 1 Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\evi1\0rdinance\Rezone-8jorgo doc 3 Bjorgo Rezone i a. LS 222 St S 222 St , 1 S 223 PI BJorgo 22424 94 AVE S APN: 1822059103 , S 225 Pt t � P S 228 St 0° a ' APPLICATION NAME: BJORGO ' REQUEST: #RZ-2006-10 KIVA#RPP4-2063617 EXHIBIT "A" VICINITY MAP EXHIBIT"B" 1 Lot 1 King County Short Plat Number L93SO042 recorded under Recording No. 9501259010, said Short Plat being a Portion of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington. 1 LAND USE HEARING EXAMINER CITY OF KENT KENT Theodore P Hunter WASHINGTON Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO- BJORGO REZONE #RZ-2006-10 KIVA#RPP4-2063617 APPLICANT: Anne Bjorgo 2453 36`h Avenue W Seattle, WA 98199 REQUEST: A request to rezone 1 84 acres from SR-4.5 Single Family Residential to SR-6 Single Family Residential. LOCATION: 22424 94`h Avenue South, Kent, Washington. APPLICATION FILED: August 3, 2006 1 MITIGATED DETERMINATION OF NONSIGNIFICANCE ISSUED October 27, 2006 MEETING DATE: January 17, 2007 RECOMMENDATION ISSUED: January 31, 2007 RECOMMENDATION: APPROVED TESTIMONY: Matt Gilbert, City Planning Services Scot Cameron Hans Korve, for the Applicant Gary Gill, for the Applicant EXHIBITS: 1. Staff report dated January 10, 2006, including Vicinity Map, with the following attachments: A Rezone Application, received August 3, 2006 B. Letter from Cheryl & Daniel Nordgren to City of Kent Planning Services, dated April 14, 2006 C. City Department Routing Slips, dated August 7, 2006 D. Public Notice Documents Notice of Public Hearing, Affidavit of Notice, Mailing List Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2001-10, KIVA#RPP4-2063617 Page 1 of 9 E. Notice of Application, Affidavit of Notice, Mailing List, Notice of Completeness F. Mitigated Determination of Nonstgnificance, issued October 27, 2006, and Environmental Checklist, received by the City on August 4, 2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS , 1. Anne Bjorgo (the Applicant) requested a zoning map amendment to rezone 1.84 acres of land from SR-4.5 Single Family Residential to SR-6 Single Family Residential The property subject to the request is located at 22424 94a' Avenue South, Kent, Washington i Exhibit 1, Attachment A. 2. The City of Kent(City) deemed the rezone application complete on August 21, 2006. and posted notice of the application on or near the subject parcel on September 28. 2006 On January 5, 2007, the City provided public notice of the associated public hearing by posting on the subject property, publishing notice in the King County Journal, and mailing notice to all owners of property within 300 feet of the subject property City staff notified departments and agencies of the application.' Exhibit 1, Attachment C, Exhibit 1, AttachmentD, Exhibit 1, Attachment 3. Because a short plat application for the subject parcel has also been submitted to the City,3 the City reviewed the environmental impacts of the rezone proposal together with the impacts of the short plat proposal under the State Environmental Policy Act 4 The The subject parcel is identified by King County Tax Parcel number 1822059103 A partial legal description of the subject parcel is included in the Environmental Checklist submitted by the Applicant Exhibit],Attachment A, Exhibit 1, Attachment F 2 City staff notified the following departments and agencies City Administration, Kent Public Works,Kent Parks& Recreation, Building Official, King County Environmental Health,Washington State Department of Ecology, Washington State Department of Transportation, Qwest,King County Wastewater Treatment Division, City Attorney, Kent Police Department,Kent Fire Department,City Clerk, U S Postmaster,Puget Sound Energy, Kent School District, King County Transit Division Exhibit 1, Staff Report,page 5, Exhibit 1,Attachment C 3 The Applicant also filed an application with the City on February 21, 2006 for short subdivision of the subject parcel into eight lots and one storm drainage tract The short plat application is identified by City application number SP-2005-38/RPSS-2060975 Exhibit 1, Staff Report,page 1. 4 Washington Administrative Code(WAC)Section 197-11-800(6)(a) provides that approval of a short plat for land not covered by water is exempt from review of environmental impact according to the Slate Environmental Policy Act(SEPA) WAC 197-11-800(6)(a) Washington Administrative Code(WAC) Section 197-1 1-060(3) (b) provides that proposals that are related to each other closely enough to be, in effect, a single course of action shall be evaluated in the same environmental document Proposals are closely related if they (i)cannot or will not proceed unless the other proposals are implemented simultaneously with them,or(u) are interdependent pans of a larger Findings, Conclusions and Recommendation Hearing Examiner for the City,of Kent Blorgo ReZone #RZ-2006-10, KIVA #RPP4-2 06361 7 Page 2 of 9 City determined that with a condition, the rezone and short plat proposals together would not have a probable significant adverse impact on the environment and issued a Mitigated Determination of Nonsigmficance (MDNS) on October 27, 2006 The condition addresses pedestrian walkway improvement plans for pedestrian access to a bus stop serving Panther Elementary School Matt Gilbert, City Planning Services, testified at the public hearing that the MDNS condition relates to the need for safe walking paths that access Panther Lake Elementary. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment F; Testimony of Mr. Gilbert. 4 The subject parcel was annexed to the City in February, 1995 (Ordinance 3210) and classified as R1-9 6, the historical classification of the City's current SR-4 5 zoning district The subject parcel is currently located in the City's SR-4.5 Single Family Residential zoning district, which permits a maximum density of 4 53 dwelling units per acre and a minimum lot size of 7,600 square feet.s Mr Korve testified that if the subject parcel were developed under the SR-4 5 zoning district classification, the SR-4.5 classification would permit 8 2 dwelling units.6 A zoning plan amendment to classify the subject parcel as part of the SR-6 zoning district would permit a maximum density of 6.05 dwelling units per acre on the subject parcel, with a minimum lot size of 5,700 square feet, According to KCC Section 15 04.170, minimum lot width, minimum yard requirements and building height limitations are identical between the SR-4 5 zoning district and the SR-6 zoning district. Exhibit 1, Staff Report, pages 1-3; KCC 15 04 170; Testimony of Mr. Korve; Comprehensive Plan, Land Use Element(last revised May 4, 2006), Figure 4 2. 5. If the Applicant's rezone application is approved, the Applicant would remove the existing house, detached garage, and shed on site and develop the subject parcel into one storm drainage tract and 8 single-family residential lots at a net density of 5 4 dwelling units per acre. Exhibit 1, Staff Report, pages 2-3; Exhibit 1, Attachment E. proposal and depend on the larger proposal as their justification or for their implementation The City has adopted WAC Section 197-1 1-060 by reference according to Kent City Code(KCC) Section 11 30 020, and has adopted WAC Section 197-11-800 by reference according to KCC Section 11 03 200 1114C 197-11-060(3)(b), WAC 197- 11-800, KCC 1130 020, KCC 1130 200 5 The SR-4 5 zoning district maximum density and minimum lot size is found in Kent City Code(KCC)Section 15 04 170 KCC Section 15 02 096 defines"density, maximum permitted" as"the maximum number of single- family dwelling units permitted per acre For fractions of an acre,a maximum permitted density shall be proportional to the size of the lot For example, where the maximum permitted density is six(6) single-family dwelling units per acre, the maximum permitted density on one-half(1/2) acre is three (3)single-family dwelling units,subject to lot We and other development Standards of Ch 15 04 KCC" KCC 15 02 096 6 The density calculation for dwelling units per acre is 4.84 acres*4.5 dwelling units/acre=8.28 dwelling units 7 The SR-6 zoning district maximum density and minimum lot size is found in Kent City Code(KCC) Section 1504 170 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA#RPP4-2063617 Page 3 of 9 6. At the public hearing, Mr. Korve testified for the Applicant that the intent of the rezone application was to ensure that the SR-6 minimum lot size of 5,700 square feet would apply to the developable lots within the subject parcel. Mr. Korve testified that with application of the 7,600 square foot minimum lot size currently permitted in the SR-4.5 zone, there would be insufficient land within the subject parcel for any roads, stormwater detention ponds and other necessary infrastructure. Mr. Korve testified that the 8 dwelling units planned for the short subdivision would not exceed maximum development density permuted within the SR-4.5 zone, and that the rezone application is necessary to ensure that sufficient land for subdivision infrastructure is available as a result of the smaller minimum lot size permitted in the SR-6 zone. Mr. Gary Gil testified for the Applicant that the rezone would allow for sharing development facilities with the neighboring Estes Short Plat and Garrison 11 Short Plat currently under development, and that he is negotiating with owners of neighboring properties regarding an agreement to share development facilities between the subject parcel and neighboring properties The zoning map amendment narrative submitted by the Applicant states "[e]ach of the three projects will share in providing some portion of the required infrastructure for the area and thus insure [sic] compatibility." The Estes and Garrison II Short Plat developments are located to the north and east, respectively, of the subject parcel Testimony of Mr. Korve; Testimony of Mr Gil; Exhibit 1, Attachment A, Exhibit 1, Attachment F, Environmental Checklist. 7. The purpose of the SR-6 zoning district is to "to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. It is further the purpose to provide a range of densities and minimum lot sizes in order to promote diversity and recognize a variety of residential environments." KCC 15 03.010. 8. The subject parcel is currently designated by the City Comprehensive Plan Land Use Map as SF-6 Single Family. The Plan designation permits 6 dwelling units per acre. Exhibit 1, Staff Report, pages 2 and 9; Comprehensive Plan, Land Use Element (last revised May 4, 2006), page 4-52; Comprehensive Plan, Land Use Element(last revised May 4, 2006), Figure 4 7 9. The Kent City Council adopted updates to the City Comprehensive Plan in 2004 in accord with the Growth Management Act.8 The Comprehensive Plan Land Use Element, Housing Element, and Transportation Element contain goals and policies that are relevant to the rezone application 9 Exhibit 1, Staff Report, pages 6-8; Comprehensive Plan, Land 8 Revised Code of Washington(RCW)Section 36.70A 040(3)(b)provides that each city within a county with a ' population of 50,000 or greater shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan RCW 36 70A 040(3)(b). 9 These goals and policies include Land Use Element Goal LU-9,Goal LU-10,Policy LU-9 1,Policy LU-9 4, and Policy LU-10 4,Housing Element Goal H-2, Goal H-5,Goal H-7,Policy H-2 2,H-5 1, H-5 2.H-5 3, and H-7 5, and Transportation Element Goal TR-1, Policy TR-1 2, Policy TR-1 4, and Policy TR-1 5 Comprehensive Plan, Land Use Element(last revised May 4, 2006),pages 4-32 and 4-33, Comprehenvive Plan, Housing Element(2004),pages 6-11, 6-12, 6-14, Comprehensive Plan, Transportation Element(2004),page 9-40 Findings, Conclusions and Recommendation ' Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA#RPP4-2063617 Page 4 of 9 Use Element(last revised May 4, 2006), pages 4-32 and 4-33; Comprehensive Plan, Housing Element(2004), pages 6-11, 6-12, 6-14, Comprehensive Plan, Transportation Element(2004), page 9-40. 10 RCW Section 36 70A.070 (6) requires that each Comprehensive Plan shall include a plan, scheme or design for a transportation element that implements and is consistent with the land use element The City's Comprehensive Plan includes a Transportation Element that is consistent with the Plan's Land Use Element, in that it forecasts traffic based on the adopted land use plan, identifies level-of-service standards for each transportation mode, and identifies state and local system needs to meet current and future demands on the system RCW 36 70A 070; Comprehensive Plan, Transportation Element (2004), pages 9-1, 9-2. 11. Properties immediately abutting the subject parcel are located in the City's SR-4 5 zoning district. There are properties located in the City's SR-6 zoning district in the vicinity of the subject property The City Comprehensive Plan designates properties to the northwest, east and south of the subject parcel as SF-6, Single Family Residential. The City Comprehensive Plan designates properties to the northeast and west as SF-4 5 Single Family Residential, which permits a maximum of 4 5 dwelling units per acre. Exhibit 1, Staff Report, page 2, Comprehensive Plan, Land Use Element (last revised May 4, 2006), Figure 4.2, Comprehensive Plan, Land Use Element(last revised May 4, 2006), Figure 47 12. There was one public comment on the proposed rezone Sharon and Daniel Nordgren expressed their concerns about the Bjorgo Short Plat application, #SP 2005-38, in a letter to the City. Their letter noted concerns about the proposed short plat structure density per acre, the protection of the Garrison Creek Native Growth Protection setback, the location of the short plat storm pond, and development impact on Garrison Creek. These concerns were considered by staff, and the opinion expressed that existing ordinances would protect the creek and that the density proposed is no higher than what could be developed under the existing zoning designation. Exhibit 1, Staff Report, page 5; Exhibit 1, Attachment B 13. The Applicant stated in the Environmental Checklist submitted to the City that the reduced lot size permitted under the proposed rezone would have little or no impact on views in the immediately vicinity of the rezone. Exhibit 1, Attachment F, Environmental Checklist. 14. The subject parcel contains no slopes exceeding 20 percent grade, no surface water bodies, no wetlands, and no other sensitive areas. The subject parcel currently contains grass and scattered landscape trees. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment F, Environmental Checklist. 15. The neighborhood surrounding the subject parcel is generally composed of low to medium-density residential development. Nine new development projects have been Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA#RPP4-2063617 Page 5 of 9 I proposed in the vicinity of the subject parcel since 2004, ranging in net density from 3.67 to 6 dwelling units per acre Mr Gilbert, City Planner, testified that the rezone proposal is compatible with the character and net density of the surrounding neighborhood The City Staff Report stated that fire, police, medical, neighborhood shopping and child care services will be accessible to neighborhood residents upon development of the subject property. The zoning map amendment narrative submitted by the Applicant states "urban services are also available to the project site "Exhibit 1, Staff Report, page 8, Exhibit 1, Attachment A, Testimony of Mr. Gilbert. 16. City water and sanitary sewer service is currently available to serve the subject parcel. A proposed condition of short subdivision approval would require the Owner/Subdivider of the short subdivision to provide services to each lot and to construct a subdivision stormwater treatment system according to Kent Construction Standards. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachment F, Environmental Checklist. 17. Primary access to lots within the subject parcel would be provided from 94`h Avenue S The City Comprehensive Plan designates 941h Avenue S as a Residential Collector Arterial Street. S 222nd Street intersects 94d' Avenue S to the north of the subject parcel, and S 228`h Street intersects 941h Avenue S to the south of the subject parcel. 94`h Avenue S currently contains an approximately 60-foot-wide public right-of-way, with a 22-foot- wide asphalt street that provides for two narrow traffic lanes. The street does not currently include cement concrete curb and gutter, a stormwater drainage system, cement concrete sidewalks, or a street lighting system Exhibit 1, Staff Report, pages 3 —4; Exhibit 1, Attachment F, Environmental Checklist. 18. The zoning map amendment narrative submitted by the Applicant states "[w]hile the project and its adjacent developments will benefit from the required improvements, the general circulation in the area will also benefit, with no expenditure of public funds, by providing half street improvements to the adjoining property to the south. These improvements will facilitate future expansion of the neighborhood infrastructure " The Applicant would construct a public street to serve the short subdivision associated with the rezone application The street would have frontage along the north, east and south of the proposed short subdivision. The street would be designated a Residential Street within the City's Comprehensive Plan The street would contain a public right-of-way at least 50 feet wide, within which the Applicant would construct a 28-foot-wide asphalt street with improvements. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachment A. 19 If the rezone proposal is approved, the City's Public Works Department will identify necessary improvements along 94`h Avenue S and the proposed public street to accommodate the development density that would be permitted If the rezone proposal is approved, the proposed rezone of the subject parcel would not in itself generate additional trips onto the transportation system surrounding the subject parcel. Future development of the subject parcel, including short subdivision, would generate additional trips onto the local street system. The City will propose conditions of short subdivision approval that require those improvements. Exhibit 1, Staff Report, pages 8, 10. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA#RPP4-2063617 Page 6 of 9 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record public hearing for a rezone and to issue a written recommendation for final action to the City Council, pursuant to RCW 35A.63.170 and Kent City Code Chapters 2.32, 12.01 and 15.09. Criteria for Review Section 15.09.050(C) of the Kent Zoning Code sets forth the standards and critena the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: 1. The proposed rezone is consistent with the Comprehensive Plan; 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity, 3 The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; and 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions Based on Fmdm�4s 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed rezone to the SR-6 zoning classification will permit development of up to 6 single-family residences per acre on the subject parcel, consistent with the subject parcel's SF-6 Comprehensive Plan designation. Development on the subject parcel supported by the proposed rezone will not exceed a density of 6 single-family residences per acre on the subject parcel. Properties in the vicinity of the subject parcel are also designated SF-6 under the Comprehensive Plan. The proposed rezone would support development of single family residences within the City limits near existing streets and services at a density of at least four units per net developable acre, consistent with Comprehensive Plan Land Use Goals LU-9 and LU-10 and Policies LU-9.1, LU-9.4, and LU-10 4. The proposed rezone would support provision of single-family housing within the City, on smaller lot sizes than in the SR-4 5 zone, with access to urban services, consistent with Housing Element Goals H-2, H-5, and H-7, and Policies H-2.2, H-5.1, H-5.2, and H-7.5. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA #RPP4-2063617 Page 7 of 9 The City's Public Works Department will identify necessary improvements along 94`h Avenue S and the proposed public street to serve development density on the subject parcel supported by the proposed rezone, consistent with Transportation Element Goal TR-1 By identifying necessary improvements, the City will manage access points to residential development, consistent with Transportation Element Policy TR-1.4 Findings 1, 4 - 6, 8, 9, and 11. 2. The proposed rezone and subsequent development of the site is compatible with surrounding development. Within the subject parcel, the proposed rezone will allow for development of up to 6 single-family residential dwelling units per acre and necessary infrastructure to support the dwelling units. Development of up to six residential dwelling units per acre is consistent with the subject parcel's SF-6 Comprehensive Plan designation, which the subject parcel shares with property to the northwest, east and south The neighborhood surrounding the subject parcel is composed of low-to-medium density residential development, ranging in net development density from 3 67 to 6 dwelling units per acre Subsequent development of the site will result in eight dwelling units constructed within the subject parcel, for a net development density of 5 4 dwelling units per acre on the subject parcel. The number of planned dwelling units will not exceed the number currently allowed on the subject parcel by the SR-4 5 zoning classification. The SR-4 5 zoning classification imposes minimum lot width, minimum yard, and maximum building height limitations that are identical to those imposed under the SR-6 zoning classification Properties located in the SR-6 zoning district are located in the vicinity of the subject parcel. Findings 1, 4 - 6, 8, 11 - 13, and 15 3. The proposed rezone will not unduly burden the transportation system in the vicinity with significant unmitigated adverse impacts. If approved, the proposed rezone will not in itself generate additional trips onto the transportation system surrounding the subject parcel. The MDNS associated with the proposed rezone contains a condition to mitigate the environmental impact of the proposal that addresses pedestrian walkway improvement plans in the vicinity of the proposed rezone The proposed rezone is necessary to ensure that sufficient land for subdivision infrastructure is available, including land for roads serving subdivision lots. The City's Public Works Department will identify improvements necessary along 941h Avenue S and the proposed public street to serve future development of the subject parcel and will require those improvements as conditions of development approval. Cost of infrastructure serving the development supported by the proposed rezone would be shared between the short plat development associated with the rezone request, the Estes Short Plat development and the Garrison I1 Short Plat development. The Transportation Element of the Comprehensive Plan has identified local system needs to meet future demands on the local transportation system based on the City's adopted land use designations. Construction of a proposed public street through development supported by the proposed rezone will provide street improvements for the benefit of property to the south of the subject parcel Findings 1, 3, 6, 8— 11, 17- 19. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Bjorgo Rezone #RZ-2006-10, KIVA#RPP4-2 06361 7 Page 8 of 9 4. Circumstances have changed substantially since the establishment of the current zoning district. The subject parcel was classified part of the SR-4.5 zoning district, permitting a density of 4 53 dwelling units per acre, in February 1995. In 2004, the City updated Its Comprehensive Plan, which designates the subject parcel SF-6, allowing up to 6 dwelling units per acre on the subject parcel Nine new projects have been developed in the vicinity of the subject parcel since 2004, ranging in net density from 3 67 to 6 dwelling units per acre Findings 1, 4, 8, 9, and 15. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The City gave adequate notice of the rezone application and the associated public hearing The City reviewed the environmental impact of the rezone proposal and determined that with a condition, the rezone and short plat proposals together would not have a probable significant adverse impact on the environment The proposed rezone to SR-6 Single Family Residential would preserve the single-family residential neighborhood present in the area of the proposed rezone, consistent with the subject parcel's SF-6 Comprehensive Plan designation and the purpose of the SR-6 zoning district. The reduced lot size permitted under the proposed rezone would have little or no impact on views in the immediate vicinity of the proposed rezone Physical conditions on the parcel subject to the rezone application are suitable for development The subject parcel contains no slopes exceeding 20 percent grade, wetlands, surface water bodies, or other sensitive areas City water and sanitary sewer services are available to the subject parcel The proposed rezone is consistent with City Comprehensive Plan Goals and Policies. The proposed rezone would allow for development consistent with the Comprehensive Plan that includes necessary infrastructure within the subject parcel. Fire, police, medical, neighborhood shopping and child care services will be accessible upon development of the subject property The City will require improvements to 94°i Avenue S and a proposed public street to provide access to and from the subject parcel. Findings I —9, 11 —19. tRECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel Number 1822059103 from SR-4.5 to SR-6 be APPROVED Dated this 31st day of January 2007. THEODORE PAUL HUNTER Hearing Examiner S\Permit\Plan\rezone\2006\2063617-2006-10findmgs doc Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Blorgo Rezone #RZ-2006-10, KIVA#RPP4-2063617 Page 9 of 9 COMMUNITY DEVELOPMENT 4^4 Fred N. Satterstrom, Director PLANNING SERVICES Charlene Anderson, AICP, Manager K E N T Phone• 253-856-5454 WASHINGTON Fax- 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 KENT PLANNING SERVICES (253) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF JANUARY 17, 2006 FILE NO: BIORGO REZONE #RZ-2006-10 KIVA#RPP4-2063617 APPLICANT: Anne Bjorgo 2453 361h Avenue W Seattle, WA 98199 RE UEST: A Zoning Map Amendment (Rezone) for one existing tax parcel from SR-4.5 Single Family Residential to SR-6, Single Family Residential. STAFF REPRESENTATIVE: Matt Gilbert, AICP, Planner STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone a 1.84 acre site currently zoned SR-4.5, Single Family Residential to SR-6, Single Family Residential. The site is identified on the City of Kent Comprehensive Plan Map as SF-6 Single Family/6 units per acre. The subject site is comprised of one tax parcel. In conjunction with this application for rezone, the owner has submitted a preliminary short plat application that seeks to subdivide the site into eight residential lots (ref: SP-2005-38; RPSS#2060975). Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 B. Location The subject property is located at 22424 94th Avenue South. The majority of the site is located about 200 feet east of 94th Avenue, behind three other properties which front onto 94th Avenue S that are not part of this proposal. C. Size of Property The subject property is approximately 1.84 acres. i D. Zoning/Comprehensive Plan The property is currently zoned SR-4.5 Single Family Residential. Although immediately abutting properties are zoned SR-4.5, there are several SR-6-zoned properties in the immediate vicinity. The City of Kent Comprehensive Plan designates the site, together with properties to the northwest, east and south, as SF6, Single Family (6 units/acre). Properties to the northeast and west are designated as SF4.5 Single Family (4.5 units/acre). E. Land Use The site of this proposed rezone is currently developed with one house, as well as a detached garage and shed. These buildings will be removed in conjunction with site development. The neighborhood surrounding the Bjorgo site is generally defined by 222"d Street on the north, 228th Street on the south, the Garrison Creek Ravine on the east and the valley hillside on the west. Land zoned either SR-4.5 or SR-6 surrounds the site and low to medium density development generally characterizes the neighborhood with homes on platted and unplatted lots. Since 2004, the following nine development projects in the vicinity of the subject site have been proposed and/or constructed: Aces Acres short plat 2004 Paul Smith short plat 2004 Falkner short plat 2004 Singh (Lakbhir) short plat 2004 Estes short plat 2005 Garrison Reach 2 short plat 2005 Daljit Cove subdivision 2005 Redding Heights tentative subdivision 2006 Kent Crest tentative short plat 2006 Page 2 of 11 Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 The net density of these new developments ranges from 3.67 to 6 units per acre. The applicant has filed an application for short subdivision of this property into 8 lots, yielding a net density of 5.4 units per acre F. History The property is located in the Beck Annexation area which is 218 acres that became part of Kent in February 1995 under ordinance 3210. In the months that followed, zoning of the annexation area was established as R1-9.6, which is the historical designation of the SR 4.5 zone. ' II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment Amending the City's zoning map is considered a "non-project" action under the State Environmental Policy Act (SEPA). However, as an application for preliminary short plat has also been submitted (a "project" action), the environmental impacts associated with both applications were analyzed through the SEPA process A Mitigated Determination of Nonsignificance (ENV-2006-57) was issued on October 271h 2006. One condition related to pedestrian walkway improvements was made part of the MDNS. B. Significant Physical Features Topography, Wetlands and Vegetation The site slopes down to the northeast corner of the site with the steepest slope approximately 20 percent in grade. The applicant has indicated that grading and filling will be balanced so as to maintain the current soil on-site. The vegetation on site consists of evergreen and deciduous trees, grass, and shrubs. The site is primarily covered with grass and scattered landscape trees associated with the existing residential use. Approximately 90% of the site will be cleared for road, utility and home construction. There are no surface water bodies or wetlands on the site. C. Significant Social Features 1. Street System The site of the proposed rezone is located within the East Hill area of the City and takes primary access from 941h Avenue South. 94th Avenue South is classified as a Residential Collector Arterial Street within the City's I Comprehensive Plan. This street is not fully constructed to current street standards. This street has an existing public right-of-way width of about Page 3 of 11 Staff Report Blorgo #RZ-2006-10 KIVA #RPP4-2063617 60 feet, while the asphalt street width is currently about 20 to 22-feet wide. The existing street provides for two narrow lanes of traffic, but does not include the following other street improvement features: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; or a street lighting system. A second public street having frontage along the north, east and south side of the subject development is a proposed Residential Street that will serve three short subdivisions, including the subject development. This looped street, though not currently constructed, will be classified as a Residential Street within the City's Comprehensive Plan. This street will have existing public right-of-way width of at least 50 feet, while the asphalt street width will be 28 feet wide. This new street will provide for two traffic lanes, and will include the following other street improvement features: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; and a PSE-owned street lighting system. The existing asphalt pavement section of 94th Avenue South is inadequate to provide an expected 20-year service life and is in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by the proposed development of this site. 2. Water System Water service is provided by the City of Kent and is currently available. In the future, the owner/subdivider will be responsible for providing water service to each new lot. 3. Sanitary Sewer System Sanitary sewer service is currently provided by the City of Kent and available to serve the site. In the future, the owner/subdivider will be responsible for providing sanitary sewer service to each new lot. 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to construct a stormwater treatment system in accordance with Kent Construction Standards in conjunction with a development proposal. D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan. Page 4 of 11 t Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administration City Attorney Kent Public Works Kent Police Department Kent Parks & Recreation Kent Fire Department Building Official City Clerk King County Environmental Health U.S. Postmaster Washington State Dept. of Ecology Puget Sound Energy Washington State Dept of Transportation Kent School District Qwest King County Transit Div. King County Wastewater Treatment Div. In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. A comment letter regarding the proposed project was received from Sharon and Daniel Nordgren indicating their concerns about compatibility with existing neighborhood density, impacts on Garrison Creek, final site grading impacts, health issues related to the storm pond, stormwater runoff quantity, and erosion caused by increased density per acre. The issues have been addressed in this staff report or will be addressed with subdivision and building review and construction. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents. As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth IManagement Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the City departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent with the plan, as well as guide decision making about the funding and location of the capital improvement projects. Page 5 of 11 Staff Report Biorgo #RZ-2006-10 KIVA #RPP4-2063617 LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents. Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling knits within Kent's Potential Annexation Area. Poles LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately i support urban densities. ■ Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics. Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. Planning Services Comment: The goals and policies of the Land Use element support the proposed rezone. The proposed location is near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, infdl development provides a more efficient means of providing services and enhancing pedestrian mobility. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands Page 6 of 11 i Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 to multifamily residential. Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. Growth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units per net acre to ensure efficient provision of urban services. The zoning district SR-6 allows 6.05 dwelling units per acre and a minimum lot size of 5,700 square feet. HOUSING ELEMENT Goal: Meet the current and future need for housing in the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens. Goal H-2: Promote the organization and enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens. Policy H-2.2: Support housing with appropriate amenities for individuals, families and children. Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land. Policy H-5.1: Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. Page 7 of 11 Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element. Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property. The proposed rezone increases the amount of land zoned for current and projected residential needs including single family housing and smaller lot sizes. TRANSPORTATION ELEMENT Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning. The City's Comprehensive Plan meets this requirement as the planning effort represented in the Transportation Element was closely coordinated with the Land Use Element and accounts for the planned residential densities shown on the Comprehensive Plan Land Use Map. As noted, the Land Use Plan identifies the area of the rezone as SF 6 Single Family Residential. When developed in the future, a new subdivision will include , interconnected roadways and pedestrian facilities. The City's Public Works Department will identify specific improvements which will be necessary along the 94th Avenue South property frontage and on the new internal roadway to serve future development of the property and accommodate the higher density permitted through this rezone. Under the mitigated Determination of Nonsignificance issued for this project, the City's SEPA Responsible Official determined that probable, significant impacts can be mitigated through conditions. B. Standards and Criteria for a Rezone Request The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a Page 8 of 11 Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 rezone. A zoning map amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. ' 1. The proposed rezone is consistent with the Comprehensive Plan. ' Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF 6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to six units per acre, which is also allowed under the Comprehensive Plan. As previously mentioned, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment In terms of the character of expected uses and allowed density, the proposed zoning and subsequent development of the site would be compatible with surrounding development. Several properties zoned and/or built under the SR-6 standards are located immediately northwest and also south of the Bjorgo site. Other surrounding properties are zoned and/or built at SR 4.5 standards. Future development on the subject site will be part of a residential area served by 941h Avenue that is generally defined by 222"d Street on the north, 228th Street on the South, the Garrison Creek Ravine on the east and the valley hillside on the west. This area features low to medium density residential development in subdivisions and on unplatted lots. The character of the area has been changing recently as nine separate subdivisions or short subdivisions have been constructed and/or reviewed by the City in this neighborhood since 2004. The 5.4 units per net acre likely on the Bjorgo site are similar to many of these surrounding new developments which range from 3.67 to 6 units per net acre. The SR 4.5 and SR-6 zones are very similar and compatible. While the allowed ' densities differ slightly, both zones allow medium density development. Further, similarities in development standards for each zone contribute to their compatibility. With the exception of the minimum lot size requirement of 5,700 square feet in the SR-6 zone and 7,600 square feet in the SR-4.5 zone, standards for budding height, setbacks and lot coverage are effectively very similar. Both zones also generally limit uses to single-family residential, small scale home occupations, public facilities and group homes. Page 9 of 11 Staff Report Bjorgo #RZ-2006-10 KIVA #RPP4-2063617 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with sgrnficant adverse Impacts which cannot be mitigated. Planning Services Comment A rezone of this property to SR-6, Single Family Residential will not itself , generate additional trips onto the existing transportation system. However, future development of a subdivision will add trips to the local street system. Upon future development of the site, road and street frontage improvements to meet the City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance. The applicant will be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by future development. The mitigation requirements that will be applied to future development will be consistent with Kent's infrastructure improvement concurrency policies such that development will not unduly burden the local transportation system 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment As noted above, nine development proposals in the neighborhood of the Bjorgo site have either been constructed or are pending City approval pursuant to construction. This surrounding development has, and will continue to change the character of the neighborhood and make infrastructure improvements more financially feasible. These changed circumstances warrant allowing the slightly higher density at the site that is associated with the SR-6 zoning designation. The applicant proposes this rezone to support development of the subject site as envisioned by the Comprehensive Plan. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the goals and policies of the Comprehensive Plan. Subsequent development on the site shall meet applicable codes and regulations, including mitigation of anticipated transportation and environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Page 10 of 11 Staff Report Blorgo #RZ-2006-10 KIVA #RPP4-2063617 V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, City staff recommends APPROVAL of the rezone request without conditions. KENT PLANNING DEPARTMENT January 10, 2006 MG:ch:S:\Permit\Plan\rezone\2006\2063617-2006-10report doc I 1 t Page 11 of 11 1 11 N . 4,1 dilp RM LO 4.V, A;b 7r,F ry 0 AML �r 6w M LC c 4 c lu C4 KENT AA J I I I N 6 TO N CITY OF KENT MITIGATED DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No #ENV-2006-57 Project: BJORGO SHORT PLAT #RPSA-2063618 & REZONE Description The applicant proposes to subdivide a 1.84 acre site into eight(8)single family lots and one storm drainage tract. Access to the new lots will be provided via a new public roadway connected to 94th Avenue South that will interconnect with roadways associated with adjacent short plats that are currently pending. No environmentally sensitive areas are known to exist on the subject site. Concurrent with the application for short plat approval, the applicant has submitted an application to rezone the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential. Location The subject property is located at 22424 941h Avenue South and is identified by King County tax parcel number 1822059103. Applicant Hans Korve DMP, Inc. 726 Auburn Way N Auburn, WA 98002 iLead Agency CITY OF KENT The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An environmental impact statement(EIS) is not required under RCW 43 21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with ' the lead agency. This information is available to the public on request. There is no comment period for this DNS. X This MDNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 28 days from the date of this decision, this includes a 14-day comment period followed by a 14-day appeal period as provided by WAC 197 11 680 Comments must be submitted by ' November 10, 2006 Responsible Official Kim Marousek, AICP Position/Title SEPA OFFICIAL Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone:_(253) 856-5454 Dated October 27, 2006 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. Mitigated DNS Blorgo Short Plat& Rezone #ENV-2006-57 #2063618 CONDITIONS/MITIGATING MEASURES: , 1. The Applicant shall submit and receive approval of Pedestrian Walkway Improvement Plans from the Department of Public Works The Applicant shall then construct those improvements. These plans shall provide for a 6-foot wide vertically separated asphalt walkway conforming to Standard Detail 6- 60, or a 5-foot wide horizontally separated cement concrete sidewalk, from the end of the 5-foot wide sidewalk to the closest bus stop serving Panther Lake Elementary School. At the sole discretion of the Department of Public Works, the Owner / Subdivider may instead pay a regional sidewalk improvement mitigation fee in the amount of $1500 per gross acre to the School Pedestrian Walkways Fund (fund #R20036). S•\Permit\Plan\Env\2006\2063618-2006-57mdns doc CERTIFICATE OF POSTING ' I, Kim Marousek, Responsible Official under the Washington Administrative Code (WAC)Chapter 197-11-788 and 910, and Kent City Code Chapter 1103 410 do hereby declare that the Determination of Nonsignificance,as described in this public notice, was duly posted on by a member of Kent Planning Services, on or near the site described therein. Kim Marousek,AICP,Responsible Official j _ 1 1 t 2of2 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES ICharlene Anderson, AICP, Planning Manager Phone 253-856-5454 KEN T Fax 253-856-6454 WAS HINGTON Address- 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document BIORGO SHORT PLAT AND REZONE #ENV-2006-57 KIVA #RPSA-2063618 Responsible Official: Kim Marousek, AICP Staff Contact: Matt Gilbert, AICP I. PROPOSAL 1 The applicant proposes to subdivide a 1.84 acre site Into eight (8) single family lots and one storm drainage tract. Access to the new lots will be provided via a new public roadway connected to 941h Avenue South that will interconnect with roadways associated with adjacent short plats that are currently pending. No environmentally sensitive areas are known to exist on the subject site. Concurrent with the application for short plat approval, the applicant has submitted an application to rezone the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential. The subject property is located at 22424 94`h Avenue South and is identified by King County tax parcel number 1822059103. II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Construction Standards may require the deeding/ dedication of right-of-way for identified improvements. Compliance with Title 11.03, and 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. Decision Document Blorgo Short Plat and Rezone #ENV-2006-57 KIVA #2063618 In addition to the above, Kent follows revisions to the Washington State Environmental t Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which Implements ESHB 1724 and ESB 6094. III. ENVIRONMENTAL ELEMENTS A. Earth The site slopes down to the northeast corner of the site with the steepest slope approximately 20 percent in grade. According to the King County soil survey, the site is underlain with Alderwood Gravely Sandy Loam. The applicant has indicated that grading and filling will be balanced so as to maintain the current soil on-site. The Applicant shall be required to submit and receive approval of a Detailed Grading Plan from the Department of Public Works for the entire development. These Plans will be required to meet the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. These plans shall include provisions for utilities, roadways, retention / detention ponds / facilities, stormwater treatment facilities, and a building footpad for each building. These plans shall also be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. The Applicant shall be required to submit and receive approval of a Temporary ■ Erosion / Sedimentation Control Plan meeting the requirements of the City of Kent Construction Standards from the Department of Public Works for the entire development. These plans shall be required to reflect the Detailed Grading Plan discussed above and the Detailed Tree Plan meeting the requirements of City of Kent Development Assistance Brochure #3, Detailed Tree Plans, approved by Planning Services. B. Water The proposed project is located in the Mill Creek watershed, which flows into the Green River. There are no surface water bodies or wetlands on the site. Stormwater runoff generated by the proposed development will be from new roadways, residential structures and associated driveways. Storm water will be collected in catch-basins within the roadways and/or tight-lined from residential roof-tops and conveyed to a proposed joint detention facility located off-site to the north, associated with the Estes Short Plat (SP-2005-32). Discharges from this pond will tie into an existing stormwater system and discharge into Garrison Creek. Page 2 of 5 Decision Document Blorgo Short Plat and Rezone #ENV-2006-57 KIVA #2063618 The Applicant shall be required to complete a drainage analysis and develop and submit drainage plans according to the "2002 City of Kent Surface Water Design Manual"and the "1998 King County Surface Water Design Manual." C. Plants The vegetation on site consists of evergreen and deciduous trees, grass, and shrubs. The site is primarily covered with grass and scattered landscape trees associated with the existing residential use. Approximately 90% of the site will be cleared for road, utility and home construction. D. Land and Shoreline Use The subject property is currently zoned SR-4.5, Single Family, and the Comprehensive Plan Land Use designation for the site is SF-6. The proposed rezone to SR-6, Single Family, is consistent with the SF-6 designation. The subject parcel contains an existing home, detached garage and out-buildings L all of which are to be removed in conjunction with site development. Properties surrounding the site are developed with single family homes. E. Transportation The Washington State Legislature created the Commute Trip Reduction (CTR) Law in 1991 with the goals of reducing traffic congestion, air pollution and petroleum consumption This law requires major employers to encourage their employees to use commute alternatives such as transit, carpools, bicycles, walking, compressed work weeks, telecommuting, and flexible work schedules to reduce drive alone commute trips during the peak congestion periods. The City addresses the transit alternative by requiring that the Applicant accommodate the needs for transit as expressed by King County Metro Transit. This development will add an estimated 70 daily and 7 PM peak hour trips to the local street system. This development will cause additional congestion at the following intersections: South 222nd Street and 94th Avenue South South 222"d Street and 93 d Avenue South 93rd Avenue South and South 218th Street South 218th Street and 88th Avenue South 88th Avenue South and South 228th Street The proposed development project is located within the East Hill area of the City and will take its primary access from 94th Avenue South. 94th Avenue South is classified as a Residential Collector Arterial Street within the City's Comprehensive Plan. This street is not fully constructed to current street standards. This street has an existing public right-of-way width of about 60 feet, while the asphalt street width is currently about 20 to 22-feet wide. The existing street provides for two narrow lanes of traffic, but does not include the following Page 3 of 5 Decision Document Bjorgo Short Plat and Rezone #ENV-2006-57 KNA#2063618 other street improvement features: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; or a street lighting system. A second public street having frontage along the north, east and south side of the subject development is a proposed Residential Street that will serve three short subdivisions, including the subject development. This proposed looped street will be classified as a Residential Street within the City's Comprehensive Plan. This street is not currently constructed. This street will have existing public right-of-way width of at least 50 feet, while the asphalt street width will be 28 feet wide. This new street will provide for two traffic lanes, and will include the following other street improvement features: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; and a PSE-owned street lighting system. The existing asphalt pavement section of 94th Avenue South is inadequate to provide an expected 20-year service life and is in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. Streets and roadways, which do not provide adequate capacity for motor vehicles, and streets that have failing pavement sections, result in increased air pollution when compared to streets that comply with current standards and provide adequate capacity and pavement section. Similarly, intersections that do not provide for adequate capacity also increase the levels of air pollution. This development is within an area that is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks / walkways to provide safe travel for school-age pedestrians to and from the closest school bus stop serving Panther Lake Elementary School. According to Don Walkup of the Kent School District, bus-stops are currently located at 22246 94th Avenue South, 22528 94th Avenue South and 22609 94th Avenue South. The applicant will coordinate with the Public Works Department to determine the nearest located appropriate to serve school-aged pedestrians. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act. 2. The State Shoreline Master Program and the Kent Shoreline Master Program. 3. Kent City Code Section 7.07 Surface Water and Drainage code. Page 4 of 5 Decision Document 3jorgo Short Plat and Rezone #ENV-2006-57 KIVA #2063618 4. City of Kent Transportation Master Plan, Green River Valley Transportation action plan and six-year transportation improvement plan. 5. Kent City Code Section 7.09 Wastewater facilities master plan. 6. City of Kent Comprehensive water plan and conservation element. 7. Kent City Code Sections 6.02 010 and 6.02 020 construction standards. 8. Kent City Code Section 6.07 street use permit requirements. 9. Kent City Code Section 14 09 flood hazard protection. 10. Kent City Code Section 12.04 Subdivision Code. 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Parks. 1' 12. Kent City Code Section 8.05 Noise Control. 13. International Building and Fire Codes 14. Kent Zoning Code. 15. Kent City Code Section 7.13 water shortage and emergency regulations and Water Conservation Ordinance 2227. 16. Kent City Code Sections 6.02 and 6.03 required public improvements. 17. Kent City Code Section 7 05 Storm and surface water drainage utility. 18. City of Kent comprehensive sewer plan. 19. City of Kent Fire Master Plan. 20. City of Kent ESA Response Resolution 1605. 21. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Mitigated Determination of Non-Significance (MDNS) be issued for this project with the following conditions: 1. The Applicant shall submit and receive approval of Pedestrian Walkway Improvement Plans from the Department of Public Works. The Applicant shall then construct those improvements. These plans shall provide for a 6-foot wide vertically separated asphalt walkway conforming to Standard Detail 6-60, or a 5-foot wide horizontally separated cement concrete sidewalk, from the end of the 5-foot wide sidewalk to the closest bus stop serving Panther Lake Elementary School. At the sole discretion of the Department of Public Works, the Owner / Subdivider may instead pay a regional sidewalk improvement mitigation fee in the amount of $1500 per gross acre to the School Pedestrian Walkways Fund (fund #R20036). KENT PLANNING SERVICES October 27, 2006 MG:jm'/S:/permit/plan/env/2006/2063618-2006-57 doc Page 5 of 5 Kent City Council Meeting Date March 6, 2007 Category Other Business 1. SUBJECT: PROPOSED KENT EVENTS CENTER—DESIGN AND DEVELOPMENT MILESTONE REPORT AND RECOMMENDATION 2 SUMMARY STATEMENT: In the fall of 2006, Kent City Council authorized L3 million dollars to begin funding the design and development of the proposed Kent Events Center On January 16, 2007, Kent City Council authorized an additional $959,000 00 to continue design development and work with M A Mortenson Construction to determine a detailed cost estimate of construction, based on schematic design from LMN/PBK Architects. 1 The Events Center Citizen's Advisory Committee will recommend a future course of action for council consideration consistent with established project milestones. This recommendation may include an additional funding request to carry the project forward to the next significant milestone. This potential funding request was not finished at the time this agenda item was printed and will be provided to the council and the public at the council workshop on March 6. 3. EXHIBITS: Updated Milestone Calendar 4. RECOMMENDED BY: Kent Events Center Citizen's Advisory Board & Staff (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure" N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds action request will be presented at the City Council meeting. DISCUSSION: t ACTION: Council Agenda Item No 713 1 KENT EVENTS CENTER DRAFT TIMELINE TARGET BATE Project Manager Selection Summer 2006 ✓ 1 EIS Consultant Selection Summer 2006 ✓ 1 Architect Selection Early Fall 2006 ✓ Architect's Preliminary Budget Confirmation December 2006 1 Select General Contractor (GC/CM) Late Fall 2006 Select Operator Consultant Fall 2006 ✓ 1 Finalize Thunderbirds Lease Terms Fall 2006 1 Finalize Thunderbirds Interim Agreement Fall 2006 ✓ Contractor's Cost Est. #1 (based on Schematics) Winter 2007 1 Issue Draft EIS Winter 2007 1 Issue Final EIS Late Spring 2007 City Council Zoning Approval (Special Use Combining District) Late Spring 2007 Materials Payment May 2007 Sign MACC (Guaranteed Max Price) for Construction Late Spring 2007 Complete Construction Documents (Site/Foundations) Late Spring 2007 1 Construction START Late Spring 2007 1 Event Center Opening (Drop the Puck) October 2008 Note that these are key benchmark/gateway decision points 1 1 1 1 1 3/1/2007 I IREPORTS FROM STANDING COMMITTEES AND STAFF A COUNCIL PRESIDENT B MAYOR C. OPERATIONS COMMITTEE i D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT, COMMITTEE F. PUBLIC SAFETY COMMITTEE `7 / 1 3- G. PUBLIC WORKS 3 5 42rh H. ADMINISTRATION �- (p Cl 4A - REPORTS FROM SPECIAL COMMITTEES i 1 t KEN T W A S H I N O T O N OPERATIONS COMMITTEE MINUTES FEBRUARY 6, 2007 Committee Members Present: Tim Clark, Chair, Deborah Ranniger and Debbie Raplee The meeting was called to order by Tim Clark, Chair at 4:02 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 16, 2006 ' Debbie Raplee moved to approve the minutes of the January 16, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. ' 2. APPROVAL OF VOUCHERS DATED JANUARY 15, 2007, AND JANUARY 31, 2007 Finance Director Robert Nachlinger presented the vouchers for January 15, 2007, and January 31, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated January 15, 2007, and IJanuary 31, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. BUDGET ADJUSTMENT TO REPLACE PATROL VEHICLE Acting Public Works Fleet Superintendent Brad Haydock presented the budget adjustment to replace patrol vehicle. Mr Haydock advised that December 06, 2006, police vehicle 3882B was involved in an accident in which the repair costs exceed the cost of the vehicle This vehicle was only two (2) months old We would like to replace this vehicle this calendar year rather than wait the three (3) year life cycle. The vehicle rates are such that the police cars take 3 years of ' payments to accrue the cost of a new replacement police car. Since this car is brand new the Police Department will be burdened with 3 years of rates without a usable vehicle before there is enough money in the fund to replace the car. Mr. Haydock advised that the General Fund adjustment increasing the Police Departments General Fund by $28,753. Debbie Raplee moved to recommend Council approve a budget adjustment increasing the Police Departments General Fund by $28,753 to replace a wrecked police vehicle.. Deborah Ranniger seconded the motion, which passed 3-0. 4. KENT AQUATIC AND COMMUNITY CENTER PROGRAMMING AND CONCEPTUAL DESIGN AGREEMENT Parks Director Jeff Watling presented the Kent Aquatic and Community Center Programming and Conceptual Design Agreement Mr Watling advised that in 2003 the City of Kent took over operations and maintenance of the King County pool, which is in need of replacement. The City sought a Request For Quote ("RFQ") to design a new aquatic center and five (5) design teams responded to the RFQ on December 12th and 13rh, 2006. Barker Rinker Seacat Architecture, who are nationally recognized, was selected by the interview panel to complete programming and up to 30% of schematic design for the proposed Kent Aquatic and Community Center in the amount ' of $113,000.00. If the city decides to proceed to 1000/a design documents, an additional contract will be necessary. The Committee had questions and Mr. Watling responded. Operations Committee Minutes February 6, 2007 ' Page. 2 Deborah Ranniger moved to recommend authorizing the Mayor to enter into an agreement with Barker Rinker Seacat Architecture for programming and conceptual design of the proposed Kent Aquatic and Community Center for the amount of $113,000.00, upon review by City Attorney. Debbie Raplee seconded the motion, which passed 3-0. S. INTERLOCAL AGREEMENT WITH COVINGTON RELATING TO FIRE MARSHAL ' ADMINISTRATIVE SERVICES Fire Chief Jim Schneider presented the Interlocal Agreement with the City of Covington Relating ' to Fire Marshal Administrative Services Chief Schneider advised that 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 Interlocal Agreement would allow the Kent Fire Department to provide full Fire Marshall , 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 IRC. The revenue funds to be accrued of approximately $66,000 have been identified to assist with the funding of a , new Battalion Chief position. Debbie Raplee moved to recommend Council, at its February 6, 2007, meeting under Consent Calendar, authorize the Mayor to sign the Interlocal Agreement between the Cities of Kent and Covington relating to Fire Marshal administrative services. Deborah Ranniger seconded the motion, which passed 3-0. 6. BUDGET AMENDMENT TO CREATE NEW BATTALION CHIEF POSITION Fire Chief Jim Schneider presented the Budget Amendment to create a new Battalion Chief , position. Chief Schneider advised that 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. Chief Schneider advised that there would be a $131,850 offset by revenue from Interlocal Agreements with the City of Covington. Deborah Ranniger moved to recommend Council, at its February 6, 2007 meeting under , Consent Calendar, 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. Debbie Raplee seconded the motion, which passed 3-0. r ' Operations Committee Minutes February 6, 2007 Page. 3 r 7. HOMELAND SECURITY SUB-GRANT AGREEMENT WITH KING COUNTY OFFICE OF rEMERGENCY MANAGEMENT Fire Chief Jim Schneider presented the Budget Homeland Security Sub-grant Agreement with r King County Office of Emergency Management. Chief Schneider advised 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, r within Zone 3, to become compliant with Homeland Security Presidential Directive - S. The training has been scheduled for February 12-17, 2007 at fire station #73, 26512 Military Road So. Chief Schneider advised that there is no budget impact to enter into this agreement. The rCommittee had questions and Chief Schneider responded. Debbie Raplee moved to recommend Council, at its February 6, 2007, meeting under Consent Calendar, accept and authorize the Mayor to sign the Homeland Security Sub- grant Agreement between the City of Kent and King County Office of Emergency Management. Deborah Ranniger seconded the motion, which passed 3-0. r ' The meeting was adjourned at 4:26 p.m. rRenee Cameron Operations Committee Secretary r r r r r r r r r PUBLIC WORKS COMMITTEE MINUTES February 05, 2007 ITEM 1 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5.05 p.m ITEM 1- Approval of Minutes Dated January 22, 2007 Committee Member Clark moved to approve the minutes of January 22, 2007. The motion was seconded by Harmon and passed 3-0. ITEM 2— Consultant Services Agreement/Earth Tech Inc. Peter Tenerelli, Construction Engineering Manager, explained that the consultant service agreement with Earth Tech, Inc., is needed on an interim basis, for a Project Coordinator to handle the day to day duties of the position until a job search can be done to fill the position of Project Coordinator, in the Construction section of Public Works. Harmon moved to recommend authorization for the Mayor to sign the Earth Tech, Inc. Consultant Services Agreement in the amount not to exceed $49,250, upon concurrence of ' the language therein by the City Attorney and Public Works Director. The motion was seconded by Clark and passed 3-0. ITEM 3 — Sound Transit Transportation Amendment — Pioneer Street Tim LaPorte, City Engineer gave a brief summary explaining that the City has completed all of the improvement projects required under the agreement, as amended, except for the half-street improvements on 1" Avenue N. and believes it is in the best interests of the Parties and the public to defer the completion of that project until development plans for the immediate area is further considered and coordinated by the City. This third amendment is to clarify and settle the obligations and payments for the completed work. A brief discussion ensued regarding the two houses on Pioneer I St. Clark moved to recommend authorization for the Mayor to sign the Third Amendment to the Transportation Improvement Agreement between the Central Puget Sound Transit Authority and the City of Kent for the amount of $76,063.18. The motion was seconded by Harmon and passed 3-0. ITEM 4— Ordinance/Establish Weight Limit/Pavement Analysis Report — Kent Kangley Road Larry Blanchard, Public Works Director briefly went over the background regarding the reason for establishing weight limits on Kent Kangley Road He briefly went over HWA Geosciences Inc., Pavement Analysis Report. After thorough review we are now ready to establish the weight limit on Kent Kangley Road. Harmon moved to recommend the approval of an ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.36.070 of the Kent City Code, entitled "Vehicle weight restrictions," to add a new subsection which restricts the operational maximum gross vehicle weight allowed on approximately a one-mile portion of Kent-Kangley road, from SE Summit Landsburg Road to 262nd Avenue SE, to 26.25 tons or 52,500 pounds until the road is repaired and designate it as a public emergency ordinance. The motion was seconded by Clark and passed 3-0. Page 1 of 2 U\PWCommittee\Mmutes\PWMlnutes 02 05 07 doc PUBLIC WORKS COMMITTEE MINUTES February 05, 2007 ' ITEM 5 — Information Only/Environmental Brochure Mike Mactutis, Environmental Engineering Manager, gave a brief introduction and noted that this project took two years. Mike then introduced Robyn Bartelt, the C1ty's Conservation Specialist. Robyn, gave a brief PowerPoint presentation showcasing Kent's Natural Resources Brochure. If you have questions or would like more information about the topics discussed in the booklet, please contact, City of Kent Public Works, Environmental Engineering (253)856-5500 or e-mail recycle Information Only No Motion Required ITEM 6—Information Only/How Well is Public Works Performing Customer Service - Survey Larry Blanchard, Public Works Director, gave a brief PowerPoint presentation on Public Works Focus on the Customer. He went over the infrastructure, what the survey section is responsible for noting that this is a service oriented division that is responsible for a wide variety of projects; 228th corridor, Lake Meridian Outlet as well as special projects for the police department. He also went over customer focus and expectations, and a sample of survey questions. Blanchard encouraged committee members to forward questions they may have. Information Only No Motion Required , ITEM 07 — Information Only/Follow-up to Committee Inquiries Meeting with Sand & Gravel and Asphalt Companies The meeting is scheduled for February 8, 2007. Speed Study — 114th Avenue SE Larry Blanchard, Public Works Director, showed a video of the new speed humps. Steve Mullen, was happy to report that two speed studies were completed. He noted that the 85% percentile speed were consistent. ' Are bicycle improvements included along the following streets? East Valley Highway — S. 224th to S. 212th - Combined pedestrian/bike Military Road - S. 268th Street — Bicycle lane both directions SE 248th Street @ 101-` Place — Bicycle lane both directions 282nd Street — Report to be done & brought back at later date. Country Club Estates - Report to be done & brought back at later date. Adjourned: The meeting was adjourned at 6:05 p.m. Next Scheduled Meeting for: The next regularly scheduled meeting will be cancelled due to the Holiday for the meeting on Monday, February 19, 2007 at 5:00 p.m., and in it's place a Special Meeting is scheduled for Monday, February 26th, 2007 @ 5:00 PM. Cheryl Viseth, 1 Public Works Committee Secretary Page 2of2 U\PWCommittee\M,nutes\PWMinutes 02 05 07.do[ 1 CONTINUED COMMUNICATIONS 1 A. c az 1 I 1 1 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION