HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/20/2007 1
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City of Kent
CityCouncil Meeting
Agenda
1 March 20, 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 20, 2007
W A 5 H I N G T G N Council Chambers
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. Aquatic and Community Center Jeff Watling 45 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE o�/ ✓)
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF OB lJ
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 / Public Safety Report
D. Introduction of Appointee
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A Minutes of Previous Meeting—None
B. Payment of Bills —Approve
C. Interagency Agreements with Seattle-King County Public Health for Paramedic
and Medic Units—Authorize
D. Washington School Information Processing Cooperative Interlocal Agreement—
Authorize
E. Mandatory Garbage Pick Up Ordinance—Adopt 83�
(Continued)
COUNCIL MEETING AGENDA CONTINUED
F. Proposed LID 362, East Valley Highway, SR167-S 2121" St., Resolution Setting
Public Hearing Date—Adopt J'7gl
G. King Conservation District Grant Agreement, Riverview Park—Authorize
H. Corps of Engineers Design Agreement, Riverview Park—Authorize
I. Soos Creek Sewer& Water District Agreement for Utility Relocation at Upper
Meridian Valley Creek Culvert Replacement Project— Authorize
J. Kiwanis Club Donation—Accept
K. Kiwanis Club Donation—Accept
L. Washington Association of Sheriffs and Police Chiefs Traffic Safety Grant—
Accept
M. Surplus Police Vehicles (2)—Authorize
N. Kent Diversity Advisory Board Appointment—Approve � �'"
7. OTHER BUSINESS 3
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g •
s. BIDS,
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND 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
1 at1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
1 B) FROM THE PUBLIC
i
1
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) PUBLIC SAFETY REPORT
D) INTRODUCTION OF APPOINTEE
CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through N.
Discussion
Action
6A. Approval of Minutes
The minutes for March 6, 2007, are not available.
6B. Approval of Bills.
Approval 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 Checks 604430-605110 3,641,965 71
Use Tax Payable 2381 09
$5,371,576 35
Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 2007
Date Check Numbers Amount
2/20/07 Checks 295902-296177 $ 214,636 93
2/20/07 Advices 208988-209684 1,302,083 72
Total Regular Payroll $1,516,270 65
Approval of payment of the bills received through February 28 and paid on February 28 after auditing by the
Operations Committee on March 6,2007
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/28/07 Wire Transfers 2749-2763 $1,233,375 60
2/28/07 Regular Checks 605111-605332 1,589,700 75
Use Tax Payable 86238
$2,823,938 73
Approval of checks issued for paw for February 16 through February 28 and paid on March 5,2007.
Date Check Numbers Amount
3/5/07 Checks 296178-296439 $ 186,016 22
3/5/07 Advices 290685-210381 1,318,920 93
Total Regular Payroll S 1,504,937 15
Council Agenda
Item No. 6 A-B
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: INTERAGENCY AGREEMENTS WITH SEATTLE-KING
COUNTY PUBLIC HEALTH FOR PARAMEDIC AND MEDIC
UNITS — APPROVE
I 2. SUMMARY STATEMENT: Authorize the Mayor to sign two (2) Inter-agency
Lease Agreements with Public Health, Seattle-King County.
These updated agreements were entered into based upon the need for paramedic units in
the Valley area (Station 76), and the medic unit at Station 75 (near Soos Creek). The
attached agreements are identical to the previous agreements except the monthly lease
fee was increased by CPI and the term of the agreements was extended for one (1) year.
The attached agreements have received approval from the City Attorney's office.
3. EXHIBITS: Inter-agency lease agreements
4. RECOMMENDED BY: Staff and Public Safety Committee 3/13/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? $19,604
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
�v
INTER-AGENCY LEASE AGREEMENT #1453
This LEASE AGREEMENT is entered into this 1st day of January, 2007 between THE
CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING
COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement
for the use of approximately 1367 square feet at 15635 S.E. 272nd Street., Kent, WA,
hereinafter called the "FACILITY" for the stationing of a paramedic unit operated by the King
County Emergency Medical Services Division.
WHEREAS, the King County Emergency Medical Services Master Plan recommended that a
paramedic unit be continued in the East Hill area to maintain current levels of paramedic
service, and a location analysis has demonstrated that the fire station at the above address
provides optimal paramedic response.
WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle,
and equipment and supplies necessary to provide the additional paramedic services.
WHEREAS, the City desires to utilize King County's Emergency Medical Services
Programs.
NOW THEREFORE, the parties mutually agree as follows:
1. DESCRIPTION OF LEASED PREMISES:
I. Leased Space - 15635 SE 272n1 Street., Kent, WA
a. Garage space of approximately 960 square feet for two (2) paramedic
vehicles including floor drains and automatic garage door openers;
b. Sleeping space totaling 407 square feet consisting of two (2) 1 F x 14'6"
sleeping rooms with three (3) beds each. The sleeping quarters include
eleven (11) built-in lockers (7 feet high x 2 feet wide x 23 inches deep)
available for use by the COUNTY. Each bed will be supplied with
mattress, mattress pad, bed spread and two (2) blankets;
1
1. DESCRIPTION OF LEASED PREMISES:
1. Leased Space - 15635 SE 272nd Street, Kent, WA
C. 1367 total square feet - See Exhibit "A", attached hereto and made a
part hereof.
II. Space Shared By The CITY And The COUNTY
a. Bathroom/shower facilities for both sexes shared with Kent Fire
Department personnel;
b. Office space including a desk and chair;
C. Kitchen facilities, dining and day rooms shared with Kent Fire
Department personnel;
d. Exercise room and equipment shared with Kent Fire Department
personnel;
e. Facilities for fueling of paramedic vehicles.
2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
I. Basic Services
a. Heating and Lighting - Heating, lighting and cooling will be provided by
the CITY for the FACILITY and those services will be available on a 24
hour basis.
b. Standby Power - The FACILITY will have an emergency generator
available to provide backup power to the building to any area in the
building.
C. Waste - The CITY will provide a waste receptacle and collection service
for all waste; EXCEPT, that the COUNTY shall be responsible for
disposal of all contaminated medical waste.
d. Storage Space - The CITY will provide storage space for limited storage
of non "controlled" operation supplies.
2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
2
I. Basic Services
e. Meeting Room — The CITY will provide a meeting room of 600 square
feet at no cost, following established Fire Department system for room
scheduling.
3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY
I. General Services
a. Paramedic Unit - The COUNTY will station a paramedic unit staffed
with two (2) paramedics in the FACILITY.
b. Security - The COUNTY agrees to maintain all pharmaceutical supplies,
including controlled substances, under mutually agreed upon methods of
security and accessible only by COUNTY personnel.
C. Maintenance - The COUNTY agrees to require all COUNTY personnel
assigned to the FACILITY to participate in the daily, weekly
housekeeping duties and other periodic cleaning of the FACILITY
(building and grounds) in cooperation with Kent Fire Department
personnel.
d. Special Conditions - The COUNTY further agrees that any problems or
issues that arise involving personnel or operations of the respective
agencies will be handled as set forth in Exhibit B of this agreement,
attached hereto and made a part hereof.
4. RENT
I. The COUNTY agrees to pay the CITY $816.85 per month, effective January 1,
2007, for space and other systems and services described in Item 1 above. The
monthly rate will be adjusted annually based upon the increase in the Consumer
Price Index for Seattle and shall become effective the first day of January for
each subsequent year of this lease. From the monthly rental, $230.60 each
month will be placed in the City/Local 1747 Physical Fitness Program Fund.
The remainder will be utilized in the operational or capital fund as the City
deems appropriate.
3
5. TENANT IMPROVEMENTS
I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to
meet the COUNTY'S needs, including but not limited to alarm notification and
lighting equipment, telephone and computer systems, security (locks) systems.
a. All such modifications shall be made by the CITY with the prior written
approval of the King County Emergency Medical Services Division
Manager and shall be consistent with the FACILITY'S standards as
determined by the CITY. Signatures of both parties are required upon
completion of the improvements to show that all improvements have
been completed to the satisfaction of both parties.
b. Payment for the identified modifications shall be in addition to monthly
payments provided for herein. Any additional costs for changes to the
original plan will require prior approval by the COUNTY. All
payments shall be made within 30 days of receipt of an invoice by the
COUNTY.
C. Any tenant improvements made subsequent to this agreement shall be
made by or with the approval of the CITY with the prior written
approval of the King County EMS Division Manager and shall be
entered as an Exhibit to this agreement.
d. The COUNTY agrees to reimburse the CITY for all direct and indirect
costs incurred by the CITY for repair and replacement of CITY property
which is lost, destroyed or damaged (normal wear and tear excepted) to
the extend of such loss, destruction, or damage is caused by equipment
or employees of the COUNTY.
e. The COUNTY agrees that at the termination of this agreement to
reimburse the CITY for the restoration of systems which where modified
for the benefit of the Medics.
i
t
4
6. TERM
I. This Lease Agreement is for one (1) years beginning January 1, 2007 and
expires December 31, 2007. This agreement may be terminated annually for
lack of funding. (See attached addendum "A")
II. Termination for Other Causes:
a. This Agreement is subject to termination upon Ninety (90) days written
notice by the COUNTY should:
ji. The CITY fail to comply with the terms and conditions express
herein;
ii. The CITY fails to provide work or services expressed herein.
b. This Agreement is subject to termination upon ninety (90) days written
notice by the CITY should:
i. The COUNTY fail to comply with the terms and conditions of
this agreement.
ii. If, in the judgement of the City the relationship is no longer
compatible with the organizational philosophy or values of the
Fire Department, or the City determines that leasing space
pursuant to this agreement does not serve the interest of the City.
III. Changes:
a. Either party may request changes in the services to be performed or
provided hereunder. Proposed changes which are mutually agreed upon
shall be incorporated by written amendment to this agreement signed by
both parties.
7. HOLD HARMLESS AND INDEMNIFICATION
1. The COUNTY agrees to assume responsibility for all liabilities that occur or
arise in any way out of occupancy of the rented space at the FACILITY, and to
save and hold harmless the CITY, its employees and officials, harmless from all
claims, causes of action, costs, expenses, loses and damages, including the cost
of defense, incurred as a result of any negligent actions or omissions of the
COUNTY, its agents, officers, or employees arising out of or relating to the
performance of this agreement.
7. HOLD HARMLESS AND INDEMNIFICATION
5
II. The CITY agrees to assume responsibility for all liabilities that occur or arise in
any way out of the performance of this agreement by its agents, officers, or
employees, and to save and hold harmless the COUNTY, its employees and
officials, from all claims, causes of action, costs expenses, loses and damages,
including the costs of defense, incurred as a result of any negligent acts or
omissions of the CITY, its agents, officers, or employees arising out of or
relating to the performance of this agreement.
8. INSURANCE
I. The CITY understands that the COUNTY is self-insured. The County shall j
provide the CITY with proof of said insurance upon request.
9. NOTICES
I. Official notice under this lease shall be given as follows:
To City:
City of Kent Fire Department
24611 116th Ave. S.E.
Kent WA 98030
To County:
King County Real Property Division
500A Administration Building
500 Fourth Avenue
Seattle WA 98104
6
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
LESSOR: CITY OF KENT LESSEE.- PUBLIC HEALTH,
FIRE DEPARTMENT SEAT I G COUNTY
BY: BY:
Dorot y eeter
TITLE: MAYOR TITLE: MHO INTERIM
_ DIRECTOR
DATE: DATE: /Z/G/t
APPROVED AS TO FORM: APP OVED AS TO FORM`:
BY:
City of Kent Attorney Deputy Prosecuting Attorney
DATE: DATE:
BY: �� lzy�✓� --
Manag6 Property
Services Division
DATE: (�
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EXHIBIT B
Special Conditions
Interagency Cooperation
a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will
coordinate the station activities and issues with the Station Officer, including but not
limited to regular maintenance of the FACILITY by on-duty personnel
b. The COUNTY agrees that when issues, conflicts or problems arises, the Station
Officer and the designated COUNTY employee shall attempt to resolve the matter at
their level. If the matter is unable to be resolved at that level it shall be taken to the
next level of the respective chains of command, up to and including the Fire Chief for
the CITY and the Manager of the King County Emergency Medical Services Division
for the COUNTY.
C. The COUNTY recognizes the importance of the organizational philosophy and values
i of the CITY and agrees to cooperate with the CITY to support those values. The
■ COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as
discussed and agreed to by the Fire Chief and Manager of the King County Emergency
Medical Services Division.
Date: Date: /L
7!Approved: Approve
Suzette Cooke, Mayor Dorothy F. Teeter, MHO
' City of Kent Interim Director
Public Health, Seattle-King
County
8
zor
ADDENDUM "A"
The County's obligations to Lessor, if any,that extend beyond the current calendar year
are contingent upon approval of the lease by the King County Council or appropriatioa by
the King County Council of sufficient funds to pay such obligations. Should such
approval or appropriation not occur, this lease and all County obligations hereunder will
terminate at the end of the current calendar year in which such approval or appropriation
expires.
INTER-AGENCY LEASE AGREEMENT #1584
This LEASE AGREEMENT is entered into this 1st day of January, 2007 between THE
CITY OF KENT as LESSOR, hereinafter referred to as "THE CITY" and KING
COUNTY, a political subdivision of the State of Washington, as LESSEE, hereinafter
referred to as "COUNTY".
WITNESSETH
WHEREAS, the CITY and the COUNTY both desire to enter into a certain Lease Agreement
for the use of approximately 1280 square feet at 20676 72'' Ave So., Kent, WA, hereinafter
called the "FACILITY" for the stationing of a paramedic unit operated by the King County
Emergency Medical Services Division.
WHEREAS, the King County Emergency Medical Services Master Plan recommended that a
paramedic unit be continued in the Valley area to maintain current levels of paramedic service,
and a location analysis has demonstrated that the fire station at the above address provides
quality paramedic response and allows for the further review of actual response patterns.
WHEREAS, King County can provide additional paramedic personnel, paramedic vehicle,
and equipment and supplies necessary to provide the additional paramedic services.
WHEREAS, the City desires to utilize King County's Emergency Medical Services
Programs.
NOW THEREFORE, the parties mutually agree as follows:
r1. DESCRIPTION OF LEASED PREMISES:
I. Leased Space - 20676 72nd Ave So., Kent, WA
a. Garage space of approximately 480 square feet for one (1) paramedic
vehicles including floor drains and automatic garage door openers;
additional outside vehicle storage with electrical supply for an additional
Medic vehicle.
b. Sleeping space totaling 800 square feet consisting of two (2) 11' x 14'6"
sleeping rooms with one (1) bed each. The sleeping quarters include
several built-in lockers available for use by the COUNTY.
1
1. DESCRIPTION OF LEASED PREMISES:
I. Leased Space — 20676 72"d Ave So., Kent, WA
C. A total of 1280 square feet of interior space and two (2) exterior parking
spaces for reserve Medic vehicles in addition to the parking spaces as
needed for staff.
II. Space Shared By The CITY And The COUNTY
a. Bathroom/shower facilities for both sexes shared with Kent Fire
Department personnel;
b. Office space including a desk and chair;
C. Kitchen facilities, dining and day rooms shared with Kent Fire
Department personnel;
d. Exercise room and equipment shared with Kent Fire Department
personnel; i
e. Facilities for fueling of paramedic vehicles. s
2. GENERAL SERVICES OR CONDITIONS PROVIDED BY THE CITY
1. Basic Services
a. Heating and Lighting - Heating, lighting and cooling will be provided by
the CITY for the FACILITY and those services will be available on a 24
hour basis.
b. Standby Power - The FACILITY will have an emergency generator ,
available to provide backup power to the building to any area in the
building.
C. Waste - The CITY will provide a waste receptacle and collection service
for all waste; EXCEPT, that the COUNTY shall be responsible for
disposal of all contaminated medical waste.
d. Storage Space - The CITY will provide storage space for limited storage
of non "controlled" operational supplies.
3. GENERAL SERVICES OR CONDITIONS PROVIDED BY KING COUNTY
2
I. General Services
a. Paramedic Unit - The COUNTY will station a paramedic unit staffed
with two (2) paramedics in the FACILITY.
b. Security - The COUNTY agrees to maintain all pharmaceutical supplies,
including controlled substances, under mutually agreed upon methods of
security and accessible only by COUNTY personnel.
C. Maintenance - The COUNTY agrees to require all COUNTY personnel
assigned to the FACILITY to participate in the daily, weekly
housekeeping duties and other periodic cleaning of the FACILITY
(building and grounds) in cooperation with Kent Fire Department
personnel.
d. Special Conditions - The COUNTY further agrees that any problems or
issues that arise involving personnel or operations of the respective
agencies will be handled as set forth in Exhibit A of this agreement,
attached hereto and made a part hereof.
4. RENT
I. The COUNTY agrees to pay the CITY $816.85 per month, effective January 1,
2007, for space and other systems and services described in Item 1 above. The
monthly rate will be adjusted annually based upon the increase in the Consumer
Price Index for Seattle and shall become effective the first day of January for
each subsequent year of this lease. From the monthly rental, $230.60 each
' month will be placed in the City/Local 1747 Physical Fitness Program Fund.
The remainder will be utilized in the operational or capital fund as the City
deems appropriate.
3
i
5. TENANT IMPROVEMENTS
I. The COUNTY agrees to pay all costs incurred in modifying the FACILITY to
meet the COUNTY'S needs, including but not limited to alarm notification and
lighting equipment, telephone and computer systems, security (locks) systems.
a. All such modifications shall be made by the CITY with the prior written
approval of the King County Emergency Medical Services Division
Manager and shall be consistent with the FACILITY'S standards as
determined by the CITY. Signatures of both parties are required upon
completion of the improvements to show that all improvements have
been completed to the satisfaction of both parties.
b. Payment for the identified modifications shall be in addition to monthly
payments provided for herein. Any additional costs for changes to the
original plan will require prior approval by the COUNTY. All
payments shall be made within 30 days of receipt of an invoice by the
COUNTY.
C. Any tenant improvements made subsequent to this agreement shall be
made by or with the approval of the CITY with the prior written
approval of the King County EMS Division Manager and shall be
entered as an Exhibit to this agreement.
d. The COUNTY agrees to reimburse the CITY for all direct and indirect
costs incurred by the CITY for repair and replacement of CITY property
which is lost, destroyed or damaged (normal wear and tear excepted) to
the extend of such loss, destruction, or damage is caused by equipment
or employees of the COUNTY.
e. The COUNTY agrees that at the termination of this agreement to restore
the classroom, office space and entry areas to the high quality condition
they were in originally. This will include removing tenant
improvements, refinishing walls, ceilings, replacing carpet, restoring the
alarm system, etc.
4
6. TERM
I. This Lease Agreement is for one (1) year beginning January 1, 2007 and
expires December 31, 2007. This agreement may be terminated annually for
lack of funding. (See attached addendum "A")
H. Termination for Other Causes:
a. This Agreement is subject to termination upon Ninety (90) days written
notice by the COUNTY should:
i. The CITY fail to comply with the terms and conditions express
herein;
ii. The CITY fails to provide work or services expressed herein.
b. This Agreement is subject to termination upon ninety (90) days written
notice by the CITY should:
i. The COUNTY fail to comply with the terms and conditions of
this agreement .
ii. If, in the judgement of the City the relationship is no longer
compatible with the organizational philosophy or values of the
Fire Department, or the City determines that leasing space
pursuant to this agreement does not serve the interest of the City.
III. Changes:
a. Either party may request changes in the services to be performed or
provided hereunder. Proposed changes which are mutually agreed upon
shall be incorporated by written amendment to this agreement signed by
both parties.
7. HOLD HARMLESS AND INDEMNIFICATION
I. The COUNTY agrees to assume responsibility for all liabilities that occur or
arise in any way out of occupancy of the rented space at the FACILITY, and to
save and hold harmless the CITY, its employees and officials, harmless from all
claims, causes of action, costs, expenses, loses and damages, including the cost
of defense, incurred as a result of any negligent actions or omissions of the
COUNTY, its agents, officers, or employees arising out of or relating to the
performance of this agreement.
5
7. HOLD HARMLESS AND INDEMNIFICATION
II. The CITY agrees to assume responsibility for all liabilities that occur or arise in
any way out of the performance of this agreement by its agents, officers, or
employees, and to save and hold harmless the COUNTY, its employees and
officials, from all claims, causes of action, costs expenses, loses and damages,
including the costs of defense, incurred as a result of any negligent acts or
omissions of the CITY, its agents, officers, or employees ansing out of or
relating to the performance of this agreement.
8. INSURANCE
I. The CITY understands that the COUNTY is self-insured. The County shall
provide the CITY with proof of said insurance upon request.
9. NOTICES
I. Official notice under this lease shall be given as follows:
To City: ,
City of Kent Fire Department
24611 116th Ave. S.E.
Kent WA 98030
To County:
King County Real Property Division
500A Administration Building
500 Fourth Avenue
Seattle WA 98104
6 1
t
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
LESSOR: CITY OF KENT LESSEE:,/" PUBLIC HEALTH,
FIRE DEPARTMENT SEATfL ` COUNTY
BY: BY: 1 felt
Dord y F. Teeter
TITLE: MAYOR TITLE: INTERIM
DIRECTOR
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY: BY:
City of Kent Attorney KING COUNTY,
WASHINGTON
DATE: DATE:
BY:
Man4er Property
Services Division
DATE:
i
f
EXHIBIT A
Special Conditions
Interagency Cooperation
a. The COUNTY agrees to designate one (1) paramedic on each duty shift who will
coordinate the station activities and issues with the Station Officer, including but not
limited to regular maintenance of the FACILITY by on-duty personnel
b. The COUNTY agrees that when issues, conflicts or problems arises, the Station
Officer and the designated COUNTY employee shall attempt to resolve the matter at
their level. If the matter is unable to be resolved at that level it shall be taken to the
next level of the respective chains of command, up to and including the Fire Chief for
the CITY and the Manager of the King County Emergency Medical Services Division
for the COUNTY.
C. The COUNTY recognizes the importance of the organizational philosophy and values
of the CITY and agrees to cooperate with the CITY to support those values. The
COUNTY further agrees to abide by Kent Fire Department Policies and Procedures as
discussed and agreed to by the Fire Chief and Manager of the King County Emergency
Medical Services Division.
Date: Date:
Approved: Approved:
Suzette Cooke, Mayor Dorothy F. Tee r, MHO
City of Kent Interim Director
Public Health, Seattle-King
County
8
ADDENDUM "A"
The County's obligations to Lessor, if any,that extend beyond the current calendar year
are contingent upon approval of the lease by the King County Council or appropriation by
the King County Council of sufficient funds to pay such obligations_ Should such
1 approval or appropriation not occur, this lease and all County obligations hereunder will
terminate at the end of the current calendar year in which such approval or appropriation
expires.
1 •
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: WASHINGTON SCHOOL INFORMATION PROCESSING
COOPERATIVE INTERLOCAL AGREEMENT —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign an Interlocal Agreement
with Washington School Information Processing Cooperative (WSIPC) to allow the
City to purchase from vendors using the WSIPC contract and prices when it is
advantageous for the City to do so.
The Washington School Information Processing Cooperative (WSIPC) has engaged
several computer Hardware, Software, and Services Vendors in purchasing contracts
and agreements with very favorable pricing and terms through their own bidding
process.
3. EXHIBITS: Memo and proposed Interlocal Agreement
4. RECOMMENDED BY: Staff and Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1 DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
INFORMATION TECHNOLOGY
Paul Dunn, Technical Services Manager
Phone: 253-856-4611
KENT Fax: 253-856-4700
W A, H i N G T O N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
March 6, 2007
TO: Kent City Council Operations Committee
FROM: Paul Dunn, IT Technical Services Manager
THROUGH: Mayor Suzette Cooke
SUBJECT: Washington School Information Processing Cooperative Interlocal Agreement
MOTION: I move that the City Council authorize the Mayor to enter into an
Interlocal Agreement between the City of Kent and the Washington School
Information Processing Cooperative.
BACKGROUND
RCW 39.34 provides for the Interlocal cooperation between government agencies. The City
of Kent can benefit from the more attractive terms and conditions of many of the WSIPC
managed vendor contracts and agreements due to the larger volume purchasing power of
the contracts managed by WSIPC
This proposed Interlocal Agreement does not bind the City to utilize WSIPC contracts, and
simply provides a financial and logistical benefit to the City to use WSIPC contracts for
future needs of the City if it is in its best interest.
SUMMARY: The Washington School Information Processing Cooperative (WSIPC) has
engaged several computer Hardware, Software, and Services Vendors in purchasing
contracts and agreements with very favorable pricing and terms through their own bidding
process. This motion requests the approval of the City Council for the Mayor to Sign an
Interlocal Agreement with WSIPC to allow the City of Kent to purchase from vendors using
the WSIPC contract and prices when it is advantageous for the City to do so.
z
BUDGET IMPACT: NONE
Attachments: Proposed Interlocal Agreement between the City of Kent and the
Washington School Information Processing Cooperative.
Interlocal Agreement between the City of Kent `
and The Washington School Information Processing Cooperative
The Interlocal Agreement is hereby entered into by and between the City of
Kent ("Kent"), Washington, and the Washington School Information Processing
Cooperative, Everett, Washington ("WSIPC").
WITNESSETH:
WHEREAS, the Interlocal Cooperative Act, as amended, and codified in Chapter
39.34 of the Revised Code of Washington (RCW) provides for the Interlocal
cooperation between government agencies; and
WHEREAS, both parties are required to make certain purchases by formal
advertisement and bid process, which is a time consuming and expensive process;
and it is in the public interest to cooperate in the combination of bidding
requirements to obtain the most favorable bid for each party where it is in their
mutual interest; and
WHEREAS, the parties wish to utilize each other's contracts when it is in their
mutual interest;
NOW THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this agreement is to authorize the acquisition
of goods and services under contracts where a price is extended by the bidders to
other governmental agencies.
2. Scope. This agreement shall allow the following activities:
Purchase or acquisition of goods and services by Kent under contracts made by
WSIPC where provision has been provided in such contracts for other agencies to
avail themselves of goods and services offered under the contract when agreed to in
advance, in writing.
3. Duration of Agreement - Termination. This agreement shall remain in
force until cancelled by either party by written notice to the other party.
4. Right to Contract Independent Action Preserved. Each party reserves
the right to contract independently for the acquisition of goods or services and/or
disposal of any property without notice to the other party and shall not bind or
otherwise obligate the other party to participate in the activity.
5. Compliance with Legal Requirements. Each party accepts
responsibility for compliance with federal, state, and local laws and regulations
including, in particular, bidding requirements applicable to its acquisition of goods
and services.
6. Financing. The method of financing of payment shall be through
budgeted funds or other available funds of the party for whose use the property is
actually acquired. Each party accepts no responsibility for the payment of the
acquisition process of any goods or services intended for use by the other party.
Page 1 of 2
Interlocal Agreement between the City of Kent and the Washington School
Information Processing Cooperative
Each party shall be responsible for the ownership, holding and disposal of property
acquired for such party under this agreement
7. Filinq. Executed copies of this agreement shall be filed as required by !
Section 39 040 RCW prior to this agreement becoming effective.
8. Interlocal Cooperation Disclosure. Each party may insert in its
solicitation for goods any provision disclosing that other authorized governmental
agencies may also wish to procure the goods being offered to the party and allowing
the bidder the opportunity of extending its bid to those other agencies at the same
price, terms and conditions.
9. Non Delegation/Non Assignment. Neither party may delegate the
performance of any contractual obligation, hereunder to a third party, unless
mutually agreed in writing. Neither party may assign this agreement without the
written consent of the other party.
10. Hold Harmless. Each party shall be liable and responsible for the
consequences of any negligent or wrongful act or failure to act on the part of itself
and its employees Neither party assumes responsibility for the other party for the
consequences of any act or admission of the other party or of any person, firm, or
corporation not a party to this agreement.
11. Severability. Any provision of this agreement, which is prohibited or
unenforceable, shall be ineffective to the extent of such prohibition or
unenforceability, without invalidating the remaining provisions or affecting the
validity or reinforcement of such provisions.
By: CITY OF KENT By: Washington School Information
Processing Cooperative
Address: 220 Fourth Avenue South Address: 2121 W Casino Road
Kent, Washington 98032 Everett, Washington 98204
By: By:
Printed Name Printed Name
Title Title
Dated Dated
Page 2of2
Interlocal Agreement between the City of Kent and the Washington School
Information Processing Cooperative
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: MANDATORY GARBAGE PICK UP ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends
Chapter 7.03 of the Kent City Code, to add an exemption from mandatory garbage
service requirements for residents who also own a business in Kent that subscribes to
commercial garbage collection service and to make other minor revisions.
Once this ordinance is approved, staff will implement an action plan to reinstate
enforcement of the mandatory garbage requirement, which was suspended last fall due
to concerns raised by citizens. The action plan will include public education through a
new program guide which explains the benefits of the mandatory garbage requirement,
the service level options, and special services and programs that are available
3. EXHIBITS: Ordinance, letter to residents who must sign up for mandatory garbage
service; Residential Garbage, Recycling and Yard Waste Collection Program Guide,
and self-addressed stamped sign-up postcard
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
1 Expenditure? No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KENT Phone: 253-856-5500
W n 5,,,N G,o N 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
Subject. Ordinance - Mandatory Garbage Requirement
' Item 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend the Council adopt proposed ordinance amending Chapter 7.03 of the Kent
City Code and reinstate enforcement of the mandatory garbage requirement.
' Will document be required?
■ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
' ■ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
' Kent City Code Chapter 7.03
' Background/History:
City Council directed staff to temporarily suspend the enforcement of penalties for residential
households that have not signed up for mandatory garbage service as required by KCC Chapter 7.03,
' and to recommend revisions to the code, to review and research potential exemptions, additional
levels of service, to develop a communication plan and a timeline for reinstating enforcement of the
mandatory requirement.
Summary:
Staff have reviewed and amended KCC Chapter 7.03 to add an exemption from residential
mandatory garbage service for residents that own a Kent business that subscribes to commercial
garbage collection service, and other minor revisions to clarify and correct various provisions
regarding the handling of solid waste, recyclable materials, and yard waste in the City of Kent. An
implementation plan to enforce the mandatory requirement includes an informational brochure and
revised notices to be sent to non-complying residents in a phased mailing schedule, providing a
minimum 30 days for residents to sign up to be in compliance with code, addition of a 10 gallon can
service level, coordination with media prior to reinstatement, and meetings with Allied Waste staff
' regarding the implementation plan. Residents will have until June 1, 2007 to sign up.
Recommendations:
Recommend the Council adopt proposed ordinance amending Chapter 7.03 of the Kent City Code
' and reinstate enforcement of the mandatory garbage requirement.
U IPubliclPWCommtleeldclmnPage121M71PWCO2 26 07 Aoc
ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending Chapter 7.03 of the Kent
City Code to add an exemption from mandatory garbage
' service requirements for residents who also own a
business in Kent that subscribe to commercial garbage
collection service and other minor revisions to clarify
and correct various provisions regarding the handling of
solid waste, recyclable materials, and yard waste in the
city of Kent.
RECITALS
A. The city's public works director recommends adding an exemption
from the mandatory garbage service requirement for residents who own a business
' in Kent and clarifying various provisions regarding the handling of solid waste in
the city of Kent.
' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 7.03 of the Kent City Code, entitled
"Solid Waste, Recyclable Materials, and Yard Waste," is amended to read as
follows:
' 1 Mandatory Garbage
Service Exemption
CHAPTER 7.03
SOLID WASTE, RECYCLABLE MATERIALS, AND YARD WASTE '
Sec. 7.03.010. Definitions. The following words, terms, and phrases, '
when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Collection company means the persons, firms, or corporations, or combination
thereof, operating under a contract for solid waste, recyclables, or yard waste
collection with, or under the direction of, the city, including an authorized
contractor for the collection of recyclable materials under this chapter. '
Commercial means all customers that are not included within the definition of
"residential" set forth below, which are within the ce"eetien _eMpeg 's se .iee 1
aFeascity of Kent. "Commercial" includes "commercial multifamily" as defined
below. ,
Commercial multifamily means multifamily residences containing more than four '
(4) dwelling units.
Director means the director of the department of public works. '
Garbage means solid waste. '
Garbage, Recycle, or Yard Waste Container(s)eeR means a watertight, fully
covered, can, '
container, cart, dumpster, or drop box
of various sizes and weights, when full, as '
approved by the director or collection company. ,
handles (1 ) eh side ..,d tight ceyeF equipped , th ha..A e.The
director or collection company may approve the use of alternative containers or ,
2 Mandatory Garbage
Service Exemption '
trequire appropriate features for the various containers such as type of material,
' handles wheels or compatibility with collection equipment.
Garbage unit�sj means secure and tight bundles, none of which shall exceed four
J!jjthfee-F3} feet in the longest dimension and shall not exceed sixty (60)seveAty-
€ive (75) pounds in weight. "Garbage units" may also mean small discarded boxes,
' barrels or bags or securely tight cartons or other receptacles not intended for
recycling under this chapter and able to be reasonably handled and loaded by one
(1) person onto a collection vehicle.
E)f selld waste, with a tight fitting 11d, and a thick sionned one pleEe balaneed
Person means every person, firm, partnership, business, association, institution, or
corporation in the city accumulating solid waste requiring disposal or generating,
accumulating, and collecting recyclable materials. The term shall also mean the
occupant and/or the owner of any premises for which service mentioned in this
section is rendered.
1!ffl to d to Eles..,Rated -,I frent lead t...mes .FeP M..mes and eefflpaeteics -.t
r ,
' leeatiens,as-Fray be spee fled by thcFeeter. The d FeEt.._ m appreve elleetien
' Recyclable materials means waste materials generated in the city capable of reuse
from a waste stream as designated by the director, including but not limited to
' sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans,
plastic materials, mixed paper, and cardboard accumulated and intended for
recycling or reuse and collection by a collection company or authorized contractor.
This term excludes all dangerous wastes and hazardous wastes as defined in
Chapters 70.105 and 70.105A RCW, and solid wastes intended for disposal in a
landfill, incinerator, or solid waste disposal facility under Chapter 173-304 WAC.
' 3 Mandatory Garbage
Service Exemption
All recyclable materials intended for collection by a city-authorized collection '
company or contractor shall remain the responsibility and ownership of participants ,
until such materials as contained in designated recycle containers are placed out
for collection for the authorized contractor. Such materials then become the ,
responsibility and property of the collection company or authorized contractor
subject to the right of the participant to claim lost property of value.
Residential means customers dwelling in one-unit houses, mobile homes, and ,
multifamily residences containing no more than four (4) dwelling units such as
duplexes, triplexes, and fourplexes which are within the
seFVlee =city of Kent.
Solid waste shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), with
the exception of sludge from wastewater treatment plants and septage, from septic ,
tanks, extremely hazardous waste, hazardous waste, dangerous waste, and
problem wastes as defined in Chapters 173-303 and 173-204 WAC, and Chapters ,
70.105 and 70.105A RCW.
Solid waste utility shall be the city system of solid waste handling under Chapters ,
35.21 and 35.6721A RCW and this code.
Yard waste means plant material including leaves, grass clippings, prunings, t
branches ( F to less than F..w (4) feet and nd F FeHF (4) inehes in a.afflet
brush, garden material, weeds, tree limbs (also cHt to less than F,..._ (4) Feet and '
and other biodegradable waste that may be
designated by the director. Rocks, dirt, and sod, except incidental amounts, are '
unacceptable. Materials may be bundled with cotton or other similar organic string
only. Yard waste does not include demolition debris such as concrete, wallboard, ,
lumber or roofing materials.
Sec. 7.03.020. Solid waste reeVelable materials, and yard wa ,
collection.
A. Solid waste - Collection required. Solid waste ai'd '
FeeVelable materials collections shall be made by collection companies as ,
authorized by the city. Except as provided in subsections (B) and (C) of this
4 Mandatory Garbage '
Service Exemption
section, all persons and properties within the city sloal+are required to use the solid
waste and Feeyelable FmateFials collection system and of the city he
and it shall be unlawful for any
' person, other than those duly authorized by the city, to haul solid waste— and
reeyelable materials through the streets of the city, It is unlawfule-F to dump or
store solid waste,_ afEl-recyclable, or yard waste materials in violation of KCC 8.04.
All persons and occupied
property shall be subjee, mouse and be responsible for at least the minimum level of
solid waste collection service and associated charges for residential or commercial
service,_ fee residential andeeFnrneFela' sold waste and ,.,,aential and e a
materials, as applicable,_
pFepeFty use the seFYiee.unless exempted from such requirement under this
subsection or subsection lBl of this section The city or collection company will
automatically bill the residential or commercial customer for such minimum level of
service if the customer does not sign up for service within 30 days of occupying a
property in the city. Upon satisfactory evidence- on
an annual basis that a person or property produces no solid waste and Feeyelabl-
mates, or a residential customer owns a business in the city of Kent that has
commercial solid waste collection service, the director may approve an exemption
1 fromwasve the mandatory ��solid waste collection service and
payment requirements of this section.
B. Commercial permitted haulers. Those commercial and industrial business
establishments having prior established permits to haul their own solid waste may
continue to haul such solid waste by annual permit. Renewal permits shall be
issued upon application and payment of the annual permit fee. The annual permit
fee shall be as follows:
1. Permit holders hauling less than one hundred fifty (150) tons of solid
' waste per month, one hundred dollars ($100);
2. Permit holders hauling greater than one hundred fifty (150) tons of
solid waste per month, seven thousand five hundred dollars ($7,500).
Any permit holder, as provided for in this subsection, shall haul garbage at least
once a week for public health reasons.
5 Mandatory Garbage
Service Exemption
C. Self-haul. Nothing in this section shall 4n++tprohibit the limited and
occasional hauling by e���- steFneFs of solid waste,-afl-d-recyclable materials or yard ,
wastes by a customer from its the+ specific property to an approved King Countv
solid waste, recyclable materials, or yard waste collection site. Occassional haulers '
are not exempt from the mandatory solid waste collection service and payment
requirements and are responsible for any associated fees for such collection site
services, as applicable. ,
custemer. Y-aFd waste eelleetien by ES'leetie r—eernpparncs S VmuRta y to the
eastemeF, therefere, a eusterrieF Figay elf haul yard waste to an appFeved site a
Sec. 7.03.030. Regulations regarding collection companies
Business license required.
A. To provide for the public health, safety, and general welfare, collection
companies operating within the city under contract for services for the city's solid
waste utility shall, at no additional cost to the city or its residents:
1. Comply with all provisions of the city code and amendments thereof,
and applicable federal, state, and county laws and regulations pertaining to the
collection, handling, transportation, and disposal of solid waste, recyclable
materials, and yard waste. The city shall be entitled, during regular business
hours, to inspect the books and records of collection companies operating within
the city; '
2. Pick up Christmas trees each January;
3. Provide for a semiannual residential cleanup in the spring and fall of ,
each year to allow for disposal of accumulated solid waste. The director of public
works shall promulgate administrative rules, following consultation with collection ,
companies, for the implementation of this subsection;
4. Provide service to public buildings and facilities, as designated by the
director of public works. Upon consultation with collection companies, the director
of public works may add or delete public facilities from such designation in the
interests of public health and safety;
6 Mandatory Garbage
Service Exemption ,
S. Extend the lifeline utility rate for solid waste, recyclable materials,
' and yard waste collection as adopted by the city under KCC 7.01.080 to eligible
customers who have filed an approved application with the city.
' B. Collection companies operating pursuant to and in compliance with this
chapter shall be issued, upon application, a business license pursuant to Ch. 5.01
' KCC, without the payment of license fees, permit fees as provided in KCC
7.03.020(B), or other fees related to solid waste handling established by the city.
This subsection (B) shall not be construed as a waiver of the utility tax imposed by
Ch. 3.18 KCC.
Sec. 7.03.040. Recyclable materials — Collection.
A. Collection companies as paq ef theiF eelleetlen seizvoce, shall collect
recyclable materials from residential and commercial multifamily customers in the
city who request curbside recycling at no extra cost as part of their solid waste
collection service,_aS FequiFed and pursuant to the provisions of this chapter.
Collection companies shall collect recyclable materials from commercial customers
in the city who request commercial recycling service in accordance with the
collection company's rates and applicable regulations. Subject to terms and
conditions of any collection contract and regulations, such collection companies are
solely responsible for all costs of removal and disposal of recyclable materials
placed out for collection by the residential or commercial customers. The
requirements of this section do not prohibit the customary collection and sale of
recyclable and reusable materials by persons or private recyclers or affect the right
of waste generators to continue to accumulate, buy, sell or give recyclable
materials to persons other than the collection companies.
' B. Designated recycle containers shall be placed at curbside, alleyside, or other
locations as determined by the director or collection company with the concurrence
of the director. Back yard collection of recycle containersables shall not be
required of the collection company eF ,.,...._..,.tee except under special
circumstances determined by the director, including disabled or elderly
participants.
' 7 Mandatory Garbage
Service Exemption
Sec. 7.03.045. Yard waste materials —
Collection — Prohibition on commingling yard waste with other solid waste ,
or recyclables.
A. Collection companies, as—paFt of their E8'IeEtien—seicylees, _shall collect
^^ dent a' Feeyelable yard waste materials (cut to less than four (4) feet and under
four (4) inches in diameter) from pap:tlepatlng residencestial or commercial ,
customers in the city who request yard waste collection service at rates in
accordance with the collection company's contract and pursuant to ,
the provisions of this chapter_ wheR Feeluested by the eusternelF. Subject to terms
and conditions of any such collection contract and regulations, such collection '
companies are solely responsible for all costs of removal, marketing, and disposal
of Fes dental reeyElable yard waste materials placed out for collection by pregrarn
part eip customers. The requirements of this section do not prohibit customers i
from the customary collection and sale of r_c,elable `..a __H__"'= FesideRti_' yard
waste materials by individual Fesidentmal yaFEl waste FeEyEleFsor self-hauling yard
waste materials to approved King County disposal sites.
B. Designated =es, 1—yard waste containers shall be placed at curbside,
alleyside, or other locations as determined by the director or collection company
with the concurrence of the director. Back yard collection of Fesidential yard waste ,
containers shall not be required of the collection company eF Ee traet except under
special circumstances determined by the director, for example, for disabled or
elderly participants.
C. All persons and residences within the territorial limits of the city are ,
prohibited from disposing any yard waste in any solid waste, or recycleable
container other than a designated yard waste container. ,
Sec. 7.03.050. Solid waste handling service.
A. All persons accumulating solid waste in the city shall place and accumulate '
solid waste in garbage eaflscontainers 6F garbage un ts, meb le eaFts, or units ,
detaEhab' ntaine_s as required by this chapter.
8 Mandatory Garbage
Service Exemption ,
1 B. It shall be unlawful to deposit, throw, or place any solid waste in any land,
alley, street, or other public place, or to deposit, throw, or place any solid waste on
any private property regardless of ownership, unless the solid waste is placed In
garbage Bans, containers, eF eaFts, the covers of which shall not be removed
except when necessary for the depositing or removing of solid waste. Boxes, small
barrels, cartons, scraps of wooden crates and boxes, broken-up household
furniture and equipment, paper, hollowware and rubbish In general, may be broken
up or cut up and placed in garbage containers or units, consistent with this chapter
or as approved by the director.
C. Any garbage, recycle, or yard waste camcontainer,-when filled, shall not
weigh more than seventy five "C` pe, ^ '^the allowable weight for its size as
determined by the director or collection company for the safety of collection
iersonnel and protection of property. -Garbage, recycle, and yard waste
containers shall be packed so that the contents thereof will dump out readily when
the e-ancontalner is inverted. All garbage, recycle, and yard waste Eanscontainers
and garbage units shall be placed at curbside or alley for collection before 7.00
a.m. or in convenient, accessible locations upon the ground level or ground floor
and as near as practicable to the approximate rear of the building or near the alley,
street, or road at which collection trucks are to be loaded as approved by the
director or collection company. All containers shall be removed from such locations
as soon as possible after collection, but no later than the end of the collection day.
1 —aAll walks, paths and driveways to the place of loading shall have an overhead
clearance of not less than eight (8) feet.
D. Any Friebile eaFt when filled shall net weigh Fnere than one hundFed e'ghty
(180) peunds, eras etherwise regdlated by the d' eetar;and shall be Se paeked
that theeenf. nts theFeef will damp sort read+Fy�A'! b �a�w� ci�... a.v�icci�co uicicvi wii Ti-ry Ile ea rtS shall 13e laeed--aeuFbside er alley befeFe 7:00 a.m. aAd Femoved fFE)rn the eurb eF alley as seen as
.
1`D Any person accumulating solid waste In the downtown or suburban business
areas whose location requires the placing of ea+n-,, garbage, recycle, or yard waste
containers, or _garbage units on a sidewalk or alley for collection shall not place the
same on a sidewalk or alley until the close of each business day, and shall remove
' 9 Mandatory Garbage
Service Exemption
1
ca+nsontainers from the sidewalk or alley immediately after the opening for ,
business each morning. '
EF. Dangerous and other waste.
1. No hot ashes or other hot material, dirt, sand, rocks, gasoline,
solvents, oil, paint, or dangerous or hazardous wastes shall be placed in any
garbage, recycle, or yard waste ea+�-,—container or garbage unit,, E'�ehable ,
E8Rta ffl.,_ E)F ..cede e for collection or removal. All kitchen, table, and cooking
waste before being deposited in garbage earls, containers or garbage units,
detachable esnt:aifreFSe-earls-shall be drained and wrapped in paper or
other material in such a manner as to prevent as nearly as possible moisture from '
such solid waste from coming in contact with sides or bottoms of the containers.
2. As used in this section, "dangerous or hazardous wastes" means any
solid waste designated as dangerous or hazardous waste by the State Department i
of Ecology, and such wastes shall be disposed of consistent with Department of
Ecology rules and regulations.
FG. ,A sufficient number and
size of garbage eanscontarners must be provided for the collection of all garbage
eansas defined in this chapter. Worn-out and improper caasontainers shall be
mseaMeldreplaced with approved containers. ,
Certain garbage, recycle and yard waste
containers ^neb, , e eaFtTshall be provided by the collection company for the health,
safety, convenience, and general welfare of the residences and their occupants. All ,
garbage, recycle and yard waste containersmebile eaFts provided by the collection
company shall remain the property of the collection company. The containers shall ,
not be damaged, destroyed or removed from the premises by any person.
Markings and identification devices on the containers, except as placed or
specifically permitted by the collection company, are expressly prohibited and shall
be regarded as damage to the containers. ,
H1. It shall be unlawful, except as authorized by the owner, collection company
or the city, to deposit any solid waste or other material in any private garbage,.
10 Mandatory Garbage
Service Exemption '
1
recycle or yard wasted container or garbage unit, detachable ,.,.main. e
Figeb++e tetei�_or to remove the covers therefrom. The covers shall be securely
placed on each eai=i—, containert e� at all times, except when it is necessary
to remove same for deposit or at times of collection.
U. Yard waste collected by collection companies shall be deposited in
containers provided or approved by collection companies or by the director, and
disposed of as provided for in this chapter or authorized by the director. Nothing in
this chapter shall prohibit persons from composting yard waste on property owned
or leased by such persons. Compost facilities shall be operated and maintained
consistent with other applicable laws and regulations.
Sec. 7.03.060. Hours of collection. All solid waste, recyclable materials
and yard waste will be collected within the boundaries of the city as follows:
A4. Residential pick-ups shall be made Monday through Friday from 7:00 a.m.
to 4:00 p.m. unless otherwise approved by the director in writing. Solid waste
pick-ups shall be made at least once per month (minimum level of service) or once
per week (regular service), unless otherwise approved by the director. if
complaints are received or problems arise with accumulated solid waste for
customers with once per month service, the city may require once per week
service. RecyclablefRg materials and yard waste may be picked up less frequently
' as approved by the director. Residential collection shall be at curbside unless
otherwise approved by the director or collection company.,^-^ LT
B-2. Commercial pick-ups may begin at 4:00 a.m., Monday through Friday and
may be made as often as required, but no less than once per month; provided,
however, that in commercial areas abutting residential neighborhoods, pick-ups
shall be limited to days and times set forth in subsection (1) above.
Sec. 7.03.070. Special regulations. The city reserves the right to
prescribe special regulations for the collection of solid waste from the construction
or repair of buildings, waste products from manufacturing plants, refuse of peculiar
quality or solid waste which may be thoroughly offensive or dangerous to haul
through the streets or alleys of the city. The requirements for solid waste,
11 Mandatory Garbage
Service Exemption
recyclable materials, and yard waste collections, as set forth in the provisions of
this chapter, may be modified by contract with the collection companies when
approved by the city council and the affected collection company.
Sec. 7.03.080. Location of containers.
A. The location of detachable containers, garbage, recycle, or yard waste
eanscontainers or garbage units; ^" '^ eaF of commercial, industrial, or '
multifamily dwellings shall be subject to inspection by the fire department and
must be relocated in areas with a reduced or a nonexistent fire hazard as ,
necessary.
B. The location of the garbage, recycle, or yard waste ^ eblle e ,
containers or garbage units in conjunction with the residential pick-ups shall be at
curbside. Persons with physical ^^^ disabilities; who are unable to bring solid
waste, and recycla-b+e or yard waste •, ateFla;scontainers to the curbside for
collection, may be eligible for special walk-in or drive-in services upon approval by
the director and granted an exeffilption fFeFn doing se by the EelleEtISR
epursuant to the collection contract.
Sec. 7.03.085. Recycling space requirements.
A. Storage space and collection points for recyclables. Developments shall
provide storage space for the collection of recyclables as follows: '
1. The storage space for residential uses shall be provided at the rate of
one and one-half (1-1/2) square feet per dwelling unit in apartment and
condominium developments except when the development is subject to a
city/county sponsored or approved direct collection program.
2. The storage space for nonresidential uses shall be provided at the ,
following rate:
a. Two (2) square feet per every one thousand (1,000) square ,
feet of building gross floor area in office educational and institutional
developments;
b. Three (3) square feet per every one thousand (1,000) square
feet of building gross floor area in manufacturing and other nonresidential
developments;
12 Mandatory Garbage
Service Exemption ,
iC. Five (5) square feet per every one thousand (1,000) square
feet of building gross floor area in retail developments.
B. Collection points for recyclables. Developments shall provide collection
points for recyclables as follows:
s 1. The storage space for residential developments shall be apportioned
and located in collection points as follows:
a. The required storage area shall be dispersed in collection
points throughout the site when a residential development comprises more than
one (1) building.
b. There shall be one (1) collection point for every thirty (30)
dwelling units.
C. No dwelling unit within the development shall be more than
two hundred (200) feet from a collection point
d. Collection points shall be located in a manner so that hauling
' trucks do not obstruct pedestrian or vehicle traffic on site, or project into any
public right-of-way.
2. The storage space for nonresidential development shall be
apportioned and located in collection points as follows:
a. Storage space may be allocated to a centralized collection
point.
b. Outdoor collection points shall not be located in any required
setback areas.
C. Collection points shall be located in a manner so that hauling
trucks do not obstruct pedestrian or vehicle traffic onsite, or project into any public
right-of-way.
I d. Outdoor collection points serving more than one (1) budding
within any single development are subject to the prior approval of the city's
director of public works.
C. Collection point design. The collection points shall be designed as follows:
1. Dimensions of the collection points shall be of sufficient width and
depth to enclose recycle containers fOF FeEYElables.
13 Mandatory Garbage
Service Exemption
2. Architectural design of any structure enclosing an outdoor collection
point or any building primarily used to contain a collection point shall be consistent
with the design of the primary structure(s) on the site. ,
3. Collection points shall be identified by signs not to exceed two (2)
square feet.
4. A six (6) foot wall or fence shall enclose any outdoor collection point,
excluding collection points located in industrial developments that are greater than ,
one hundred (100) feet from residentially zoned property.
5. Access to collection points may be limited, except during regular ,
business hours and/or specified collection hours.
6. Enclosures for outdoor collection points and buildings used primarily ,
to contain a collection point shall have gate openings at least twelve (12) feet wide
for haulers. In addition, the gate opening for any building or other roofed structure
used primarily as a collection point shall have a vertical clearance of at least twelve t
(12) feet.
7. Weather protection of recyclables shall be ensured by using
weatherproof containers or by providing a roof over the storage area.
8. Collection points shall be located in a manner so that hauling trucks
do not obstruct pedestrian or vehicle traffic onsite, or project into any public right-
of-way.
Sec. 7.03.090. King County system designated.
A. All solid waste generated within the corporate limits of the city shall be ,
disposed at a King County solid waste disposal facility.
B. King County is authorized to designate disposal sites for the disposal of all
solid waste generated within the city. ,
C. No solid waste may be diverted from the disposal sites designated by King
County without King County approval.
D. The provisions of this section shall not apply and shall not affect the ,
disposal of solid waste which is eliminated through waste reduction or waste
recycling activities which have been coordinated with King County pursuant to the '
14 Mandatory Garbage
Service Exemption
1 agreement between King County and the city concerning use of King County solid
waste disposal facilities.
E. King County regulations or ordinances regarding levels and types of service
for any aspect of solid waste handling shall not apply within the limits of the city
except as provided in this chapter.
1 Sec. 7.03.100. King County comprehensive solid waste
management plan adopted.
1 A. The city hereby adopts the King County comprehensive solid waste
management plan with addenda as recommended by the solid waste interlocal
forum through Resolution 89005 (hereinafter "plan"). The plan as adopted in this
section is further designated for the exercise of substantive authority under the
State Environmental Policy Act rules pursuant to RCW 43.21C.060.
' B. Pursuant to RCW 70.95.160, the city hereby determines that King County
shall not exercise any powers regarding the levels and types of service for any
aspect of solid waste handling in the city. King County regulations and ordinances
regarding levels and types of service for any aspect of solid waste handling shall
not apply within the corporate limits of the city as may be now or hereafter
tdetermined by the city.
C. Pursuant to RCW 70.95.030, the city hereby designates the following
materials as recyclable materials:
1. Container glass;
2. Paper;
3. Aluminum;
4. Tin cans;
5. Plastic.
Other materials may be designated as recyclable as markets become available and
as the net cost of collecting and recycling that material becomes equal to or less
than the cost of collection, transfer, long haul and disposal. Items in the above list
may be removed due to market or other variation.
15 Mandatory Garbage
Service Exemption
D. The city shall determine solid waste collection
rates, if any, by ordinance or through collection contracts and not as set forth in
the plan.
E. The director of public works is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
section.
Sec. 7.03.110. Lien for utility services.
A. Pursuant to Chapter 35.21 RCW, liens are authorized by this code against
property for which solid waste, recyclable materials, or yard waste collection ,
services have been provided by collection companies operating under contract with
the solid waste utility.
B. Applicable Echarges for solid waste, recyclable, and yard waste materials I
collection and disposal, Feeyelable eelleetlen and dispesal, and yaFd Waste e0lleEti ,
and dispesa4-_services are set by collection companies consistent with solid waste
utility contracts with the city or applicable regulations. Upon failure to pay the
applicable charges within the time provided for in invoices armor bills issued by
the city or collection companies, the amount thereof shall become a lien against
the property for which the solid waste, recyclable material, or yard waste collection
service is rendered.
C. A notice of the lien authorized by this section shall specify the charges, the
period covered by the charges, and the legal description of the property sought to
be charged. The notice shall be filed with the county auditor within the time
required and shall be foreclosed in the manner and within the time prescribed for
hens for labor and material.
D. Liens authorized by this section shall be prior to all liens and encumbrances
filed subsequent to the filing of the notice of lien with the county auditor, except
the lien of general taxes and local improvement assessments whether levied prior
or subsequent thereto.
16 Mandatory Garbage
Service Exemption
I
I
E. Collection companies seeking to exercise rights under this section shall have
current, executed contracts for solid waste handling with the city authorizing the
rights herein and providing for the method of such lien enforcement.
1 Sec. 7.03.120. Violation, penalty.
A. Any violation of any provision of this chapter is a civil violation as provided
' for in Ch. 1.04 KCC, for which a monetary penalty may be assessed and abatement
may be required as provided therein.
1 B. In addition to or as an alternative to any penalty provided in this chapter,
I anyone violating or failing to comply with KCC 7.03.020 through 7.03.050 shall,
upon conviction, be punished by a fine of not more than five thousand dollars
($5,000) or by imprisonment for a period of not exceeding one (1) year, or by both
such fine and imprisonment.
SECTION 2. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
' SECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
1 ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
17 Mandatory Garbage
Service Exemption
1
t
PASSED: day of March, 2007. I
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.
I
(SEAL)
BRENDA JACOBER, CITY CLERK
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18 Mandatory Garbage
Service Exemption '
PUBLIC WORKS ADMINISTRATION
Larry R. Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
KEN T Fax: 253-856-6500
Ww3 H.H croN
PHONE: 253-856-5500
DATE
Dear Resident:
Please find enclosed the City of Kent Residential Garbage, Recycling and Yard Waste Collection
Program Guide. This Guide provides information about Kent's mandatory residential garbage
collection service, including service level options, information on curbside recycling, optional
yard waste collection, and other special services. Like many other cities in our region,
Kent's mandatory garbage service requirement helps everyone in our community by
keeping our city clean, healthy, and beautiful.
Records show that you or your household are not currently signed up for residential garbage
service as required by Kent City Code, Chapter 7.03. (If this information is incorrect, please
call the city's residential garbage service provider, Allied Waste, at 206-682-9735 to confirm
1 your name, address and account number.) You must sign up by June 1, 2007 by any of
the following methods:
1) call Allied Waste at 206-682-9735, or
2) fill out and mail the enclosed postcard, or
3) register online at www.rabanco.com/collection/kent
Allied Waste can assist you in choosing the appropriate service level for your needs. We also
encourage you to take advantage of the curbside recycling service, which is included with
your residential garbage service at no extra cost. Over 90% of Kent's residents recycle.
You have until June 1, 2007 to sign up. If you have not signed up by June 1, 2007, Allied
Waste will automatically sign you up and bill you for the minimum level of garbage service,
which is a 32-gallon can, collected once a month, at a fee of $7.87 per month. (Applicable
taxes and fees will be added to the base amount.)
We strongly encourage you to contact Allied Waste at your earliest convenience to sign up for
mandatory garbage service before the grace period expires on June 1. Please refer to the
enclosed Program Guide for answers to your general questions. Call the City of Kent at
(253) 856-5549 if you experience any difficulties signing up for garbage service.
Thank you for your cooperation.
Sincerely,
IN
7
A
' Larry Blanchard
Public Works Director
Y
3 Enclosures: The Residential Garbage, Recycling and Yard Waste Collection Program Guide
Self-addressed stamped sign-up postcard
MAYOR SUZETTE COOKE
City of Kent Public Works Department
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L' a
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: PROPOSED LID 362, EAST VALLEY HIGHWAY, SR 167-S
212TH STREET, RESOLUTION SETTING PUBLIC HEARING
DATE— ADOPT
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
adopt Resolution No. setting April 17, 2007, as the hearing date on proposed
Local Improvement District 362 ("LID") for the public to comment on or object to the
LID before the City Council
The project proposed by LID 362 would construct two additional lanes on East Valley
Highway and related utility and streetscape improvements. The total cost to construct
the proposed improvements is approximately $5 3 million. Of this expense, $669,509
will be paid for by the City and an additional $2 million will be paid for by grants
secured by the City. The remaining $2.4 million will be assessed against the properties
benefited by the improvements.
i3. EXHIBITS: Resolution and Public Works memorandum
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund R90056 Amount $2,422,936
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
IItem No. 6F
RESOLUTION NO.
A RESOLUTION of the city council of the city of
Kent, Washington, declaring its intention to order the
construction of two additional lanes on East Valley
Highway from SR 167 to South 212`h Street and related
utility and streetscape improvements; and to create a
local improvement district to assess a part of the cost and
expense of carrying out those improvements against the
properties specially benefited thereby, and notifying all
persons who desire to comment or object to the
improvements to appear and present their comments or
objections at a hearing before the city council to be held
on April 17, 2007.
1
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. It is the intention of the city council of the City of Kent,
Washington, to order the improvement of the properties within the area described
in Exhibit A, attached and incorporated by this reference, by the construction of
two additional lanes on East Valley Highway from SR 167 to South 212th Street and
related utility and streetscape improvements, as more fully described in Exhibit B,
attached and incorporated by this reference.
All of the foregoing improvements shall be in accordance with the plans and
specifications prepared by the city's Director of Public Works and may be modified
by the City as long as that modification does not affect the purpose of the
improvements.
1 LID 362 Resolution of Intent-
Set Public Hearing Date
SECTION 2. The total estimated cost and expense of the improvements is
declared to be $5,317,337 00, approximately $669,509 of that cost and expense
shall be paid by the City, approximately $2,224,892 of that cost and expense shall j
be paid by grants, and the balance thereof, an estimated $2,422,936.00, shall be
borne by and assessed against the property specially benefited by the
improvements to be included in a local improvement district to be established
embracing as nearly as practicable all the property specially benefited by the '
improvements. Actual assessments may vary from estimated assessments as long
as they do not exceed a figure equal to the increased true and fair value the
improvements add to the property.
SECTION 3. The city clerk is authorized and directed to give notice of the
adoption of this resolution and of the date, time, and place fixed for the public
hearing to each owner or reputed owner of any lot, tract, parcel of land, or other
property within the proposed local improvement district by mailing such notice at
least fifteen (15) days before the date fixed for public hearing to the owner or
reputed owner of the property as shown on the rolls of the King County Assessor
at the address shown thereon, as required by law.
This resolution also shall be published in its entirety in at least two
consecutive issues of the official newspaper of the City, the date of the first ■
publication to be at least fifteen (15) days prior to the date fixed for the public i
hearing.
SECTION 4. All persons who may desire to comment in support of or
object to the improvements are notified to appear and present those comments or
objections at a hearing before the city council to be held in the council chambers in
the City Hall in Kent, Washington, at 7:00 p.m. on April 17, 2007, which time and
place are fixed for hearing all matters relating to the improvements and all
comments thereon and objections thereto and for determining the method of
payment for the improvements. All persons who may desire to object thereto
should appear and present their objections at that hearing. Any person who may
desire to file a written protest with the city council may do so within thirty (30)
days after the date of passage of the ordinance ordering the improvements in the
event the local improvement district is formed. The written protest should be
2 LID 362 Resolution of Zntent-
Set Public Hearing Date
signed by the property owner and should include the legal description of the
property for which the protest is filed and that protest should be delivered to the
city clerk.
SECTIONS. The city's Public Works Director is directed to submit to the
city council on or prior to April 17, 2007, all data and information required by law
' to be submitted.
I SECTION 6. If any section, subsection, paragraph, sentence, clause or
phrase of this resolution is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this resolution.
SECTION 7. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION S. - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city of
Kent, Washington, this day of , 2007.
CONCURRED in by the mayor of the city of Kent this day of
2007.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
3 LID 362 Resolution of Intent-
Set Public Hearing Date
APPROVED AS TO FORM:
FOSTER PEPPER PLLC
Special Counsel and Bond Counsel
1
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4 LID 362 Resolution of Intent-
Set Public Nearing Date ,
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CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby
certify as follows.
1. The attached copy of Resolution No. (the "Resolution") is a full, true and ,
correct copy of an Resolution duly adopted at a regular meeting of the City Council of the
City held at the regular meeting place thereof on March 20, 2007, as that Resolution
appears on the minute book of the City; and the Resolution will be in full force and effect
immediately following its adoption; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the i
adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2007.
CITY OF KENT, WASHINGTON
I
Brenda Jacober, City Clerk
r
LID 362 Resolution of Intent-
Set Public Hearing Date '
5
i
Exhibit A
L.I.D. Boundary Description
i L.I.D. 362 — East Valley Highway Improvements
(SR 167 to S. 2121h Street)
Those portions of the southeast quarter and the northeast quarter of Section 12, Township
22 North, Range 4 East, W.M., and the southwest quarter and the northwest quarter of
Section 7, Township 22 North, Range 5 East, W.M., all in King County, Washington,
described as follows:
iCommencing at the southwest section corner of said Section 7; thence northerly, along the
line common to said Sections 7 and 12, to the easterly prolongation of the south line of Lot
2, Kent Short Plat SP 75-1, recorded under King County Recording Number 7503310529
and the TRUE POINT OF BEGINNING; thence westerly, along said prolongation and the
south line of said Lot 2, to the west line of said Lot 2; thence northerly, along the west line
of said Lot 2 and its northerly prolongation, to the south line of Lot 3, Kent Short Plat SP 76-
31, recorded under King County Recording Number 7705090836; thence westerly, along the
south line of said Lot 3, to the east line of Lot 2 in said short plat; thence northerly, along
the east line of said Lot 2 to the north line thereof; thence westerly, along said north line, to
the east line of Lot 1, Kent Short Plat SP 79-13, recorded under King County Recording
Number 8001151017; thence northerly, along said east line, to the north line of said Lot 1;
thence westerly, along said north line, to the east line of Lot 5, Shinn's Home Addition to
Kent, as recorded in Volume 7 of Plats, page 22, records of King County; thence northerly,
along said east line, to the north line of said plat; thence westerly, along the north line of
said plat, to the easterly margin of the Burlington Northern and Santa Fe Railroad right of
way; thence northerly, along said easterly margin, to the westerly prolongation of the
centerline of vacated South 218th Street; thence easterly, along said prolongation and
centerline, to the west line of Lot 3, Kent Five Acre Tracts as recorded in Volume 10 of Plats,
page 19, records of King County, thence northerly, along said west line, to the north line of
said Lot 3; thence easterly, along said north line, to the east line of Lot A, Kent lot Line
Adjustment LL 94-13, recorded under King County Recording Number 9406070431; thence
northerly, along said east line to an angle point in said east line; thence continuing along
said east line, westerly to an angle point in said east line, thence northerly, along said east
line and its northerly prolongation to the north margin of South 2161h Street; thence
westerly, along said north margin, to the west line of Parcel 4, Kent Short Plat SP 77-38,
i recorded under King County Recording Number 7811080733; thence northerly, along said
west line, to the north line of said short plat; thence easterly, along the north line of said
short plat, to the west line of the Clow-Knight Kent Short Plat recorded under King County
Recording Number 7611180568; thence northerly, along said west line, to the north line of
said short plat; thence easterly, along said north line and its easterly prolongation, to the
west line of said Section 7; thence southerly, along the west line of said Section 7, to the
north line of the south 767.62 feet of Government Lot 2 in said Section 7; thence easterly,
along said north line, to the east line of the west 755.65 feet of said Government Lot 2 as
described in Kent Lot Line Adjustment LL 91-8 , recorded under King County Recording
Number 9106110299; thence southerly, along said east line and its southerly prolongation
i to the south line of Lot 10, Shinn's Cloverdale Addition to Kent as recorded in Volume 6 of
Plats, page 52, records of King County; thence westerly, along said south line, to the west
line of the east one acre of Lot 9, Shinn's Cloverdale Addition; thence southerly, along said
west line and its southerly prolongation, to the southerly margin of South 218th Street;
thence easterly, along said southerly margin, to the west line of Lot 12, Shinn's Cloverdale
Addition; thence southerly, along said west line, to the north line of Lot 13, Shinn's
Cloverdale Addition; thence easterly, along the north line of said Lot 13 and Lot 16 in said
plat, to the east line of the west half of said Lot 16, thence southerly, along said east line,
LID 362 Resolution of Intent-
Set Public Hearing Date
A - 1
to the easterly prolongation of the south line of Lot 5, Shinn's Cloverdale Addition; thence
westerly, along said prolongation and the south line of said Lot 5, to a point 485 feet east of
the northwest corner of Lot 4, Shinn's Cloverdale Addition; thence southerly, along the east
line of the west 485 feet of said Lot 4, to the south line of said Lot 4; thence westerly, along
said south line, to the east line of the west 277 feet of Lot 3, Shinn's Cloverdale Addition;
thence southerly, along said east line to the northerly margin of South 222"d Street; thence
westerly along said margin and its westerly prolongation, to the west line of said Section 7;
thence southerly, along said west line to the TRUE POINT OF BEGINNING.
LID 362 Resolution of Intent-
Set Public Hearing Date
A - 2
Exhibit B
Description of Improvements
L.I.D 362 — East Valley Highway Street and Utility Improvements
(SR 167 to S. 2121h Street)
Roadway Improvements:
Currently, East Valley Highway is a 5 lane road with 2 lanes in each direction and a center
turn lane. A third through lane exists at some locations but tapers back to 2 lanes. The
project will improve and rehabilitate East Valley Highway to the City principal arterial
standard. The roadway improvements include:
• Widening to 7 lanes (3 lanes each direction with a center turn lane).
• Installation of cement concrete sidewalks where sidewalks do not currently exist and
replacement of existing sidewalks where the road is being widened. Included is
sidewalk installation on the north side of S. 216th Street from East Valley Highway to
approximately 565 feet west of the center line of East Valley Highway to connect to
the existing sidewalk.
• Deteriorated portions of the existing roadway pavement will be removed and
replaced.
• The entire roadway area will receive an asphalt overlay.
• Catch basins and storm drains, driveway approach aprons and curb and gutter will
be replaced where necessary.
• Traffic signals will be modified and upgraded to accommodate the widened road.
• Existing utilities and other improvements such as fire hydrants, power poles, street
light poles, mailboxes, fences and signs will be relocated or adjusted as necessary
• New channelization
• Traffic signing
• New illumination system.
• Additional storm drainage including storm water detention and water quality
facilities.
• Street trees and hydroseeding
• Temporary erosion and sedimentation control facilities during construction.
ON, FROM TO
East Valley Highway SR 167 S. 212th Street
(aka 84th Ave. S.)
Sanitary Sewer Improvements:
Eight currently unserviced properties will receive eight inch diameter sanitary sewer
extensions and/or six inch diameter stubs to the property line.
Water Main Improvements:
Three currently unserviced properties will receive eight inch diameter water stubs from the
existing water main to the property line.
LID 362 Resolution of Intent-
Set Public Hearing Date
B - 1
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: KING CONSERVATION DISTRICT GRANT AGREEMENT,
RIVERVIEW PARK— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King Conservation
District WRIA Forum's grant agreement award in the amount of$40,000 to be used for
the City of Kent's Riverview Park Restoration Project.
In August 2006, the City completed a King Conservation District (KCD) Watershed
Forum Grant Application to obtain grant funding for the Riverview Park Restoration
Project. The City is working closely with the US Army Corps of Engineers (Corps) on
the project and will use the KCD grant as part of the City's cost share for the project
3. EXHIBITS: Public Works memorandum 2/27/07; letter and agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? YES
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
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
t KENT Phone: 253-856-5500
wAs HINGToN Fax: 253-856-6500
Address: 220 Fourth Avenue S.
' Kent, WA 98032-5895
Date: February 27, 2007
To: Chair Debbie Raplee and Public Works Committee
PW Committee Meeting Date: March 5, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director 4.-96 0 07.-0 7
Subject: Riverview Park Restoration Project Agreement to Award
a $40,000 Grant from King Conservation District WRIA Forum
Item 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend City Council to authorize the Mayor to sign the King Conservation
District WRIA Forum's grant agreement award in the amount of $40,000 to be used
for the City of Kent's Riverview Park Restoration Project.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other ❑ Attachments
Governing Policies Procedures, Rules & Regulations:
Background/History: In August 2006, the City of Kent completed a King Conservation
District (KCD) Watershed Forum Grant Application to obtain grant funding for the Riverview
Park Restoration Project. The City of Kent is working closely with the US Army Corps of
Engineers (Corps) on the project, and will use the KCD grant as part of the city's cost share
' for the project. Located along the 25500 block of Hawley Road (about t/z mile south of the
King County Journal building site), the project creates a new 820-ft long flow-through
channel, to provide summer rearing habitat and high low winter refuge for salmon in a critical
reach of the Lower Green River. Designs will be completed in 2007 with construction
anticipated to begin in 2008.
Summary: To receive the $40,000 grant funding, the agreement for award of the King
Conservation District WRIA Forum Grant needs to be signed by the Mayor.
Recommendations: Recommend City Council to authorize the Mayor to sign the King
Conservation District WRIA Forum's grant agreement award.
I( D
IT
King Conservation District
14 1,i Powell Avenue S1V,Ste drtihah%Y'Am?Cl low
January 17,2007
Alex Murillo
City of Kent, Public Works
220 411, Ave S
Kent, WA 98032-5895
Dear Mr. Murillo,
Enclosed are two copies of an Agreement for award of a King Conservation
District Menlbei Jurisdiction & WRTA Fonnn Grant for the Riverview Park
Restoration project This grant is funded with King Conservation District
Special Assessment funds awaided to the Green-Duwanush-CPS Watershed
Forum
After obtaining signatuies fiom City of Kent representatives, return both copies
of the Agreement to me I will obtani the required srgnatuies fi-om King
Conservation District iepiesentatives and forward a signed original for Your
recoils At that time, i will also forward a check foi the amount of the grant
award.
I am available to answer any questions you may Have. Please do not hesitate to
contact me
Sincerely,
Jessica Paige
Jrutsdiction & WRIA Grants Piogram
Enclosures (2)
KCD Ref KCD Ref07-Q00 Kent Rr%ererm Patk Apeenient
AGREEMENT FOR N'4`r'ARD OF
KING CONSERN TION DISTRICT WRIA FORUM GRANT
Green-Duwamish-Central Puget Sound Watershed Forum (WRIA 9)
Citv of Kent
This Agreement is made between the King Conservation District Number 9, a municipal
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 municipal corporation in King County,
Washington, located at 220 4"' Avenue South, Kent Washington 98032 (referred to herein as
"Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
I I 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, which 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
system 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
(govermnental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources, and
14 Whereas, certain Watershed Forums were established by King County and
through the voluntary association of agencies and entities situated within the particular watershed
basins or areas (i e , Snoqualmre Watershed Forum; Cedar/Lake Washington Sammanush
Watershed Forum, Green'Duwamrsh/Central Puget Sound Watershed Forum) for the purpose of
addiesstng and responding to environmental needs within their respective watershed basins and
in the region by cooperative efforts, and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas k
1 (WRIA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determmed that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee, and
1.7 Whereas, the Drsma and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a rant to
Recipient
1
SECTION 2. AGREEMENT
2 1 The District agrees to award Recipient a grant in the total amount of Forty
thousand Dollars (S40,000) Grant funds shall be used by Recipient solely for the performance
of the work described in Exhibit A which is attached hereto and incorporated herein by this
reference. The District shall pay the grant finds to Recipient in accordance with the District's
standard procedures, provided that such funds have been collected and received by the District
22 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3 3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work Further, Recipient agrees to return to the District any
grant fields that are not expended or remain after completion of the work covered by tills
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work winch shall be entirely within the Distnet's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries Enumclaw, Federal
Way, Milton, Pacific, and Skykonush Recipient shall be requned to refund to the District that
portion of any grant finds which are used for work performed outside the District's jurisdictional
boundaries
24 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 grant
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
shall be due May 31 and November 30 each year The Recipient shall also be iequired to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the woik The
final report shall, among other things, summarize the project'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
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the Distinct with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws
1 2 7 Recipient sliall be required to track project expenses using flue Budget Accounting
and Reporting System for the State of Washington ('BARS").
28 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's books and records in order to verify compliance with
the terns of this Agreement Recipient shall cooperate with the District in any such audit
L 2.9 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 all work performed by Recipient or its employees,
agents, contractors or subcontractors is performed 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
ensure compliance with this provision
2.11 Recipient agrees to indemnify, defend and hold hanmless 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 property 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 thus
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 assiu ns.
32 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 patties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The parties
i
contemplate that this A,-eement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
- 3 -
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement o❑ behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agrcement on behalf
of such party and that such party is bound by the signature of such representative
DISTRICT: RECIPIENT:
By By
Name Name
Title Title
Date Date
Approved as to Fonn: Approved as to Fonn:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By &,,^C... l_.. By '
Name C ( a t - �' i ,t�\0 � Name
Date Date
- 4 -
Exhibit A
�r
i
1
1
t
1
i
1
,1
1
King Conservation District
Watershed Forum Noncompetitive Grant Application
Project Name: Riverview Park Restoration Contact: Alex Munllo
Applicant: City of Kent - Public Works Title: Environmental En r Su v
Principal Partners (if any): Address:
Army Corps of Engineers 220 Fourth Ave S,
King County Kent, WA 98032-5895
RIA 9
Total Project Cost: $1,500,000 Phone: 253-856-5528
CD Funding Request: $40,000 Fax: 253-856-6500
Pro ect Start Date: September 2006 E-mail: amunllo ci.kent.wa.us
Project End Date: October 2008
1. Project Description:
The project is located in the City of Kent at the Riverview Park site along the 25500
block of Hawley Road. The site is bounded by SR-167 to the east, and a meander of
the Lower Green River (River Mile 24)which bound the site to the south, west, and
north. The confluence of Mill Creek (Lower Mill Creek - Auburn) and the Green River
are located on the south side of the project.
The City of Kent and the US Army Corps of Engineers (USACE) have prepared 6S%
design level plans for construction of a new side channel, adjacent to the main stem
of the Lower Green River and downstream from the mouth of Mill Creek. The project
involves excavation of a new trapezoidal shaped channel (roughly 20-ft deep, 150-ft
wide, and 820-ft long) to provide summer rearing habitat and high flow winter refuge
for salmon in a critical reach of the Lower Green River. Improvements to the channel
include the placement of large woody debris, streambed gravel, and riparian
plantings.
The project is consistent with the WRIA 9 Salmon Conservation and Recovery
Strategy as listed as project LG-7 in the Salmon Habitat Plan, and is a Green
Duwamish Ecosystem Restoration Project (GDERP).
A grant from KCD will be used as part of the City's cost share for the project with the
USACE, to complete the plans to final designs and to obtain permits to construct the
project.
2. Natural Resources Improvement Actions
The project falls within the King Conservation District's "Direct Improvement of
Natural Resource Conditions" category of actions. The main project objective is to
enhance fish and wildlife habitat along the Green River. With little to no off-channel
areas in this area of the Lower Green River, the project will provide much needed
salmon habitat and refuge in a key reach of the Green River and the mouth of Lower
Mill Creek. Key species target include Chinook, Chum, Pink, and Steelhead Salmon,
Bull and Cutthroat Trout. The project will also meet the KCD Strategic Plan Initiative
criteria by giving assistance to a municipality for in-stream corridor management
(3.b.iii Assistance for Municipalities).
KCD-Riverview Park Application 8-17-06 '
3. Project Activities and Measurable Results
We anticipate the following schedule for the Riverview Park Restoration project:
2006 — 2007 Complete Design and Permitting
Plans are currently at a 65% level of design. Final designs and permitting will be
complete by 2007.
2007 - 2008 Construct Project
For construction, the project will create about 820 lineal feet of new off-channel
rearing habitat for the Green River. Approximately 11,000 native plants will be
installed, and interpretive signage will be placed in the park.
2008 - 2013 Conduct Monitoring and Adaptive Management
The City of Kent will provide overall site management, including on-going
maintenance, monitoring, stewardship, removal of invasive vegetation, and
documentation of fish and wildlife species observed at the project site. Plantings will
be monitored for 5 years, including maintenance and monitoring of the vegetation
and replacement plants. A temporary irrigation system will be in place for 2 years
and will water plants twice a week during the dry season.
4. Effectiveness
The project would be efficiently and effectively managed by the City of Kent. The
Riverview Park project is also identified as a project within the Green/Duwamish
Ecosystem Restoration Program to be cost-shared with the US Army Corps of
Engineers. The design is under the direction of the USACE with expertise in fish
habitat improvement projects.
5. Efficiency
The City of Kent has worked closely with the US Army Corps of Engineers to provide a
comprehensive and economical design. The design will provide the best habitat,
hydrology, and hydraulics of the system while increasing the habitat for targeted
salmon species. The design will avoid disturbance of well vegetated areas of mature
trees and will maximize stream buffers.
6. Equity
The project is located in a city park that will be improved for passive recreational use
�. that will be available to the general public from the City of Kent and from surrounding
neighborhoods. The project will be showcased with interpretive trails and signage to
draw interest and educate the public on salmon habitat restoration.
7. Evaluation of Intended Results
Technical review of the design plans will be conducted by the City of Kent and the US
Army Corps of Engineers until final designs are complete. During construction, the
USACE will be onsite inspecting the project. Once construction is complete, as-built
plans will be completed and a final walk-thru of the project will be done. The City of
Kent will perform on-going maintenance and will conduct monitoring reports for five
years after the project is complete.
KCD-Riverview Park Application 8-17-06
8. Project Budget & Expenses
Budget em KCD Other Other Salmon
Funds Funds Funds Recovery
City of Kent USACE Program Total
alaries and Benefits
Travel/Meals/Mileage
ffice Field Supplies
Contracted/Professional
Services $40,000
Land Acquisition
Permits
Other Construction 310 000 $1,000,000 $150,000 $1,500,000
Total $40,000 $310,000 $1,000,000 $150,000 $1,500,000
9. KCD Acknowledgement. '
The King Conservation District will be acknowledged in any future printed material
and press-releases. KCD will also be invited and recognized as a sponsor of this '
project at a ground breaking ceremony that will occur at the start of construction.
Interpretive signs will be installed along the trail and KCD will be acknowledged as a
sponsor of this project on the signs. The signage will be a permanent fixture at the
site.
thorized Signature Date
i
1
KCD-Riverview Park Application 8-17-06
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RIVERVIEW PARK VICINITY MAP AND LEGEND
FUTURE ENHANCEMENT SITES - RIVERVIEW PARK-SIDE CHANNEL
CREATION AND REVEGETATION PROJECT
W/ACOE-SRFB
u5 u myy Coraa FUTURE ENHANCEMENT PROJECTS
of Enpineera
KENT s.4ttb Olslrlct
W.s HIND r 0N
A CREATES A NEW 800 LF SIDE CHANNEL .. ,
OFF THE MAIN STEM OF THE GREEN +k
RIVER AND DOWNSTREAM FROM THE
MOUTH OF LOWER MILL CREEK ,
• PROVIDES SUMMER REARING HABITAT
AND HIGH FLOW WINTER REFUGE FOR ;J n' '
SALMON.
�—
• IMPROVEMENTS INCLUDE LARGE WOODY
N k
DEBRIS, SPANNING GRAVEL AND
RIPARIAN PLANTINGS.
! PROJECT IS CONSISTENT WITH THE `?�
WRIA 9 SALMON CONSERVATION AND
w ,
RECOVERY STRATEGY AND IS A TOP °` cx
TIER PRIORITY ACTION PROJECT = I
LOCATED WITHIN A PRIORITY AREA AS - ��• . "� ,I r"ram
STATED IN THE SALMON HABITAT PLAN.
A PROJECT IS A GREEN DUWAMISH
ECOSYSTEM RESTORATION PROJECT. ^� ;k ` r -� _,
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R IVERVIEW PARK RESTORATION PROJECT LEGEND
PROPOSED RESTORATION PLAN ® FUTURE PARK PROJECT '
NEW RIPARIAN PLANTINGS
u _ ^r NEW SIDE CHANNEL
5 Army corns
of Engineers W/LARGE WOODY DEBRIS '
KENT S,orw Ofsirlol
EXCAVATION LIMITS '
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
' I. SUBJECT: CORPS OF ENGINEERS DESIGN AGREEMENT, RIVERVIEW
PARK—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the design agreement
between the City of Kent and the US Army Corps of Engineers to complete design for
the Riverview Park Restoration Project.
To complete design the City and the Corps must sign a Design Agreement (DA). The
DA requires that the City contribute 25 percent of the total design cost. The total
estimated cost is projected to be $451,200 of which the City's proportionate share is
projected to be $] 12, 800 and the Corps share is the remaimng$338,400 To fund a
portion of the project costs, the City successfully applied for and received a grant award
' in December 2006, from the state Salmon Recovery Funding Board in the amount of
$150,000.
3. EXHIBITS: Public Works memorandum and design agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue9 Yes
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
' Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6H
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
i Phone 253-856-5500
KENT Fax: 253 856-6500
WASHINGTON Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 27, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 5, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director J PU� 03-07-^01
Subject: Riverview Park Restoration Project Design Agreement
between the City of Kent and US Army Corps of Engineers
ITEM 4
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend City Council to authorize the Mayor to sign the Design Agreement
between the City of Kent and the US Army Corps of Engineers to complete design for
' the Riverview Park Restoration Project.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other ❑ Attachments
Governing Policies Procedures, Rules & Regulations:
Background/History: In October 2000, the US Army Corps of Engineers (Corps), in partnership
with 17 local Jurisdictions, non-profit organizations and the Muckleshoot Indian Tribe, completed
the Feasibility Report for the Green/Duwamish Ecosystem Restoration Project (ERP). The focus of
the ERP was the design and construction of 45 habitat restoration projects throughout the
Green/Duwamish watershed. The Riverview Park Restoration project was one of the identified
projects proposed within the ERP.
' The project is located along the 25500 block of Hawley Road (about 1/2. mile south of the King
County Journal budding site). To provide summer rearing habitat and high low winter refuge for
' salmon in a critical reach of the Lower Green River, the project creates a new 820-ft long flow-
through channel. Design will be completed in 2007 with construction anticipated to begin in 2008.
Summary: To complete design of the project, a partnership between the City of Kent and the
Corps must be entered through the signing of a Design Agreement (DA). The DA requires that the
City contribute 25 percent of the total design cost of the project. The total estimated design cost is
projected to be $451,200 of which the city's proportionate share is projected to be $112,800 and
the Corps share is the remaining $338,400. To fund a portion of the project costs, the City of Kent
successfully applied for and received a grant award in December 2006, from the state Salmon
Recovery Funding Board in the amount of$150,000,
Recommendations: Recommend City Council to authorize the Mayor to sign the Design
Agreement between the City of Kent and the US Army Corps of Engineers for the Riverview Park
Restoration Project.
DESIGN AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF KENT
FOR
DESIGN
' FOR THE
RIVERVIEW PARK RESTORATION PROJECT
THIS AGREEMENT is entered into this day of by
and between the Department of the Army(hereinafter the "Government"), represented by
the District Engineer of the U.S Army Corps of Engineers, Seattle District and City of
Kent(hereinafter the "Non-Federal Sponsor"), represented by Suzette Cooke,Mayor,
City of Kent
WITNESSETH,THAT:
WHEREAS, Federal Construction, General funds for Fiscal Year 2003, included
funds for the Government to initiate design of the Green Duwamish Ecosystem
Restoration Project(hereinafter the "Parent Project")at King County, Washington;
WHEREAS,the Government and the Non-Federal Sponsor desire to enter into an
agreement(hereinafter the "Agreement") for the provision of design for the Riverview
Park Restoration Project (an element of the Parent Project and hereinafter the "Project",
as defined in Article I.A. of this Agreement);
WHEREAS, construction or implementation of the Project is authorized by
Section 101(b) (26) of the Water Resources Development Act of 2000, Public Law 106-
541;
WHEREAS, Section 105(c) of the Water Resources Development Act of 1986,
Public Law 99-662 (33 U.S.0 2215), provides that the costs of design of a water
' resources project shall be shared in the same percentage as the purposes of such project;
WHEREAS,the Government and the Non-Federal Sponsor agree that, during the
period of design,the Non-Federal Sponsor shall contribute 25 percent of total design
costs and that, if a Project Cooperation Agreement for construction of the Project is
executed between the Government and a non-Federal interest, such non-Federal interest
shall contribute any remaining portion of the non-Federal share of the costs of design in
accordance with the provisions of such Project Cooperation Agreement;
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and
financing of the Project in accordance with the terns of this Agreement; and
WHEREAS,the Government and the Non-Federal Sponsor, in connection with
this Agreement, desire to foster a partnering strategy and a working relationship between
the Government and the Non-Federal Sponsor through a mutually developed fonnal
strategy of commitment and communication embodied herein, which creates an
environment where trust and teamwork prevent disputes, foster a cooperative bond
between the Government and the Non-Federal Sponsor, and facilitate the successful
design and implementation of the Project. '
NOW,THEREFORE,the Government and the Non-Federal Sponsor agree as
follows:
ARTICLE I - DEFINITIONS
A. The term "Project"shall mean Riverview Park Restoration Project as generally '
described in the final report of the Chief of Engineers dated December 29, 2000, and
"Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," '
dated October 2000 and approved by the District Engineer, U S. Army Corps of
Engineers, Seattle District, on October 30, 2000.
B. The term"total design costs"shall mean the sum of all costs incurred by the '
Non-Federal Sponsor and the Government in accordance with the terms of this Agreement
directly related to design of the Project. Subject to the provisions of this Agreement,the
term shall include, but is not necessarily limited to: the Government's costs of engineering
and design, economic and environmental analyses, and evaluation performed after a
feasibility report whether performed prior to or after the effective date of this Agreement ,
that were not previously shared with a non-Federal interest pursuant to any other
agreement; the Govennnent's supervision and administration costs:the Non-Federal
Sponsor's and the Government's costs of participation in the Design Coordination Team in
accordance with Article III of this Agreement;the Goveminent's costs of contract dispute
settlements or awards; and the Non-Federal Sponsor's and the Government's costs of audit
in accordance with Article VILB. and Article VII.C.of this Agreement. The term does not '
include any costs of betterments under Article II.E. of this Agreement; any costs of dispute
resolution under Article V of this Agreement, any costs incurred as part of reconnaissance
studies for the Project; any costs incurred as part of feasibility studies under any other ,
agreement for the Project; the Non-Federal Sponsor's costs of negotiating this
Agreement; or any costs of negotiating a project cooperation agreement for the Project or
separable element thereof. '
C. The term "Period of design"shall mean the time from the effective date of this
Agreement to the date that a Project Cooperation Agreement for construction of the
Project, or a separable element thereof, is executed between the Government and a non-
Federal interest or the date that this Agreement is terminated in accordance with Article
X of this Agreement, whichever is earlier. ,
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D. The term "financial obligations for design"shall mean the financial obligations
of the Government that result or would result in costs that are or would be included in total
' design costs.
E. The term"non-Federal proportionate share"shall mean the ratio of the Non-
Federal Sponsor's total contribution of funds required by Article II B 1. of this Agreement to
financial obligations for design,as projected by the Government.
F. The term"betterment"shall mean a difference in the design of an element of the
Project that results from the application of standards that the Government determines
exceed those that the Government would otherwise apply to the design of that element. The
term does not include any design for features not included in the Project as defined in
paragraph A of this Article.
G. The term "Federal program funds"shall mean funds provided by a Federal
agency, other than the Department of the Army,plus any non-Federal contribution
1 required as a matching share therefor.
H. The term"fiscal vear"shall mean one year beginning on October 1 and ending
' on September 30.
I. The tern"fiscal year of the Non-Federal Sponsor" shall mean one year
beginning on January 1 and ending on December 31.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the
United States(hereinafter the"Congress")and using those funds and funds provided by the
Non-Federal Sponsor, expeditiously shall design the Protect, applying those procedures
' usually applied to Federal projects, in accordance with Federal laws,regulations, and
policies.
1. The Government shall not issue the solicitation for the first contract for
design of the Project or commence design of the Project using the Government's own
' forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed
with design of the Project.
I 2. To the extent possible, the Government shall design the Project in
accordance with the Project Management Plan for the Project developed and updated as
required by the Government after consultation with the Non-Federal Sponsor.
3. The Government shall afford the Non-Federal Sponsor the opportunity to
review and comment on the solicitations for ail contracts,including relevant scopes of work,
' prior to the Government's issuance of such solicitations. To the extent possible,the
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Govermment steal l afford the Non-Federal Sponsor the opportunity to review and comment ,
on all proposed contract modifications, including change orders In any instance where '
providing the Non-Federal Sponsor with notification of a contract modification is not
possible prior to execution of the contract modification, the Government shall provide such
notification in writing at the earliest date possible. To the extent possible,the Government '
also shall afford the Non-Federal Sponsor the opportunity to review and comment on all
contract claims prior to resolution thereof. The Government shall consider in good faith the
comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts
or commencement of design using the Government's own forces,execution of contract
modifications,resolution of contract claims,and perfonnance of all work on the Project
shall be exclusively within the control of the Government
4 At the time the U.S. Army Engineer, Seattle District(hereinafter the
"District Engineer") furnishes the contractor with the Government's Written Notice of
Acceptance of Completed Work for each contract awarded by the Govemmnent for the
Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor.
5. The Government shall afford the Non-Federal Sponsor the opportunity
to review and comment on all design products that are developed by contract or by
Government personnel during the period of design The Government shall consider in
good faith the comments of the Non-Federal Sponsor, but the final approval of all design
products shall be exclusively within the control of the Government.
6. Notwithstanding paragraph A.4. of this Article, if the award of any
contract for design of the Project, or continuation of design of the Project using the
Government's own forces, would result in total design costs exceeding $451,200, the
Government and the Non-Federal Sponsor agree to defer award of that contract, award of
all remaining contracts for design of the Project, and continuation of design of the
Project using the Government's own forces until such time as the Government and the
Non-Federal Sponsor agree in writing to proceed with further contract awards for the
Project or the continuation of design of the Project using the Govermnent's own forces, '
but in no event shall the award of contracts or the continuation of design of the Project
using the Government's own forces be deferred for more than three years.
Notwithstanding this general provision for deferral, in the event the Assistant Secretary ,
of the Anny (Civil Works) makes a written determination that the award of such contract
or contracts or continuation of design of the Project using the Government's own forces
trust proceed in order to comply with law or to protect human life or property from '
imminent and substantial harm, the Government, after consultation with the Non-Federal
Sponsor, may award a contract or contracts, or continue with design of the Project using
the Govermnent's own forces.
7. As of the effective date of this Agreement, $3,352,000 of Federal funds
for design and construction have been provided by Congress for the Parent Project of
which $1,538,400 is currently projected to be available for the Project. The Government
makes no commitment to request Congress to provide additional Federal funds for the
Parent Project or the Project. Further, the Government's financial participation in the
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Project is limited to the Federal funds that the Government makes available to the
Project.
B. The Non-Federal Sponsor shall contribute 25 percent of total design costs in
accordance with the provisions of this paragraph.
1. The Non-Federal Sponsor shall provide funds in accordance with Article
W.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's share
of 25 percent of total design costs if the Government projects at any time that the collective
value of the Non-Federal Sponsor's contributions under Article III and Article VII of this
Agreement will be less than such share.
2. The Govermnent,subject to the availability of funds,shall refund or
reimburse to the Non-Federal Sponsor any contributions in excess of 25 percent of total
design costs if the Goverment determines at any time that the collective value of the
following contributions has exceeded 25 percent of total design costs: (a)the value of the
Non-Federal Sponsor's contributions under paragraph B 1.of this Article; and(b)the value
of the Non-Federal Sponsor's contributions tinder Article III and Article VI of this
Agreement.
C. Upon conclusion of the period of design,the Government shall conduct an
accounting, in accordance with Article IV C. of this Agreement, and furnish the results to
the Non-Federal Sponsor.
D. The Non-Federal Sponsor shall not use Federal program f unds to meet any of its
obligations for the Project under this Agreement unless the Federal agency providing the
Federal portion of such funds verifies in writing that expenditure of such funds for such
purpose is expressly authoi ized by Federal law.
E. The Non-Federal Sponsor may request the Government to include betterments
in the design of the Project Such requests shall be in writing and shall describe the
betterments requested to be included in the design of the Project. If in its sole discretion
the Government elects to include such betterments or any portion thereof in the design of
the Project, it shall so notify the Non-Federal Sponsor in a writing that sets forth any
applicable terms and conditions,which must be consistent with this Agreement. In the
event of conflict between such a writing and this Agreement,this Agreement shall
1 control. The Government shall allocate the costs of the Project features that include
betterments between total design costs and the costs of the betterments. The Non-Federal
Sponsor shall be solely responsible for all costs of design of the betterments by the
Government under this paragraph and shall pay all such costs in accordance with Article
IV.D. of this Agreement.
F. If the Government and a non-Federal interest enter into a Project Cooperation
Agreement for construction of the Project, or a separable element thereof, the
Goverment, in accordance with the provisions of this paragraph, shall include the
amount of total design costs in total project costs for the Project, or separable element
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thereof. Further, the Government, in accordance with the provisions of this paragraph, ,
shall afford credit toward the non-Federal interest's share of total project costs for the
Project, or separable element thereof, for the Non-Federal Sponsor's contributions '
toward total design costs under this Agreement.
1. If the Govermnent and a non-Federal interest enter into a Project
Cooperation Agreement for construction of the entire Project, the Govermnent shall
include the amount of total design costs in total project costs for the Project. Further, the
Government shall afford credit toward the non-Federal interest's share of total project
costs for the Non-Federal Sponsor's contributions toward total design costs, including
any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of
this Agreement that was not refunded or reimbursed by the Government.
2. If the Government and a non-Federal interest enter into a Project
Cooperation Agreement for construction of a separable element of the Project, the
Government shall determine the portion of total design costs that are allocable to such
separable element and include such amount in total project costs for such separable
element Further, the Government shall determine the amount of the Non-Federal
Sponsor's contributions toward total design costs, including any excess amount
determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that
was not refunded or reimbursed by the Government, that are allocable or attributable to
such separable element and shall afford credit for such amount toward the non-Federal
interest's share of total project costs of such separable element. ,
3. If the Govermnent and a non-Federal interest do not enter into a Project
Cooperation Agreement for construction of the Project or a separable element thereof, ,
the Government shall not be obligated to refund or reimburse the Non-Federal Sponsor,
in whole or in part, for the Non-Federal Sponsor's 25 percent contribution of total design
costs Further, refund or reimbursement by the Government for any excess amount
determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement is
subject to the availability of funds.
G This Agreement shall not be construed as obligating either party to seek funds
for, or to participate in, construction or implementation of the Project or a separable
element thereof or as relieving the Non-Federal Sponsor of any future obligation under
the terms of any Project Cooperation Agreement.
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ARTICLE III - DESIGN COORDINATION TEAM
A. To provide for consistent and effective communication,the Non-Federal Sponsor
and the Government,not later than 30 calendar days after the effective date of this
Agreement, shall appoint named senior representatives to a Design Coordination Team.
Thereafter, the Design Coordination Team shall meet regularly until the end of the period of
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design. The Government's Project Manager and a counterpart named by the Non-Federal
Sponsor shall co-chair the Design Coordination Team.
B. The Government's Project Manager and the Non-Federal Sponsor's counterpart
shall keep the Design Coordination Team infonned of the progress of design and of
significant pending issues and actions, and shall seek the views of the Design Coordination
Team on matters that the Design Coordination Team generally oversees.
C. Until the end of the period of design,the Design Coordination Team shall
generally oversee the Project, including matters related to: design; completion of all
necessary environmental coordination and documentation,scheduling of reports and work
products;plans and specifications;real property and relocation requirements for
construction of the Project; design contract awards and modifications; design contract costs;
the Government's cost projections, anticipated requirements and needed capabilities for
performance of operation, maintenance,repair, rehabilitation, and replacement of the
Project including issuance of permits, and other matters related to the Project. This
oversight of the Projecl shall be consistent with a project management plan developed by
the Government after consultation with the Non-Federal Sponsor.
1 D. The Design Coordination Team may make recommendations to the District
Engineer on matters related to the Project that the Design Coordination Team generally
oversees, including suggestions to avoid potential sources of dispute The Government in
good faith shall consider the recommendations of the Design Coordination Team The
Govenmuent, having the legal authority and responsibility for design of the Project,has the
discretion to accept or reject, in whole or in part,the Design Coordination Team's
recommendations.
E. The Non-Federal Sponsor's costs of participation in the Design Coordination
Team shall be included in total design costs and shared in accordance with the provisions
of this Agreement, subject to an audit in accordance with Article VII.C. of this
' Agreement to determine reasonableness, allocability, and allowability of such costs. The
Government's costs of participation in the Design Coordination Team shall be included
in total design costs and shared in accordance with the provisions of this Agreement.
ARTICLE IV-METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall
maintain current records and provide to the Non-Federal Sponsor current projections of
costs, financial obligations, and the contributions provided by the parties.
1. As of the effective date of this Agreement, total design costs are
projected to be $451,200, the Non-Federal Sponsor's contribution of funds required by
Article ILB.1. of this Agreement is projected to be$112,800, the non-Federal
proportionate share is projected to be 25 percent; and the Govenurient's total financial
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obligations to be incurred to include betterments in the design of the Project and the
Non-Federal Sponsor's contribution of funds for such costs required by Article II.E. of
this Agreement are projected to be $338,400. These amounts and percentage are
estimates subject to adjustment by the Government, after consultation with the Non-
Federal Sponsor, and are not to be construed as the total financial responsibilities of the
Government and the Non-Federal Sponsor. ,
2. By date of signature of agreement and by each quarterly anniversary
thereof until the conclusion of the period of design and resolution of all relevant claims
and appeals, the Government shall provide the Non-Federal Sponsor with a report setting
forth all contributions provided to date and the current projections of the following- total
design costs; the Non-Federal Sponsor's total contribution of funds required by Article
ILB 1. of this Agreement: the non-Federal proportionate share, and the Government's
total financial obligations to be incurred to include betterments in the design of the
Project and the Non-Federal Sponsor's contribution of funds for such costs required by
Article H.E. of this Agreement.
B. The Non-Federal Sponsor shall provide the contribution of funds required by ,
Article II.B.1. of this Agreement in accordance with the provisions of this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for issuance ,
of the solicitation for the first contract for design of the Project or commencement of
design of the Project using the Government's own forces. the Government shall notify
the Non-Federal Sponsor in writing of such scheduled date and the funds the Government
determines to be required from the Non-Federal Sponsor to meet- (a)the non-Federal
proportionate share of financial obligations for design incurred prior to the
commencement of the period of design; (b) the projected non-Federal proportionate
share of financial obligations for design to be incurred for such contract; and (c) the
projected non-Federal proportionate share of financial obligations for design using the
Government's own forces through the first fiscal year Not later than such scheduled
date, the Non-Federal Sponsor shall provide the Government with the full amount of such
required funds by delivering a check payable to "FAO, USAED, Seattle District" to the ,
District Engineer, or verifymg to the satisfaction of the Govermnent that the Non-Federal
Sponsor has deposited such required funds in an escrow or other account acceptable to
the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the
Government with an irrevocable letter of credit acceptable to the Govermnent for such
required funds, or by providing an Electronic Funds Transfer of such required funds in
accordance with procedures established by the Government.
2. Thereafter, until the design of the Project is complete,the Government
shall notify the Non-Federal Sponsor in writing of the funds the Govermnent determines
to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor shall provide
such funds in accordance with the provisions of this paragraph.
a. The Government shall notify the Non-Federal Sponsor in
writing, no later than 60 calendar days prior to the scheduled date for issuance of the
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solicitation for each remaining contract for design of the Project, of the funds the
Government detennines to be required from the Non-Federal Sponsor to meet the
projected non-Federal proportionate share of financial obligations for design to be
incurred for such contract No later than such scheduled date,the Non-Federal Sponsor
shall make the full amount of such required funds available to the Government through
any of the payment mechanisms specified in paragraph B.1. of this Article.
b. The Government shall notify the Non-Federal Sponsor in
writing, no later than 60 calendar days prior to the beginning of each fiscal year in which
the Government projects that it will make financial obligations for design of the Project
using the Government's own forces, of the funds the Government determines to be
required from the Non-Federal Sponsor to meet the projected non-Federal proportionate
share of financial obligations for design using the Government's own forces for that
fiscal year No later than 30 calendar days prior to the beginning of that fiscal year the
Non-Federal Sponsor shall make the full amount of such required funds for that fiscal
year available to the Government through any of the payment mechanisms specified in
paragraph B 1. of this Article
3. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover: (a) the non-
Federal proportionate share of financial obligations for design incurred prior to the
commencement of the period of design-, and (b) the non-Federal proportionate share of
financial obligations for design as financial obligations for design are incur-red If at any
time the Govenunent detennines that additional funds will be needed from the Non-
Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations
for the current contract or to cover the Non-Federal Sponsor's share of such financial
obligations for work performed using the Government's own forces in the current fiscal
year the Government shall notify the Non-Federal Sponsor in writing of the additional
fluids required and provide an explanation of why additional funds are required. Within
60 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the
Government with the full amount of such additional required funds through any of the
payment mechanisms specified in paragraph B 1. of this Article.
C. Upon conclusion of the period of design and resolution of all relevant claims
and appeals,the Government shall conduct a final accounting and furnish the Non-
Federal Sponsor with written notice of the results of such final accounting. If outstanding
I relevant claims and appeals prevent a final accounting from being conducted in a timely
manner, the Government shall conduct an interim accounting and furnish the Non-
Federal Sponsor with written notice of the results of such interim accounting. Once all
outstanding relevant claims and appeals are resolved, the Govenunent shall amend the
interim accounting to complete the final accounting and furnish the Non-Federal Sponsor
with written notice of the results of such final accounting The interim or final
accounting, as applicable, shall detennine total design costs. In addition, the interim or
final accounting, as applicable, shall determine each party's required share thereof, and
each party's total contributions thereto as of the date of such accounting.
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1. Should the interim or final accounting, as applicable, show that the
Non-Federal Sponsor's total required share of total design costs exceeds the Non-Federal
Sponsor's total contributions provided thereto, the Non-Federal Sponsor, no later than 90
calendar days after receipt of written notice from the Government, shall make a payment
to the Govermnent in an amount equal to the difference by delivering a check payable to
"FAO, USAED, Seattle District" to the District Engineer or by providing an Electronic
Funds Transfer in accordance with procedures established by the Government.
2. Should the interim or final accounting, as applicable, show that the
total contributions provided by the Non-Federal Sponsor for total design costs exceed the
Non-Federal Sponsor's total required share thereof, the Government, subject to the
availability of funds, shall refund or reimburse the excess amount to the Non-Federal
Sponsor within 90 calendar days of the date of completion of such accounting In the
event the Non-Federal Sponsor is due a refund or reimbursement and funds are not
available to refund or reimburse the excess amount to the Non-Federal Sponsor, the
Government shall seek such appropriations as are necessary to make the refund or
reimbursement. If such appropriations are not received or, if the Non-Federal Sponsor
requests that the Government not refund or reimburse the excess amount to the Non-
Federal Sponsor, the Government shall apply the excess amount toward the share of total
project costs for the Project that is required of the non-Federal interest executing a ,
Project Cooperation Agreement or agreements for the Project or separable element
thereof in accordance with Article II.F. of this Agreement.
D. The Non-Federal Sponsor shall provide the contribution of funds required by
Article II.E. of this Agreement to include betterments in the design of the Project in
accordance with the provisions of this paragraph.
1. Not less than 30 calendar days prior to the scheduled date for the fast
financial obligation to include betterments in the design of the Project, the Govermnent
shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full
amount of funds the Govenmient determines to be required from the Non-Federat
Sponsor to cover the costs of design of such betterments. No later than 30 calendar days
prior to the Government incurring any financial obligation for design of such betterments,
the Non-Federal Sponsor shall provide the Government with the full amount of the funds
required to cover the costs of design of such betterments through any of the payment
mechanisms specified in paragraph B. of this Article.
2. The Government shall draw from the funds provided by the Non-
Federal Sponsor such sums as the Government deems necessary to cover the
Government's financial obligations for design of such betterments as they are incurred.
I£at any time the Government determines that the Non-Federal Sponsor must provide
additional funds to pay for design of such betterments, the Government shall notify the
Non-Federal Sponsor in uniting of the additional funds required and provide an
explanation of why additional funds are required. Within 30 calendar days from receipt
of such notice,the Non-Federal Sponsor shall provide the Govermnent with the full
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Iamount of such additional required funds through any of the payment mechanisms
specified in paragraph B 1. of this Article.
3. At the time the Government conducts the interim or final accounting,
as applicable, the Government shall conduct an accounting of the Government's financial
obligations to include betterments in the design of the Project and furnish the Non-
Federal Sponsor with written notice of the results of such accounting. If outstanding
relevant claims and appeals prevent a final accounting of design of such betterments from
being conducted in a timely manner, the Government shall conduct an interim accounting
of design of such betterments and furnish the Non-Federal Sponsor with written notice of
the results of such interim accounting. Once all outstanding relevant claims and appeals
are resolved, the Government shall amend the interim accounting of design of such
betterments to complete the final accounting of design of such betterments and furnish
the Non-Federal Sponsor with written notice of the results of such final accounting. Such
interim or final accounting, as applicable, shall determine the Government's total
financial obligations for design of such betterments and the Non-Federal Sponsor's
contribution of finds provided thereto as of the date of such accounting.
a. Should the interim or final accounting, as applicable, show that
I the total obligations for including betterments in the design of the Project exceed the total
contribution of funds provided by the Non-Federal Sponsor for design of such
betterments, the Non-Federal Sponsor, no later than 90 calendar days after receipt of
written notice from the Government, shall make a payment to the Government in an
amount equal to the difference by delivering a check payable to "FAO, USAED, Seattle
District"to the District Engineer or by providing an Electronic Funds Transfer in
accordance with procedures established by the Government.
b. Should the interim or final accounting, as applicable, show that
the total contribution of funds provided by the Non-Federal Sponsor for including
betterments in the design of the Pro)ect exceeds the total obligations for design of such
betterments, the Government, subject to the availability of funds, shall refund the excess
amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of
such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not
available to refund the excess amount to the Non-Federal Sponsor, the Government shall
seek such appropriations as are necessary to make the refund. If such appropriations are
not received or, if the Non-Federal Sponsor requests that the Government not refund the
1 excess amount to the Non-Federal Sponsor, the Government shall apply the excess
amount toward the share of total project costs for the Project that is required of the non-
Federal interest executing a Project Cooperation Agreement or agreements for the Project
or separable element thereof in accordance with Article II.F. of this Agreement
ARTICLE V-DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
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purported breach and seek in good faith to resolve the dispute through negotiation If the ,
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non-binding alternative dispute resolution with a qualified third
party acceptable to both parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement
ARTICLE VI—HOLD AND SAVE
Subject to the provisions of Article XIV of this Agreement,the The Non-Federal
Sponsor shall hold and save the Government free from all damages arising from design of
the Project and any betterments, except for damages due to the fault or negligence of the
Government or its contractors.
ARTICLE VII -MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement,the
Government and the Non-Federal Sponsor shall dcvelop procedures for keeping books, '
records, documents,or other evidence pertaining to costs and expenses incurred pursuant to
this Agreement. These procedures shall incorporate, and apply as appropriate,the standards
for financial management systems set forth in the Unifonn Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section
33 20. The Govermment and the Non-Federal Sponsor shall maintain such books,records,
documents, or other evidence in accordance with these procedures and for a minimum of
three years after completion of the accounting for which such books,records, documents,or
other evidence were required. To the extent permitted under applicable Federal laws and
regulations,the Government and the Non-Federal Sponsor shall each allow the other to ,
inspect such books, records,documents,or other evidence.
B. In accordance with 32 C.F.R. Section 33 26,the Non-Federal Sponsor is
responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-
7507),as implemented by Office of Management and Budget(OMB) Circular No. A-133
and Department of Defense Directive 7600.10 Upon request of the Non-Federal Sponsor
and to the extent permitted under applicable Federal laws and regulations,the Government
shall provide to the Non-Federal Sponsor and independent audttors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. ,
The costs of any non-Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such
costs as are allocated to the Project shall be mcluded in total design costs and shared in
accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. 7503,the Government may conduct audits in
addition to any audit that the Non-Federal Sponsor is required to conduct under the Single
Audit Act Amendments of 1996. Any such Goverument audits shall be conducted in
12
taccordance with Government Auditing Standards and the cost principles in OMB Circular
No. A-87 and other applicable cost principles and regulations. The costs of Goverument
audits performed in accordance with this paragraph shall be included in total design costs
and shared in accordance with the provisions of this Agreement.
ARTICLE VIII -FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement,the
Non-Federal Sponsor and the Government shall comply with all applicable Federal and
State laws and regulations, including, but not limited to: Section 601 of the Civil Rights
Act of 1964,Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive
5500 11 issued pursuant thereto and Army Regulation 600-7, entitled"Nondiscrimination
on the Basis of Handicap in Programs and Activities Assisted or Conducted by the
Department of the Army".
ARTICLE IX-RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Goverumtent and the Non-Federal Sponsor each act in an independent capacity,and
neither is to be considered the officer, agent,or employee of the other.
B. In the exercise of its rights and obligations under this Agreement,neither party
shall provide,without the consent of the other party, any contractor with a release that
waives or purports to waive any rights the other party may have to seek relief or redress
against that contractor either pursuant to any cause of action that the other party may have or
for violation of any law.
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ARTICLE X - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement,the Assistant Secretary of the Army(Civil Works) shall tennmate this
Agreement or suspend future performance under this Agreement carless he determines that j
continuation of design of the Project is in the interest of the United States or is necessary in
order to satisfy agreements with any other non-Federal interests in connection with the
Project.
B. In the event the Government projects that the amount of Federal funds the
Government will make available to the Project through the then-current fiscal year, or the
am Government
amount of Federal funds the Govement will make available for the Project through the
upcoming fiscal year, is not sufficient to meet the Federal share of total design costs that ,
the Government projects to be incurred through the then-current or upcoming fiscal year,
as applicable,the Government shall notify the Non-Federal Sponsor in writing of such
insufficiency of fiends and of the date the Government projects that the Federal funds that
will have been made available to the Project will be exhausted. Upon the exhaustion of
Federal funds made available by the Government to the Project, future performance
under this Agreement shall be suspended. Such suspension shall remam in effect until
such time that the Government notifies the Non-Federal Sponsor in writing that sufficient
Federal funds are available to meet the Federal share of total design costs the
Goverment projects to be incurred through the then-current or upcoming fiscal year,or
the Govenument or the Non-Federal Sponsor elects to terminate this Agreement.
C. In the event the Government determines that modifications to the Project are j
required and that additional authorization by Congress will be required before the
Government may construct such modifications, the Government shall notify the Non-
Federal Sponsor in writing of such determinations and shall terminate this Agreement.
D. In the event that this Agreement is terminated pursuant to tl>is Article, both ,
parties shall conclude their activities relating to the Project and conduct an accounting in
accordance with Article IV.C. of this Agreement. To provide for this eventuality,the
Govei nment may reserve a percentage of total Federal funds made available for the
Project and an equal percentage of the total funds contributed by the Non-Federal
Sponsor in accordance with Article II.B.1. of this Agreement as a contingency to pay
costs of tennination, including any costs of resolution of contract claims and contract
modifications.
E. Any tennination of this Agreement or suspension of future performance under
this Agreement in accordance with this Article shall not relieve the parties of liability for
any obligation previously incurred Any delinquent payment owed by the Non-Federal
Sponsor shall be charged interest at a rate,to be determined by the Secretary of the
Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week
Treasury bills auctioned immediately prior to the date on which such payment became
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delinquent, or auctioned immediately prior to the beginning of each additional 3 month
period if the period of delinquency exceeds 3 months
ARTICLE XI -NOTICES
A. Any notice,request,demand, or other commuiucation required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and
delivered personally or sent by telegram or mailed by first-class,registered, or certified mail,
as follows:
E
If to the Non-Federal Sponsor:
EPublic Works Department
City of Kent
220 Fourth Ave S
Kent, WA 98032-5895
IIf to the Government:
E Chief,Planning Branch,PPMD
Seattle District,Corps of Engineers
P.O Box 3755
Seattle, WA 98124-3755
B. A party may change the address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this Article.
C. Any notice,request. demand,or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time as
it is actually received or seven calendar days after it is mailed.
E
ARTICLE XII -CONFIDENTIALITY
To the extent permitted by the laws governing each party,the parties agree to
maintain the confidentiality of exchanged inforniation when requested to do so by the
providing party.
ARTICLE XIV- OBLIGATIONS OF FUTURE APPROPRIATIONS
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A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of i
future appropriations by the City of Kent of King County of the State of Washington,
where creating such an obligation would be inconsistent with the Constitution of the State
of Washington or the Kent City Code.
B. The Non-Federal Sponsor intends to fulfill its obligations under this
Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise
propose appropriations of funds in amounts sufficient to fulfill these obligations for that
year and shall use all reasonable and lawful means to secure those appropriations. The
Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these
obligations lawfully can and will be appropriated and made available for this purpose In
the event funds are not appropriated in amounts sufficient to fulfill these obligations, the
Non-Fedeial Sponsor shall use its best efforts to satisfy any requirements for payments or
contributions of funds under this Agreement from any other source of funds legally
available for this purpose. Further, if the Non-Federal Sponsor is unable to fulfill these
obligations, the Goverimient may exercise any legal rights it has to protect the
Govermnent's interests related to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,which
shall become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY CITY OF KENT
BY: BY:
COL MICHAEL MCCORMICK SUZETTE COOKE
DISTRICT COMMANDER MAYOR,CITY OF KENT
DATE: DATE:
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CERTIFICATE OF AUTHORITY
I, do hereby certify that I am the principal legal officer of
the CITY OF KENT,that the CITY OF KENT is a legally constituted public body with full
authority and legal capability to perform the terms of the Agreement between the
Department of the Anny and the CITY OF KENT in connection with design of the
RIVERVIEW PARK RESTORATION PROJECT, and to pay damages, if necessary, in the
event of the failure to perform in accordance with the terms of tlus Agreement and that the
persons who have executed this Agreement on behalf of the CITY OF KENT have acted
1 within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20_
Arthur Fitzpatrick
Deputy City Attorney
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CERTIFICATION REGARDING LOBBYING
The undersigned certifies,to the best of his or her knowledge and belief that: '
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf
of the undersigned,to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any Federal grant, the making of any Federal loan. the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Fonn-LLL,
"Disclosure Fonn to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a maternal representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Suzette Cooke
Mayor, City of Kent
DATE:
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Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: SOOS CREEK SEWER & WATER DISTRICT AGREEMENT FOR
UTILITY RELOCATION AT UPPER MERIDIAN VALLEY CREEK
CULVERT REPLACEMENT PROJECT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Soos Creek Water
and Sewer District Utility Agreement in the amount of$99,221 08, to be spent and
reimbursed within the Upper Meridian Valley Creek Culvert Replacement Project at SE
234`h Street, upon concurrence of the language by the City Attorney and Public Works
Director.
The agreement between Soos Creek Sewer and Water District and the City of Kent will
allow their water and sewer facilities to be relocated so that the culvert replacement
project can be completed
3. EXHIBITS: Public Works memorandum dated 2/26/07 and agreement
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
K E N T Phone: 253-856-5500
1 WAS„l�GTGN Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: February 26, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: March 5, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director 1--/26 03-o 2.^0 7
Subject: Soos Creek Sewer & Water District Agreement for Utility Relocation at
Upper Meridian Valley Creek Culvert Replacement Project at SE 234th St.
Item 5
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend authorization for the Mayor to sign the Soos Creek Water and Sewer
District Utility Relocation Agreement in the amount of $99,221.08, to be spent and
reimbursed within the Upper Meridian Valley Creek Culvert Replacement Project at
SE 2341h St, upon concurrence of the language therein by the City Attorney and
Public Works Director.
Will document be required?
❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History:
' The Upper Meridian Valley Creek Culvert Replacement Project at SE 234th St. will be
constructed with City storm drainage funds. The project will meet two purposes: 1) establish a
wider channel for fish passage in U.M.V. Creek under SE 234th St. including native plantings
along the banks of the creek and 2) to provide improved flow along U.M.V. Creek to prevent
flooding during major storm events. As a result of the project, SCSWD's existing water and
sanitary sewer facilities will need to be relocated. The City will initially pay for the utility
relocation costs, but will bill SCSWD for reimbursement since the project is in public right-of-
way.
Summary:
The Agreement between SCSWD and the City of Kent will allow their water and sewer facilities
to be relocated so that the culvert replacement project can be completed.
Recommendations:
Recommend City Council to authorize the Mayor to sign the Agreement regarding the Upper
Meridian Valley Creek Culvert Replacement at SE 234th Street between the City of Kent and
Soos Creek Water and Sewer District.
r.V rMffWffiWAe~d9*LV0APpNi 05 07doe
AGREEMENT REGARDING THE UPPER MERIDIAN VALLEY CREEK CULVERT
REPLACEMENT AT SE 234T" STREET PR03ECT BETWEEN THE CITY OF KENT
AND SOOS CREEK WATER AND SEWER DISTRICT
THIS AGREEMENT is entered into between the City of Kent, a Washington
Municipal Corporation, located and doing business at 220 Fourth Avenue South, Kent,
Washington 98032 (hereinafter called "CITY") and Soos Creek Water and Sewer
District, located and doing business at 14616 SE 192ND Street, Renton, Washington
98058 (hereinafter called "DISTRICT").
RECITALS
1. The CITY is in the process of designing a culvert improvement
commonly known as the Upper Meridian Valley Creek Culvert Replacement at SE
234`" Street Project (the "Project"), which commences on SE 234th Street, west of
132"d Avenue SE in Kent. The DISTRICT provides water and sewer service within the
area of the Project.
2. Within the area of the CITY's Project, the DISTRICT has water and
sewer facilities located within right-of-way. The CITY's Project requires that the
DISTRICT's water and sewer facilities be relocated in order to accommodate the
Project's box culvert. The DISTRICT is financially obligated to relocate these
facilities.
3. The CITY and the DISTRICT desire to work together for the mutual and
overall benefit of the Project and the sanitary sewer and water main relocation work.
To that end, in consideration of the terms, conditions, covenants and performances
contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED AS FOLLOWS:
iAGREEMENT
SECTION 1. GENERAL. The CITY, as agent acting for and on behalf of the
DISTRICT, agrees to perform the work of constructing the improvements for the
DISTRICT, in accordance with and as described in the attached Scope of Work
marked Exhibit A, Plans marked Exhibit B, and Cost of Work marked Exhibit C, all
of which are incorporated by this reference. This work shall herein be referred to as
the District's Relocation Project.
UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT — Page 1 of 6
(Between City of Kent and Soos Creek Water& Sewer District (February 21, 2007)
SECTION 2. CONSTRUCTION PLANS. Plans, Specifications and cost
estimates have been prepared by the CITY generally in accordance with the 2006
State of Washington Standard Specifications for Road, Bridge and Municipal
Construction, DISTRICT Standard Specifications as applicable and adopted design
standards. The DISTRICT hereby approves the Scope of Work and Plans for the
described construction as shown on Exhibits A and B, ("Scope of Work and Plans").
SECTION 3. CONSTRUCTION. The CITY is hereby designated the
DISTRICTSs construction agent for the DISTRICT'S Relocation. The CITY will
incorporate the Scope of Work and Plans into the CITY's Project and thereafter
advertise the resulting project for competitive bid. Once the contract is awarded, the
CITY will administer the contract. As construction agent, the CITY will perform all
engineering, survey and field inspections and shall make all payments to the
Contractor. The CITY will keep the DISTRICT advised as to the progress of the
DISTRICT'S Relocation Project. The CITY, as construction agent, shall have final
judgment, after consulting with the DISTRICT, with regards to decisions related to
the work of the Contractor.
SECTION 4. AUTHORITY TO CONSTRUCT. The DISTRICT hereby
authorizes the CITY to proceed with construction in accordance with the Plans and
Specifications for the purpose intended by this Agreement, and as further described
in Section 7.
SECTION 5. INSPECTION BY DISTRICT. The DISTRICT shall furnish an
inspector on the District's Relocation Project. Any costs for such inspection will be
borne solely by the DISTRICT. All contact between the DISTRICT'S inspector and the
City's Contractor shall be through the City's representatives.
SECTION 6. PAYMENT. An itemized Cost of Work to be performed by the
CITY for the DISTRICT is attached as Exhibit C. The DISTRICT, in consideration of
the faithful performance of the work to be done by the CITY, agrees to reimburse the
CITY for the actual direct cost of all work specified in the Cost of Work that is the
financial responsibility of the DISTRICT and shall take all necessary action to pledge,
UPPER MERIDIAN VALLEY CULVERT @ 234T" STREET AGREEMENT - Page 2 of 6
(Between City of Kent and Soos Creek Water& Sewer District (February 21, 2007)
budget and allocate the same. Payment shall be made by the DISTRICT to the CITY
within 30 days, upon the written request of the CITY, to cover actual direct costs
incurred by the CITY. Costs shall include the DISTRICT's portion of the Contractor's
construction costs, construction inspection and the CITY'S administration cost.
Payments delayed beyond 30 days shall include interest payments of 1 percent per
month.
SECTION 7. EXTRA WORK. In the event of unforeseen causes which
require an increase in the DISTRICT'S cost obligation of 25 percent or more from
that included in the Cost of Work, this Agreement will be modified by supplement
agreement covering the increase. In the event it is determined that any "substantial
change" from the description of the work contained in the Agreement is required,
written approval must be secured from the DISTRICT before beginning such work.
"Substantial change" is defined as any changes requiring an increase in the
DISTRICT' financial obligation (per Cost of Work) of greater than 25 percent. The
CITY shall provide prior written notice for all changes to the DISTRICT's portion of
the work regardless of the financial obligation.
SECTION 8. EMERGENCY REPAIRS. Prior to CITY acceptance of the
Contractor's work, if there is a need for emergency repair and the CITY's contractor
is unable to perform such repair in a timely manner, the DISTRICT shall have
permission to enter upon the CITY's right-of-way and complete said emergency
repair. Emergency repairs are defined as work performed by CITY or DISTRICT to
stabilize, remove immediate hazards or dangers by cutting and capping water and
sewer mains, and restoring immediate utility services to customers in the area.
Upon completion of any emergency repairs by the CITY or the DISTRICT, the CITY
and the DISTRICT shall cooperatively determine each party's financial responsibility.
SECTION 9. FINAL ACCEPTANCE. The CITY shall conduct a field review of
each constructed facility with representatives of the DISTRICT and shall further
require all punch list items to be corrected to the satisfaction of the DISTRICT and
the CITY before final acceptance by the CITY. The DISTRICT agrees, upon
satisfactory completion of the work involved as determined by the DISTRICT, to
deliver a letter of acceptance approving the CITY's design, management, and
' UPPER MERIDIAN VALLEY CULVERT @ 234T" STREET AGREEMENT— Page 3 of 6
(Between City of Kent and Soos Creek Water& Sewer District (February 21, 2007)
construction of the DISTRICT'S Relocation Project. Acceptance shall not constitute
acceptance of any unauthorized or defective work or materials, nor be a waiver of
any manufacturer's, supplier's or contractors' warranties. Final acceptance of the
DISTRICT'S Relocation Project shall be by the CITY after inspection by all agencies
involved.
SECTION 10. DELIVERY OF COMPLETED LINES. The CITY agrees, within ,
30 days from the date of completion and final acceptance by the DISTRICT and the
CITY of the Improvements, to transfer ownership of Improvements to the DISTRICT
by the appropriate documents. The CITY will forward to the DISTRICT any
guarantee or warranty furnished as a normal trade practice in connection with the
purchase of any equipment, materials, or items used in the construction of the
project. The CITY shall submit as-built drawings in Autocad electronic format to the
DISTRICT upon completion of the project for DISTRICT review and approval. Upon
delivery by the CITY to the DISTRICT and DISTRICT approval as described in this
section, the DISTRICT shall issue a release and waiver of all claims or demands of
any nature, past or present whether known or unknown, that result from the CITY's
performance of the work contemplated in this Agreement. This release and waiver
must be in a form acceptable to the Kent City Attorney. The Contractor shall warrant
the workmanship and materials utilized in the Improvements to be free of defects for
a period of two (2) years from the date of transfer.
SECTION 11. LEGAL RELATIONS. The CITY and the DISTRICT agree to
defend, save, keep, and hold harmless the other, its officers, agents, employees, and
volunteers from any and all damages, costs or expenses in law or equity that may
any time arise or be set up because of damages to property or personal injury
received by reason of, or in the course of, or which may be occasioned any willful or
negligent act or omission of the municipal entity arising out of the activities which
are the subject of this Agreement. The construction specifications shall include the
usual indemnification clause to protect the CITY and the DISTRICT.
SECTION 12. RESOLUTION OF DISPUTES AND GOVERNING LAW. This
Agreement shall be governed and construed in accordance with the laws of the State
of Washington. If the parties are unable to settle any dispute, difference or claim
UPPER MERIDIAN VALLEY CULVERT @ 234T" STREET AGREEMENT — Page 4 of 6
(Between City of Kent and Soos Creek Water& Sewer District (February 21, 2007)
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 located in
Kent, 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 of 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.
SECTION 13. WRITTEN NOTICE. All communications regarding this
Agreement shall be sent to the parties at the addresses listed on this Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
upon 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.
SECTION 14. ASSIGNMENT. Any assignment of this Agreement by either
party without the written consent of the non-assigning party shall be void.
SECTION 15. MODIFICATION. No waiver, alteration, or modification of
any of the provisions for the Agreement shall be binding unless in writing and signed
by a duly authorized representative of the CITY and the DISTRICT.
SECTION 16. ENTIRE AGREEMENT. The written provisions and terms of
this Agreement, together with any attached Exhibits, shall supersede all prior verbal
statements of any officer or other representative of both parties 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. This Agreement, including all Exhibits, is the entire
agreement between the parties. Should any language in any of the Exhibits to the
Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
SECTION 17. EFFECTIVITY. This Agreement shall be effective as to all
parties on the last date signed below.
UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT — Page S of 6
(Between City of Kent and Soos Creek Water& Sewer District (February 21, 2007)
1
IN WITNESS WHEREOF, this Agreement is executed by the Parties by their i
authorized officers indicated below.
CITY OF KENT: SODS CREEK WATER
AND SEWER DISTRICT:
By: By:
Print Name: Suzette Cooke Print Name: Ron Si)eer
Its: Mayor Its: District Manager
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Kent Law Department Attorney for Soos Creek Water
and Sewer District
P.\Cvil\Fies\OpenFles\0177-2DO7\SRYSDAgreement-upperMendian5E234thPmject doc
UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT- Page 6 of 6
(Between City of Kent and Soos Creek Water& Sewer. District (February 21, 2007)
EXHIBIT"A"
SCOPE OF WORK — WATER MAIN
An existing 8" diameter asbestos cement water main will be relocated to a lower
depth to accommodate the installation of a 12'x5' concrete box culvert on SE 234tn
Street, west of 132nd Avenue SE.
The work includes replacing approximately 60 lineal feet of 8" diameter AC water
main with 8' diameter ductile iron pipe, installing 33 lineal feet of 14" diameter steel
casing, two 8' diameter gate valves, two reconnections to the existing system, a 1"
diameter service connection and service line (if required), mobilization, traffic
control, and other related appurtenances.
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UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT—EXHIBIT A-1 OF 2
(Between City of Kent and Soos Creek Water & Sewer District
EXHIBIT "A"
SCOPE OF WORK - SANITARY SEWER
An existing concrete sanitary sewer will be removed and replaced along the current
alignment with ductile iron pipe and a portion will be installed in a casing pipe to
accommodate the installation of a 12' x 5' concrete box culvert on SE 234`h Street,
west of 132"d Avenue SE.
The work includes installation of two 48" diameter sanitary sewer manholes,
approximately 115 lineal feet of 8" diameter ductile iron pipe sewer main, 36 lineal
feet of 14" diameter casing pipe, 25 lineal feet of 6" diameter side sewer pipe,
reconnection to existing system, mobilization, traffic control, and other related
appurtenances.
UPPER MERIDIAN VALLEY CULVERT @ 234T" STREET AGREEMENT-EXHIBIT A-2 OF 2
(Between City of Kent and Soos Creek Water& Sewer District
EXHIBIT "B"
PLANS
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UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT-EXHIBIT B
(Between City of Kent and Soos Creek Water& Sewer District
EXHIBIT"C" i
COST OF WORK
UPPER MERIDIAN VALLEY CREEK CULVERT REPLACEMENT AT SE 234:' STREET PROJECT
WATER MAIN RELOCATION
Bid Item Unit Unit Cost Total
Mobilization 1 L.S. $2 400.00 $2 400.00
8-Inch Connection to ExistingWater Main 2 EA 2 500.00 $5 000.00
8-Inch Diameter Ductile Iron Pipe Class 52 70 L.F. $125 00 $8 750.00
Shorn or Extra Ex. Class B 800 S.F. $3.00 $2 400.00
14 Inch O.D. 0.25"Thick Steel Casing 33 L.F. $80.00 $2,640.00
8" Gate Valve Resilient Wedge w/Valve Box 2 EA $1,200.00 $2,400.00
Service Connection 1 Inch Diameter 1 EA $1 500.00 $1 500.00
Water Service Line 1 Inch Diameter 42 L.F. $75.00 $3,150.00
Pipe Zone Bedding 30 T $22.00 $660.00
Bank Run Gravel for Trench Backfill 40 T $18.00 $720.00
Quarry S alls for Foundation 15 T $40.00 $600.00
Traffic Control Labor 25 HRS $35.00 $875.00
Subtotal $31,095.00
Sales Tax 8.8% $2,736.36
Contingency 20% $6,219.00
Total $40,050.36
UPPER MERIDIAN VALLEY CULVERT @ 234TH STREET AGREEMENT-EXHIBIT C-1 OF 2
(Between City of Kent and Soos Creek Water& Sewer District
EXHIBIT"C"
COST OF WORK
UPPER MERIDIAN VALLEY CREEK CULVERT REPLACEMENT AT SE 234TH STREET PROJECT
SANITARY SEWER RELOCATION
Bid Item Qty Unit Unit Cost Total
Mobilization 1 L S. $3,400.00 $3,400.00
8-Inch Diameter Ductile Iron Pie Class 52 115 L.F. $120.00 $13 800.00
6-Inch Diameter PVC Side Sewer Pipe, Sch. 25 L.F. $110.00 $2,750.00
40
48-Inch Diameter Manhole Type I, Under 12 1 EA $5,000.00 $5,000.00
Feet
48-Inch Diameter Manhole Type I, 12 Feet to 1 EA $7,000.00 $7,000.00
20 Feet
-Locking Manhole Frame and Cover 2 EA $500.00 $1,000.00
Pipe Zone Bedding 50 T $22.00 $1 100.00
Bank Run Gravel for Trench Backfill 70 T $18.00 $1,260.00
-Quarry S alls for Foundation 30 T $40.00 $1 200.00
-Shoring or Extra Excavation Class B 1,600 S.F. $3.00 $4 800 00
14 Inch O.D. 0.25" Thick Steel Casing 36 L.F. $80.00 $2 880 00
Traffic Control Labor 50 HRS $35.00 $1 750.00
Subtotal $45,940.00
Sales Tax 8.8% $4,042.72
Contingency 20% $9,188.00
Total $59,170.72
1
i
UPPER MERIDIAN VALLEY CULVERT @ 234TM STREET AGREEMENT-EXHIBIT C-2 OF 2
(Between City of Kent and Soos Creek Water& Sewer District
i
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: KIWANIS CLUB DONATION— ACCEPT
2. SUMMARY STATEMENT: Accept the Kiwanis Club donation to the Kent
Drinking Driver Task Force (DDTF) in the amount of$200 to help cover costs of print
materials for a parent handout at Safety Street during Cornucopia Days.
I3. EXHIBITS: Kiwanis Club check
4. RECOMMENDED BY: Public Safety Committee 3/13/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund 1000.2251 Amount $200.00
Unbudgeted Revenue: Fund 1000 2251. Amount $200 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
POLICE DEPARTMENT
Steve Strachan, Chief of Police
Phone 253-856-5888
KENT Fax 253-856-6802
Address 220 Fourth Avenue S
Kent, WA 98032-5895
IDATE: March 13, 2007
TO: Public Safety Committee
SUBJECT: Kiwanis Club of Kent donation in the amount of$200
MOTION: I move to recommend that Council accept the donation from Kiwanis Club of Kent in
the amount of$200 and place this on the Consent Calendar for the March 20, 2007 Council
Meeting.
SUMMARY: The Kent Drinking Driver Task Force (DDTF) has received a donation from the
Kiwanis Club of Kent in the amount of S200 The funds will help cover the cost of print materials for a
parent handout at Safety Street during Cornucopia Days. The Kiwanis logo will be printed on the back
cover of the handout
EXHIBITS: Copy of Kiwanis Club of Kent check#2108
BUDGET IMPACT: None.
BACKGROUND:
fPublic Safety Committee Subject Kiwams Club of Kent donation$200
March 13,1007
POLICE ADMINISTRATION
Steve Strachan
'9 ! Chief of Police
220 4th Avenue South
Kent, WA 98032-5695
KENT Fax 253-856-6802
WASHINGTON PHONE. 253-856-5800
February 21, 2007
Michele Campbell, president
Kiwanis Club of Kent
11018SE244St
Kent, WA 98031
1 Dear Michele and members of your Kiwanis Club
We want to thank you for your generous donation of $200 to our Safety Street program.
The Kent Police and Fire Departments combine to present Safety Street during the 3 days of
Kent's Cornucopia celebration. We offer booths all along the street where kids and their parents
can get information on various safety subjects. A couple of other agencies are also involved so
there is a good variety of information.
Kids pick up a `passport' and get a sticker as they visit each booth. When the passport is filled
they go to the prize booth and get a bag of goodies. We have done this for several years and
last year we reached close to 3,000 kids and parents!
This year we want to give something to the parents who bring their kids through Safety Street.
We designed (along with our city's MultiMedia department) a note pad with cover and pen that
will have photos, safety messages, and contact numbers for police, fire, and more. The cover is
made of heavy card stock and should last quite a long time. The attached sheet shows the
initial mock-up so you can get a general idea. The final product is much nicer, a little different,
and we will be sure to send some to your club!
We are asking a few service clubs and a couple of companies for help with the cost to print
3,000 of these notepads and covers. To thank you for your donation, we will print the Kiwanis
logo onto the back of the notepad cover. It will be visible for years to come because the cover
is so sturdy! If all 3 of the Kiwanis Clubs in Kent participate, we will print "The Kiwanis Clubs of
Kent" by the logo.
r
Again, we appreciate your partnership in our efforts to bring safety to everyone in Kent.
Sincer ly,
KIWANIS` E
E CLUB OF KENT 2108
f E
3RD AVE SE W670/1251
,WA 98MB
V41" 8640 DATE
1 $ ���DOLLARSveryo a in the Orr6y�1�0D7)�2�U /Tacunm(253)770-35"MAYOR SUZETTE COOKS LO 6 708�: 20 2 7N�00 1,48 Din 2 108
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: KIWANIS CLUB DONATION— ACCEPT
2. SUMMARY STATEMENT: Accept the Kiwanis Club donation to the Kent
Drinking Driver Task Force (DDTF) in the amount of$450 to purchase prizes for the
winner of the "Keep A Friend Alive" poster design contest.
1 3. EXHIBITS: Kiwanis Club check
I4. RECOMMENDED BY: Public Safety Committee 3/13/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense- Fund 1000 2251. Amount $450 00
Unbudgeted Revenue: Fund 1000 2251. Amount $450 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
POLICE DEPARTMENT
Steve Strachan, Chief of Police
• Phone 253-856-5888
KENT Fax 253-856-6802
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: March 13, 2007
TO: Public Safety Committee
SUBJECT: Kiwanis Club of Kent donation in the amount of$450.
MOTION: I move to recommend that Council accept the donation from Kiwanis Club of Kent in
the amount of$450 and place this on the Consent Calendar for the March 20, 2007 Council
Meeting.
SUMMARY: The Kent Drinking Driver Task Force (DDTF) has received a donation from the
Kiwanis Club of Kent in the amount of$450 The funds were used to purchase prizes for the winners of
the "Keep A Friend Alive" poster design contest.
EXHIBITS: Copy of Kiwanis Club of Kent check#2105
BUDGET IMPACT: None.
BACKGROUND:
Public Safety Committee Subject Kiwanis Club of Kent donation$450
March 11,1001
POLICE ADMINISTRATION
Y Steve Strachan
J i Chief of Police
220 4 h Avenue South
Kent,WA 98032-5895
K EN T Fax, 253-856-6802
WAS41NOTON PHONE: 253-856-5800
' February 1, 2007
Ms. Deborah Ranniger
Ms. Michele Campbell
Kiwanis Club of Kent
Dear Advocate for Healthy Youth;
We are fast approaching the 23rd annual "Keep a Friend Alive" poster design
contest sponsored by the Kent Police Department's Drinking Driver Task Force.
Besides enjoying the art activity, most students have said they participate in order to
help others stay safe.
The contest is open to any Kent-area youth, pre-school through junior high. Posters
are submitted with various safety messages and judged on their positive message,
originality, and powerful impact.
In support of our youth, would you consider supporting this years contest? Last year
the Kiwanis Club of Kent provided $450 which was used to purchase Target gift cards
for the winners and a safety reflector for each and every student who entered a poster.
Several winners, along with their parents and families, teachers and principals, will be
Invited to an awards ceremony hosted by the Kent Mayor and City Council. The city's
cable access channel 21 will broadcast the ceremony and feature student artwork in
safety awareness public service announcements.
I look forward to hearing from you and any assistance is sincerely appreciated.
Thank you.
KIWANIS CLUB OF KENT 2105
SERVICE 9"70/1251
Cesi Velez 19214 143RD AVE SE
Kent Police — Drirn RENTON,WA 98058425-255-884o DATE
' (253)856-5884 )) $ �v
PAYTOTHE 4 ��
j ORDE OF �'
�(J—�_DOLLARS t e::.°i On
3 �f/
c
VeNNYmaN
Y
U 9tirvma
3 FOR
0 MAYOR SUZETTE COOKE-- �� L 2 5 L 0 6 7 0 8 1: 20 2 71110 0 L 4 8 2115 2 1 -S
1
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE
CHIEFS TRAFFIC SAFETY GRANT —ACCEPT
2. SUMMARY STATEMENT: Accept the funds from this grant in the amount of
$2,000 to purchase three (3) hand held radar units for the Kent Police Department's
Traffic Unit.
3. EXHIBITS: Award letter 2/20/07
4. RECOMMENDED BY: Public Safety Committee 3/13/07
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense:' Fund Amount $
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6L
POLICE DEPARTMENT
Steve Strachan, Chief of Police
• Phone 253-856-5888
KENT Fax 253-856-6802
Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: March 13, 2007
TO: Public Safety Committee
SUBJECT: Washington Association of Sheriffs and Police Chiefs grant
MOTION: I move to recommend that Council accept the Washington Association of Sheriffs and
Police Chiefs Traffic Safety grant in the amount of $2,000 and place this on the Consent Calendar for
the March 20, 2007 Council Meeting.
SUMMARY: The grant funds will be used to purchase three (3) hand held radar units for the Kent
Police Department's Traffic Unit. The grant is issued on a reimbursement basis.
EXHIBITS: Award letter from WASPC date 2/20/07.
BUDGET IMPACT- None.
BACKGROUND:
Public Safety Committee WASPC grant
March 13,2007
WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS
3060 Willamette Dr NE Lacey,WA 98516 PHONE(360)486-2380 FAX(360)486-2381 WEBSITE—www waspc org
Serving the Law Enforcement Community&the Citizens of Washington
o�0 5NER1r\4p
0
February 20, 2007
Im
x
Chief Steven Strachan WgS11I"
Kent PD
220 4th Ave S
Kent WA 98032
[� Dear Chief Strachan:
■ Thank you for applying for a WASPC Traffic Safety Grant. We are pleased to inform you that your agency has
been approved to receive the following:
✓ $2000 3 Hand held radars
The Federal Identification number for this grant is CFDA# 20.600 Invoices must be submitted to WASPC no
later than May 1, 2007. Any invoices not received by the deadline will not be reimbursed and the award money
will be forfeited Please note: WASPC is responsible for the amount of your grant award only. Any
expense in excess of the grant award must be paid by your agency.
A report is require for each Equipment, Mini & Multi-jurisdictional grant received by your department. The
2006-2007 Traffic Grant reports are due by October 15, 2007. Failure to report will result in denial of 2007-
2008 grant funds. For your convenience, the report form is enclosed with this letter. Your agency is
responsible for subscribing to the following commitments.
• Support statewide/national traffic safety initiatives, projects, and programs
• Report grant results to WASPC in a timely manner
• Subscribe and commit to aggressive traffic enforcement
Thank you for your dedication to traffic safety in the State of Washington. If you have any questions please
contact Heidi Hughes at(360) 486-2380. If you would like more informatton regarding state or federal traffic
safety grant funding, please contact the Washington Traffic Safety Commission at (360) 753-6197.
Sincerely,
Don Pierce
Executive Director, WASPC
President President Elect VIC e Aevidenl Past President Treasurer
RANDALI H CARROLL RICHARD LATHIM COLLFFN N ILSON CRAIG THAYER DAVID S1 ERN
Ch¢J Bellingham Sh,,f-Frankhu County Chief-Sumner Sher-Stevens County Chief-Edmonds
Executive Board
SCOTTC SMITH TOM SCHLICKER BRUCEJ WORK JOHN BATISTE SAMUELCRANATO
Chief Mountlake Terrace Chief-Semonnth Trba! Chief-Dept afFuh&Wdd6fe Chief-WSP Chuf-Yakima
MIKE HUMPHREYS JOHN L DIDION SUE RAHR LAURA LAUGHLIN DONALDC PIERCE
Sh,JJ-Walla Walla Conn, Sher,11-P,,,J,,County Sh,,,JJ-King County SAC-F& Executive Director
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
1. SUBJECT: SURPLUS POLICE VEHICLES (2) — AUTHORIZE
2. SUMMARY STATEMENT: Authorize the surplus of two (2) vehicles that are no
longer suitable for use by the City and will be sold or disposed of as appropriate.
' 9958 1986 GMC armored truck, VIN 1GDJ7D1F6GV509593, WA license 20633D,
with 278,500 miles obtained for $1 on 2/14/86 This unit was converted for use
by the SRT and was in service for many years. It no longer fits the needs of the
' team, has excessive mileage and has many mechanical issues that are not
practical to finance A recipient police department has been located and will take
possession of the vehicle.
N/A 1985 Chevrolet Suburban, VIN 1G8GC26W6GF187467, WA license 36331D,
with 66,955 miles purchased in 1985. This vehicle was taken out of active
' service several years ago and was only used occasionally to transport the KPD
race car to venues.
3. EXHIBITS: None
4. RECOMMENDED BY: Public Safety Committee 3/13/07
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
' Council Agenda
Item No. 6M
POLICE DEPARTMENT
Steve Strachan, Chief of Police
' Phone 253-856-5888
Fax 253-856-6802
K E N T
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: March 13, 2007
' TO: Public Safety Committee
SUBJECT: Surplus Police Vehicles (2)
MOTION: I move to recommend that Council authorize staff to appropriately dispose of the
equipment as described in this memorandum and listed below.
SUMMARY: The listed vehicles (2) are no longer suitable for use by the city and will be sold or
disposed as appropriate.
Vehicle List:
9958 1986 GMC armored truck, VIN I GDJ7D I F6GV509593, WA license 206331), 278,500 miles,
obtained for S1 on 2/14/1986 This unit was converted for use by the SRT (commonly known
as SWAT) and was in service for many years It no longer fits the needs of the team, has
excessive mileage and has many mechanical issues that are not practical to finance. A
recipient police department for the vehicle has already been located and will take possession
of the vehicle.
N/A 1985 Chevrolet Suburban, VIN 1G8GC26W6GF187467, WA license 36331D, 66,955 miles,
' purchased in 1985 This vehicle was taken out of active service several years ago and was
only used to occasionally transport the KPD race car to venues. The program is no longer
active and this vehicle is not suitable for any other uses within the city
City of Kent Public Safety Committee Surplus Police Vehicles(2)
' March 13,2007
Kent City Council Meeting
Date March 20, 2007
Category Consent Calendar
I 1. SUBJECT: KENT DIVERSITY ADVISORY BOARD APPOINTMENT—
CONFIRM
' 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of
' Mr. Giannmarco Butler to serve as a member of the Kent Diversity Advisory Board.
Mr. Butler is a Kent resident, a graduate of Kentlake High School and is currently
employed at Hytek Finishes, Esterlme Corporation, in Kent. He also worked with the
Covington Community Center as an official with their soccer program.
Mr. Butler is looking forward to working with the Kent Diversity Advisory Board and
will bring his experience relating to cultural diversity, ethnic, religious, and social-
political philosophy. He will replace Roberto Gonzalez, who resigned his appointment,
and Mr. Butler's replacement appointment will be effective on March 21, 2007 and
continue until 9/30/2009.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`? N/A Revenue? N/A
Currently in the Budget? Yes No
' If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
OFFICE OF THE MAYOR
Suzette Cooke, Mayor
' Phone 253-856-5700
Fax 253-856-6700
Address 220 Fourth Avenue S
KENT Kent,WA 98032-5895
WASNINOTON
' MEMORANDUM
TO: DR. DEBORAH RANNIGER, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: SUZETTE COOKE, MAYOI2��[/
' DATE: MARCH 16, 2007
SUBJECT: APPOINTMENT TO KENT DIVERSITY ADVISORY BOARD
I would like to request confirmation of my appointment of Mr. Giannmarco Butler to serve as a
member of the Kent Diversity Advisory Board. Mr. Butler is a Kent resident, a graduate of
Kentlake High School and is currently employed at Hytek Finishes, Esterline Corporation, in
Kent. He also worked with the Covington Community Center as an Official with their soccer
program.
Gianni is looking forward to working with the Kent Diversity Advisory Board and will bring his
experience relating to cultural diversity, ethnic, religious, and socio-political philosophy. He will
replace Roberto Gonzalez, who resigned his appointment to work on behalf of the Lucy Lopez
Center, and Gianni's replacement appointment will he effective on March 21, 2007 and continue
until 9/30/2009
' I submit this for your confirmation.
jb
1
1
GIANNMARCO A. BUTLER
SUMMARY OF QUALIFICATIONS
I have experience in a wide array of areas relating to cultural diversity, ethnic, religious,
and socio-political philosophy. My strengths include a deep sense of situational
1 awareness, an appreciation and respect for the opinions and ideas of others, as well as a
reputation for being dependable, motivated, organized, courteous, and hard working.
' EMPLOYMENT HISTORY
HYTEK FINISHES, ESTERLINE CORPORATION,KENT WA
ANODIZE RACKINGIUNRACKING ASST. (SEPTEMBER 2006-PRESENT)
- Insure that proper time and technique are allocated for the preparation of various parts,
which will be treated with a series of chemicals.
- Carefully unrack parts after treatment, fill out all necessary paperwork, and route them
to their next destination within the factory.
- Work in support of the Production Lead and Line Operators to improve overall line
efficiency.
COVINGTON COMMUNITY CENTER, COVINGTON WA
YOUTH SOCCER OFFICIAL(OCTOBER 2003-APRIL 2006)
- Provide a basic link between the city and its constituents.
-Aid parents and youth in understanding the fundamentals of Soccer, and enjoying it as a
recreational activity.
-Act as a positive role model for young children; administer to their needs on the field, as
well as those of their parents and coaches.
EDUCATION
Kentlake High School (2003-2006)
Graduated 17 June 2006
Received High School Diploma,GPA of 3.5
1 of 2
ACHIEVEMENTS (GRADE 09 TO GRADE 12) ,
GRADE 09 (2002-2003) '
- Student of the Quarter: World History, Band, and Science. ,
-Male Student of the Year: Band
-Male T.A. of the Year: Physical Education
- One of the top Five Males attending Meeker Junior High, One of the top Ten Students '
Overall.
GRADE 10 (2003-2004) ,
- KWUSMCJROTC Armed Drill Cadet of the Year
- Member of KWUSMCJROTC Super Squad ,
- Qualified for and participated in State and Regional Armed Drill Competitions
'GRADE 11 (2004-2005)
- WASL Achievement (Awarded for passing all four sections)
- Student of the Quarter. English
- KWUSMCJROTC Unit and Armed Drill Team Squad Leader i
- Division Armed Drill Champions
- State Armed Drill Champions
- Regional Armed Drill Champions
- Kentlake High School Diversity Council: JROTC Representative
GRADE 12 (2005-2006)
- Kentlake High School Senior Class Vice President
- KWUSMCJROTC, Unit Platoon Commander, Unit Platoon Sergeant, Armed Drill
Team Commander, and Armed Drill Team Squad Leader.
- Division Armed Drill Champions ,
- Placed Third in State Armed Drill Competition, Fourth in Regional Armed Drill
Competition.
- Male student of the year: Social Studies, Mathematics ,
Kentlake High School Diversity Council: JROTC Representative
Named "Most likely to become President of the United States" by Kentlake High
School Class of 2006. '
- Alumnus:National Society of High School Scholars, Who's Who of American High
School Students.
-Nominated twice to attend the National Youth Leadership Forum on Defense,
Intelligence,and Diplomacy, in Washington DC; attended the Forum in February 2006
- Graduated Kentlake High School 17 June 2006 with a cumulative GPA of 3.5
-Nominated to join the International Scholar Laureate Program, Delegation on
Diplomacy; could not attend due to financial constraints.
i
2 of 2 '
Kent City Council Meeting
Date March 20, 2007
ICategory Other Business
1. SUBJECT: VISTA LANDING REZONEZ
(QUASI-JUDICIAL PR EEDING)
2. SUMMARY STATEMENT: he proposed ordinance relates to the proposed
' rezoning of approximately 3 acres of real property from Single Family Residential,
4.5 units per acre, to Single F,amaly Residential, 6 units per acre The property is
located at 10040 SE 267th'Street. The Kent Hearing Examiner held a public hearing on
February 21, 2007, and or(March 61 2007, issued Findings, Conclusions, and a
Recommendation for approval, with the condition that any subsequent development
proposals will limit subdivision to no more than thirteen (13) lots.
j,
3. EXHIBITS: Ox'dmance; Hearing Examiner Findings, Conclusions and
Recommendation; Staff Report with map; and Mitigated Determination of
Nonsigmficanc
4. RECOMM LADED BY: Hearing Examiner
(Committ e, Staff, Examiner, Commission, etc )
' 5. FISCA IMPACT
Expen No Revenue? No
Curre�tly in the Budget? Yes No
If no
Unbudgeted Expense: Fund Amount $
' Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
LCouncilmember moves, Councilmember seconds
to accept/reject/modify the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Vista Landing Rezone, with the condition that any subsequent
development proposals will limit subdivision to no more than thirteen (13) lots, and to
adopt Ordinance No.
DISCUSSION:
ACTION:
' Council Agenda
Item No. 7A
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 3 acres of
property located at 10040 SE 267th Street from SR-4.5
(Single-Family Residential, 4.5 units per acre) to SR-6
(Single-Family Residential, 6 units per acre). (Vista
Landing Rezone RZ-2006-9).
i
RECITALS
A. An application was filed on July 27, 2006, to rezone approximately 3
acres of property located at 10040 SE 267th Street from SR-4.5 (Single-Family
iResidential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per
acre). (Vista Landing Rezone, #RZ-2006-9).
B. The City's SEPA responsible official issued a Mitigated Determination
of Nonsignificance (MDNS) (#ENV-2006-54) for the proposed rezone on January
24, 2007.
C. A public hearing on the rezone was held before the hearing
examiner on February 21, 2007. On March 6, 2007, the hearing examiner issued
findings and conclusions that, with the condition that any subsequent subdivision
shall be limited to no more than thirteen (13) lots, the Vista Landing Rezone is
consistent with the cty's Comprehensive Plan; that the proposed rezone and
subsequent development activity would be compatible with the development in the
vicinity; that the proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse impacts that cannot
be mitigated; that circumstances have changed since the establishment of the
current zoning district to warrant the proposed rezone; and that the proposed
1 Vista Landing Rezone
rezone will not adversely affect the health, safety, and general welfare of the
citizens of the City of Kent. ,
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Vista Landing Rezone. '
E. On March 20, 2007, the City Council determined that the hearing
examiner's findings and conclusions are consistent with sections 15.09.050(A)(3)
and 15.09.050(C) of the Kent City Code. Council accepted the findings of the
hearing examiner, including the condition that any subsequent subdivision shall be
limited to no more than thirteen (13) lots, and adopted the hearing examiner's
recommendation for approval of the Vista Landing 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 10040 SE 267th Street in
Kent, Washington consisting of approximately 3 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), with the condition that any subsequent subdivision
shall be no more than thirteen (13) lots. The City of Kent zoning map shall be
amended to reflect the rezone granted above.
SECTION 3. - Severabdity. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
2 Vista Landing 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.
APPROVED: day of March, 2007.
IPUBLISHED: 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
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RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON
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OFFICE OF THE LAND USE HEARING EXAMINER
Theodore Paul Hunter
1KENT Hearing Examiner
FOR THE CITY OF KENT
WAS HI NGTON
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: VISTA LANDING REZONE
#RZ-2006-9 / KIVA #RPP4-2063517
APPLICANT: Todd Sherman
Northwest Land Group LLC
619 N 65th Street
Seattle, WA 98103
RE UEST: Request to rezone 3 acres from SR-4.5 Single Family
Residential to SR-6 Single Family Residential.
LOCATION: 10040 SE 267th Street, Kent, Washington
IAPPLICATION FILED: July 27, 2006
MITIGATED DETERMINATION
1 OF NONSIGNIFICANCE ISSUED: January 24, 2007
HEARING DATE: February 21, 2007
RECOMMENDATION ISSUED: March 6, 2007
IRECOMMENDATION: GRANTED with condition
STAFF REPRESENTATIVE: Sharon Clamp, City Planner
TESTIMONY: The following people testified under oath:
Sharon Clamp, Planner for the City of Kent
Eric LeBrie, Applicant Representative
1 Roger Hurst
Findrngs, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 1 of 10
Denise Simpson
Mike Gillespie, Development Review, Public Works
Department
EXHIBITS: 1. Staff File, with attachments:
A. Staff Report, dated February 14, 2007
B. Zoning Map Amendment (Rezone)
Application, received July 27, 2006, and
including a letter to the City of Kent, dated
October 26, 2006
C. Public Comment Letters
i. Letter from Denise and Brett Simpson,
dated February 9, 2007
ii. Letter from Denise and Brett Simpson,
received February 2, 2007
iii. Email from Denise Simpson to Sharon
Clamp, dated November 22, 2006 I
iv. Letter from Carl Hutchinson, received
September 11, 2006
v. Letter from Kevin Tucker, received
September 11, 2006
vi. Letter from Roger and Wendy Hurst,
received September 11, 2006
D. Department Routing and Comment
documents
E. Public Notice Documents, including
affidavits of notice, publication notice, and
mailing list
F. Notice of Completeness, Notice of
Application
G. Mitigated Determination of Non-
Significance, issued January 24, 2007, and
SEPA Environmental Checklist
H. Technical Information Report, revised
September 14, 2006
I. Critical Areas Assessment and Delineation,
received July 27, 2006
2. Email from Sally Mendel to Sharon Clamp,
dated February 14, 2007
3. Vista Landing Rezone Map
4. Photos:
A. Photo showing SE 267th Street
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner '
14ista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 2 of 10
B. Photo showing SE 267th Street
1 5. Photo depicting SE 267th Street
6. Parcel Map and Data printout from King County
GIS, with hand drawn lines depicting lots
fronting SE 267th Street
7. Aerial photo of site and surrounding
neighborhood
8. Letter from Eric Pennala to Sharon Clamp,
dated February 21, 2007
The Hearing Examiner enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearing:
FINDINGS
1. Todd Sherman (Applicant) requested a zoning map amendment to rezone 3
acres of land from SR-4.5, Single Family Residential, to SR-6, Single Family
Residential.' The subject property is located at 10040 SE 267th Street, in Kent,
Washington.Z Exhibit 1, Attachment B.
2. The City of Kent (City) determined the rezone application and preliminary plat
1 application to be complete on August 16, 2006, and issued a notice of application
on August 28, 2006. On August 28, 2006, the City posted notice of the
concurrent applications, sent notice to public agencies and parties of record, and
' published notice in the King County Journal, in compliance with City ordinances.
Exhibit 1, Attachment F.
3. The City published notice of the public hearing associated with the rezone and
preliminary plat applications in the Kent Reporter on February 10, 2007; posted
notice on the subject property; and mailed notice to all owners of property within
300 feet of the subject property. In order to accommodate the appeal period for
the Mitigated Determination of Non-Significance (MDNS), the record was held
open through end-of-business February 21, 2007. Exhibit 1, Attachment
4. The City of Kent acted as lead agency for review of environmental impacts
1 caused by the proposal. The City reviewed the environmental impacts for both
Concurrent with the rezone request, the Applicant also submitted a preliminary plat application to
1 subdivide the 3 acres into 13 lots, four tracts, and two roads. The preliminary plat application is
addressed in a separate decision. See Decision of Hearing Examiner, Vista Landing Preliminary Plat File
No SU-2006-8, KIVA # RPP3-2063487.
Z The property is identified by King County tax parcel number 292205-9211. A legal description of the
property is included with the rezone application. Exhibit', AttachmentB.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 3 of 10
the proposed rezone and the concurrently submitted preliminary plat
application. The City determined that with conditions, the rezone and
preliminary plat proposals together would not have a probable significant
adverse impact on the environment, and issued a Mitigated Determination of
Nonsignificance (MDNS) on January 24, 2007. The five conditions on the MDNS
require the Applicant to: (1) submit a Traffic Impact Study and construct the
transportation improvements called for in the study or pay an Environmental
Mitigation Fee representing the project's fair share of the City's South 272nd
Street/South 277th Street Corridor Project; (2) construct a sidewalk connecting
the subdivision with Scenic Hill Elementary, or, at the sole discretion of the
Department of Public Works pay a regional sidewalk improvement mitigation fee;
(3) utilize low-impact development techniques where deemed feasible by the
City; (4) minimize negative impacts to on-site soil and neighboring properties;
and (5) minimize grading and the need for retaining walls by following the '
natural topographical contours of the property. No appeal of the MDNS was
received prior to the expiration of the appeal date, on February 21, 2007.
Exhibit 1, Staff Report, page 3, Exhibit 1, Attachment G.
5. The property at issue was annexed to the City in 1994 (Ordinance No. 3171). It
was zoned SR-4.5 at that time, based on the existing residential development.
In support of the rezone request, the Applicant noted that the City performed
environmental review of the property and surrounding neighborhood in 1995 and
1996, resulting in a Comprehensive Plan designation of SF-6, allowing
development of up to 6 dwelling units per acre. The property maintained the SF-
6 designation with the 2001 Plan review and update; the 2004 Plan review and '
update; and most recently with the 2006 Plan revision. City of Kent
Comprehensive Plan Land Use Map Figure 4.7, page 4-53; Exhibit 1, Staff
Report, pages 9 and 11; Exhibit 1, Attachment B. I
6. The subject parcel is currently located in the City's SR-4.5 Single Family
Residential zoning district, which permits a maximum of 4.53 dwelling units per
acre and a minimum lot size of 7,600 square feet.4 A three acre parcel of land
with the SR-4.5 zoning classification could be developed with 13 lots.' The SR-6
3 The Washington Supreme Court endorsed this combined threshold review process when it found
impacts of a specific development proposal can be a useful yardstick to measure rezone impacts See
Citizens Alliance v. Auburn, 126 Wn.2d. 356, 365 (1995). Combined threshold review is consistent with
KCC 12.01.030(D), is a more efficient use of City, applicant and public resources, and promotes SEPA
policies. See 126 Wn.2d at 366 ("The SEPA rules underscore flexibility and gauge the level of detail ,
according to the proposal at issue").
4 The maximum density and minimum lot size for the SR-4.5 zoning district is found in KCC 15.04.170.
5 The maximum density calculation for dwelling units per acre in the SR-4.5 district is 3 acres x 4.5
dwelling units/acre = 13.5 dwelling units.
Findings, Conclusions and Recommendation
City of Kent Hearnng Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 4 of 10
zoning district would permit a maximum density of 6.05 dwelling units/acre on a
3.0 parcel, with a minimum lot size of 5,700 square feet, allowing for
development of up to 18 lots on a three acre parcel.b KCC 15.04.170; Exhibit 1,
Attachment A, Staff Report, page 2.
7. The Applicant stated that the intent of the rezone request is not to increase
density, but to allow development at the density level currently provided for by
providing flexibility in the minimum lot size. At the open record hearing held
February 21, 2007, Eric LeBrie testified on behalf of the Applicant that the need
for a Level 2 stormwater drainage facility, the lack of direct access onto SE 267th
Street, and other topographical constraints prevented the property from being
developed with 13 lots that comply with the SR-4.5 minimum lot size
requirements. Sharon Clamp, City Planner, testified that perhaps nine or ten lots
' could be developed in compliance with the SR-4.5 minimum lot size
requirements. Mr. LeBrie testified that possibly up to 11 lots could be developed.
He testified that if the rezone were approved, no more than 13 lots would be
developed. He indicated that the Applicant would accept a condition on the
preliminary plat application restricting development to a maximum of 13 lots.
Exhibit 1, Attachment B; Exhibit 8; Testimony of Mr. LeBrie; Testimony of
Ms. Clamp.
8. The City is constructing a sewer lift station at 104"' Avenue SE and SE 267th
Street, which would provide sewer service to the proposed subdivision. The
Applicant stated that the City based the size of the sewer lift station on an
assumption that the neighborhood would be built to the maximum density
currently allowed, including an assumption that the subject property would be
developed with 13 lots. Exhibit 1, Staff Report, page 11; Exhibit 8.
' 9. The Comprehensive Plan describes the Land Use Element as having "the central
role of defining the direction of the Comprehensive Plan, and thereby defining
the vision of the community." City Comprehensive Plan, Land Use Element, page
4-2. The Land Use Element includes the Land Use Map, which designates the
subject property as SF-6. In addition, the Land Use Element contains goals and
policies requiring a minimum density of four units per acre, encouraging
flexibility in housing and site designs, promoting home ownership with smaller
houses and lot sizes, and reducing urban sprawl by locating homes near
services.' Housing Element goals and policies relevant to the rezone request
'The maximum density and minimum lot size for the SR-6 zoning district is found in KCC 15.04.170. The
maximum density calculation for dwelling units per acre in the SR-6 district is 3 acres x 6.05 dwelling
units/acre = 18.15 dwelling units.
See Land Use Element Goals LU-9 and LU-10, and Policies LU-9.1, LU-9.4, and LU-10.4. City
Comprehensive Plan, Land Use Element(last revised May 4, 2006),pages 4-32 and 4-33.
1 Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
1 Page 5 of 10
include the promotion of home ownership by revising zoning codes to increase
the supply of affordable housing options such as small lot sizes.6 Exhibit 1,
Attachment A, Staff Report, pages 5— 9; Exhibit 1, Attachment B.
10. The property is accessed from SE 267th Street. The rezone request itself would
not generate increased traffic on SE 267th Street and in the surrounding
neighborhood. However, the proposed development allowed by the rezone
would generate 12 new PM peak hour trips. The Applicant would address traffic
impacts through the construction of street improvements and the payment of
traffic mitigation fees, as required by the MDNS and proposed preliminary plat
conditions of approval. Mr. LeBrie testified that the Applicant would construct
sidewalks to connect the property with Scenic Hill Elementary. Exhibit 1,
Attachment A, Staff Report, pages 2 and 10; Exhibit 1, Attachment G, MDNS.
11. The property is generally hilly, with slopes of up to 15 percent. There are
deciduous and evergreen trees located on the property. The buffer of an off-site
Type 2 stream, Mill Creek, extends onto the northeastern corner of the property.
With the associated preliminary plat application, the Applicant proposes setting
aside the stream buffer as a sensitive area. Exhibit 1, Attachment A, Staff
Report, page 3; Exhibit 1, Attachment I.
12. The City received several public comment letters regarding the rezone request.
Denise and Brett Simpson expressed concern that the proposed rezone would
not fit with the existing neighborhood in a letter dated February 9, 2007, and an
email dated November 22, 2006. Kevin Tucker stated that the current zoning is
proper and adequate for the neighborhood, which he described as established,
with single family homes on average or above average lots, in his letter dated
September 11, 2006. In their letter, received by the City on September 11,
2006, Roger and Wendy Hurst stated that the proposed lot sizes would not fit 1
the established neighborhood. Sally Mendel sent an email to Ms. Clamp on
February 14, 2007, expressing concern that the proposed rezone would interfere
with the privacy enjoyed by current residents. The letter writers also expressed
concern that development resulting from the rezone would lead to increased
s See Housing Element Goal H-7 and Policies H-7.3 and H-7.5. The City and Applicant also identified the
following Comprehensive Plan goals and policies as particularly relevant to the rezone request: Land Use
Goal LU-1; Land Use Policy LU-1.1; Housing Goals H-2 and H-5; Housing Policies H-2.3, H-2.5, H-5.1, H-
5.2, and H-5.3; Transportation Element Goal TR-1; and Transportation Policies TR-1.2, TR-1.8, TR-5.5, ,
and TR-5.6. Exhibit 1, Attachment A, Staff Report, pages 5—9; Exhibit 1, Attachment B, Comprehensive
Plan, Land Use Element (last revised May 4, 2006), page 4-26, Comprehensive Plan, Housing Element
(2004), pages 6-11, 6-12, 6-14, Comprehensive Plan, Transportation Element(2004), pages 9-40, 9-41,
and 9-43.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006 9, KIVA #RPP4-2063517
Page 6 of 10
traffic and cookie-cutter style homes. Exhibit 1, Attachment A, Staff Report,
page 5; Exhibit 1, Attachment C.i, C.iii, C.v, and C.vr, Exhibit 2.
13. Roger Hurst testified at the open record hearing that the proposed development
and rezone would not be compatible with the 10,000 square foot lot sizes
featured in the existing neighborhood. Denise Simpson testified that she is not d
opposed to development, but is opposed to the increased density that would be
allowed with a rezone. Testimony of Mr. Hurst; Testimony of Ms. Simpson.
14. Ms. Clamp testified that a key concern with previous rezone requests has been a
perceived incompatibility with existing neighborhoods. She testified that in this
case, she believed that the proposed development that would be allowed with a
rezone request would be compatible with the existing neighborhood. She
recognized that properties to the south and west were developed with larger
lots, but noted that the proposed development would not exceed the currently
allowed density. Mr. LeBrie testified that the proposed development would be
compatible, as it would be single family residential development in a residential
neighborhood. The Applicant submitted an aerial photo with a zoning district
overlay, depicting properties to the west and east which are zoned SR-6, and SR-
8, in addition to multi-family, commercial, and office zoning districts in the
surrounding neighborhoods. The Applicant stated that commercial development
approximately one mile to the north of the property includes Target, Home
Depot, and Top Foods, among others. Exhibit 1, Staff Report, page 10; Exhibit
1, Attachment B; Exhibit 7, Testimony of Ms. Clamp, Testimony of Mr. LeBrle.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on quasi-judicial
actions, including this 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 15.09.050.0 of the Kent Zoning Code sets forth the standards and criteria the
Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone
shall only be granted if:
1. The proposed rezone is consistent with the Comprehensive Plan;
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 7of10
i
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 j
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 Findings
1. The proposed rezone is consistent with the Comprehensive Plan. The
subject property is designated SF-6 by the Comprehensive Plan, allowing for
development of up to six dwelling units per acre. The proposed rezone would
bring the property into alignment with the Comprehensive Plan designation.
Development on the subject parcel supported by the proposed rezone would not
exceed a density of six units per acre. 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 and
policies. The smaller lot sizes made possible by the rezone would support a
variety of housing styles, consistent with Housing Element goals and policies.
Development of the property would include improvements to area streets,
consistent with Transportation Element goals. The Comprehensive Plan
contemplates the revision of zoning districts to ensure adequate housing options.
Findings 5 and 9.
2. The proposed rezone and subsequent development would be
compatible with the existing neighborhood. Although featuring smaller lot
sizes, subsequent development would be single family residential, in a single
family residential neighborhood. There are SR-6, SR-8, and multifamily zoning i
districts in the vicinity of the subject property, in addition to commercial
development. Eric LeBrie testified on behalf of the Applicant that subsequent
development would not increase density beyond what is currently allowed, and
that the purpose of the rezone request is only to provide flexibility in the lot size
requirements. A condition of approval on the subdivision request accompanying
Findings, COMIUSiCn5and Recommendation
City of Kent Heanng Exam{ner
Vista Landing Rezone
#RZ-1006-9, KIVA #RPP4-2063517
Page 8 of 10
i
the proposed rezone would ensure that no more than 13 lots are developed, so
that actual density is not increased above what is currently allowed. Findings 1,
6, 7, 12, 13, and 14.
3. The proposed rezone would not unduly burden the transportation
system. The proposed rezone itself would not generate increased traffic. The
Applicant would address traffic impacts resulting from the proposed subdivision
associated with the rezone, by constructing street improvements on SE 267th
Street and off-site pedestrian walkways to connect the proposed subdivision with
Scenic Hill Elementary. Findings 4 and 10.
■ 4. Circumstances have changed substantially to warrant the proposed
rezone. Washington state courts have held that proof of changed
circumstances are not required for a rezone if the proposed rezone and
associated development implement policies contained in the comprehensive plan.
Blarnson v. Kitsap County, 78 Wn.App. 840 (Div. I, 1995); Henderson v. Klttitas
County, 124 Wn. App. 747 (Div. III, 2004). Here, property has been classified as
SF-6 by the City Comprehensive Plan since 1995, a designation which has been
upheld through multiple Comprehensive Plan updates and revisions. The rezone
request and associated plat development would implement City Comprehensive
Plan goals and policies to promote home ownership and reduce urban sprawl
through flexibility in housing and site design. The rezone would bring the
property into line with the SF-6 Comprehensive Plan classification. The City is
constructing a sewer lift station at 104th Avenue SE and SE 267th Street, which
would provide sewer service to the proposed subdivision. Findings 1, 5, 8, and
9.
5. The proposed rezone would not adversely affect public health, safety
and general welfare. The City provided adequate public notice of the rezone
application and associated public hearing. The rezone would not have a
probable, significant, adverse impact on the environment. Approval of the
proposed rezone would allow development of the property at the current density.
Future development would be conditioned to address impacts on the surrounding
neighborhood and streets. Findings 2 — 4, 6, 7, 10— 14.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that the application for a rezone of King County Tax Parcel Number
292205-9211 from SR-4.5 to SR-6 be GRANTED, provided that a condition is attached
i
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Vista Landing Rezone
#RZ-2006-9, KIVA #RPP4-2063517
Page 9 of 10
to any subsequent development proposals that will limit subdivision to no more than 13
lots.
DATED this 7th day of March 2007.
THEODORE PAUL HUNTER ,
Hearing Examiner
S•\Permit\Plan\rezone\2006\2063517-2006-9findings doc i
L
Findings, Conclusions and Recommendation
City of Kent Heanng Examiner
Vista Landing Rezone
#RZ-2006 9, KIVA #RPP4-2063517
Page 10 of 10
COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
PLANNING SERVICES
K E N T Charlene Anderson, AICP, Manager
WASHINGTON Phone 253-856-5454
Fax- 253-856-6454
Address- 220 Fourth Avenue S.
Kent, WA 98032-5895
KENT PLANNING SERVICES
1 253-856-5454
STAFF REPORT
I FOR HEARING EXAMINER MEETING OF
FEBRUARY 21, 2007
FILE NO: VISTA LANDING
#RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
APPLICANT: Todd Sherman
Northwest Land Group LLC
619 North 651h Street
Seattle, WA 98103
RE UEST: A request to rezone and subdivide a 3 acre site. The
applicant is requesting preliminary plat approval to
create 13 single family lots based on a zoning change
from SR-4.5 to SR-6.
STAFF
REPRESENTATIVE: Sharon Clamp, Planner
STAFF
RECOMMENDATION: Rezone: APPROVAL
Subdivision: APPROVAL WITH CONDITIONS
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide a three acre parcel into 13 single family
residential lots, one stormwater tract, one sensitive area tract, one private
access tract, and one public subdivision road tract. The single family residence
and residential outbuildings will be removed. A portion of the 100-foot buffer
from an offsite Type 2 stream extends onto the northeast corner of the site. In
Staff Report
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
addition, the applicant is seeking a rezone of the property from SR-4.5, single
family residential, to SR-6, single family residential.
The subdivision will take access from SE 267th Street via a new public residential
street. This new street includes curbs, gutters, sidewalks, landscaping and
streetlights Roadway improvements to include curbs, gutters, sidewalks,
landscaping and streetlights will also be made along the property frontage of
SE 2671h Street.
In conjunction with the request for preliminary subdivision approval, the
applicant proposes to rezone the site from the current zoning of SR-4.5, Single
Family Residential to SR-6, Single Family Residential. The proposed subdivision
has been configured to meet the standards of the SR-6 zoning district.
B. Location
The subject site is located at 10040 SE 267th Street and is identified by King `
County tax parcel number 2922059211.
C. Size of Property
The subject site is three acres in size.
D. Zoning
The site is currently zoned SR-4.5, Single Family Residential.
Adjacent properties in all directions are zoned SR-4.5.
E. Land Use
The City of Kent Comprehensive Land Use Map designates the site as SF-6
Single Family Residential, 6 Units per acre. The surrounding area is also
designated as SF-6.
Single family residences on platted lots abut the site to the south. Single family
residences on large lots with future development potential abut the site to the
east and west. Mill Creek Canyon Park abuts the site to the north.
F. History
The subject property was annexed to the City of Kent in June, 1994 as part of
the 594 acre Ramstead annexation (Ordinance No. 3171). The zoning
designation of SR-4.5 was established upon annexation.
Page 2 of 29
Staff Report
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
A tentative subdivision meeting was held on April 26, 2006 where City staff and
the applicant discussed likely conditions of approval associated with this project.
H. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
The applicant's SEPA application requested both non-project (rezone) and
project-specific (subdivision) analysis. A Mitigated Determination of
Nonsignificance (#ENV-2006-54) for the non-project rezone as well as a
project-specific 13 lot subdivision was issued on January 24, 2007. No
conditions were proposed for the rezone portion of the SEPA application. A copy
of this MDNS is part of the record for this plat and rezone application. No
appeals to this decision have been filed as of the date of this staff analysis. The
appeal period will expire on February 21, 2007.
I
The proposed project portion of the checklist contemplates a 13-lot subdivision.
Environmental impacts associated with the proposed subdivision development
have been analyzed and conditioned in the above referenced determination.
The project specific proposal is dependent upon the outcome of the rezone
application.
tB. Significant Physical Features
Topography, Wetlands and Vegetation
The site is described as hilly with slopes of up to 15 percent. Upper Mill Creek is
located off-site to the northeast of the subject parcel. A portion of Mill Creek's
100-foot buffer extends onto the project site. The stream buffer shall be
protected in accordance with Kent City Code Section 11.06, including recording
a sensitive area easement or deeding the property to the City for preservation
of stream function and values. A copy of the wetland and stream analysis
report is located in the Public Works Department, Engineering Division, in
Wetland File No. 06-27. No impacts to the stream or its buffer are proposed as
a result of this development.
Deciduous and evergreen trees have been identified on the subject site and are
scattered around the site in a manner that will likely require tree removal to
allow for future roadway and home development. The applicant will submit a
survey of significant on-site trees and, as part of civil construction plan review,
be required to submit and receive approval of a detailed tree plan that shows
trees to be retained.
Page 3 of 29
Staff Repoli
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 K1VA#RPP3-2063487
C. Significant Social Features
1. Street System
The proposed development project is located on the East Hill of the City
and is proposed to take its only access from SE 267th Street. This street
is classified as a Residential Collector Arterial Street with Bike Lanes
within the City's Comprehensive Plan. This street is not fully constructed
to current street standards. This street has an existing public right-of-
way width of about 60 feet, while the asphalt street width is currently
about 20 feet wide. The existing street provides for two narrow lanes of
traffic and does not include the following street improvement features:
cement concrete curbs and gutters; stormwater drainage system.
cement concrete sidewalks; or a street lighting system.
The existing asphalt pavement section of the street is inadequate to
provide an expected 20-year service life and is in need of an asphalt
overlay/rebuild in order to maintain an acceptable level of service while
accommodating the increased volume of trips being generated by this
proposal.
This development is within an area that is characterized by streets with t
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 for Scenic Hill
Elementary School.
As stated in the SEPA decision document, this development will cause
significant and/or additional congestion at the intersections of SE 267th
Street at 104th Avenue SE, 104th Avenue SE at SE 272nd Street, SE 272nd
Street at 108th Avenue SE, and 108th Avenue SE at SE 274th Way.
2. Water System
All homes within the proposed plat will be connected to the public water
system provided by the City of Kent.
3. Sanitary Sewer System
All homes within the proposed plat will be connected to the public
sanitary sewer system provided by the City of Kent.
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4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent
development. The developer will be required to complete a drainage
analysis then develop and submit drainage plans prepared in accordance
with the 2002 City of Kent surface Water Design Manual and the 1998
King County Surface Water Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of these applications:
Economic Development Manager Police Department
Public Works Department Fire Department
Parks & Recreation Director City Clerk
City Attorney Kent School District
U.S. Post Master Washington State Department of Ecology
King Co. Wastewater Treatment Puget Sound Energy
King Co. Environmental Health Qwest
King Co. Transit Division Washington State Dept. of Transportation
In addition to the above, all persons owning property located within 300 feet of the site
were notified of the public hearing. Written public comments were received from
Carl A. Hutchinson residing at 845 Reiten Road, Kevin Tucker residing at 10114 SE
2681h Street, Roger and Wendy Hurst residing at 26705 102nd Ave SE, and Denise and
Brett Simpson residing at 10005 SE 267T" Street. To summarize, the comments
concerned higher density; smaller lot sizes and the effect on existing home values; box-
like, cookie cutter style houses; traffic impacts and traffic safety; sidewalks/safe
walking conditions; impacts of development on schools; tree preservation, and adverse
effects on the environment.
Generally, these comments are addressed in the staff analysis of this report through
existing development codes and ordinances adopted by the City of Kent that are
applied to this proposal through the subdivision process. City ordinances and
development regulations which apply to road and street frontage improvements, school
and traffic mitigation fees, stormwater management, water and sewer availability, and
the preservation and protection of sensitive areas are in place to protect the general
welfare of the community.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant to the
Growth Management Act (Ordinance #3698 — July 2004). The goals and
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policies of the Comprehensive Plan represent an expression of community
intentions and aspirations concerning the future of Kent and the area within the
potential annexation area. The Comprehensive Plan is used by the Mayor, City
Council, Land Use and Planning Board, Hearing Examiner and City departments
to guide decision-making relative to development and capital facility spending.
The City of Kent Comprehensive Plan is comprised of eleven elements which
contain written goals and policies as well as a land use map. The proposed
subdivision and rezone supports the following goals and policies of the Plan:
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which
designates the type and intensity of land uses throughout the city, as well as in
the entire potential annexation area. The Land Use Plan Map designates the
subject property as SF-6, Single Family Residential which allows six units per
acre. In addition to the Land Use Plan Map, the Land Use Element also contains
goals and policies relating to the location, density, and design of future
development in the City and in the Potential Annexation Area.
Goal LU-1: Designate a Potential Annexation Area which will define
the City's planning area and projected city limits for the
next 20 years.
Policy LU-1.1: Provide enough land in the City's Potential Annexation
Area to accommodate the level of household growth
projected to occur in the next 20 years.
Policy LU-9.1: Where appropriate, establish urban residential densities of
at least four (4) units per net developable acre in order to
adequately support urban densities.
Policy LU-9.4: Locate housing opportunities with a variety of densities
within close proximity to employment, shopping, transit,
and where possible, near human and community services.
Goal LU-10: Provide opportunities for a variety of housing types,
options, and densities throughout the City and the
Potential Annexation Area to meet needs of the region's
changing demographics.
Policy LU-10.4: Allow single family housing on a variety of lot sizes.
Locate smaller lot sizes within close proximity of the
Urban Center or Activity Centers wherever possible.
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Planning Services Comment:
The proposed subdivision is supported by relevant goals and policies contained
within the Land Use Element of the Comprehensive Plan. The development
proposed through this subdivision request seeks to establish residential lots at
an overall net density of approximately 4.3 units per acre, which is sufficient to
support urban services and infrastructure. The proposed location is easily served
by existing urban services and is in convenient proximity to commercial areas
along 104th Avenue SE The land use plan supports the development of close-in
vacant or underdeveloped properties, which limits further urban sprawl on the
edges of the planning area. Also, one of the objectives of the comprehensive
plan is to provide a wide variety of housing types and opportunities to
accommodate projected population growth without converting single family
lands to multifamily residential. A subdivision on underdeveloped, single family
zoned land is consistent with this objective.
HOUSING ELEMENT
The primary goal of the housing element is to meet the current and future need
for housing in the Kent area. The ability to obtain affordable housing is
essential to a stable, healthy, and thriving community.
Goal H-2: Promote the organization and enhancement of
neighborhoods and provide the opportunity for
1 comfortable and well-maintained housing for all citizens.
Policy H-2.3: Provide an appropriate mix of housing styles and choices,
allowing for different types of housing from neighborhood
to neighborhood.
Policy H-2.5: Require developments to provide their fair share of on-
site and off-site improvements needed as a result of the
development.
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 to growth estimates.
Policy H-5.2: Provide a sufficient amount of land zoned for current and
projected residential needs including, but not limited to,
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assisted housing, housing for low income households,
single family housing, and small lot sizes.
Policy H-5.3: Promote diversity of housing types affordable to a range
of income levels and cultural/ethnic diversity.
Goal H-7: Encourage flexibility and innovative site and budding
design for a variety of housing developments to expand
home ownership.
Planning Services Comment i
The proposed subdivision is supported by relevant goals and policies contained
within the Housing Element of the Comprehensive Plan. The overall density for
the project as mentioned above is proposed at an acceptable level to support
urban services, and supports projected population growth and the changing
demographics of the City. Appropriate services, including, but not limited to,
fire, police, medical services, neighborhood shopping and child care are easily
accessible to neighborhood residents upon development of the subject property.
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.
Planning Services Comment:
The Growth Management Act requires consistency between land use and
transportation planning. As noted, the Land Use Plan identifies the area of this
proposal as SF-6 Single Family Residential. The Public Works Department has
identified improvements to the local transportation network necessary to
accommodate the proposed higher density. These improvements will be
required through the conditions of approval proposed for this subdivision. Also,
through the SEPA process, the proposed subdivision has been conditioned to
pay an environmental mitigation fee (EMF) to participate in, and pay a fair share
of, the estimated construction costs of the City's South 272"d/South 277`h Street
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Corridor Project. The EMF is based on 12 new PM peak hour traffic trips which
will be generated by the proposed development.
The proposed rezoning of the property from SR-4.5 to SR-6 is also consistent
with the Comprehensive Plan map designation of SF-6.
B. Zoning Code
1. Feasibility of Development
If the proposed rezone from SR-4.5 to SR-6 Single Family Residential is
approved, development on all lots in the proposed subdivision will be
subject to Zoning Code requirements in the SR-6, Single Family
Residential zoning district. All proposed lots within the subdivision meet
the minimum lot size and width requirements for the SR-6, Single Family
Residential district.
Numerous significant trees are located on the site. Zoning regulations
encourage the retention of significant trees where roads, utilities, and
site improvements are not proposed. Tree retention plans will be
required for the plat and development of each lot where trees are
located (per KCC Section 15.08.240).
2. Criteria for Granting a Request for Rezone
I The following standards and criteria (Kent Zoning Code, Section
15.09.050) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone Such an amendment shall only be
granted if the City Council determines that the request is consistent with
these standards and criteria.
a. The proposed rezone is consistent with the
Comprehensive Plan.
Planning Services Comment
The 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
�l 6.05 units per acre, which is consistent with the Kent Comprehensive
Plan. As previously discussed, the proposed rezone is also consistent
with the applicable goals and policies of the Comprehensive Plan.
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b. The proposed rezone and subsequent development of the
site would be compatible with development in the
vicinity.
Planning Services Comment t
The proposed rezone and subsequent single family residential
development of the site will be compatible and integrate well with the
existing development in the vicinity because uses in the area are
predominantly detached single family residential with some multi-family
and commercial developments in close proximity to the subject site. This
subdivision proposes to create 13 residential lots at a gross density of
4.33 units per acre. The applicant points out in application submittal
documents that the maximum gross density allowed in the current zone,
SR-4.5, is 4.53 du/ac; therefore, the rezone does not increase overall
density, but merely allows flexibility in the minimum lot area required in
order to achieve the maximum density of the SR-4.5 zoning district. This
density of residential development is sufficient to support existing local
urban services.
C. The proposed rezone will not unduly burden the
transportation system in the vicinity of the property with
significant adverse impacts which cannot be mitigated.
Planning Services Comment
- A rezone of this property to SR-6 Single Family Residential will not
generate additional trips onto the existing transportation system.
However, subsequent development of a proposed 13-lot subdivision will
add a net 12 PM peak hour trips to the local street system. Upon
development of the site, road and street frontage improvements to meet
the City of Kent roadway standards will be required as subdivision
conditions of approval. These improvements include curb, gutter,
sidewalks, planting strips, street lighting, paving, and public stormwater
conveyance for both the property frontage along SE 267th Street and the
new public internal subdivision road. The applicant will be also be
required to participate in other City transportation improvement projects
by providing an environmental mitigation fee for the impacts created by
development.
d. Circumstances have changed substantially since the I�
establishment of the current zoning district to warrant
the proposed rezone.
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Planning Services Comment
The subject parcel was annexed to the City of Kent in June 1994 as part
of the 594 acre Ramstead annexation (Ord. 3171) and is developed with
one single family residence.
In 2004 the City of Kent updated its Comprehensive Plan which
designates this area as SF-6 Single Family Residential. Along with the
Land Use Plan Map and Policies, the plan also contains a target for the
number of new households the City must accommodate for the 20-year
time horizon of the plan. The GMA also states the City's development
regulations must implement, and be consistent with the Comprehensive
Plan. This proposal, which seeks to establish higher density single family
development with smaller lot sizes while recognizing significant
environmental features, is consistent with the goals and policies of the
Comprehensive Plan.
Upon annexation in 1994, zoning for the area was set at SR-4.5 which
was consistent with the existing single family land use patterns in this
particular location. Annexation records on file in Kent's Planning Services
office indicate that prior to annexation, for purposes of King County
planning, this area was within the County's Soos Creek Community
SPlanning area. The Soos Creek Community Plan was last updated in
1991. At the time of annexation, zoning under King County was GR-2,
Growth Reserve Phase Two. Under the Soos Creek Community Plan,
Growth Reserve Phase Two properties were to remain at a low density
until annexed to a city or a King County plan amendment would apply an
urban density. Phase Two properties would have been eligible for a
rezone in 1995 with anticipated lot sizes of 7200 square feet, which
equates to a density of 6.05 du/ac.
Since annexation in 1994 improvements to roadway infrastructure
serving this area have been completed including a major intersection
upgrade at SE 256th Street and 104th Avenue SE and the completion of
the SE 272/277 h Street Corridor. Also, sewer infrastructure
improvements are currently under construction in the form of a sewer lift
station located at 1041h Avenue SE and SE 267th Street which will provide
1 public sanitary sewer service to this site.
e. The proposed rezone will not adversely affect the health,
safety and general welfare of the citizens of the City of
Kent.
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Planning Services Comment
The proposed rezone is consistent with the intent of the Comprehensive
Plan. Subsequent development on the site is required to meet applicable
codes and regulations, including mitigation of anticipated environmental
impacts. Therefore, the rezone proposal will not adversely affect the
health, safety and general welfare of the citizens of the City of Kent.
C. Standards for Granting a Subdivision
The purpose of the City of Kent Subdivision Code is to provide rules,
regulations, requirements, standards and procedures for subdividing land in the
City of Kent, ensuring that the highest feasible quality in subdivisions will be
attained; that the public health, safety, general welfare, and aesthetics of the
City of Kent shall be promoted and protected; that orderly growth,
development, and the conservation, protection and proper use of land shall be
promoted; that proper provisions for all public facilities, including connectivity,
circulation, utilities, and services shall be made; that maximum advantage of
site characteristics shall be taken into consideration; and that the process shall
be in conformance with provisions set forth in the City of Kent Zoning Code and
Kent Comprehensive Plan (KCC 12.04.015).
The procedures regulating subdivisions are established to ensure quality
development which promotes orderly and efficient growth, the conservation and
proper use of land; protects the public health, safety, general welfare, and
aesthetics of the city; makes adequate provisions for public facilities in
conformance with provisions set forth in KCC Title 15, Zoning, and the Kent
Comprehensive Plan; and complies with the provisions of this chapter and
Chapter 58.17 RCW (KCC 12.04.600).
No subdivision shall be approved unless the following principles of acceptability
are met; the subdivision shall:
1. Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood, inundation or wetland conditions; slope, sod stability
and/or capabilities; or the construction of protective improvements may
be required as a condition of approval;
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4. If adjacent to another municipality or King County, take into
consideration the subdivision standards of that jurisdiction as well as the
requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as
deemed necessary;
6. Make adequate provision for the connectivity of streets, alleys, pedestrian
accessways and other public ways (KCC 12.04.635).
As evidenced by the General Information in Section I. and the following
responses to the criteria for approving subdivisions, the proposal is in general
conformance with the Kent Subdivision Code.
Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a
subdivision shall not be approved unless the City finds that:
1. Appropriate provisions have been made for:
a. The public health, safety and general welfare of the community;
The proposed plat is consistent with the Comprehensive Plan
designation of SF-6. The proposed density and lot dimensions are
consistent with the SR-6 zoning district, as proposed through this
application.
b. Protection of environmentally sensitive lands and habitat;
An environmental checklist was submitted and reviewed by the
City which identified environmental impacts associated with this
rezone and subdivision proposal. Other than a small portion of
the Mill Creek stream buffer located at the northeast corner of
' the site, no environmentally sensitive lands or habitats were
identified on the site.
C. Open spaces;
Provisions for open space will be made through payment of a fee
in lieu of dedication of on-site open space as discussed in section
d. below.
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d. Community parks and recreation;
To mitigate the impacts of this proposal on parks and recreation,
the applicant will be required to pay a fee in lieu of dedication of
land pursuant to KCC 12.04.780. The fee in lieu of a dedication
of five percent for open space parkland is $14,100 based on 2007
tax assessment records from the King County Assessors office.
e. Neighborhood tot lots and play areas;
Provisions for these areas will be accomplished by the fee paid
under section d. above.
f. Schools and school grounds;
The subject property lies within the Kent School District.
Pursuant to KCC 12.13.160, a school impact fee will be assessed
in association with the subdivision of land. The impact fee will be
assessed and collected for each individual lot at the time of
construction permit issuance and will be based upon the adopted
impact fee at that time.
g. Drainageways;
Each individual residence will be required to provide on-site
infiltration as well as an overflow connection to an approved
conveyance system.
h. Stormwater Detention;
An on-sit public detention/retention stormwater pond system in
accordance with Kent Construction Standards will be required to
mitigate for potential impacts to both stormwater runoff quantity
and quality.
The City of Kent Public Works Department has reviewed the
incremental increase in impervious area and determined the
proposed stormwater system to be adequate.
i. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other planning features that assure
safe walking conditions within and between subdivisions for
residents and students who walk to and from schools, parks,
transit stops and other neighborhood services;
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Sidewalks will be required along both sides of the new public
subdivision street and along the property frontage on SE 267th
Street. Additionally, as a condition of the SEPA review the
applicant will be required to construct off-site walkway
improvements from the proposed development to the end of the
sidewalk system on SE 267`h Street serving Scenic Hill Elementary
School. Or at the sole discretion of the Department of Public
Works, the applicant 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).
j. Connectivity of streets or roads, alleys, pedestrian accessways,
and other public ways within and between subdivisions and
neighborhoods;
The new public subdivision road connecting to SE 267th Street
will be stubbed out to connect to the west as this adjacent parcel
has sufficient area for future development. Due to the slopes to
1 the east, roadway connectivity was not deemed feasible.
k. Transit stops;
Mass transit service is provided by King County METRO. The
nearest park and ride facilities are located on 124th Avenue SE at
SE 256`h Street and at the transit station in downtown Kent.
I. Potable water supplies;
All homes within the proposed plat will be connected to water
service provided by the City of Kent.
M. Sanitary wastes;
All homes within the proposed plat will be connected to sanitary
sewer service provided by the City of Kent.
n. Other public utilities and services, as deemed necessary:
Power and natural gas lines will be installed during plat
construction. Garbage service will be established by the
individual residents.
2. The city has considered all other relevant facts; and determined that the
proposed plat will be in conformance with all of the criteria listed above.
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3. The public use and interest will be served by the platting of such
subdivision and dedication.
4. The City has considered the physical characteristics of the proposed
subdivision site and may deny a proposed plat because of flood,
inundation, or wetland conditions; slope, or sod stability and/or
capabilities. Construction of protective improvements may be required
as a condition of approval, and such improvements shall be noted on the
final plat.
D. Consistency Analysis
The proposed rezone and subdivision are consistent with the goals and policies
of the City of Kent Comprehensive Plan.
1. Type of Land Use Allowed
The development of single family home sites is a principally permitted
use on land zoned SR-6, Single Family Residential.
2. Level of Development Allowed
The proposed subdivision of three acres into 13 building sites is
consistent with the designated Comprehensive Plan designation of SF-6
Single Family/6 units per acre and with the zoning designation of SR-6
(pending the outcome of RZ-2006-9).
3. Adequacy of Infrastructure
The proposed subdivision will place increased demands on existing
transportation, and water and sanitary sewer systems in the general
vicinity. The project will also result in an increase of impervious surface.
When fully developed, the impact of 13 new homes being occupied will
result in an estimated 120 daily and 12 new PM peak hour trips to the
local street system.
The effects on the domestic water supply, sanitary sewer service,
stormwater run-off, conveyance, storage, treatment and discharge and
transportation impacts have been analyzed through the SEPA process
and the associated MDNS.
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4. Characteristics of the Proposed Subdivision
The proposed subdivision, as presented, is in general conformance with
the Kent City Code with respect to the required minimum lot area,
minimum lot width and access to a public right-of-way.
E. Proposed Findings
Planning Services has reviewed these applications in relation to the
Comprehensive Plan, zoning, land use, street system, flood control problems
and comments from other departments and finds that:
1. The Kent Comprehensive Plan Land Use Map designates this site SF-6,
Single Family Residential, 6 units per acre maximum density.
2. The site is currently zoned, SR-4.5, Single Family Residential. If
RZ-2006-9 is approved, this site will be zoned SR-6, Single Family
Residential. Under the SR-6 zoning, the site will be subject to the
development standards which include 5,700 square foot minimum lot
size and 50 foot minimum lot width.
3. Land uses in the vicinity are single family residential, multifamily
residential, and commercial.
4. A Tentative Plat meeting was held for the proposed subdivision on
April 26, 2006 (TSU-2006-8).
5. A Mitigated Determination of Nonsignificance was issued for the
proposed rezone and plat on January 24, 2007 (#ENV-2006-54).
6. There are significant trees of six inch or greater caliper located on the
property.
7. The site has access to SE 2671h Street.
8. The subject property will receive water service from the City of Kent.
9. The subject property will receive sewer service from the City of Kent.
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V. CITY STAFF RECOMMENDATIONS
1. ZONING MAP AMENDMENT (#RZ-2006-9)
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL without conditions of the Vista
Landing rezone.
2. PRELIMINARY SUBDIVISION (#SU-2006-8)
Based on the merits of this request and the code criteria for granting a
preliminary subdivision, staff recommends APPROVAL of the proposed Vista
Landing preliminary plat subject to the following conditions:
A. GENERAL CONDITION OF APPROVAL
1. Approval of this subdivision as proposed is conditioned upon Kent
City Council approval of the associated proposed rezone of the
subject parcel from SR-4.5 to SR-6; file number RZ-2006-9.
B. 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 must relate to at least two City of Kent
reference points within one half mile of the subdivision. In
addition, the project shall be tied into at least two City of Kent
NAD 88 vertical benchmarks and two additional permanent
benchmarks shall be established within the project. The
locations, descriptions and elevations of these benchmarks will be
reported at the time as-built drawings are submitted along with
field notes sufficient to verify the required precision.
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3. The Owner/Subdivider shall submit and receive City approval for
engineering drawings from the Department of Public Works, and
shall then either construct or bond for the following:
a. A public gravity sanitary sewer system to serve all lots.
The public sanitary sewer system shall be extended from
the existing public sanitary sewer system and shall be
sized to serve all off-site properties within the same
service area; in addition, the sanitary sewer system shall
be extended across the entire subdivision as needed to
serve adjacent properties within the same service area,
unless otherwise determined by the sanitary sewer
purveyor.
The septic system serving the existing home within the
proposed subdivision shall be abandoned in accordance
with King County Health Department Regulations.
b. A public water system meeting domestic and fire flow
requirements for all lots.
ZThe public water system shall be extended and shall be
sized to serve all off-site properties within the same
service area; in addition, the water main extension shall
be extended across the entire subdivision as needed to
serve adjacent properties within the same service area,
unless otherwise determined by the water purveyor.
Existing wells, if any, shall be decommissioned in
accordance with the requirements of the Department of
Ecology.
C. A stormwater system. The Engineering Plans must meet
the minimum requirements of the City of Kent
Construction Standards and 2002 City of Kent Surface
Water Design Manual (KSWDM). Initial guidance for the
Engineering Plans is given below (See Chapter 2 of
KSWDM for detailed submittal requirements):
(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
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a technical information report (TIR) which
contains all the technical information and analysis
to develop the site improvement plans.
(2) An erosion and sedimentation control (ESC) plan
shall be included in the engineering plans. The
ESC shall meet the requirements of the City of
Kent Construction Standards, and the 2002 City of
Kent Surface Water Design Manual. These plans
must reflect the Detailed Grading Plan discussed
below, and the Planning Services approved
Detailed Tree Plan.
(3) The retention/detention and release standard that
will be met by the subdivision Level Two. The
water quality menu that will be met by the
subdivision is the Resource Stream Protection
Menu.
(4) The site improvement plans and technical
information report will contain drainage
calculations and a drawing of the retention/
detention pond tract at an appropriate engineering
scale. The site improvement plans will also show
that all required stormwater management facilities
will be outside of delineated wetlands and their
buffers, as well as outside of creeks and rivers and
their buffers.
(5) A downstream analysis is required for this
development, and it will include an analysis for
capacity, erosion potential, and water quality.
Refer to the requirements of Technical
Information Reports in Section 3: "Offsite
Analysis", of the 2002 City of Kent Surface Water
Design Manual for the specific information
required for downstream analyses.
(6) Roof downspouts for each roofed structure
(house, garage, carport, etc.) shall be diverted to
a Roof Downspout Infiltration System meeting the
requirements of section 5.4.5, Infiltration
Trenches, of the 1998 Surface Water Design
Manual. These roof downspout conveyance and
infiltration systems shall include overflow pipes
Page 20 of 29
' Staff Report
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connected to an approved dispersion system. The
drainage plans shall include an approved detail for
the roof downspout infiltration system. The face of
the recorded plat shall contain the following
restriction:
AS A CONDITION OF BUILDING PERMIT ISSUEANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION SYSTEMS PER DETAILS SHOWN ON
THE APPROVED PLANS.
(7) If determined necessary by the Public Works
Department following review and approval of the
required downstream analysis, the
Owner/Subdivider shall provide public drainage
easements meeting the requirements of the City
of Kent Construction Standards for the specified
downstream reach where adequate public
drainage easements do not currently exist.
(8) The Owner/Subdivider shall submit Landscape
Plans for within and surrounding the
retention/detention facility to the Planning
Department and to the Department of Public
Works for concurrent review and approval prior to,
or in conjunction with, the approval of the
Engineering Plans. These Landscape Plans shall
meet the minimum requirements of the City of
Kent Construction Standards, and the stormwater
management landscaping requirements contained
within the 1998 King County Surface Water Design
Manual. Landscape Plans are required to show
adjacent Street Trees so that the City arbonst can
assess potential adverse stress upon all types of
vegetation.
(9) The Owner/Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for
the private portions of the drainage system
prepared by the Property Management Section of
the Department of Public Works. See Reference 8-
F, Declaration of Stormwater Facility Maintenance
Covenant, to the 2002 City of Kent Surface Water
Page 21 of 29
Staff Report
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517 '
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Design Manual for information on what is
contained within this document.
d. A Detailed Grading Plan for the entire subdivision meeting
the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits &
Grading Plans Initial guidance for these plans is given
below:
(1) These plans will include provisions for utilities,
roadways, retention/ detention ponds, stormwater
treatment facilities, and a building footpad for
every lot.
(2) These plans shall be designed to eliminate the
need for processing several individual Grading
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,
wider and labeled in conformance to standard
drafting practice.
f. Interim Street Improvement Plans for Southeast 267th
Street. 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 with
Bike Lanes within the City of Kent Comprehensive Plan.
Initial guidance for the necessary interim street
improvements is given below:
(1) Combined vertical concrete curbs and gutters, a 5- 1
foot wide planter strip, and a 5-foot cement
concrete sidewalk along the north side of the
street.
(2) A minimum of 22-feet of Hot Mix Asphalt (HMA)
pavement as measured from the approved
centerline of the street to the face of curb on the
Page 22 of 29
' Staff Report
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#SU-2006-8 KIVA#RPP3-2063487
north 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 south side of the street, plus a City
approved HMA shoulder on the south side of the
street. The entire HMA pavement width 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
(3) A City-owned street lighting system.
(4) Public stormwater conveyance, detention and
treatment facilities as applicable.
(5) Street Trees installed within the 5-foot wide
planting strips constructed between the back of
curb and the front of the cement concrete
sidewalk. These Street Trees will be located as
approved by the Public Works Department, and
the species shall be selected from the Approved
Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of
' Kent Street Trees.
h. Street Improvement Plans for the new public Residential
Streets (Roads A & B) connected to Southeast 267`h
Street opposite 102"d Avenue SE and terminating with a
temporary turnaround at its westerly terminus. The Street
Improvement Plans for this street shall be designed in
conformance to the requirements for a Residential Street
as required by City of Kent Construction Standards, and
City of Kent Development Assistance Brochure #6-2,
Private and Public Street Improvements and City of Kent
Development Assistance Brochure # 6-8, Street
Improvement Plans for a street 28-feet wide. Initial
guidance for these street improvements is given below:
(1) Combined vertical curb and gutter, a 5-foot wide
' planting strip constructed between the back of
curb and the front of the sidewalk, and then a 5-
foot wide cement concrete sidewalk along both
sides of the street.
Page 23 of 29
Staff Report
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517 '
#SU-2006-8 KIVA#RPP3-2063487
(2) A minimum of 28-feet of Hot Mix Asphalt (HMA)
pavement, as measured from face of vertical curb
to face of vertical curb.
(3) A street lighting system designed to the City's ,
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy; all
electrical and maintenance bills shall be paid for
by the Home Owner's Association created for this
subdivision. '
(4) A public stormwater drainage system, including
provisions for collection, conveyance, detention, '
and treatment facilities.
(5) A curb return and edge of HMA pavement radius ,
of 25-feet at the intersection of the subdivision
street and Southeast 2671h Street, and a 25-foot
radius for the inside curb return for the ,
intersection between Road A and Road B.
(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.
1. Street Improvement Plans for the new Joint-Use Driveway
constructed in Tract A, and terminating with an approved
turnaround at its terminus. 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 Joint-Use Driveway at least 16-
feet wide. Initial guidance for this Joint-Use Driveway
improvement is given below: '
(1) A minimum of 16-feet of Hot Mix Asphalt (HMA)
pavement, measured from edge of pavement to '
edge of pavement, except where the Fire Marshal
Page 24 of 29
Staff Report
Vista Landing Rezone and Subdivision
' #RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
requires additional pavement width for emergency
vehicle access.
' (2) An approved 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.
(4) This Joint-Use Driveway will connect to the public
' street system with a Residential Concrete
Driveway Approach conforming to the minimum
requirements of Standard Detail 6-5(a).
(5) Fire Lanes - if any - shall be marked as directed by
the Fire Marshal.
(6) This Joint-Use Driveway must be centered within a
private roadway tract or easement that is at least
1-foot wider than the total HMA width of the
private street.
Street Improvement Plans for the new maintenance road
constructed within Tract D. The Street Improvement
Plans for this maintenance road 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 edge of pavement to
edge of pavement.
1 (2) This maintenance road will connect to the public
street system with a Residential Concrete
Driveway Approach conforming to the minimum
' requirements of Standard Detail 6-5(c), and shall
Page 25 of 29
Staff Report '
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517 '
#SU-2006-8 KIVA#RPP3-2063487
otherwise fully conform to the requirements for a '
public turnaround.
(3) This maintenance road must be centered within a ,
public access easement or tract that is at least 1-
foot wider than the total HMA pavement width of
the subject driveway. ,
5. The Owner/Subdivider shall create a Homeowner's Association
for this subdivision to ensure that the property owners within this
subdivision are advised of their obligation to pay for the energy
and maintenance required for the street lighting system installed
in their development. Those sections of the required document '
written to govern that association as they relate to any Into Light
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.
6. The face of the final plat will clearly identify all Joint-Use
Driveways/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.
7. Direct vehicular access to and from lots having frontage along ,
Southeast 276th Street is prohibited, and the face of the final plat
will carry the following restriction:
DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE
ALONG SOUTHEAST 267TH STREET IS PROHIBITED. ACCESS FOR
THESE LOTS IS RESTRICTED TO THAT NEW PUBLIC STREET SHOWN
ON THE FACE OF THE PLAT. ,
8. The Owner/Subdivider shall deed all public rights-of-way, and
otherwise convey all private and public easements necessary for
the construction and maintenance of the required improvements
for this subdivision development.
9. The Owner/Subdivider shall permanently protect the approved '
and preserved, and/or enhanced, or created sensitive area(s) and
the associated buffer(s) by creating a separate Sensitive Area
Tract and deeding the tract in fee simple to the City, OR by
granting a Sensitive Area Easement to the City for the entire
sensitive area, pursuant to Kent City Code Chapter 11.06. This ,
Sensitive Area Tract or Easement shall be consistent with the
Page 26 of 29 '
Staff Report
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-20635I7
#SU-2006-8 KIVA#RPP3-2063487
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 OUTBUILDINGS AND
OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE
AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED
' BY THE CITY.
THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC
UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT,
AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE,
BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS
DISTURBED UPON THE COMPLETION OF THE UNDERGROUND
' CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. THE
CITY OF KENT ALSO RESERVES THE RIGHT TO ENHANCE THE
Page 27 of 29
Staff Report '
Vista Landing Rezone and Subdivision
#RZ-2006-9 KIVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
SENSATIVE AREA TRACT OR EASEMENT VIA PLANTING NATIVE
VEGETATION AND REMOVING NON-NATIVE OR INVASIVE
VEGETATION.
9. After construction, the wetland and/or streams and their ,
associated buffer areas shall be isolated from intrusion by
installing a split-rail cedar fence around the entire buffer edge. '
In addition, sensitive area information signs (available from the
Department of Public Works for $7.50 each) shall be placed at
the buffer edge to inform and educate owners and nearby '
residents about the value of sensitive areas.
10. Prior to release of any construction bonds, and prior to the ,
approval of any Budding 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.
11. The owner/subdivider shall construct or bond for mailbox clusters ,
per the standards and at locations approved by the Public Works
Department and the Kent U.S. Postmaster.
12. The parks fee in lieu of dedication shall be paid in the amount of ,
$14,100 prior to recording the subdivision.
13. The owner/subdivider shall submit applications to the City of '
Kent for review and approval to remove or otherwise relocate all
buildings on the site. '
C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN
THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL: '
1. Record the Plat.
2. Construct all of the improvements required in Section A, above,
and pay the respective fees-in-lieu-of including any mitigation
(EMA or EMF) charges. '
3. Receive approval of the required As-Built Drawings for Street,
Street Lighting, Water, Sewer, and Stormwater Management ,
Page 28 of 29
Staff Report
Vista Landing Rezone and Subdivision
' #RZ-2006-9 KfVA#RPP4-2063517
#SU-2006-8 KIVA#RPP3-2063487
Facilities as deemed appropriate by the Department of Public
Works.
4. Construct all applicable wetland mitigation plans, wetland and
stream buffer plans, Install all required split-rail cedar fences and
sensitive area signs, and any other conditions to protect or
' enhance critical areas.
KENT PLANNING SERVICES
February 14, 2007
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KENT
CITY OF KENT
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No #ENV-2006-54 Project VISTA LANDING SUBDIVISION/
#RPSA-2063486 AND REZONE
Description The applicant proposes to subdivide a three acre parcel Into 13 single family residential
lots,one stormwater tract,one sensitive area tract,two private access tracts,and one
public subdivision road tract The single family residence and residential outbuildings
will be removed A portion of the 100-foot buffer from an offsite Type 2 stream extends
onto the northeast corner of the site In addition,the applicant is seeking a rezone of
' the property from SR-4 5,single family residential,to SR-6,single family residential.
Location The subject property is located at 10040 SE 2671"Street and is identified by King County
tax parcel number 2922059211
Applicant Eric S Pennala
EMS Consulting Engineers, LLC
33915 1st Way South #200
Federal Way,WA 98003
Lead Agency CITY of KENT
The lead agency for this proposal has determined that It does not have a probable significant adverse Impact
on the environment An environmental Impact statement(EIS)is not required under RCW 43 21C 030(2)(c)
This decision was made after review of a completed environmental checklist and other Information on file with
the lead agency This information is available to the public on request
There is no comment period for this DNS.
X This 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
February 7,2007
Responsible Official Kim Marousek AICP
Position/Title $EPA OFFICIAL
Address 220 5 Fourth Avenue Kent WA 9032 Te ne: (253)856-5454
Dated January 24,2007 Signa e /
APPEAL PROCESS AN APPEAL OF A DETERMINATION OF N(TNSIGNIFICANCE(DNS)MUST BE MADE TO
THE KENT HEARING EXAMINER WITHIN FOURTEEN(14)FOLLOWING THE END OF THE COMMENT PERIOD
PER KENT CITY CODE 1103 520
CONDITIONS/MITIGATING MEASURES:
The following conditions shall apply to the subdivision portion of the application,
1 The Applicant shall provide a Traffic Impact Study(TIS)to identify the existing and future level-of-
service(LOS)for the adjacent intersections identified in the Staff Report for this development and the
existing and future V/C ratios for the adjacent City streets in the roadway network The TIS shall
specifically identify all intersections and streets currently at or below City standards,or estimated to
be at or below City standards due to the increased traffic volumes reasonably expected from the-- 7( —
development, and all adjacent streets at or above the V / C ratios established for that Mobiht.'
Management Zone ,1,i-
i
The TIS shall then identify what improvements are necessary to provide a LOS better than or equa
to City standards for all intersections to completely mitigate the existing and/or development imps
thereon The TIS shall also identify what improvements are necessary to completely mitigate the
adjacent streets which do not meet the V/C requirements of Chapter 12 11 of the Kent City Code,
Upon agreement by the City with the findings of the TI5 and of the mitigation measures
recommended in the approved TIS,implementation and/or construction of said mitigation measures
shall be the conditional requirement of the issuance of the respective development permits
OR
Mitigated DNS e
Vista Landinq Plat&Rezone
#ENV-2006-54 #2063486
In lieu of submitting the TIS required above and then providing the mitigation measures identified in ,
the approved study,the Owner/Subdivider may instead pay Environmental Mitigation Fee(EMF)to
participate in, and pay a fair share of the estimated construction costs of the City's South 272"d
Street/South 277"' Street Corridor Project The minimum benefit to the Owner/Subdivider is
estimated at$12,816 (1986 dollars to be adjusted for rezones, and for Inflation based upon the
Consumer Price Index,United States City Average for all Urban Consumers,or the substituted index
as prepared by the United States Department of Labor) based upon 12 new PM Peak Hour Trips(at '
the rate of$1068 per PM Peak Hour Trip)and the capacity of the South 272nd Street/South 277"
Street Corridor
a The final benefit value will be determined based upon the number of new lots approved
upon the final plat/PUD multiplied times$1068(in 1986 dollars and adjusted for rezones and ,
for inflation as described above)
b The Owner of each lot shall pay the incremental financial obligation specified herein in full
prior to issuance of a Building Permit for that lot
c The payment of said Environmental Mitigation Fee and the traffic related conditions given '
within this document, will serve to mitigate traffic impacts to the above mentioned
intersections and road system by committing funding for the South 272"d Street/South 277" '
Street Corridor which provides additional capacity for traffic volumes within the area of the
above mentioned development
2. 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 vertically separated asphalt walkway conforming to Standard Detail 6-60
from the end of the 5-foot wide sidewalk to the sidewalk/asphalt walkway system serving Scenic Hill
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)
3. The Applicant shall utilize Low Impact Development Techniques in construction of the project,where
determined feasible by the Kent Public Works Department and Planning Services Division,including
but not limited to rainwater collection systems,porous paving on sidewalks,and bloretentlon areas
with curb cuts in planting strips along roadways
4 The Applicant shall be sensitive to the natural topography of the site during construction and
minimize negative impact to on-site sods and neighboring properties
5 The Applicant shall minimize grading of the site and where done the grading shall follow the natural
contours as much as possible,minimizing the need for retaining walls Any retaining walls shall be ,
no more than 4 feet high at perimeter and internal individual property lines and no more than 6 feet
high around the detention/retention pond that is not adjacent to common property Imes Walls
around such detention ponds shall not exceed 50 percent of the perimeter of the pond and ponds
shall be landscaped per City standards The walls shall be constructed of rockery, other natural
material, or with Planning Services and Public Works approvals may be constructed of patterned
concrete that simulates natural materials Where structural walls are required to support access
roads and as such cannot be constructed of rockery or natural material,the walls shall be faced with
such materials Site conditions may warrant slight adjustments to wall height during construction
Height adjustments up to 10%of the overall height may be permissible and are subject to review
and approval by Planning Services and Public Works Retaining walls associated with construction of
the public streets along the frontage of the property are exempt from the height limits described
herein Grading to achieve flat building lots shall be minimized
1
CERTIFICATE OF POSTING
I,Kim Marousek,Responsible Official under the Washington Administrative Code(WAC)Chapter 197-11-788 and
and Kent City Code Chapter 1103 410 do hereby dedare jhat the Determination of Nonsignificance,as descri�edj 4 L�}
this public notice, was duly posted on /-�`1 6 � .SC by a member of Kent,PJanhing
Services,on or near the site described therein
KimIV17`1
5\Permit\Plan\Env\2006\2063486mdns doc ,
2 of '
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
�4 40 • PLANNING SERVICES
KKENT Charlene Anderson,AICP, Manager
1 WASHINGTON
Phone 253-856-5454
Fax: 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
VISTA LANDING SUBDIVISION AND REZONE
#ENV-2006-54 KIVA #2063486
Kim Marousek, AICP: Responsible Official Staff Contact: Sharon Clamp
I. PROPOSAL
The applicant proposes to subdivide a three acre parcel Into 13 single family residential
lots, one stormwater tract, one sensitive area tract, two private access tracts, and one
public subdivision road tract. The single family residence and residential outbuildings
will be removed. A portion of the 100-foot buffer from an offsite Type 2 stream extends
onto the northeast corner of the site. In addition, the applicant is seeking a rezone of
the property from SR-4.5, single family residential, to SR-6, single family residential.
The subject property is located at 10040 SE 267th Street and is identified by King County
tax parcel number 2922059211.
' 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, Title
11.06 and with Section 15.08.240 of the Kent City Code may require the conveyance of
Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location
and density of development based upon known physical constraints such as steep
and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality.
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 S
Vista Landing
#ENV-2006-54, KIVA 2063486
In addition to the above, Kent follows revisions to the Washington State Environmental
Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB
1724 and ESB 6094.
Any conditions applied to the following Mitigated Determination of Nonsignificance are
applied because identified impacts cannot adequately be addressed by existing City ,
codes and ordinances.
III. ENVIRONMENTAL ELEMENTS
A. Earth '
The site is described as hilly with slopes of up to 15 percent. The site contains '
Alderwood Sandy Gravely Loan soils. Site preparation will require grading for the
roads, utilities, budding pads on each individual lot, and stormwater facilities.
Grade and fill quantities are expected to be approximately 7,600 cubic yards of
cut and 10,600 cubic yards of fill. Upon project completion no more than 65
percent of the total area will be covered by impervious surfaces.
The Community Design Element of the Kent Comprehensive Plan contains goals
and policies that encourage low impact development and environmental
sensitivity in the design of all projects. The grading of the site should be done
within the existing contours as much as possible, minimizing the need for
retaining walls. Furthermore, low impact development techniques promote the
protection of existing site vegetation, reduce infrastructure and utility
maintenance costs (streets, curbs, gutters, sidewalks, storm sewer), and
potentially decrease the impacts and costs of land clearing and grading. Also,
low impact development has the potential to reduce costs for site development
improvements such as streets, utilities and storm water management systems. ,
The Applicant/Owner will 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 Cat
of Kent Construction Standards and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans These plans
will include provisions for utilities, roadways, retention/detention ponds/facilities,
stormwater treatment facilities, and a building footpad for each building These
plans will also be designed to eliminate the need for processing several individual
Grading Permits upon application for Building Permits.
The Applicant/Owner will 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 will 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 the Planning Department. '
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1 Air
During project construction there will be an increase in vehicle exhaust and dust
particles due to sod displacement and construction vehicles entering and leaving
the site. During periods of dry weather, watering down of exposed soils,
washing truck wheels before exiting the site, and maintaining gravel construction
entrances will keep dust particle emissions to a minimum.
C. Water
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."
The proposed project is located in the Mill Creek watershed, which flows into the
' Green River. Upper Mill Creek is located off-site to the northeast of the subject
parcel. A portion of Mill Creek's 100-foot buffer extends onto the project site.
The stream buffer shall be protected in accordance with Kent City Code Section
11.06, including recording a sensitive area easement or deeding the property to
the City for preservation of stream function and values. A copy of the wetland
and stream analysis report is located in the Public Works Department,
Engineering Division, in Wetland File No. 06-27.
No impacts to the stream or its buffer are proposed as a result of this
development.
The Community Design Element of the Kent Comprehensive Plan contains goals
and policies that encourage low impact development and environmental
sensitivity in the design of all projects. Utilization of low impact development
techniques (LID) promotes an innovative approach to storm water management
with a basic principle that rainfall is managed at the source using more natural
decentralized controls than a typical conveyance and treatment system.
Typically, LID addresses storm water through small, cost-effective landscape
features located at the lot level. This includes not only open space, but also
rooftops, streetscapes, sidewalks, and medians.
D. Plants
The vegetation on site consists of deciduous and evergreen trees, grass, and
shrubs. Pursuant to Section 15.08.240 Kent City Code, tree retention is required.
All trees over six-inch caliper are required to be preserved to the maximum
extent possible. A tree preservation plan for the proposed subdivision will be
required as a part of the grading plans for the property. Low impact development
techniques promote the protection of existing site vegetation and potentially
decrease the impacts and costs of land clearing and grading.
The Applicant/Owner will also be required to submit and receive approval of a
Landscape Plan meeting the requirements of the City of Kent Construction
Standards, and the landscape requirements for retention/detention ponds in City
of Kent Development Assistance Brochure #5, Landscape Plans. Both the Kent
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Planning Department and the Department of Public Works must approve these
plans prior to, or in conjunction with, the approval of the Engineering Plans.
E. Land and Shoreline Use
The subject property is currently zoned SR-4.5, single family residential, which
allows a maximum gross density of 4.53 dwelling units per acre. The
Comprehensive Plan Land Use designation is SF-6, single family residential, 6
units per acre. The proposed rezone request is consistent with the
comprehensive plan.
The property is developed with a single family residence and associated ,
residential outbuildings. Adjacent properties in all directions are zoned SR-4 5.
Single family residences on platted lots abut the site to the south. Single family
residences on large lots with future development potential abut the site to the
east and west. Mill Creek Canyon Park abuts the site to the north.
Although, there are no specific regulations in place at this time, the City
encourages developers to utilize low impact development techniques within new
subdivisions. As mentioned previously, the Community Design Element of the
Kent Comprehensive Plan contains goals and policies that encourage low impact
development and environmental sensitivity in the design of all projects. The
applicant proposes grading of the site which should be done within the existing
contours as much as possible, minimizing the need for retaining walls. Low ,
impact development techniques promote the protection of existing site
vegetation, reduce infrastructure and utility maintenance costs (streets, curbs,
gutters, sidewalks, storm sewer), and potentially decrease the impacts and costs
of land clearing and grading. Also, low impact development has the potential to
reduce costs for site development improvements such as streets, utilities and
storm water management systems. ,
F. Housing
The proposed development will provide 13 new single family residences.
G. Utilities
Public utilities for water and sewer will be extended along with power, gas,
telephone and cable utilities.
H. 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.
I
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This Residential Subdivision/PUD development as proposed would add an
estimated 120 daily and 12 PM peak hour trips to the public street system.
This development will cause significant and/or additional congestion at the
following intersections:
SE 267th Street at 104th Avenue SE
104th Avenue SE at SE 272"d Street
SE 272"d Street at 108th Avenue SE
108th Avenue SE at SE 274th Way
The proposed development project is located on the East Hill of the City and is
' proposed to take its only access from SE 267th Street. This street is classified as
a Residential Collector Arterial Street with Bike Lanes within the City's
Comprehensive Plan. This street is not fully constructed to current street
standards. This street has an existing public right-of-way width of about 60 feet,
while the asphalt street width is currently about 20 feet wide. The existing street
provides for two narrow lanes of traffic and does not include the following street
improvement features: cement concrete curbs and gutters; stormwater drainage
system; cement concrete sidewalks; or a street lighting system.
The existing asphalt pavement section of the street is inadequate to provide an
L 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
Scenic Hill Elementary School.
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.
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2. The State Shoreline Master Program and the Kent Shoreline Master
Program.
3. Kent City Code Section 7.07 Surface Water and Drainage code.
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.
12. Kent City Code Section 8.05 Noise Control. ,
13. City of Kent 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 Wetland Management Ordinance 3109.
21. City of Kent ESA Response Resolution 1605.
22. Kent City Code Chapter 11.06, Critical Areas
B. The following conditions shall apply to the subdivision portion of the application: ■
1. The Applicant shall provide a Traffic Impact Study (TIS) to identify the
existing and future level-of-service (LOS) for the adjacent intersections
identified in the Staff Report for this development and the existing and
future V / C ratios for the adjacent City streets in the roadway network.
The TIS shall specifically identify all intersections and streets currently at
or below City standards, or estimated to be at or below City standards
due to the increased traffic volumes reasonably expected from the
development; and all adjacent streets at or above the V / C ratios
established for that Mobility Management Zone.
The TIS shall then identify what improvements are necessary to provide a ,
LOS better than or equal to City standards for all intersections to
completely mitigate the existing and/or development impacts thereon.
The TIS shall also identify what improvements are necessary to
completely mitigate the adjacent streets which do not meet the V / C
requirements of Chapter 12.11 of the Kent City Code. Upon agreement by
the City with the findings of the TIS and of the mitigation measures
recommended in the approved TIS; implementation and/or construction
of said mitigation measures shall be the conditional requirement of the
issuance of the respective development permits.
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OR
In lieu of submitting the TIS required above and then providing the
mitigation measures identified in the approved study, the Owner/
Subdivider may instead pay Environmental Mitigation Fee (EMF) to
' participate in, and pay a fair share of the estimated construction costs of
the City's South 272nd Street/South 2771h Street Corridor Project. The
minimum benefit to the Owner/Subdivider is estimated at $12,816 (1986
dollars to be adjusted for rezones; and for inflation based upon the
Consumer Price Index, United States City Average for all Urban
Consumers, or the substituted index as prepared by the United States
Department of Labor) based upon 12 new PM Peak Hour Trips (at the
rate of $1068 per PM Peak Hour Trip) and the capacity of the South 272nd
Street/South 277th Street Corridor.
a. The final benefit value will be determined based upon the number
of new lots approved upon the final plat/PUD multiplied times
$1068 (in 1986 dollars and adjusted for rezones and for inflation
as described above.)
b. The Owner of each lot shall pay the incremental financial
obligation specified herein in full prior to issuance of a Budding
Permit for that lot.
C. The payment of said Environmental Mitigation Fee and the traffic
related conditions given within this document, will serve to
mitigate traffic impacts to the above mentioned intersections and
road system by committing funding for the South 272nd Street/
South 277th Street Corridor which provides additional capacity for
traffic volumes within the area of the above mentioned
development.
2. 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
5-foot vertically separated asphalt walkway conforming to Standard Detail
6-60 from the end of the 5-foot wide sidewalk to the sidewalk/asphalt
walkway system serving Scenic Hill 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).
3. The Applicant shall utilize Low Impact Development Techniques in
construction of the project, where determined feasible by the Kent Public
Works Department and Planning Services Division, including but not
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limited to rainwater collection systems, porous paving on sidewalks, and
bloretention areas with curb cuts in planting strips along roadways.
4. The Applicant shall be sensitive to the natural topography of the site
during construction and minimize negative impact to on-site soils and
neighboring properties.
5. The Applicant shall minimize grading of the site and where done the
grading shall follow the natural contours as much as possible, minimizing
the need for retaining walls. Any retaining walls shall be no more than 4
feet high at perimeter and internal individual property lines and no more
than 6 feet high around the detention/retention pond that is not adjacent
to common property lines. Walls around such detention ponds shall not '
exceed 50 percent of the perimeter of the pond and ponds shall be
landscaped per City standards. The walls shall be constructed of rockery,
other natural material, or with Planning Services and Public Works
approvals may be constructed of patterned concrete that simulates
natural materials. Where structural walls are required to support access
roads and as such cannot be constructed of rockery or natural material,
the walls shall be faced with such materials. Site conditions may warrant
slight adjustments to wall height during construction. Height adjustments
up to 10% of the overall height may be permissible and are subject to
review and approval by Planning Services and Public Works. Retaining
walls associated with construction of the public streets along the frontage
of the property are exempt from the height limits described herein.
Grading to achieve flat building lots shall be minimized.
KENT PLANNING SERVICES
January 24, 2007
SC:Im\\S:\Permit\Plan\Env\2006\2063486-2006-54 doc
Page 8 of 8
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
1 _
B. MAYOR
C. OPERATIONS COMMITTEE - z,
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOP No COMMITTEE
rye _ KnPX.( l.�P J�Lv
f r/
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS_
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
KENT
was HIworow OPERATIONS COMMITTEE MINUTES
FEBRUARY 20, 2007
Committee Members Present. Deborah Ranniger, Debbie Raplee, and Ron Harmon
Tim Clark, Chair, was absent from the meeting
The meeting was called to order by Deborah Ranniger, Acting Chair at 5:04 p.m.
x
1. APPROVAL OF MINUTES DATED FEBRUARY 6, 2007
Ron Harmon moved to approve the minutes of the February 6, 2007, Operation
Committee meeting. Debbie Raplee seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED JANUARY 31, 2007 AND FEBRUARY 15, 2007
Finance Director Robert Nachlinger presented the vouchers for January 31, 2007, and February
15, 2007, for approval.
Debbie Raplee moved to approve the vouchers dated January 31, 2007, and February
15, 2007. Ron Harmon seconded the motion, which passed 3-0.
3. 2006 2ND HALF - BUDGET ADJUSTMENT ORDINANCE
Finance Director Bob Nachlinger presented the 2006 2"d Half - Budget Adjustment Ordinance.
Mr. Nachlinger advised that Authorization is requested to approve the technical gross budget
adjustment ordinance totaling $6,194,760 for budget adjustments made between July 1, 2006
and December 31, 2006. The net amount, excluding transfers and internal service charges, is
$4,434,479 of which $5,171,809 was previously approved by Council. These were primarily for
projects. Of the net amount of $1,022,951 not yet approved by Council, which needs to be
approved to be in compliance with the State Auditor's requirements, $531,219 is for the
allocation of dedicated or project revenues and settlements and authorizing expenditures,
$441,732 represents technical corrections per contracts or other requirements, $50,000 is an
increase in the Golf Course budget to better reflect the actual cost of merchandise sold One
permanent full-time position or the City Attorney's Office for a permanent full-time Crime
Victim/Witness Coordinator/Domestic Violence Advocate.
Debbie Raplee moved to recommend Council approve the consolidating budget
adjustment ordinance for adjustments made between July 1, 2006, and December 31,
2006, totaling $6,194,760. Ron Harmon seconded the motion, which passed 3-0.
4. DOUG LEVY CONSULTING SERVICES AGREEMENT
Chief Administrative Officer John Hodgson presented the Doug Levy Consulting Services
Agreement. Mr. Hodgson advised that since the year 2000, the city has contracted annually with
Doug Levy of Outcomes by Levy to provide legislative services for the city of Kent. Mr. Hodgson
described numerous services Mr. Levy provides to the city. The Committee had questions and
Mr Hodgson responded.
Operations Committee Minutes
February 20, 2007
Page: 2
Ron Harmon moved to authorize the Mayor to sign the agreement with Outcomes by
Levy for government relations consulting services for 2007 in the amount of $5,000.00
per month, plus agreed upon expenses, and upon review by the City Attorney. Debbie
Raplee seconded the motion, which passed 3-0.
The meeting was adjourned at 5:13 p.m.
Renee Cameron
Operations Committee Secretary
City of Kent
Parks and Human Services Committee Meeting Minutes
V KENT February 15, 2007
W nSHnO*On
Call to Order: Debbie Ranniger called the meeting to order at 5:00 p.m.
Council Present: Chair Debbie Ranniger, Debbie Raplee, Bob O'Brien
Item #1: Minutes of January 18,2007 —Approve
Motion: Debbie Raplee moved to approve the minutes of January 18, 2007.
Bob O'Brien seconded and the motion carried 3-0.
Item #2: 2006 Consolidated Annual Performance and Evaluation Report -
Authorize
Housing and Human Services Manager Katherin Johnson submitted to the
Committee for approval, the 2006 Consolidated Annual Performance and
Evaluation Report (CAPER) for the City of Kent. This report is submitted to the
U.S Department of Housing and Urban Development (HUD) outlining the city's
activities and accomplishments using Community Development Block grant
(CDBG) and other funds and is required by HUD to be submitted by March 31,
each year.
Bob observed staff going door-to-door with human services brochures in his
neighborhood He feels there is a more efficient method to contact individuals
and not take up employee time Katherin responded that when staff experience
down time, they use it as an opportunity to go into the neighborhoods and share
information about human services.
Katherin shared details regarding the Housing and Human Services
Department's Home Repair program To qualify for services, citizens must make
80% of the median income (approximately $48,000 gross), must own their own
home, and that home must be their primary residence There is no age
limitation, but priority is given to elderly or disabled residents
iMotion: Bob O'Brien moved to recommend approving the 2006
Consolidated Annual Performance and Evaluation Report, and authorizing
the Mayor to submit the report to HUD. Debbie Raplee seconded and the
motion carried 3-0.
Item #3: King County Developmental Disabilities Grant—Accept and
Amend Budget
Lori Hogan, Recreation Superintendent, speaking on behalf of Janet Hasselblad,
Special Recreation Program Manager, shared that the Adaptive Recreation staff
applied for and received an $8,000.00 grant from King County to assist in funding
the Summer Day Camp Program, primarily Camp Walkapala. She stated that
these funds provide an inclusive day camp experience for children with
developmental disabilities.
Debbie Raplee inquired as to whether these camps were strictly for
developmentally disabled children, or if developmentally disabled children were
integrated into regular summer camps. Bob O'Brien inquired as to the location of
the camps
Lori shared that developmentally disabled participants are integrated into regular
camps, and that camps are held at various locations; typically elementary
schools such as Neely O'Brien and Kent Elementary.
Motion: Debbie Raplee moved to recommend accepting the $8,000.00
Developmental Disabilities Grant from King County and approving the
expenditure of funds in the Day Camp Budget. Bob O'Brien seconded and
the motion carried 3-0.
Item #4: Kent Parks Foundation Donation for the Carousel —Accept and
Amend Budget
Jeff Watling, Director of Parks, Recreation and Community Services shared that
the ribbon cutting ceremony for the new Town Square Park carousel was held on
November 20, 2006. At the time, the City Council approved the purchase of the
1940's classic Venetian style carousel, the Kent Parks Foundation pledged
$48,000.00 to assist in purchasing the carousel. The public was also invited to
purchase 'naming rights' for the carousel and individual 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 available throughout the year for fund raising events.
Motion: Bob O'Brien moved to recommend accepting the $48,000.00
donation from the Kent Parks Foundation in support of the carousel
purchase, and authorizing the expenditure of funds in the Town Square
Park Budget. Debbie Raplee seconded and the motion carried 3-0.
Item #5: King Conservation District Grant for Service Club Park Plantings —
Accept and Amend Budget
Lori Flemm, Superintendent of Parks and Open Space, shared that the Parks
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 perimeter of
Service Club Park. The work was completed by Park staff and 174 volunteers
during two events On Arbor Day in April 2006, two retention ponds were
developed, and 600 trees and shrubs were planted On Make A Difference Day
in October 2005, 35 volunteers planted 240 native trees and shrubs.
Deborah Ranniger asked about the specifics of reimbursable grants Bob O'Brien
inquired as to the location of the Service Club Balifields. Lori responded that the
King Conservation Board evaluates grants quarterly and decides on funding, and
the ballfields are located at 146th and SE 288th
Motion: Debbie Raplee moved to recommend accepting the King
Conservation District Number 9 Grant of $11,339.91 to fund the Service
Club Ballfield Project, and approving the expenditure of funds in the
Service Club Ballfield budget. Bob O'Brien seconded and the motion
carried 3-0.
Item #6: 2007 Grant Applications — Informational
Lori Flemm, Superintendent of Parks and Open Space, shared that the Parks
and Open Space staff actively research various grants that help to defray the
costs of land acquisition and park development. Some grants require public
meetings to qualify for funding and this meeting addresses that requirement Lori
reviewed 24 different projects that were slated for potential grant applications in
2007 (see attachment)
Deborah Ranniger shared that in her four years on the Council she has received
repeated comments from citizens regarding the need for an off-leash dog park
and inquired as to the status of this request.
Lori Flemm shared that the Parks and Open Space staff is making some
progress in this regard They have met with the City of Covington to potentially
work together to designate a portion of Jenkins Creek Park as an off-leash dog
area Also, some additional lands have been acquired adjacent to Clark Lake.
Lori noted that the Master Plan does include an off-leash area.
Bob O'Brien inquired as to levy concerns for the Green River. Lori responded
that the Department of Natural Resources (DNR) manages the levy; adding that
staff works with DNR cooperatively on numerous projects. She added that DNR
recently reviewed the Green River suggesting some resurfacing, which staff will
work on.
Jeff Watling applauded Lori Flemm and her staff on their creativity in pursuing
various grants and their desire to ensure the best stewardship of the city's
resources
Item #7: Tree Recycling Program — Informational
Victoria Andrews, Parks Fund Development Coordinator, shared information
regarding the Christmas Tree Recycling Program at Russell Road Park She
introduced Boy Scout Michael Coleman, who, while working toward his Eagle
Scout advancement protect, developed durable directional signage which was
used to guide traffic throughout the various Christmas Tree recycling centers He
also organized and directed the volunteers during the recycling event and
procured 100% of the protect costs through donations alone.
Victoria also shared that during January 2007, recycling efforts brought about
150-200 yards of wood chips which will be used by Parks Maintenance to mulch
around new plants and surface existing trails This event alone created
approximately $30,000.00 in value to the city.
Bob O'Brien inquired how most trees were brought to the recycling center.
Michael stated that different troops chose different methods and most commonly
trees were delivered in pick up trucks or trailers
Item #8: Youth Tree Education Program — Informational
Lori Flemm, Superintendent of Parks and Open Space, shared information
regarding the Youth Tree Education Program, which in cooperation with Public
Works Environmental Engineering, educates Kent school students in the
environmental, social and economic benefit of trees in our community. This is
the 81' year the program has been presented to Kent schools and over 8,000
native trees have been potted, cared for and planted by local students.
Lori also shared that the program is presented to students in home school
situations They are taken outside to plant a tree and then care for that tree
during the remainder of the school year At the end of the year they either take
the tree home or return to one of the Kent parks to plant it.
Bob inquired as to whether or not students are educated as to the difference
between deciduous and coniferous trees and why different types of trees are
planted in different locations
Lori explained that usually smaller plants and shrubs are chosen for students to
plant; however, they are educated as to why certain trees work better in certain
locations Lori added that this program also assists the city in maintaining our
"Tree City USA" status
Item #9: What's Happening — Informational
Jeff Watling, Director of Parks, Recreation and Human Services, shared i
about plans for a new Aquatic Recreation Center in Kent and the recent
trip to Colorado to meet with architects that would be designing the
Center. He also advised that the first of many public meetings is slated to
occur on March 1, 2007, from 6-8 p.m. at the Green River Community
College, Kent Station, Room 238. The public is invited to attend this
meeting.
■ Jeff also shared that March is National Youth Arts Month. Kids Art Day
will be held on March 3, 2007 from 10-4 at Kent Commons. Families are
encouraged to attend and residents can purchase tickets by calling the
Office of Parks & Recreation. Additionally, there will be a Student Art
Exhibit & Art Walk starting with a reception on Friday, March 16, from 5-00
to 7-00 p m at the Centennial Building.
■ Spring Quarter Registration beings March 5, and the public is encouraged
to participate in any classes or events of interest to them
• Finally, Jeff Watling introduced his new Administrative Assistant, Debbie
Kennedy, who will be joining the Parks and Recreation Department
beginning February 20, 2007. Jeff thanked Teri Petrole, previous Parks
Administrative Assistant, who took a position in the Mayor's office, for her
assistance during his first three months as Director.
The meeting adjourned at 6.00 p.m.
Respectfully submitted,
�,k..L
Teri Petrole
City Council Committee Secretary
`•/ KENTi
w. G.
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
February 13, 2007
COMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair
• The meeting was called to order by Chair Les Thomas at 5:05 PM.
1. Approval of Minutes
Bob O'Brien moved to approve the minutes of the January 9, 2007 meeting.
The motion was seconded by Ron Harmon and passed 3-0.
2. Safety Restraint Coalition mini-grant- ACCEPT
Police Chief Steve Strachan explained the proposed used of grant funds
Ron Harmon moved to recommend accepting the Washington State Safety Restraint Coalition
mini-grant in the amount of S800.00.
The motion was seconded by Bob O'Brien and passed 3-0.
3. Red Light Cameras—INFO ONLY
Chief Strachan introduced Sgt Raf Padilla and they shared information on Red Light Camera
technology
4. Police Department Facility Needs Assessment -AUTHORIZE
Chief Strachan and Charlie Lindsey, Facilities Superintendent, explained the purpose of the facility
space needs assessment.
Bob O'Brien moved to recommend authorizing the Mayor to enter into an agreement with
Ambia,Inc. to prepare a facility needs assessment for the Kent Police Department in the
amount of$28,435.00.
The motion was seconded by Ron Harmon and passed 3-0.
5. Safe Rental and Hotel/Motel Housing Ordinances—INFO ONLY
Deputy City Attorney Pat Fitzpatrick and Chief Strachan explained the proposed ordinances and
answered questions from committee members Pat Fitzpatrick distributed a document to members
which was a sort summary comparing ordinances in neighboring jurisdictions Committee members
thanked Pat Fitzpatrick for his work on the drafts The ordinances will be brought back to committee
at the March meeting with further changes
6. Change Orders with American Medical Response and Tri-med Ambulance, LLC-
AUTHORIZE
Fire Chief Jim Schneider stated the Fire Department is pleased with the current working relationship
with these two ambulance companies and requests a three year extension on the agreements
Ron Harmon moved to recommend Council authorize the Mayor to sign Change Orders with
American medical Response and Tri-med Ambulance, L.L.C. to extend the term of the original
Ambulance Services Agreements for an additional three years through April 30, 2010.
The motion was seconded by Bob O'Brien and passed 3-0.
7. Purchase of WebEOC software and related hardware—AUTHORIZE
Chief Schneider explained the benefits of the software and equipment which will be purchased with
grant funds previously accepted from the Washington State Military Department
Bob O'Brien moved to recommend that the Mayor be authorized to sign purchase orders for
the purchase of WebEOC software and related hardware.
The motion was seconded by Ron Harmon and passed 3-0.
8. Regional Fire Authoritv Concept—INFO ONLY
Chief Schneider explained the concept and stated that it would require voter approval in order for the
Kent Fire Department and King County Fire District#37 to form a Regional Fire Authority Ron
Harmon was asked, and agreed, to serve on the Ad-Hoc Stakeholder Committee
The meeting adjourned at 6:04 PM.
Jo Thompson '
Public Safety Committee Secretary
Public Safety Committee Minutes 2
February 13,2007
PUBLIC WORKS COMMITTEE MINUTES
February 26, 2007
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*06 p.m.
ITEM 1- Approval of Minutes Dated February 05, 2007
Committee Member Harmon moved to approve the minutes of February 05, 2007. The
motion was seconded by Clark and passed 3-0.
ITEM 2— Consulting Contract/Corrosion Control Design - Guiberson
Dave Brock, Utilities Manager, explained that we currently have three Corrosion Control Facilities that
use sodium hydroxide in the pH adjustment process. 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 Corrosion Facility is necessary because the water from the Tacoma P5 System is of a different
composition than Kent's (surface water verses ground water), and because of this has a different pH.
When mixing the two sources pipes can corrode at a more rapid rate, thereby requiring corrosion
control. The committee had questions and staff responded
Harmon moved to 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. The motion was seconded by Clark and passed 3-0.
ITEM 3 — Ordinance/Mandatory Garbage Pickup
Robyn Bartelt, Conservation Specialist, sat in on behalf of Mike Mactutis, Environmental Engineering
Manager. Bartelt stated that Staff has reviewed and amended KCC Chapter 7.03 to add an exemption
from residential mandatory garbage service for residents that own a Kent business that subscribes to
commercial garbage collection services, and other minor revisions to clarify and correct various
provisions regarding the handling of solid waste, recyclable materials, and yard waste in the City of
Kent. An implementation plan to enforce the mandatory requirement includes an informational
brochure and revised notices to be sent to non-complying residents in a phased mailing schedule,
providing a minimum of 30 days for residents to sign up to be in compliance with the code, addition of
a 10 gallon can service level, coordination with media prior to reinstatement, and meetings with Allied
Waste staff. Residents have until June 1, 2007 to sign up. Additional information will be brought
back to this committee in the coming months as this process progresses. The committee asked that
the flyer be modified before going out to customers. Staff agreed to make the necessary changes.
Harmon moved to recommend the Council adopt proposed ORDINANCE amending Chapter
7.03 of the Kent City Code and reinstate enforcement of the mandatory garbage
requirement. The motion was seconded by Clark and passed 3-0.
' ITEM 4 — Contract/R.W. Beck-Earthworks Park Dam Design Construction Standard
Modifications
Beth Tan, Environmental Engineer, spoke on behalf of Mike Mactutis, Environmental Engineering
Manager. Tan shared that this is a modification to the original contract and noted the importance of it
to our CIP. The existing outlet at the Lower Mill Creek Canyon Dam at Earthworks Park has
inadequate capacity according the Washington Department of Ecology Dam Safety Office (DOE)
guidelines. The unique engineering disciplines (Structural and Water Quality) required to design this
facility are not present with in-house staff.
Clark moved to 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
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PUBLIC WORKS COMMITTEE MINUTES
February 26, 2007
of$84,894, upon concurrence of the language therein by the City Attorney and Public
Works Director. The motion was seconded by Harmon and passed 3-0.
ITEM 5 - Information Only/Construction Standard Modifications
Mike Gillespie, Development Manager, presented an overview of the process for updating the
Construction Standards in 2007. The emphasis is to bring the standards into conformance with the
latest engineering principals, new and improved standards for erosion control, site grading and
development, urban streetscape, and low impact development design. The Public Works Department
will be coordinating these changes with other City Departments (Community Development, Parks and
Recreation, Fire Department), and will present this information to the review group made up of
developers, contractors, businesses, and citizens of Kent. This update will fill in many gaps where
there is not adequate information to consistently apply these standards. Additional information will
be brought to this committee as the process is being updated.
No Motion Required - Information only
ITEM 6-Information Only/How Well is Public Works Performing Customer Service-Design
Mark Howlett, Design Engineering Manager gave an informational PowerPoint presentation on -Public
Works Focus on the Customer. He explained the role of the Design section; went over the City
Strategic Goals and a sample survey to the customers. A brief discussion with committee members
and staff followed.
Information Only No Motion Required
ITEM 7-Information Only/How Well is Public Works Performing Customer Service-
Transportation
Steve Mullen, Transportation Engineering Manager gave an informational PowerPoint presentation on
Public Works Focus on the Customer. He explained the role of the Transportation section; went over
the City Strategic Goals and a sample survey to the customers. A brief discussion with committee
members and staff followed.
Information Only No Motion Required
ITEM 08-Speed Study - 114`h Avenue SE
Steve Mullen, Transportation Engineering Manager, gave an informational hand out regarding,
Designation of Speed Limits on 1141n Avenue SE.
In summary:
1. The speed limit for the segment of 114tn Avenue SE, between Kent-Kangley Road and SE 269tn
Street according to the traffic engineering investigation recently completed shall be retained at
35 mph to apply to the entire street section described in the document.
2. The speed limit for the segment of 114tn Avenue SE, south of SE 269th Street could either:
a. remain at 25 mph, under the basic speed rule, or
b. be established as 35 mph, as determined by the recently completed traffic engineering
investigation.
The committee had questions and staff responded. The committee asked that we review state statute
a final time to determine if there are not other applicable regulations, and if not bring the document
back for final recommendation. This item will come back to committee again at a later date.
Information Only No Motion Required
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PUBLIC WORKS COMMITTEE MINUTES
February 26, 2007
ITEM 09- Information Only/Annexation ROW Ownership Interlocal Agreement between the
City of Kent and the City of Auburn - Lea Hill
Larry Blanchard, Public Works Director
Over the course of the last ten years development in both Kent and Auburn have modified Kent's
southerly boundary and Auburn's Northerly boundary. To add to this both Kent and Auburn have
Proposed Annexation Areas (PAA's) that further complicate their boundaries. The City of Auburn is
currently in the process of preparing a vote in November 2007 for annexation of Lea Hill and would
like to correct some of the inconsistencies with these boundaries. Both Kent and Auburn staff will
work on preparing annexation/de-annexation documents to provide boundaries that clearly define
ownership responsibilities of each jurisdiction for review and recommendation by the PWC in the near
future.
Item to bring back to Committee at a later date:
Construction Standards bring back to PWC as it is being updated.
• Partnering with neighborhoods - Traffic Issues that are ongoing Southpark Neighborhood (S 3r°
Avenue), Southndge Neighborhood (282nd Street SE), Country Village Estates, and other that
may have been added to the list.
• Look at what I would cost for generator type battery back-up at intersections during inclement
weather or other options that may be available to provide power to traffic signals during power
outage or emergency situations.
• Lea Hill Right-of-Way/Annexation/ De-annexation process.
Adiourned:
The meeting was adjourned at 6:50 p.m.
Next Scheduled Meeting for:
Monday, March 5, 2007 at 5:00 p.m,
II
Cheryl Vis th,
Public Works Committee Secretary
I
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CONTINUED COMMUNICATIONS
I
A.
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION