HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/04/2008 i
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� City of Kent
City Council Meeting
� Agenda
� March 4, 2008
� Mayor Suzette Cooke
Debbie Raplee, Council President
� Councilmembers
Elizabeth Albertson Bob O'Brien
Tim Clark Deborah Ranniger
Ron Harmon Les Thomas
KENT
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT March 4, 2008
WAS_HIN_GTON_ Council Chambers
MAYOR: z A Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Deborah Ranniger Les Thomas
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1 COUNCIL WORKSHOP CANCELLED
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Update from King County - Councilmember Reagan Dunn
B. Public Recognition
C. Community Events
D. Proclamation - Records and Information Management Month
E. Employee of the Month
F. Legislative Report
G. Economic Development Report
H. Kent Events Center Update
5. PUBLIC HEARINGS
A. LID 360, S.E. 227th Place Sanitary Sewers (Quasi-Judicial
Proceeding) - Ordinance
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Harmon - Approve
nExisting Police Headquarters Research and Development Funding and
lJ New Police Headquarters Construction Alternative Analysis Contract -
Authorize
E. DSHS Grant Agreement for Safe Havens - Authorize
F. 2007 Community Development Block Grant Consolidated Annual
Performance Evaluation Report (CAPER) - Authorize
G. 2008 City Art Plan and Five-Year Art Plan - Approve
H. King County Agreement for Jail Transition Services - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
OTHER BUSINESS
Mt!!r'r idian Banks Rezone Ordinance (Quasi-Judicial Proceeding)
8 BIDS
Z
A. 4th and James Street Improvements
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SE ON AND AFTE ECUTIVE SESSION
A. Proper quisition
12. ADJOURNMENT
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NOTE: A opy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) UPDATE FROM KING COUNTY - COUNCILMEMBER REAGAN DUNN
B) PUBLIC RECOGNITION
C) COMMUNITY EVENTS
D) PROCLAMATION - RECORDS AND INFORMATION MANAGEMENT MONTH
E) EMPLOYEE OF THE MONTH
jF) LEGISLATIVE REPORT
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jG) ECONOMIC DEVELOPMENT REPORT
H) KENT EVENTS CENTER UPDATE
Kent City Council Meeting
Date March 4, 2008
Category Public Hearings - 5A
1. SUBJECT: LID 360, S.E. 227TH PLACE SANITARY SEWERS - ORDINANCE
(QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: As established by council, this date has been set
for the public hearing on confirmation of the final assessment roll for LID 360. The
City has determined that certain properties are specially benefited by the
construction of an 8" sanitary sewer system with 6" side sewer stubs for the
twelve properties included within the local improvement district, and has
proposed to proportionately assess these properties in accord with those special
benefits. Because the proposed final assessment roll affects specific, individual
property owners, the Council sits in a quasi-judicial capacity as a board of
equalization for this matter. The Public Works Director will make a presentation,
followed by a brief informational statement from the City Attorney before opening
the hearing.
3. EXHIBITS: Ordinance
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
6. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember ` seconds
to close the public hearing.
B. Councilmember moves, Council tuber seconds
to adopt Ordinance No. whi approves and confirms the final
assessment roll on Local Improve nt District 360 concerning an 8" sanitary
sewer system, with 6" side sewer stubs for the 12 properties included within
the local improvement district.
DISCUSSION:
ACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving and confirming
the assessments and assessment roll of Local
Improvement District No. 360 for the construction of
an 8" sanitary sewer system with 6" side sewer
stubs to the property line for each of the twelve
properties included within the local improvement
1 district, as provided by Ordinance No. 3793, and
levying and assessing a part of the cost and expense
thereof against the several lots, tracts, parcels of
land and other property as shown on the assessment
roll.
RECITALS
A. The assessment roll levying the special assessments against the
property located in Local Improvement District No. 360 in the City of Kent,
Washington, has been filed with the City Clerk as provided by law.
B. Notice of the time and place of the hearing to make objections
and protests to the roll was published at and for the time and in the manner
provided by law fixing the time and place of the hearing for March 4, 2008,
at 7:00 p.m., local time, in the Council Chambers in the City Hall, Kent,
Washington, and further notice of the hearing was mailed by the City Clerk to
each property owner shown on the roll.
LID 360 Final Assessment Roll Ordinance
50890774 1
C. At the time and place fixed and designated in the notice, the
hearing was held, all written protests received were considered, and all
persons appearing at the hearing who wished to be heard were heard, and
the City Council, sitting and acting as a Board of Equalization for the purpose
of considering the roll and the special benefits to be received by each lot,
parcel, and tract of land shown upon that roll, including the increase and
enhancement of the fair market value of each parcel of land by reason of the
improvement, overruled all such protests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DO ORDAIN as follows:
ORDINANCE
SECTION]. - Roll Confirmation. The assessments and assessment
roll of Local Improvement District No. 360, which has been created and
established for the purpose of constructing an 8" sanitary sewer system with
6" side sewer stubs to the property line for each of the twelve properties ,
included within the local improvement district, as provided by Ordinance
No. 3792, as the same now stands, is approved and confirmed in all things
and respects in the total amount of $
SECTION2. - Special Benefit. Each of the lots, tracts, parcels of
land, and other property shown upon the assessment roll is determined
and declared to be specially benefited by this improvement in at least the
amount charged against those properties, and the assessment appearing
against them is in proportion to the several assessments appearing upon
the roll. There is levied and assessed against each lot, tract, or parcel of I
land and other property appearing upon the roll the amount finally charged
against the same. `
SECTION3. — Notice of Roll. The assessment roll as approved and
confirmed shall be filed with the Finance Department Director of the City
-2- LID 360 Final Assessment Roll Ordinance _
50890774 1
for collection, and the Finance Department Director is authorized and
drecfed�-publisWi no-fi e as required by aW-sta- ng tTia � e ro sin tTie
Director's hands for collection and that payment of any assessment or any
portion of that assessment can be made at any time within thirty (30) days
from the date of first publication of that notice without penalty, interest or
cost, and that thereafter the sum remaining unpaid may be paid in
( ) equal annual installments of principal and interest. The
estimated interest rate is stated to be (_._) o per annum, with
the exact interest rate to be fixed in the ordinance authorizing the issuance
and sale of the local improvement bonds for Local Improvement District
No. 360. The first installment of assessments on the assessment roll shall
become due and payable during the thirty (30) day period commencing
one year after the date of first publication by the Finance Department
Director of notice that the assessment roll is in his hands for collection, and
annually thereafter each succeeding installment shall become due and
payable in like manner. If the whole or any portion of the assessment
' remains unpaid after the first thirty (30) day period, interest upon the
whole unpaid sum shall be charged at the rate as determined above, and
each year thereafter one of the installments, together with interest due on
the unpaid balance, shall be collected. Any installment not paid prior to
expiration of the thirty (30) day period during which that installment is due
and payable shall become delinquent. Each delinquent installment shall be
subject, at the time of delinquency, to a charge under Kent City Code
Section 3.22.030 of a penalty levied on both principal and interest due
upon that installment equal to the rate fixed in the ordinance authorizing
the issuance and sale of the local improvement bonds for Local
Improvement District No. 360, plus five (5) percent. All delinquent
installments also shall be charged interest at the rate as determined above.
The collection of delinquent installments shall be enforced in the manner
provided by law.
-3- LID 360 Final Assessment Roll Ordinance
50890774 1
SECTION 4. - Severability. If any one or more section, subsections,
or sentences of this ordinance are held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. - Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its publication as required by law. t
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER PLLC
Special Counsel and Bond Counsel
Passed the day of March, 2008.
Approved the day of March, 2008.
Published the day of March, 2008.
-4- LID 360 Final Assessment Roll Ordinance
50690774 1
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rCERTIFICATION
I, the undersigned, city clerk of the city of Kent, Washington, hereby
certify as follows:
1. The attached copy of Ordinance No. is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the city
council of the city held at the regular meeting place thereof on March ,
2008, as that ordinance appears on the minute book of the City; and the
ordinance will be in full force and effect five (5) days after the publication
of its summary in the city's official newspaper; 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 passage of the ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day
of March, 2008.
CITY OF KENT, WASHINGTON
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BRENDA JACOBER, City Clerk
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LID 360 Final Assessment Roll Ordinance
50890714 1
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Kent City Council Meeting
Date March 4, 2008
Item No. 6A - 6B
1 CONSENT CALENDAR
6. City Council Action:
Councilmember c �r moves, Councilmember
seconds to approve Consent Calendar Items A through H.
Discussion
rAction
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of February 19, 2008.
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 19, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/08 Wire Transfers 3157-3174 $1,817,383.54
2/15/08 Regular 617235-617718 2,142,185.75
Void Checks (225,246.67)
Use Tax Payable 10,421.14
$3,744,743.76
Approval of checks issued for payroll for February 1 through February 15 and paid
on February 20, 2008:
1 Date Check Numbers Amount
2/20/08 Checks 303032-303312 $ 207,300.29
2/20/08 Advices 226160-226888 1,393,622.68
Total Regular Payroll
$1,600,922.97
Kent City Council Meeting
KENT y
WASH I_NGTON February 19, 2008
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor
Cooke. Councilmembers present: Albertson, Clark, O'Brien, Ranniger, and Raplee.
Harmon and Thomas were excused from the meeting. (CFN-198)
Mayor Cooke welcomed Boy Scout Troops 414, 481, and 888 to the meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made to the
agenda.
B. From the Public. (CFN-198) There were no changes to the agenda from the
public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) No comments were made.
B. Community Events. (CFN-198) No comments were made.
C. Employee of the Month. (CFN-147) Mayor Cooke announced that Police Officer
Bill Blowers has been chosen Employee of the Month for February. Police Chief
Strachan commended Blowers on his values and accomplishments, and the Mayor
presented him with the Employee of the Month plaque.
D. Employee of the Year. (CFN-147) Mayor Cooke announced that the 2007
Employee of the Year is Public Works Signal Engineer John Rostad. Public Works
Director Larry Blanchard expressed pride in Rostad and told of his work ethic and
pleasure in serving the public.
E. Legislative Update. (CFN-198) Community and Public Affairs Manager Michelle
Witham reported on the status of issues affecting the city, including the prostitution/
vehicle forfeiture bill, reimbursement of costs for incarcerated offenders, advanced
funding for the Center for Advanced Manufacturing, infrastructure funding bills,
transportation funding, and revenue projections.
F. Public Safety Report. (CFN-122) Police Chief Strachan updated the Council on
monthly statistics. He also discussed commercial vehicle parking, and noted that the
automatic license plate reader has read 92,000 license plates since January 8, 2008,
' resulting in the recovery of 17 stolen cars. He also noted that the new jail inmate
lookup service received 9,258 calls in the first 19 days, all of which would have been
phone calls to the Police Department.
G. Kent Events Center Update. (CFN-1305) CAO Hodgson stated that contract
negotiations with the operator, SMG, are going well, that the project is on time and on
budget, that 75% of the bids have gone out, and that the next step is to hire a
concessionaire.
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Kent City Council Minutes February 19, 2008
PUBLIC HEARING
A. Surplus Inventory and Equipment. (CFN-239) Mayor Cooke noted that the City
has certain equipment which is no longer actively in use as part of the City's public
utility system. She then opened the public hearing. There were no comments from the
audience and RAPLEE MOVED to close the public hearing. Clark seconded and the
motion carried.
RANNIGER MOVED to adopt Resolution No. 1779 which declares certain public utility '
equipment surplus and authorizes its sale to the highest bidder at public bid. Clark
seconded and the motion carried.
CONSENT CALENDAR ,
Raplee moved to approve Consent Calendar Items A through R. Clark seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of
February 5, 2008, were approved.
B. Approval of Bills. CFN-104 Payment of the bills received through January 15
pp ( ) Y 9 Y
and paid on January 15 after auditing by the Operations Committee on February 5, '
2008, were approved.
Approval of checks issued for vouchers: ,
Date Check Numbers Amount
1/15/08 Wire Transfers 3119-3136 $4,494,103.57
1/15/08 Regular 616041-616486 1,219,879.01
Void Checks (3,323.18)
Use Tax Payable 2,518.86
$5,713,178.26
Payment of the bills received through January 31 and paid on January 31 after auditing
by the Operations Committee on February 5, 2008, were approved. '
Approval of checks issued for vouchers:
Date Check Numbers Amount ,
1/31/08 Wire Transfers 3137-3156 $ 5,102,251.21
1/31/08 Regular 616487-617234 7,111,817.27
Void Checks (151,577.55)
Use Tax Payable 2,484.81
$12,064,975.74
Checks issued for payroll for January 1 through January 15 and paid on January 18,
2008, were approved:
Date Check Numbers Amount
1/18/08 Checks 302470-302737 $ 248,718.57
1/18/08 Advices 224701-225431 1,673,862.98
Total Regular Payroll $1,922,581.55
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Kent City Council Minutes February 19, 2008
Checks issued for payroll for January 29 Interim Check Run and paid on January 29,
2008, were approved:
Date Check Numbers Amount
1/29/08 Checks 302738-302745 $1,158.56
1/29/08 Advices 0 0.00
Total Regular Payroll $1,158.56
Checks issued for payroll for January 16 through January 31 and paid on February 5,
2008, were approved:
Date Check Numbers Amount
2/5/08 Checks 302746-303031 $ 250,191.26
2/5/08 Advices 225432-226159 1,413,488.71
Total Regular Payroll $1,663,679.97
C. Council Absence for Harmon and Thomas. (CFN-198) Excused absences for
Councilmembers Harmon and Thomas from tonight's meeting were approved.
D. 2008 Contract with DCI Engineers for Updates. (CFN-1038) The Mayor was
authorized to sign the contract with DCI Engineers, Inc., in an amount not to exceed
$30,000, to continue updating all of the City's construction standards, specifications,
' and development assistance brochures, upon terms and conditions acceptable to the
Public Works Director and City Attorney.
' E. 2008 Contract with DCI Engineers for Peer Review. (CFN-1038) The Mayor
was authorized to sign the contract with DCI Engineers, Inc., in an amount not to
exceed $40,000, to provide professional engineering services to the City for peer
review of civil construction plans in connection with proposed development projects,
upon terms and conditions acceptable to the City Attorney and the Public Works
Director.
' F. 2008 Contract with Otak, Inc. for Peer Review. (CFN-1038) The Mayor was
authorized to sign the contract with Otak, Inc., in an amount not to exceed $40,000,
to provide professional engineering services to the City for peer review of civil
construction plans in connection with proposed development projects, upon terms
and conditions acceptable to the City Attorney and the Public Works Director.
G. 2008 Contract with Skillings Connolly for Peer Review. (CFN-1038) The
Mayor was authorized to sign the contract with Skillings Connolly, in an amount not to
exceed $40,000, to provide professional engineering services to the City for peer
review of civil construction plans in connection with proposed development projects,
upon terms and conditions acceptable to the City Attorney and the Public Works
Director.
H. Copier Fleet Replacement Lease Agreements. (CFN-1155) The Mayor was
authorized to sign a lease agreement with Ricoh Business Systems and all other
necessary documents, within established budgets and in an approximate amount of
$320,000 per year, to supply the City with multi-function copier, printer, and facsimile
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Kent City Council Minutes February 19, 2008
devices under the King County Directors Association's Master Contract, subject to final
terms and conditions acceptable to the City Attorney.
I. Workers Compensation Claims Administration Agreement. (CFN-147)
The Mayor was authorized to sign the three-year Workers' Compensation Claims
Administration Agreement with Berkley Risk Administrators Company, LLC, in an
annual amount of $51,250, for claim administration services, subject to final terms
and conditions acceptable to the City Attorney.
J. Comprehensive Communications Technology Infrastructure Master Plan.
(CFN-1155) The Mayor was authorized to sign the agreement with Information
Systems Management Solutions, Inc., to support the completion of the City's
Comprehensive Communications Technology Infrastructure Master Plan, for a total
amount not to exceed $98,000, subject to approval of final terms and conditions by
the City Attorney and the Information Technology Director.
K. Capital Asset Replacement Fund Policy Resolution. (CFN-104) Resolution
No. 1780 which incorporates existing city financial practice by formally adopting a
replacement fund policy that will establish cash reserves to fund replacement of various
capital assets as they are retired out of use, including addition of a $300,000 annual
furnishing and fixture replacement fund for the Kent Events Center was adopted.
L. Kent Events Center Public Facilities District Contingent Loan Agreement. ,
(CFN-1305) The Mayor was authorized to sign all documents necessary to amend the
Form of Contingent Loan Agreement between the City and the Kent Events Center
Public Facilities District. After a detailed review of state and federal taxation and
securities laws, bond counsel has recommended changes to the contingent loan
agreement to obtain the best interest rates and returns.
M. Levan Warehouse Bill of Sale. (CFN-484) The Bill of Sale for Levan Warehouse ,
for 216 linear feet of streets, 204 linear feet of storm sewer, 2 catch basins, and 5700
cubic feet of detention pond storage was accepted. This project is located at 8711 S
222"d Street.
N. West Valley Office/Retail Bill of Sale. (CFN-484) The Bill of Sale for West
Valley Office/Retail for 1 gate valve and 1 hydrant was accepted. This project is located
at the northeast corner of 68th Avenue South and South 204th Street.
O. Verdana Planned Unit Development Ordinance. (CFN-1314) Ordinance
No. 3874, which adopts the Hearing Examiner's Findings, Conclusions, and Revised
Recommendation relating to the Verdana Planned Unit Development major modification
application was adopted.
On February 5, 2008, the Council voted to adopt an ordinance affirming the Hearing
Examiner's recommendation to deny without prejudice the proposed major modification
of the Verdana Planned Unit Development. The applicant, Kent 25, LLC, proposed
construction of a Neighborhood Convenience Commercial development within a Future
Development Tract of the approved PUD. The Future Development Tract is 13.3 acres
located at the northwest corner of 124th Avenue Southeast and Southeast 304th Street
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Kent City Council Minutes February 19, 2008
in Kent. The site is zoned Single Family Residential, one unit per acre. The Kent
Hearing Examiner held a Public Hearing on November 7, 2007, and on January 17,
2008, issued Findings, Conclusions and a Revised Recommendation of denial without
prejudice. This Ordinance adopts the Hearing Examiner's Findings, Conclusions, and
Revised Recommendation.
P. Crisis Intervention Coordinator Contract. (CFN-122) The Mayor was author-
ized to sign a Consultant Services Agreement with Pat Ellis, Jr., Crisis Intervention
Coordinator, as an independent contractor to provide crisis intervention to individuals
affected by public safety emergencies, at the request of officers in the Kent Police and
Fire Departments.
These services are available to City of Kent employees as well as citizens in our
community. As Crisis Intervention Coordinator, Ellis responds to calls received from
Police and Fire officers 24 hours a day, 7 days a week.
Q. Washington Association of Sheriffs and Police Chiefs Traffic Safety Grant.
(CFN-122) The Washington Association of Sheriffs and Police Chiefs Grant for $3,000
to purchase one Stalker LIDAR-C (laser) speed measurement unit for the Kent Police
Department's Traffic Unit was accepted.
R. Sewer Master Plan Consultant Agreement. (CFN-598) The Mayor was
authorized to sign an agreement with URS Corporation for engineering consultant
' services for the City's Sanitary Sewer Master Plan in the amount of $136,561.44, upon
terms and conditions acceptable to the Public Works Director and City Attorney.
On January 7, 2008, the Public Works Committee approved a contract with URS
Corporation for consultant work on the Sewer Master Plan. The contract amount
approved by the Committee was $139,117.28, Unfortunately, when the contract was
1 placed before the full Council at its January 15, 2008 meeting, the cover sheet
contained a typographical error, dropping the number "9" in the bid amount, which
resulted in Council only approving $13,117.28 for the work as opposed to $139,117.28.
In addition, the cost of the work is slightly lower than originally anticipated. Therefore,
the amount of the contract is $136,561.44.
OTHER BUSINESS
A. Regional Jail Study. (CFN-122) CAO Hodgson explained that the cities of Renton,
Auburn, SeaTac and Federal Way are studying the feasibility of building and operating a
regional jail in south King County. He explained the reason such a facility is needed
and noted that Kent staff have developed plans to either add to the current jail or build
a new Jail to accommodate future growth. He added that staff believes it would be of
value to join in the study, and that the Operations Committee recommends participa-
tion and approval of $40,000 for the study. He said it has been emphasized to the
group that if bringing a location within this community is a requirement, the City of
Kent will not participate, since the Regional Justice Center is located here.
CLARK MOVED to authorize the Kent Police Department to participate in a regional jail
study not to exceed $40,000. Raplee seconded and the motion carried.
5
Kent City Council Minutes February 19, 2008
B. Valley Cities and Forever Green Memorandum of Understanding. (CFN-1137)
The proposed Memorandum of Understanding between the Valley Cities and Forever ,
Green will allow Forever Green to work toward linking the Interurban Trail through
Algona and Pacific to the foothills trail in Sumner. This linkage will enable cyclists,
walkers and runners to connect from Lake Washington to the foothills of Mt. Rainier.
RAPLEE MOVED to authorize the Mayor to sign the Memorandum of Understanding
between the Valley Cities and Forever Green. Clark seconded and the motion carried.
It was noted that there will be no budget impact to the city.
REPORTS
A. Council President. (CFN-198) Raplee noted that there will be a special meeting ,
of the City Council from 4:00 to 6:00 p.m. on February 26, 2008, in the Council
Chambers, to review the Strategic Plan Final Report and to consolidate the work done
at the recent retreat.
B. Mayor. (CFN-198) Mayor Cooke spoke about transportation tolling mechanisms,
policies and other related issues.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the ,
next meeting will be held at 5:00 p.m. on Thursday, February 21st.
E. Planning and Economic Development Committee. (CFN-198) Albertson noted '
that there will be another special meeting with the City of Des Moines regarding the
Midway Sub-area Plan. It was emphasized that there is no intention to de-annex any of
the city along the west side of Highway 99. Albertson added that the next regular t
meeting will be held at 5:00 p.m. on March 10th.
F. Public Safety Committee. (CFN-198) No report was given.
G. Public Works Committee. (CFN-198) Ranniger noted that, due to the holiday,
the next meeting will be held on February 25th. ,
H. Administration. (CFN-198) Hodgson noted that no Executive Session is
scheduled. '
ADJOURNMENT
The meeting adjourned at 8:00 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk '
6 ,
Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6C
1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER HARMON - APPROVE
2. SUMMARY STATEMENT: Approve an excused absence for Councilmember
' Harmon from tonight's meeting.
3. EXHIBITS: Memorandums
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
1 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
City Council
Debbie Raplee, Council President
Phone.253-856-5712
K E N T Fax 253-856-6712
W A S H I N G T O N Address. 220 Fourth Avenue S
Kent,WA 98032-5895
MEMORANDUM
i
TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Ron Harmon, Councilmember
DATE: March 4, 2008
' SUBJECT: City Council Excused Absence
I would like to request an excused absence from the March 4, 2008 City
Council meeting. I will be unable to attend.
Thank you for your consideration.
Ron Harmon
JP
Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6D
1. SUBJECT: EXISTING POLICE HEADQUARTERS RESEARCH AND
DEVELOPMENT FUNDING AND NEW POLICE HEADQUARTERS
CONSTRUCTION ALTERNATIVE ANALYSIS CONTRACT -
AUTHORIZE
2. SUMMARY STATEMENT: Approve $50,000 to fund existing facilities
research and development, and authorize the Mayor to enter into an agreement
with Ambia Architecture to perform an analysis of construction alternatives
subject to final approve of terms and conditions by the Police Chief and the City
Attorney.
In 2007, the City renewed the programming and space study for the Police
Department. The study determined that the Police Department needed
approximately 70,000 square feet of space to accommodate growth for the next
25 years. With numerous other facility requirements necessary to accommodate
' current growth and the looming annexation, a team of City staff have been
exploring other construction alternatives to expand city facilities within the nearby
adjacency of City Hall. This includes purchase, lease, or option agreements for
' existing buildings.
3. EXHIBITS: Agreement with Ambia
4. RECOMMENDED BY: Operations Committee 2/19/08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
•
KENT
W P S H I N G T O N
■ CONSULTANT SERVICES AGREEMENT
■ between the City of Dent and
Ambia Enduring Architecture
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Ambia Enduring Architecture organized under the laws of the State of Waslungtou,
located and doing business at 108 First Avenue South, Suite 200, Seattle, Wa. 98104, David Thomas, 206-340-
1552 davidt@ambia-inc.com (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
For the Cityof Kent Police Department provide an Existing Conditions Anal ysis, in accordance
1 P � y
with the proposal dated Februaly 7, 2008, which is attached and incorporated as Exhibit A.
I �
i
I
Consultant further represents that the services furnished under this Agreement will be perlonned in
accordance with generally accepted professional practices in effect at the time those services are performed.
IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section. I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I within 60 days.
I11. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty-
six thousand five hundred thirty-one dollars and twenty cents ($46,531.20) for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the fonli of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services contracted for
herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective
date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
' CONSULTANT SERVICES AGREEMENT- I
(Over$10,000)
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will inunediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the perfoi7niance of work Linder this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the emplopnent relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE ,
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE '
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
CONSULTANT SERVICES AGREEMENT-2 ,
("Over$'10,000)
IX. EXCHANGE OF INFORMATION. The Citywill provide its best efforts to provide
P
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XH. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
oi-other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in lull force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising froze the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification raider Section
VIIoftills Agreement.
CONSULTANT SERVICES AGREEMENT-3
(Over.CIO,000)
D. Written Notice. All connnunications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall becoine effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of '
the non-assigning party shall be void. If the non-assigning party gives its consent to any assigmnent, the terms
of this Agreement shall continue in full force and effect and no further assigmnent shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terns of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement,the tens of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(stgnaha-e) (stgilattu e)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
David Thomas Charles (Charlie) Lindsey, Superintendent of Facilities
Ambia -inc. City of Kent
108 First Ave South, Suite 200 220 Fourth Avenue South
Seattle, Washington 98104 Kent, WA 98032
206-340-1552 (telephone) (253) 856-50SI (telephone)
206-340-0412 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORI\I:
Kent Law Department
' ambiaanal)sisoldkentelementary
CONSULTANT SERVICES AGREEMENT-5
(Over$10.000)
I�
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
I. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory,mental or physical disability.
3. During the time of this Agreement the prince contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
d. During the time of the Agreement I, the prinne contractor, will actively consider lying and promotion of
women and minorities. �1
5. Before acceptance of this Agreement, an adherence statement will be signed by me. the Prime
Contractor, that the Prune Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- I ,
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: M�TORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform. to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating conunitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these reo nations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project b the Contractor awarded the
P J Y
Agreement_
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prune contractor for the Agreement
known as that was entered into ou the (d ate)
between the firm I represent and the City of Kent.
I declare that I complied filly with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this dav_ of 200
By:
For:
Tit]e:
Date:
EEO COMPLIANCE DOCUMENTS-
r r
16 /I
I
City of Kant Police Department
Bu+Idmgs Ex+st+ng Cond+hons Analyss _ _ _ _ _ _
Amba Project Number 27003
BASIC SERVICES
AMBIA �_—AMBIA Roen _ MIA KPFF INVENTRIX I INVENTRIX INVENTRIX _ INVENTRIX MCCONNEL_
Arch Code Anal,sis _Cost Slruclural Cwd I_Mechamcal-Pnn Mechawal-Sea I Eleoncal-Pnnl .Electncal-Sen _-Haz Mal__
Hourly Rafe g 15000;S 120 OOJ$ 13500 5 125 0_0_I$ 150 00 s 150 00 S 1:n 00 s _ 150 00 S _ I20 oo 5 110 OJ
Scope of Work _ -L _
I
Review of Prog'am&hu,ld,, do_cs —_ —1
S,t�y"d Doaumenl Revew 6 _ - 1J— 95�
Egu rnam I Svstems Invosugahon _ _ _ I_ - _ ] _ _ 41_ _
Review
menl of lec,Works
_-
Review with`ubl,G V'lorKs
Nnn strurl,,ml Code Ane179s
Hazaardoun t iaal9llals P elIesv Li
Tier I evaluat.n/Seismic 2 Floors
C oeporl I nrral(In —_-4 �
0 3- 4�9
i
Meeting MI—al nce __ _ I _ 81 _ _ _ 4 _ _ -
TOI al Hours 40� _— _4_ _7121 235� _ 3�^to+l __-1 17,
$ 7=00 00 2,88 n0 $3,240 UO R 14 C1U0 00 ¢ 3,525 00 S__�1 35000 _s - 2 280 01, s 1200 00 s 2 040 00 $
—� 5013-TOTAL FEES $ 37,71500
12%Markups and
5 3,316 20
! II 1 Tmbia corodination I
_- 0
anemenl _,0 0 s ° 0
Add,l,onal Sel—,
Anatys,s NIC
I�
Geowchn+cal NIC
Hazardous malenals NIC
Survey NIC
Lde C{cle 1-051 NIC
$ 2 500 00
Rornbursables 5 1,00000
I � 'TOTAL FEES s 46,531 20
Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6E
1. SUBJECT: DSHS GRANT AGREEMENT FOR SAFE HAVENS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the grant agreement
from the Washington Department of Social and Health Services for the amount of
$50,000 to fund Safe Havens services, and approve the expenditure of funds in
the Safe Havens budget, subject to final grant terms and conditions acceptable to
the City Attorney.
The State of Washington Department of Social and Health Services (DSHS) grant
funds will be used to support personnel costs that will provide services to low
income families at the Safe Havens Visitation and Exchange Center.
3. EXHIBITS: State of Washington DSHS Interlocal Agreement
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
DSHS Agreement Number
INTERLOCAL AGREEMENT 0864-31175
SAFE HAVENS VISITATION CENTER
This Agreement is by and between the State of Washington Department Program Contract Number
1501
of Social and Health Services DSHS and the Contractor identified Contractor
actor Contract Number
below, and is issued pursuant to the Interlocal Cooperation Act, chapter
39.34 RCW.
CONTRACTOR NAME CONTRACTOR doing business as(DBA)
City of Kent
CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER(UBI)
220 4th Ave South 22475
173-000-002
Kent, WA 98032-5895
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Katherin Johnson (253) 856-5073 Ext: (253)856-6070 k ohnson@ci kent wa us
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
Childrens Administration Program and Practice Improvement 2000LC-64
DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS
Maureen Kelly PO Box 45710
Program Manager
Olympia WA 98504
DSHS CONTACT TELEPHONE E36
CONTACT FAX DSHS CONTACT E-MAIL ADDRESS
360 902-7901 902-7903 kelm300@dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT'S CFDA NUMBER(S)
No
AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT
3/15/2008 6/3012008 $50.000 00
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
❑ Exhibits (specify):
® No Exhibits.
The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and merging all previous agreements, writings, and communications, oral
or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent
they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall
be binding on DSHS only upon signature by DSHS
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS Central Contract Services
6015LF Custom Interlocal Agreement(9-11-07) Page 1
DSHS General Terms and Conditions
1. Definitions. The words and phrases listed below, as used In this Contract, shall each have the
following definitions:
a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor
section or office.
b. "Confidential Information" means information that Is exempt from disclosure to the public or other
unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information
includes, but is not limited to, Personal Information.
c. "Contract" or"Agreement" means the entire written agreement between DSHS and the Contractor,
including any Exhibits, documents, or materials incorporated by reference.
d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or
successor section or office.
e. "Contractor' means the individual or entity performing services pursuant to this Contract and
Includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract For purposes of any permitted Subcontract, "Contractor"
includes any Subcontractor and its owners, members, officers, directors, partners, employees,
and/or agents.
f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business
entity from participating In transactions Involving certain federal funds.
g "DSHS" or the "Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents
h. "Encrypt" means to encipher or encode electronic data using software that generates a minimum
key length of 128 bits.
i. "Hardened Password" means a string of at least eight characters containing at least one alphabetic
character, at least one number and at least one special character such as an asterisk, ampersand
or exclamation point.
j. "Personal Information" means information identifiable to any person, including, but not limited to,
Information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver license numbers, other Identifying numbers, and any financial identifiers.
k. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
I. "Program Agreement" means an agreement between the Contractor and DSHS containing special
terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS
m. "RCW" means the Revised Code of Washington. All references In this Contract to RCW chapters or
sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http://apps.leg.wa.gov/rcw/. ,
n. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
DSHS Central Contract Services
6015LF Custom Interlocal Agreement(9-11-07) Page 2
DSHS General Terms and Conditions
o. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may Include buildings, rooms or locked
storage containers (such as a filing cabinet)within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
p "Subcontract' means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor
Is obligated to perform pursuant to this Contract.
q. "Tracking" means a record keeping system that Identifies when the sender begins delivery of
Confidential Information to the authorized and Intended recipient, and when the sender receives
confirmation of delivery from the authorized and Intended recipient of Confidential Information.
r. "Transport' means the movement of Confidential Information from one entity to another, or within an
entity, that (1) places the Confidential Information outside of a Secured Area or system (such as a
local area network) and (2) is accomplished other than via a Trusted System.
s. "Trusted Systems" include only the following methods of physical delivery- (1) hand-delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt, and (2) United States Postal Service ("USPS") delivery services that include Tracking, such
as Certified Mail, Express Mail or Registered Mail. Any other method of physical delivery will not be
deemed a Trusted System
t. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase or other mechanism, authenticates a user to an
information system.
u "WAC" means the Washington Administrative Code All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http.//apps.leg.wa gov/wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a DSHS shall pay the Contractor only for authorized services provided in accordance with this
Contract
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency of the state of Washington or any other
party for the same services.
5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
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6. Confidentiality.
a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's performance of the services contemplated hereunder, except
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person to whom the
Personal Information pertains.
b. The Contractor shall and maintain in i protect a n all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include restricting access to the
Confidential Information by:
(1) Encrypting electronic Confidential Information during Transport,
(2) Physically Securing and Tracking media containing Confidential Information during Transport;
(3) Limiting access to staff that have an authorized business requirement to view the Confidential
Information
(4) Using access lists, Unique User ID and Hardened Password authentication to protect
Confidential Information placed on computer systems;
(5) Physically Securing any computers, documents or other media containing the Confidential
Information; and
(6) Encrypting all Confidential Information that is stored on portable devices including but not limited
to laptop computers and flash memory devices. ii
c. Upon request by DSHS or at the end of the Contract term, the Contractor shall return the
Confidential Information or certify in writing that the Contractor employed a DSHS approved method
to destroy the information. Contractor may obtain information regarding approved destruction
methods from the DSHS contact identified on the cover page of this Contract.
In the event of a theft, loss, unauthorized disclosure, or other potential or known compromise of
Confidential Information, the Contractor shall notify DSHS within one (1) business day of the discovery
of the event. Contractor must also take actions to mitigate the risk of loss and comply with any
notification or other requirements imposed by law.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the '
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
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Court for Thurston County. In the event that an action is removed to U.S. District Court, venue shall be
in the Western District of Washington
9. Independent Contractor. The parties Intend that an independent contractor relationship will be created
by this Contract. The Contractor and his or her employees or agents performing under this Contract are
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located These inspection rights are intended to allow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.
11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit Is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
1
audit findings involving the records have been resolved.
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
Contract remains valid and in full force and effect.
14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive Surviving terms include, but are not limited to. Billing Limitations;
Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or
Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed
on such funding, DSHS may immediately terminate this Contract by providing written notice to the
Contractor. The termination shall be effective on the date specified in the termination notice.
16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
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Additional General Terms and Conditions — Interlocal Agreements:
17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall
appoint one member to the Dispute Board. The members so appointed shall jointly appoint an
additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms,
and applicable statutes and rules and make a determination of the dispute. As an alternative to this
process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process shall control. Participation in either dispute process shall precede
any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties.
18. Hold Harmless
a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability,
damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance
or failure to perform this Agreement, or the acts or omissions of the Contractor or any
Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all
claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to
perform this Agreement.
b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this
Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA,
Section 101. This material includes, but is not limited to: books, computer programs; documents, films;
pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials Material
which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned
by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use
this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be
limited to the extent which the Contractor has a right to grant such a license.
20. Subrecipients.
a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, name of the federal agency, and name of the
pass-through entity,
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs,
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
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(4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor
and Its Subcontractors who are subrecipients,
(5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement
Circular or regulation,
(6) Comply with the applicable requirements of OMB Circular A-87 and any future amendments to
OMB Circular A-87, and any successor or replacement Circular or regulation; and
(7) Comply with the Omnibus Crime Control and Safe streets Act of 1968,Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www olp usdoLgov/ocr/for
additional information and access to the aforementioned Federal laws and regulations )
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single audit or a program-specific audit for that fiscal year Upon completion of each audit, the
Contractor shall-
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
OMB Circular A-133, reports required by the program-specific audit guide (if applicable), and a
copy of any management letters issued by the auditor,
(2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular
A-133, prepare a "Summary Schedule of Prior Audit Findings."
c Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with OMB Circular A-87.
21. Termination.
a. Default. if for any cause, either party fails to fulfill its obligations under this Agreement in a timely
and proper manner, or if either party violates any of the terms and conditions contained in this
Agreement, then the aggrieved party will give the other party written notice of such failure or
violation. The responsible party will be given 15 working days to correct the violation or failure If
the failure or violation is not corrected, this Agreement may be terminated immediately by written
notice from the aggrieved party to the other party.
b Convenience Either party may terminate this Interlocal Agreement for any other reason by
providing 30 calendar days' written notice to the other party.
c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall
only pay for performance rendered or costs incurred in accordance with the terms of this Agreement
and prior to the effective date of termination.
22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client's personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's
property The Contractor shall provide clients under age eighteen (18)with reasonable access to their
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DSHS General Terms and Conditions
personal property that is appropriate to the client's age, development, and needs. Upon termination of
the Contract, the Contractor shall immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
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i
Special Terms and Conditions
1. Definitions Specific to Special Terms The words and phrases listed below, as used in this Contract,
shall each have the following definitions,
a "Agreement" means this Interlocal Agreement, including all documents attached or incorporated by
reference.
b. "CA" means Children's Administration and its employees and authorized agents.
c. "Safe Havens Visitation Center" is a supervised visitation and safe exchange center for families
Impacted by domestic violence, sexual assault, child abuse, and stalking
2. Intent of Service
The mission of the Safe Havens Visitation Center is to provide a culturally sensitive, safe and
accessible supervised visitation and exchange program to families affected by Intimate partner violence
and abuse All policies and procedures of the Safe Havens Visitation Center have been designed to
increase safety for the victim and child and decrease opportunities for continued abuse.
3. Purpose
The purpose of this Agreement is to provide one-time funding to the City of Kent, as authorized by the
budget proviso for FY08, for supervised visitation and safe exchange services to be provided by the
Safe Havens Visitation Center in Kent to families impacted by domestic violence, sexual assault, child
abuse, and stalking.
4. Statement of Work
The city of Kent as Contractor shall provide services under this Agreement as follows:
a. The Contractor shall ensure that funds payable under this Agreement will be used to provide
supervised visitation and safe exchange services for families impacted by domestic violence, sexual
assault, child abuse, and stalking. Funds shall not be used by the city of Kent for policy
development and outreach.
b. The Contractor shall provide such services to families through the Safe Havens Visitation Center in
Kent.
c Through the Safe Havens Visitation Center, the Contractor shall provide such services to 8 families
during the contract period, with approximately 48 hours of services for each family.
Services shall include.
(1) Intake of relevant family history and other information for services (approximately 1.5 hours per
family);
(2) Child Orientations (approximately .5 hours per family);
(3) Supervised visits and/or exchanges (visits are generally 1 hour per week with an additional .75
hours pre/post wait/debrief time and exchanges use .5 hours per occurrence);
(4) Regular case consults and related documentation (average of approximately .5-.75 hours per
week, per case).
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All services listed above shall be performed by a trained supervised visitation monitor and/or the t
visitation center program supervisor employed by the City of Kent.
d. Reports. The Contractor shall provide a final progress report regarding the above activities to the
DSHS Contact listed on page 1 of this Agreement. The report shall be completed and submitted to
DSHS using a form as prescribed by DSHS to be provided following execution of this Agreement.
The report shall be submitted within two weeks of the termination of the contract
5. Consideration
The Maximum amount of total compensation payable to the Contractor for satisfactory performance of
the work under this Agreement is the amount of$50,000 as state on page 1 of this Agreement under
"Maximum Agreement Amount".
6. Billing and Payment
a. Invoice System. The Contractor shall submit at least quarterly, and not more often than monthly,
invoices for services performed as described in this Agreement on State of Washington Invoice
Voucher forms (Form A-19), prepared in the manner prescribed by DSHS.
b. The voucher shall clearly Indicate that is if"FOR SERVICES RENDERED IN PERFORMANCE
UNDER DSHS AGREEMENT NO.0864-31175 FOR THE MONTH(S) OF , 2008".
c The A-19 invoice vouchers shall be submitted to.
Maureen Kelly, Program Manager
Children's Administration
PO Box 45710
Olympia, WA 98504-5710
d. The Contractor shall contact the above Program Manager at (360) 902-7901 concerning billing
questions.
e. DSHS may withhold payment to the Contractor if reports required under this Agreement are not
submitted within 10 working days of the due date, or are Incomplete.
f. DSHS may, at its sole discretion, withhold payment claimed by the Contractor for services rendered
if Contractor fails to satisfactorily comply with any term or condition of the Agreement.
g. Claims for payment must be received by DSHS no later than sixty (60) days from the date services
were rendered.
h. DSHS shall make payment within thirty (30) days of receipt of a properly completed invoice for '
services
7. Payment Only for Authorized Services
DSHS shall pay the Contractor only for authorized services provided in accordance with this
Agreement. If this Agreement is terminated for any reason, DSHS shall pay only for services authorized
and provided through the date of termination.
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8. Funding Stipulations
a. Duplicate Billing. The Contractor must not bill other funding sources for services rendered under
this Agreement which would result In duplicate billing to different funding sources for the same
service Furthermore, the Contractor shall ensure that no subcontractor bills any other funding
sources for services rendered under this Agreement, which would result In duplicate bllling to different
funding sources for the same service.
b. No Federal Match. The Contractor shall not use funds payable under this Agreement as match
toward federal funds without the prior written permission of DSHS.
c. Supplanting The Contractor shall use these funds to supplement, not supplant the amount of federal,
state and local funds otherwise expended for services provided under this Agreement.
9. Recovery of Fees for Noncompliance
In the event the Contractor bills for services provided and Is paid fees for services that DSHS later finds
were either(a) not delivered or(b) not delivered In accordance with applicable standards or the
requirements of this Agreement, DSHS shall have the right to recover the fees for those services from
the Contractor and the Contractor shall fully cooperate during the recovery process.
10. Prohibition of Use of Funds for Lobbying Activities
The Contractor shall not use funds payable under the Agreement for lobbying activities of any nature.
The Contractor certifies that no state or federal funds payable under this Agreement shall be paid to
any person or organization to Influence, or attempt to Influence, either directly or Indirectly, an officer or
employee of any state or federal agency, or an officer or member of any state or federal legislative body
or committee, regarding the award, amendment, modification, extension, or renewal of a state or
federal contract or grant
Any act by the Contractor In violation of this prohibition shall be grounds for termination of this
Agreement, at the sole discretion of DSHS, and shall subject Contractor to such monetary and other
penalties as may be provided by law
11. Administrative Records
The Contractor shall retain all fiscal records that substantiate all costs charged to DSHS under this
Agreement
12. Auditing and Monitoring
IDSHS may schedule monitoring visits with the Contractor to evaluate performance of services. The
Contractor shall provide at no further cost to DSHS reasonable access to all services related records
and materials, including financial records In support of billings, and records of staff time
13. Insurance
For purposes of this Agreement: Each Party to this Agreement certifies that it Is self-insured under the
state of Washington self-insurance liability program, as provided by RCW 4.92 130, and shall pay for
losses for which It Is found liable.
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Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6F
1. SUBJECT: 2007 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) -
AUTHORIZE
2. SUMMARY STATEMENT: Approve the 2007 Consolidated Annual
Performance and Evaluation Report and authorize the Mayor to submit the report
to the U.S. Department of Housing & Urban Development.
The 2007 CAPER for the City of Kent is a report to the U.S. Department of
Housing and Urban Development (HUD) on the City's activities and
accomplishments using Community Development Block Grants (CDBG) and other
funds. The report is required by HUD annually and must be submitted by March
31st of each year. The report includes information on how CDBG funds were used
to further the goals and strategies of the Consolidated Plan, as well as other
activities executed by the City.
i
3. EXHIBITS: 2007 Consolidated Annual Performance and Evaluation Report
(CAPER)
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
CONSOLIDATED
ANNUAL
PERFORMANCE AND
EVALUATION
REPORT
2007
Submitted to:
US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
Office of Community Planning and Development
Seattle Federal Office Building
909 First Avenue, Suite 300
Seattle, WA 98104-1000
Prepared by:
CITY OF KENT
Parks, Recreation & Community Services Department
Housing and Human Services Division
220 Fourth Avenue South
Kent, WA 98032
City of Kent 2007 CAPER
1
CITY OF KENT
Suzette Cooke, Mayor
John Hodgson, Chief Administrative Officer
Jeff Watling, Parks, Recreation & Community Services Director
Katherin Johnson, Housing & Human Services Manager
CITY COUNCIL
Debbie Raplee, Council President
Elizabeth Albertson
Tim Clark
Ron Harmon
Bob O'Brien
Deborah Ranniger
Les Thomas
HUMAN SERVICES COMMISSION
Cathy Peters, Chair
Elizabeth Albertson, City Council Member
Roda Barket
Jon Botton
Dini Duclos
Brett Hollis
Tamara Sleeman
Maya Vengadasalam _
Wilbur Vincent
LEAD STAFF
Dinah R. Wilson, CDBG Coordinator
CITY OF KENT 2007 CAPER -2-
TABLE OF CONTENTS
Section Title Page
I. Executive Summary
II. General Narrative
A. Assessment of Goals and Strategies
1. Housing and Homeless Strategies
2. Economic Development and Employment
Strategies
3. Livable Communities Strategies
B. Affirmatively Further Fair Housing: What Activities
Were Taken
C. Evaluation of Affordable Housing Objectives
D. Continuum of Care
E. Leveraging Resources
F. Citizen Comments
G. Lead-Based Paint Compliance
H. Sub-recipient Monitoring and Training
I. Self-Evaluation
J. Consolidated Plan Update
III. CDBG Program Narrative
A. 2007 CDBG Projects
B. Relationship Assessment: Consolidated Plan Priorities,
National Objective and One Year Action Plan
C. Program Objective Changes
D. Efforts Assessment: One Year Action Plan
E. Explanation Regarding Activities Involving Acquisition,
Rehabilitation, or Demolition of Occupied Real Property
F. Economic Development Activities Where Jobs Were Not
Taken By Low/Moderate-Income Persons
G. Report Regarding Loan Repayments
IV. Conclusion
CITY OF KENT 2007 CAPER -3-
I. EXECUTIVE SUMMARY
As a prerequisite for receiving Community Development Block Grant (CDBG)
funding, the City of Kent (hereinafter referred to as the City) developed a
Five-Year Consolidated Plan for the period of 2003 — 2007. Each year the
City executes specific actions to implement the Goals and Strategies of the
Consolidated Plan; actions are outlined in the Annual Action Plan. The
purpose of this report, which is called the Consolidated Annual Performance
and Evaluation Report (CAPER), is to inform the U.S. Department of Housing
and Urban Development (HUD) and the community of the activities and
accomplishments derived from the investment of CDBG and other resources
for the 2007 program year, which covers the period January 1, 2007 to
December 31, 2007.
In 2007, HUD allocated $803,863 in CDBG funds to the City. (An additional
$698,565 in funds allocated from the City`s General Fund budget was used in
conjunction with CDBG funds to provide for a wide range of human services _
and affordable housing needs.) The City successfully executed the activities
outlined in the 2007 Action Plan by investing its CDBG funds in the following
activities: public services, rehabilitation, acquisition, micro-enterprise
assistance, and human services planning and administration. Because the
City is cognizant that collaboration allows for visionary planning and
comprehensive development of services that respond to the needs of City _
residents and the regional community, staff worked closely with regional
municipalities, King County, state government, United Way of King County,
and other non-profit organizations to build a strong community safety net.
GOALS AND STRATEGIES
The City focused upon the following goals and strategies in 2007:
Housing and Homeless Strategies
Goal H1: Expand Homeownership Opportunities Throughout the Community
for All Income Groups.
+ Strategy H1.A: Continue to assist homeowners to resolve health and safety
problems and maintain their housing through the CDBG funded Home Repair
Program. ,
Goal H2: Expand the Range of Affordable Housing Choices Available to Meet
the Needs of Both Current Kent Residents and Residents Projected in Growth ,
Estimates.
+ Strategy H2.A: Maintain the existing stock of affordable housing.
♦ Strategy H2.C: Promote a diversity of housing types affordable to a range
of income levels and cultural/ethnic diversity.
CITY OF KENT 2007 CAPER -4-
Goal H3: Provide Stable, Service-enriched Housing Choices Available to Meet
the Needs of Both Current Kent Residents and Residents Projected in Growth
Estimates.
♦ Strategy H3.A: Actively support regional and sub-regional efforts to provide
a continuum of housing and services for the homeless. Assure that the
interests of South King County are included in the countywide process to end
homelessness.
♦ Strategy H3.B: Provide enhanced case management and stabilization
services linked to transitional housing services for homeless persons.
♦ Strategy H3.C: Increase housing stabilization for those who are homeless
or at risk of becoming homeless.
Economic Development and Employment Strategies
Goal El: Improve the Potential for Kent Residents to Obtain and Retain
Livable Wage Jobs.
♦ Strategy E1.A: Support multi-dimensional approaches linking services to
jobs to improve the ability of people to obtain, progress in, and retain living
wage jobs.
♦ Strategy E1.C: Make jobs accessible to all Kent residents.
Goal E2: Increase Opportunities for Business to Develop and Expand in Kent,
with Particular Focus on Small Businesses and Micro-enterprises.
♦ Strategy E2.B: Develop incentives and supports for small businesses.
♦ Strategy E2.D: Support real estate development and redevelopment
projects through Section 108 Loan Guarantees and CDBG Float Loans that
will benefit low/moderate-income persons or provide housing for
low/moderate-income persons.
Livable Communities Strategies
Goal Cl: Address Issues of Inclusion and Integration.
♦ Strategy C1.A: Increase inclusion of immigrants and refugees and people of
color in the life of the Kent community.
Goal C2: Create a Community that Supports Healthy Individuals and
Families.
♦ Strategy C2.A: Build neighborhood centers/local access to services.
♦ Strategy C2.B: Create a community that supports healthy families.
FUNDING DECISIONS
The City's ten-member Human Services Commission, a citizen's advisory
body to the City Council, reviews the human service issues of the Kent
community on an ongoing basis and recommends funding allocations based
on the current needs. In 2007, the City funded four (4) capital projects and
six (6) public services projects. The reminder of the City CDBG allocation
was applied to Planning and Administration (P & A) activities. Examples of P
& A activities include staff support to the Systems Navigation and Access
Project and education and outreach to affirmatively further fair housing.
CITY OF KENT 2007 CAPER .5.
The following is a list of 2007 funded projects:
2007 CDBG PROJECTS
PROJECT NAME ACTIVITY CDBG
ALLOCATION
Alliance Center: One- Acquisition: Funds used to acquire the $72,511
Stop Human Services property and the facility to provide a central
Facility location for a one-stop service center to
meet the human services needs of the
low/moderate-income community.
City of Kent: Home Rehabilitation: Funds used to rehabilitate $400,000
Repair Program housing that is owned and occupied by
low/moderate-income families residing in
the City of Kent.
City of Kent: Planning P & A: Funds used to administer the City of $160,773
& Administration Kent CDBG projects and engage in planning
activities.
Community Heath Public Services: Funds used to provide $ 10,000
Centers of King primary care and nursing services to -
County: Healthcare homeless adults and children who reside in
I for the Homeless transitional shelters-services also available
at the Kent Community Health Center.
Community Heath Public Services: Funds used to provide $26,000
Centers of King medical services to Kent patients.
County: Medical
Services
Green River Micro-enterprise: Funds used to help $25,000
Community College: low/moderate-income persons develop or
Micro-enterprise expand a micro-enterprise business by
Development providing business counseling or technical ;
assistance.
Hospitality House: Public Services: Funds used to provide $ 10,000
Women's Shelter shelter and case management services to
homeless women who formerly resided in
Kent.
Multi-Service Center: Public Services: Funds used to provide $ 37,579
Housing Stability housing stability grants which are used to
prevent eviction and/or assist low-income
individuals with move-in costs.
Valley Cities Public Services: Funds used to provide $ 17,000
1 Counseling & outreach and case management to
Consultation: homeless individuals in the City of Kent.
Homeless Outreach
Washington CASH: Micro-enterprise: Funds used to provide $ 25,000 -
Kent Micro-enterprise I business training and business development
CITY OF KENT 2007 CAPER -6-
iInitiative services to low/moderate-income women,
people with disabilities and other under-
served individuals.
YWCA: Transitional Public Services: Funds used to provide $20,000
Housing transitional shelter and case management
services to domestic violence survivors.
TOTAL: $803,863
II. GENERAL NARRATIVE
A. ASSESSMENT OF GOALS AND STRATEGIES
Housing and Homeless Strategies
Goal H1: Expand Homeownership Opportunities Throughout the Community
for All Income Groups.
Strategy H1.A: Continue to assist homeowners to resolve health and safety
problems and maintain their housing through the CDBG funded Home Repair
Program.
The following initiatives were instrumental in helping the City execute
Strategy H1.A:
The City distributed Lead-Based Paint informational materials to residents
served by the Home Repair Program and used the Lead-Safe Housing Rule
Checklist for General Compliance Documentation as a guide to ensure
compliance with lead-based paint rules.
Home Repair Program staff distributed English and Spanish versions of the
Healthy Home Informational booklets to Kent households. The booklet
provides tips on how to create and maintain a healthy and safe home.
The City allocated $10,000 in funds to the City of Kent Fire Department in
2006 to support costs for the installation of handicap accessibility items in
the homes of low/moderate-income Kent residents. Because this grant was
for a two-year period, the work continued in 2007. The installation of
handicap accessibility items allowed seniors and disabled residents to stay in
their homes and remain self-sufficient.
Goal H2: Expand the Range of Affordable Housing Choices Available to Meet
the Needs of Both Current Kent Residents and Residents Projected in Growth
Estimates.
Strategy H2.A: Maintain the existing stock of affordable housing.
The following actions were taken to maintain the existing stock of affordable
housing:
CITY OF KENT 2007 CAPER -7-
The City allocated $400,000 in CDBG funds to the Home Repair Program to _
provide rehabilitation assistance and health and safety repairs to 98
low/moderate-income households in 2007.
Home Repair Program staff distributed Home Repair informational packets at
Resource Fairs that were held throughout the City.
The City worked regionally to improve home repair policies by attending
meetings, participating on committees, and sharing policies and procedures
with regional Home Repair Programs.
Strategy H2.C: Promote a diversity of housing types affordable to a range of _
income levels and cultural/ethnic diversity.
The following action was taken to further Strategy H2.C:
The City changed residential development standards to provide for rounding
of maximum allowable density calculations, provide for mixed housing types
in single family zones (25% of dwelling units in subdivisions may be duplex
or triplex), and for reduced minimum lot sizes (3,000 square feet).
Evaluating the provision for additional areas of mixed use will be addressed
under the second phase of the City`s zoning code update related to
commercial development.
Goal H3: Provide Stable, Service-enriched Housing for Homeless Persons and
Persons with Special Needs.
Strategy H3.A: Actively support regional and sub-regional efforts to provide a
coordinated continuum of housing and services for the homeless. Assure
that the interests of South King County are included in the countywide
process to end homelessness.
The following actions were executed to support countywide continuum of _
care efforts and to assure that the interests of South King County were
included in the goal to end homelessness:
South King County (SKC) service providers, representatives of local
government, and funders developed the South King County Plan to End
Homelessness: A Call for Action. The SKC Plan includes strategies designed
to address the unique issues creating homelessness in SKC and is guided by
the King County Plan to End Homelessness. ,
Staff facilitated the South King County Forum on Homelessness (SKCFH).
The SKCFH is an organization supported by SKC service providers which
promotes networking and the coordination of activities to end homelessness. '
Staff supported Safe Harbors (a homeless management information system).
Staff participated in the 2163 application review, which was administered by
King County. Funding for 2163 was created through a bill (House Bill 2163)
which allows the collection of a document recording fee to be used to end
homelessness in Washington State.
CITY OF KENT 2007 CAPER 8
Staff participated in the countywide Housing Funders' Group. This group
meets to discuss new projects or funding sources that are available for
+� homeless services within King County. The group also works to coordinate
funding initiatives.
Staff participated on several committees and supported the Committee to
End Homelessness in King County, which is a ten-year regional effort to
significantly reduce homelessness.
Staff participated on the United Way of King County Domestic
Violence/Sexual Assault Impact Council grant review team. The Impact
Council makes funding recommendations to United Way for programs that
provide domestic violence/sexual assault services throughout King County.
Two (2) Kent-based agencies, DAWN, a domestic violence shelter located in
Kent, and Kent Youth and Family Services, receive UWKC funding.
Staff participated on the Kent Domestic Violence Task Force.
Strategy H3.B: Provide enhanced case management and stabilization
services linked to transitional housing services for homeless persons.
The following actions were taken to provide enhanced case management and
stabilization services linked to transitional housing services for homeless
persons:
The City provided $10,000 in CDBG funds to Hospitality House to support a
shelter for homeless women and link them to securing permanent or
transitional housing.
The City provided $17,000 in CDBG funds to Valley Cities Counseling and
Consultation to provide outreach and case management services to homeless
individuals.
The City provided $10,000 in CDBG funds to Community Health Centers of
+� King County for the Healthcare for the Homeless Project. The Project
provides primary care and nursing services to homeless families and
individuals living in shelters and transitional housing.
The City provided $20,000 in fund to YWCA to provided transitional shelter
and case management services to domestic violence survivors residing in the
Anita Vista facility.
Strategy H3.C: Increase housing stabilization for those who are homeless or
at risk of becoming homeless.
The following actions promoted this strategy:
The City provided $37,579 in CDBG funds to the Multi-Service Center
Housing Stability Project to provide housing stability grants to low-income
homeless individuals to prevent eviction or to assist with move-in costs.
The City continued to actively enforce code provisions requiring mobile home
park owners to submit a relocation report and plan to the Human Services
Division prior to issuing eviction notices to tenants who must relocate due to
closure, change of use, or a zoning re-designation.
CITY OF KENT 2007 CAPER •9-
Economic Development and Employment Strategies _
Goal El: Improve the Potential for Kent Residents to Obtain and Retain
Livable Wage Jobs. -
Strategy ElA Support multi-dimensional approaches linking services to jobs
to improve the ability of people to obtain, progress in, and retain living wage
jobs.
The following action was taken to improve employment opportunities: _
The City joined the Chamber in launching the start up of the Center for
Advanced Manufacturing Puget Sound (CAMPS). The Vision of the Center is _
to focus on innovation and business development activities among area ,
manufacturers and to allow them to retain and add jobs in an increasingly
competitive global manufacturing marketplace. These activities will include
partnering with other agencies to support manufacturers' need to find and
train qualified workers.
The Kent Chamber created a nonprofit service corporation for CAMPS, along
with a Board of Directors which includes the City of Kent as a board
member. The CAMPS Board hired an Executive Director who began work at _
the end of 2007. Thus far, the Executive Director has worked on Board
recruitment, developed and implemented programs, and created strategic
relationships with other service providers to serve the needs of
manufacturers in Kent and the Puget Sound.
Strategy E1.C: Make jobs accessible to all Kent residents.
The following contributed to job accessibility:
Low/moderate-income Kent residents received equal access to jobs created
through the development of the Kent Station project.
Goal E2: Increase Opportunities for Business to Develop and Expand in Kent,
with Particular Focus on Small Businesses and Micro-enterprises.
Strategy E2.B: Develop incentives and supports for small businesses.
The City executed the following initiatives:
Through the City of Kent Mayor's Office, provided $12,000 in General Funds
to Green River Community College Small Business Assistance Center to
provide one-on-one counseling and small business classes to Kent residents.
Partnered with Ameritrust Certified Development Corporation (CDC) (a non-
profit certified by the Small Business Administration to make 504 loans) by
writing two Community Benefit letters for businesses seeking loans to
CITY OF KENT 2007 CAPER -10-
purchase their own real estate in Kent. One business makes food and
pharmacology-grade chemicals and the other business is a printing company.
Partnered with Evergreen Community Development Corporation (a non-profit
certified by the Small Business Administration to make 504 loans) by writing
a Community Benefit letter to support a loan for a newly constructed budding
in Kent that will serve as a 14-employee mechanical business.
Allocated $25,000 in CDBG funds to Washington CASH to provide business
training and business development services for low-income women, people
with disabilities and other under-served individuals to develop new micro-
enterprise businesses.
Allocated $13,000 in General Funds to Child Care Resources to provide child
care vouchers to low/moderate-income families.
Allocated $7,500 in General Funds to Jewish Family Services to provide job
readiness training, job placement, and retention services for low-income
refugee or immigrant residents of Kent with limited English language skills.
Allocated $35,000 in General Funds to Washington Women's Employment
and Education (WWEE) to provide computer training and a job readiness
class to low-income Kent residents.
Strategy E2.D: Support real estate development and redevelopment projects
through Section 108 loan Guarantees and CDBG Float Loans that will benefit
low/moderate-income persons or provide housing for low/moderate-income
persons.
The City executed the following actions:
Partnered with La Plaza Development, Lowe's, Fred Meyer, and Seattle Public
Utilities (SPU) to redevelop several under-used commercial properties along
the Pacific Highway corridor to help revitalize Kent's West Hill. As a result,
La Plaza Development began to revitalize an old strip mail into a Latin
American themed shopping center.
Additional retail development around the Lowe's site, included the opening of
a new Fred Meyer superstore that will anchor additional restaurant and retail
development on the same site. SPU will seek to remove from the Superfund
National Priorities List portions of a former municipal dump site that are
cleaned up and ready for redevelopment.
Recruited an aluminum boat building company to redevelop a closed factory
that is located in the City. The company will create seventy (70) permanent
welding jobs for the next ten (10) years. A partnership between the
company and local community colleges was created to expand training
programs for these jobs; the jobs will be accessible to low/moderate-income
job seekers.
3. Livable Communities Strategies
iGoal Cl: Address Issues of Inclusion and Integration
CITY OF KENT 2007 CAPER -11-
StrategyC1.A: Increase inclusion of immigrants and refugees and people of
9 9 p P
color in the life of the Kent community.
The City P 9 implemented the following:
Staff worked with South King County funders, representatives of local
government, and regional service providers to develop the Systems
Navigator & Access Project of South King County. The project received a
Venture Grant from United Way of King County to fund a pilot project to '
increase access to language appropriate culturally competent services for
immigrant and refugees.
Staff continued to provide technical support to organizations that serve the
immigrant/refugee community.
Staff convened a meeting with local non-profit representatives to help an _
organization locate office space to provide assistance to the ,
immigrant/refugee community.
Expanded asset building, cultural enhancement, and educational support and
community connection activities by continuing to support People of Color in
Philanthropy, a countrywide organization that promotes racial equity and
social justice for communities of color through philanthropy.
Goal C2: Create a Community that Supports Healthy Individuals and
Families.
Strategy C2.A: Build neighborhood centers/local access to services. '
The following action supported this strategy:
Provided $72,511 in CDBG funds to the Alliance Center to support the
acquisition of a facility to provide a one-stop service center to meet the
human services needs of the low/moderate-income community.
Strategy C2.B: Create a community that supports healthy families.
The following actions were implemented in 2007:
Provided $26,000 in CDBG funds to Community Health Centers of King
County to provide primary medical services to low/moderate-income
individuals.
Provided $10,000 in CDBG funds to Community Health Centers of King
County to provide nursing services to homeless individuals who reside in
Kent-area transitional and domestic violence shelters.
Continued to manage the Safe Havens Visitation Center for family violence
victims.
B. AFFIRMATIVELY FURTHER FAIR HOUSING: WHAT ACTIVITIES WERE
TAKEN
CITY OF KENT 2007 CAPER -12-
The City continues to monitor compliance with the Fair Housing Act and to
respond appropriately to alleged violations; complaints are referred to the
Washington State Human Rights Commission for resolution.
In 2004, the City hired a consultant to complete its first Analysis of
Impediments to Fair Housing Choice (AI) as a direct entitlement City. The
Fair Housing Consultant identified three impediments and made two
recommendations which fall under the City's authority. The two
recommendations were:
Expand current education and outreach efforts; and
Target homeownership and lending marketing to African American and
Hispanic households.
The following actions were taken to implement the Fair Housing Consultant's
recommendations and to affirmatively further fair housing:
The City provided access to a Fair Housing pamphlet entitled Fair Housing -
It's Your Right via its website.
Staff distributed fair housing informational materials at City-sponsored crime
prevention training and resource fairs.
Staff researched and consulted with regional partners about creating a down
payment assistance programs for low/moderate-income families who need
assistance purchasing homes.
C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES
As noted in the 2003 - 2007 City of Kent Consolidated Plan, the City of
Kent's comprehensive plan is consistent with the Countywide Planning
Policies that include guidelines to support housing affordability.
The Countywide Planning Policies require that all jurisdictions "provide for a
diversity of housing types to meet a variety of needs and provide for housing
opportunities for all economic segments of the population." The policies
further call on all jurisdictions to participate in an equitable distribution of
low-income and affordable housing throughout the County.
The City adopted a range of strategies to encourage affordable housing and
to remove barriers to affordable housing development. This report highlights
the following strategies:
Maintaining the existing stock of affordable housing;
Increasing housing stabilization for those who are at risk of becoming
homeless; and
New funds for affordable housing
Maintaining Existing Stock of Affordable Housing
Home Repair Program
The City of Kent has an existing stock of smaller, older, and more affordable
homes. Most are located adjacent to the downtown core. The City preserved
this housing through the Home Repair Program and other investments. In
CITY OF KENT 2007 CAPER -13-
addition to preserving housing, the City's investment averted the expenditure
of new development costs on the same location.
Fall Prevention Program
The City of Kent had a significant number of senior and disabled residents
who were at risk of losing the independence of remaining in their homes
without the installation of fall prevention devices such as grab bars, transfer
benches, elevated toilet seats, bed handles, etc. To address this, the City
provided a two-year $10,000 CDBG grant to the Fall Prevention Program;
2007 was the second year of the City's investment. The Program was
hugely successful and residents who were assisted felt safer and more self-
sufficient.
Units Preserved Through City of Kent Home Repair Program and City of Kent
Fire Department Fall Prevention: Rehabilitation Assistance
City of Kent: Home Repair Program City of Kent Fire Department: Fall
New Households Assisted: 98 Prevention
New Households Assisted: 44
Outcome/Objective: Enhance Outcome/Objective: Enhance
accessibility to decent housing by accessibility to decent housing by
providing rehabilitation assistance installing handicap accessibility items
and health and safety repairs to 98 in 44 low/moderate-income Kent
low/moderate-income Kent households.
households.
CITY OF KENT 2007 CAPER .14.
TABLE 3B: ANNUAL HOUSING COMPLETION GOALS
Resources used during 2007
Annual Actual CDBG HOME ESG HOPWA
Expected Number
Number Completed
Completed
ANNUAL
AFFORDABLE
HOUSING GOALS
SEC. 215
Homeless 17 24 X ❑ ❑ ❑
Households
Non-homeless ❑ ❑ ❑ ❑
households
Special Needs ❑ ❑ ❑ ❑
Households
ANNUAL
AFFORDABLE
RENTAL
HOUSING GOALS
SEC. 215
Acquisition of ❑ ❑ ❑
existing units
Production of ❑ ❑ ❑
new units
Rehabilitation of ❑ ❑ ❑ ❑
existing units
Rental Assistance ❑ ❑ ❑
Total Sec. 215 ❑ ❑ ❑ ❑
Affordable Rental
ANNUAL
AFFORDABLE
OWNER 4
HOUSING GOALS i
SEC. 215
Acquisition of ❑ ❑
existing units
Production of ❑ ❑
new units
Rehabilitation of 80 98 X
existing units
Homebuyer ❑ ❑ ❑
Assistance
Total Sec. 215 ❑ ❑ ❑ ❑ l
Affordable Owner
ANNUAL
CITY OF KENT 2007 CAPER -15-
AFFORDABLE
HOUSING GOALS
SEC. 215
Acquisition of ❑ ❑ ❑
existing units
Production of ❑ ❑ ❑
new units
Rehabilitation of ❑ ❑ ❑ ❑
existin units
Homebuyer ❑ ❑ ❑
Assistance
Total Sec. 215 ❑ ❑ ❑ ❑
Affordable
Housing
ANNUAL
HOUSING GOALS
Annual Rental ❑ ❑ ❑ ❑
Housing Goal
Annual Owner ❑ ❑ ❑ ❑
Housi .q Goal
Total Annual 97 122 X ❑ ❑ ❑
Housin Goal
1
1
i
CITY OF KENT 2007 CAPER -16-
Increasing Housing Stabilization for Those Who are Homeless or at Risk of
Becoming Homeless
Multi-Service Center Housing Stability Program
The City of Kent has an increasing number of residents who experience
financial emergencies that place them at risk for eviction or who lack the
funds to pay for move-in costs. Through the Housing Stability Program,
residents secure the funds to remain in housing or to pay a security deposit
and other costs to lease a home.
Housing Stability Provided to Individuals Who Were Homeless or at Risk of
Becoming Homeless
2006 2007
Persons Assisted: 114 Persons Assisted: 115
2007 Outcome/Objective _
Multi-Service Center Housing Stability Address the need to sustain a
Program suitable living environment and
prevent homelessness by providing
housing stability grants to 115
low/moderate-income individuals.
New Funds for Affordable Housing - 2007
Affordable Housing for All (House Bill 1359)
Washington State Legislature passed a bill levying a $10 on document
recordings to generate revenue for local governments to provide shelter for
low-income households.
Independent Youth Housing Program (House Bill 1922)
Washington State Legislature passed a bill to provide housing stipends and
case management services to young adults aging out of foster care.
House Bill 6157
Washington State Legislature passed a bill to provide supportive housing and
other services to help offenders who are released from prison to successfully
transition back into the community.
D. CONTINUUM OF CARE
The City of Kent participates regionally with the Seattle/King County
Continuum of Care for the application and distribution of HUD funds for
homeless programs through McKinney funds, Emergency Shelter Grant (ESG)
CITY OF KENT 2007 CAPER -17-
n d In addition to regional participation, the City takes action
and HOME funds. g p p y
on its own to support a continuum of services for homeless individuals.
In 2007, the City supported a number of programs that provided assistance
to homeless persons and persons requiring supportive housing. Support for
these programs came from a combination of City General Fund and CDBG
resources. Included were:
Catholic Community Services Housing for Men - emergency shelter for
homeless men
City of Kent Housing & Human Services Division - resource & referral
services, including bus tickets, and client advocacy/referrals
Community Health Centers of King County Healthcare for the Homeless -
nursing services to homeless individuals residing in transitional and domestic
violence shelters located in the Kent area
Consejo - services to Latino victims of domestic violence and their children
living in Kent, including community and legal advocacy, emergency
assistance, women's support groups, and access to housing
DAWN Domestic Violence Shelter Program - confidential emergency shelter
for victims of domestic violence and their children
Hospitality House - emergency shelter for homeless, single women
Home Repair Program - grants for health and safety-related repairs for
low/moderate-income homeowners
Kent Food Bank - emergency financial assistance and food bags
Kent Youth and Family Services Watson Manor - transitional housing for
parenting teens
King County Sexual Assault & Resource Center - services provided to sexual i
assault survivors
Multi-service Center Emergency Assistance - emergency assistance to low-
income Kent individuals and families
Multi-service Center Emergency Vouchers Program - overnight emergency
shelter for homeless persons who come into contact with Police, Fire and the
Human Services Division after-hours and during severe weather
Multi-service Center Housing - emergency and transitional housing for
women and families
Multi-service Center Housing Stability - grants to prevent eviction or to assist
with move-in costs
Valley Cities Counseling & Consultation - case management services for
homeless individuals
Valley Cities Counseling & Consultation - MH/CD outreach and case
management to Kent area homeless men
YWCA - transitional shelter and case management services for domestic l
violence survivors
The City also provided services to persons with disabilities at the Kent
Resource Center and escorted transportation services for seniors living
independently in the community.
i
CITY OF KENT 2007 CAPER -18-
E. LEVERAGING RESOURCES
In 2007, CDBG funds were used in conjunction with $698,565 in local funds
to address human services needs. Community agencies report that for every
$1 provided by the City of Kent, another $7 is leveraged. Community
agencies receive the balance of their funding from other federal agencies, the
State of Washington, King County, local municipalities, United Way and other
charitable giving campaigns, foundations, private donations and fundraising.
Funding reductions at federal, state, and local levels continue to impact the
' stability of the human services system.
F. CITIZEN COMMENTS
Citizens received a 30-day period to review and comment on the CAPER. A
Public Notice was published in the Kent Reporter on Saturday, February 9,
2008.
In addition, citizens were invited to provide comments at a public hearing
held at the Housing and Human Services Division on February 21, 2008.
Over two-weeks advanced notice was provided. No comments were
received.
L Notices were provided to People of Color and organizations working with or
who have contacts with ethnic/racial minorities, non-English speaking
persons, and people with disabilities.
G. LEAD-BASED PAINT COMPLIANCE
The following actions were taken by the City to evaluate and reduce the
number of housing units containing lead-based paint hazards:
The City provided Lead Based Paint informational materials to all
homeowners served by the Home Repair Program; staff was available to
answer questions.
Home Repair staff used the Lead-Safe Housing Rule Checklist for General
Compliance Documentation as a guide to verify compliance with lead-based
paint rules; a Lead-Safe Housing Rule Applicability Form was completed on
every Home Repair client.
Staff adhered to and, when applicable, enforced lead-based paint abatement
regulations.
H. SUB-RECIPIENT MONITORING AND TRAINING
The CDBG Program Coordinator monitored CDBG-funded programs
throughout the year by reviewing quarterly reports and consulting with
programs to address issues that needed clarification. To prepare for on-site
monitoring, staff developed a monitoring tool that includes self-assessment
questions which are completed by program staff prior to a site visit. In 2007,
five (5) programs received on-site monitoring visits and two (2) programs
received on-site consultations. Site visits provided an opportunity for staff to
congratulate programs on successes and to provide technical assistance on
issues that were challenging. While most issues were resolved satisfactorily,
CITY OF KENT 2007 CAPER -19-
programs were informed that the failure to comply with contractual
requirements and regulations could result in remedial actions and/or the
termination of funding.
Another change that occurred in 2007 was the institution of web-based
reporting. This new system allows programs to submit on-line quaterly
reports and reimbursement requests. Among the goals for develping the
reporting system, were to create a user-friendly reporting system, reduce
paperwork, and provide programs easy access to a tracking system.
Program staff received training on how to use the new reporting system. '
I. SELF-EVALUATION
The preponderance of CDBG and human services expenditures were used to
support the wide continuum of services that are essential to the Kent
community and the South King County region. The City met its requirements
for housing development and affordable housing pursuant to the King County
Growth Management Planning Policies adopted by the region in 1993.
The City's nine-member Human Services Commission, a citizen's advisory
body to the City Council, reviews the human service issues of the Kent
community on an ongoing basis and recommends funding allocations based
on the urgent needs, along with an eye toward self-reliance and prevention.
Emerging issues over the previous five years of the Consolidated Plan include
the increased demands for job training and workforce development,
improving the domestic violence system, emergency and disaster ,
preparedness and coordination, an increase in the number of residents who
lack health care insurance or are under-insured, collaboration in the county-
wide goal of ending homelessness by moving the homeless into permanent
housing, and addressing needs of the immigrant/refugee population. The
City's response to emerging issues included the following initiatives:
Increased funding to micro-enterprise development projects.
Worked with regional partners to develop the South King County Plan to End
Homelessness.
Partnered with regional stakeholders to develop the System Navigation and
Access Project (SNAP) to respond to the needs of immigrants and refugees.
Staff co-chaired the United Way of King County Domestic Violence/Sexual
Assault Impact Council.
CONSOLIDATED PLAN UPDATE
Because the City's five-year Consolidated Plan for Housing and Community
Development expired in 2007, the City worked with the community to
provide a framework for implementing housing, human services and
community development activities from 2008-2012. Citizen participation was
solicited through a Citizen Participation Survey and Housing and Human
Services staff met and consulted with seniors, People of Color, homelessness
service providers, and other stakeholders to get their input on the Plan. A
public hearing was held on October 18, 2007, and the Consolidated Plan was
submitted to HUD in November.
CITY OF KENT 2007 CAPER -20-
III: CDBG PROGRAM NARRATIVE
A. 2007 CDBG PROJECTS
The City of Kent supports housing and human services agencies with funds
for on-going programming; e.g., feeding programs, medical services, housing
stability; etc., through its CDBG entitlement. It is the City's policy to support
' human service programs that meet one of the City's funding priorities. A
total of $803,863 in CDBG funds was awarded in 2007. The following
organizations were supported by the CDBG Program (a complete list of
agencies supported by the City's CDBG and General Fund is attached):
Capital Projectsl
Rehabilitation
City of Kent: Home Repair Program-$400,000
Funds used to rehabilitate housing that is owned and occupied by
low/moderate-income families residing in the City of Kent.
Micro-enterprise Assistance
Green River Community College: Micro-Enterprise Development-$25,000
Funds used to help low/moderate-income persons develop or expand a
micro-enterprise business by providing business counseling or technical
assistance.
Washington Cash: Kent Micro-Enterprise Initiative-$25,000
Funds used to provide business training and business development services
to low/moderate-income women, people with disabilities and other under-
served individuals.
Acquisition
Alliance Center: One-stop Human Services Facility-$72,511
Funds used to acquire the property and the facility to provide a central
location for a one-stop service center to meet the human services needs of
the low/moderate-income community.
Public Services
Community Health Centers of King County: $36,000
Funds used to support two projects: (1) Medical Services ($26,000), project
provided medical services to Kent patients; and (2) Healthcare for the
Homeless ($10,000), project provided nursing services to homeless adults
and children who resided in transitional shelters; services also provided at
the Kent Community Health Center.
Hospitality House: Women's Shelter-$10,000
Funds used to provide shelter and case management services to homeless
women who formerly resided in Kent.
1 Funding was approved by City Council November 7, 2006.
CITY OF KENT 2007 CAPER -21-
Multi Service Center: Housing Stability-$37,579
Funds used to provide housing stability grants to low-income or homeless
individuals to prevent eviction or to assist with move-in costs.
Valley Cities Counseling and Consultation: Homeless Outreach-$17,000
Funds used to provide outreach and case management to homeless
individuals in the City of Kent.
YWCA: Transitional Housing-$20,000
Funds used to provide transitional shelter and case management services to
domestic violence survivors.
Planning and Administration
City of Kent: Parks, Recreation and Community Services Department, L
Housing and Human Service-$160,773
Funds used to administer the City of Kent CDBG projects and engage in
planning activities.
B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES,
NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN
CDBG funds and the $698,565 allocated from the City's General Fund provide
the foundation for the City's efforts in public services-related funded. The
combined funds are allocated by the City Council based on recommendations
by the City's Human Services Commission. The Commission reviews the data
from a number of assessments, demographic reports and plans to develop
priorities for funding, and then calls for applications from the community.
Applications for capital-related needs are also sought from human services
agencies; e.g., renovation of office or counseling space, projects to
acquire/preserve affordable housing, acquisition or property to build a health
facility for low/moderate-income patients, etc. Only CDBG funds may be
expended on capital projects.
After a screening process, the City employs the following three-prong
analysis to determine which programs receive CDBG funding: (1) Does the
service or need fall within a City of Kent funding priority2; (2) Is the service
or need an eligible activity; and (3) Does the service or need meet a national
objective? The three national objectives are activities benefiting
low/moderate-income persons, activities which aid in preventing or
eliminating slums or blight, or activities meeting community development
'` The five (5) funding priorities are:
• Meeting Community Basics;
• Increasing Self-reliance;
• Strengthening Children and Families;
Building a Safer Community; and ,
• Improving Health and Well-Being.
CITY OF KENT 2007 CAPER -22-
needs that have a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community and
other financial resources do not exist to meet such needs. In 2007, all CDBG
funds were used exclusively to meet the national objective of benefiting
low/moderate-income persons.
Rules governing the CDBG program place a fifteen percent (15%) cap on the
amount of funds that may be allocated for public services; the City expended
the maximum amount. For planning and administration, the City spent insert
of its total CDBG allocation, which is less than the 20% maximum that is
allowed.
C. PROGRAM OBJECTIVE CHANGES
Program objectives were not modified in 2007.
D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN
A majority of CDBG public service funded projects met or exceeded the
performance measures required by contract. Table 3A shows the
objectives/outcomes for 2007 CDBG-funded projects.
CITY OF KENT 2007 CAPER -23-
TABLE 3A - SUMMARY/STATEMENT OF SPECIFIC ANNUAL OBJECTIVES
ACCESSIBILITY TO DECENT HOUSING
Obj. # Outcome/Objective Source Performance Year Expected # Actual # Percent
of Indicators Completed
Funds
DH-1 Enhance accessibility to CDBG -Number of 2007 17 YWCA 24 YWCA >100%
decent housing by persons 80 HRP 98 HRP_ >100%
providing the following: receiving TOTAL: 97 TOTAL:
transitional housing & housing and 122
case management for case
domestic violence management
survivors and their -Number of
children; rehabilitation households
assistance and health receiving home
and safety repairs to repair
low/moderate-income assistance
Kent homeowners
ACCESSIBILITY TO SUITABLE LIVING ENVIRONMENT
ON. Outcome/Objective Source Performance Year Expected # Actual # Percent
# I of Indicators Completed
Funds
SL-1 Enhance accessibility to CDBG -Number of 2007 10 HH 11 HH >100%
a suitable living persons 22 VCC 48 VCC >100%
environment by receiving 144 CHCKC 125 100%
providing shelter, case shelter 78,226 AC CHCKC3
management/outreach, -Number of Total: 19 1000/0
medical services, and a persons 78,402 CHCKC4
one-stop service center receiving 11,084 14%
to meet the human outreach & AC5
service needs of case Total:
low/moderate-income management 11,287
individuals and families -Number of
persons
receiving
medical
services
-Number of
homeless
persons
receiving
nursing
services
-# of
individuals
receiving
assistance with
human
services needs
Medical Services
d Healthcare for the Homeless
CITY OF KENT 2007 CAPER -24-
TABLE 3A - CONTINUED
SUSTAINABILITY OF SUITABLE LIVING ENVIRONMENT
Obj. Outcome/Objective Source Performance Year Expected Actual
# of Funds Indicators # # Completed
SL-3 Address the need CDBG -Number of 2007 50 MSC 115
to sustain a persons
suitable living receiving
environment by grants/loans
' providing housing
1 stability grants to
low-income or
homeless
individuals
EO-1 Enhance the CDBG -Number of 2007 43 WA 19 WA 1 44% I
accessibility of persons CASH CASH >100%
economic enrolled in 24GRCC 30
opportunity and business Total: 67 GRCC
promote the training Total:
creation of micro- classes 49
enterprises by -Number of
providing business persons
training classes & assisted with
j i business counseling business
counselin
ACCESSIBILITY TO ECONOMIC OPPORTUNITY
E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION,
REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW
RELOCATION WAS ACCOMPLISHED
No CDBG or City funds were expended for activities that required relocation
actions in 2007.
F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT
TAKEN BY LOW/MODERATE-INCOME PERSONS
No economic development activities were undertaken involving the
creation/retention of jobs.
G. REPORT REGARDING LOAN REPAYMENTS
The City did not use CDBG funds to enter into loans.
Expected number included service units from all programs located at the Alliance Center;however the
actual served ieported is based on one program that is located at the Alliance Center
CITY OF KENT 2007 CAPER -25-
TABLE 3A - CONTINUED
SUSTAINABILITY OF SUITABLE LIVING ENVIRONMENT
Obj. Outcome/Objective Source Performance Year Expected Actual 0/0
# of Funds Indicators # # Completed
SL-3 Address the need CDBG -Number of 2007 50 MSC 115 >100% '
to sustain a persons
suitable living receiving
environment by grants/loans '
providing housing
stability grants to
low-income or
homeless
individuals
EO-1 Enhance the CDBG -Number of 2007 43 WA 19 WA 44%
accessibility of persons CASH CASH >100%
economic enrolled in 24GRCC 30
opportunity and business Total: 67 GRCC
i promote the training Total:
creation of micro- classes 49
enterprises by -Number of
providing business persons
training classes & assisted with
business counseling business '
counseling
ACCESSIBILITY TO ECONOMIC OPPORTUNITY
E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION,
REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW
RELOCATION WAS ACCOMPLISHED
No CDBG or City funds were expended for activities that required relocation
actions in 2007.
F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT
TAKEN BY LOW/MODERATE-INCOME PERSONS
No economic development activities were undertaken involving the
creation/retention of jobs.
G. REPORT REGARDING LOAN REPAYMENTS
The City did not use CDBG funds to enter into loans. '
CONCLUSION
CITY OF KENT 2007 CAPER -26-
The City and its funded programs successfully met the needs of the Kent
Community in 2007. The community worked collaboratively to make
strategic community investments, leverage resources and to respond to
ongoing and emerging human services issues. In addition, the City
expended a portion of its CDBG funds on capital projects to increase or
enhance services to Kent residents- CDBG funds, local funds, and funds from
other governmental entities were critical in protecting the safety net in the
City and the South King County region.
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CITY OF KENT 2007 CAPER -27.
ATTACHMENT A
INFORMATION FROM HUD'S INTEGRATED DISBURSEMENT AND
INFORMATION SYSTEM (IDIS) FOR PROGRAM YEAR 2007
CDBG Financial Summary - C04PR26
CDBG Activity Summary Report (GPR) - C04PR03
Additional reports analyzing the use of funds are available upon request. To
request the reports contact the Housing and Human Services Division at 253-
856-5070
CITY OF KENT 2007 CAPER -28-
ATTACHMENT B
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HUMAN SERVICES
GENERAL FUND ALLOCATIONS FOR PROGRAM YEAR 2007
City of Kent 2007 CAPER
City of Kent: 2007 CDBG Public Service Allocations
Community Health Centers: Health Care for the Homeless $ 10,000
Community Health Centers: Medical Services $ 26,000
Hospitality House: Women`s Shelter $ 10,000 ,
Multi-Service Center: Housing Stability $ 37,579
Valley Cities Counseling & Consultation: Homeless Outreach $ 17,000
YWCA: Transitional Housing $ 20,000 ,
TOTAL $ 120,579
2007 CDBG Capital Funding Allocations '
Alliance Center: One-stop Human $ 72,511 1
Services Facility
City of Kent: Home Repair Program $400,000
Green River Community College: Micro- $ 25,000
enterprise Development
Washington CASH: Kent Micro-enterprise $ 25,000 ,
Initiative
TOTAL: $522,511 ,
2007 Planning and Administration
City of Kent: Planning & Administration $160,773
20% of entitlement _
TOTAL $160,773 _J
2007 CDBG Funding Summary ,
Public Service $120,579
Capital $522,511
Planning & Administration $160,773
GRAND TOTAL $803,863
2007 CDBG Public Services Contingency Plan
In the event of an increase in public service funds above the preliminary estimate,
additional funds will be allocated to the MSC-Housing Stability Program, up to
$40,000. Any additional funds will be divided between the funded programs.
In the event of a decrease in CDBG public service funds, the decrease will be
proportionately distributed among the funded agencies with the exception of MSC
Housing Stability, with no agency receiving less than $10,000 in funding.
2007 CDBG Capital Contingency Plan
In the event additional capital funds are received or recaptured, the additional
funds will be allocated to the Alliance Center, up to $200,000.
Decrease
If there is a decrease in funds, projects will be cut in the following order:
Green River Community College
Washington CASH
City of Kent Home Repair Program
Alliance Center
CITY OF KENT 2007 CAPER -30-
City of Kent: 2007 General Fund Allocations
Agency Amount
Catholic Community Services/Valley Cities $ 50,000.00
Child Care Resources $ 20,500.00
' Children's Home Society $ 10,000.00
Communities in Schools - Kent $ 12,000.00
Community Health Centers $ 57,000.00
Community Health Centers $ 20,000.00
' Consejo $ 12,000.00
Crisis Clinic $ 5,000.00
DAWN $ 40,000.00
Dynamic Family Services $ 35,000.00
Emergency Assistance $ 10,000.00
Jewish Family Services $ 7,500.00
KC Sexual Assault Res Center $ 21,000.00
Kent Food Bank $ 52,000.00
Kent Youth and Family Services $ 50,000.00
Kent Youth and Family Services $ 8,000.00
Kent Youth and Family Services $ 14,500.00
Kent Youth and Family Services $ 10,000.00
King Co Public Health $ 25,000.00
MNADV (Men's Netwk Against DV) $ 5,000.00
Multi Service Center $ 40,000.00
Multi Service Center $ 10,000.00
Multi Service Center $ 60,000.00
Safe Havens $ 78,160.74
' Survivor Support $ 15,000.00
Survivor Support $ 30,000.00
1 Ukrainian Community Center $ 10,000.00
WWEE $ 35,000.00
' YWCA $ 25,000.00
TOTAL $ 773,660.74
CITY OF KENT 2007 CAPER -31-
I
Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6G
1. SUBJECT: 2008 CITY ART PLAN AND FIVE-YEAR ART PLAN - APPROVE
2. SUMMARY STATEMENT: Approve the 2008 City Art Plan and Five Year
Plan.
The City Art Plan lists projects carried over from 2007, details projects for 2008
and lists art expenditures planned for 2008-2012, as part of the five year plan.
The Visual Arts Committee worked with staff to craft the plan which was approved
by Kent Arts Commission on December 18, 2007. The attached document details
1 the plan.
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3. EXHIBITS: 2008 City Art Plan and 5-Year Plan and Ordinance 2552
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
1 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2008 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2008 - 2012
Ordinance 2552
Approved:
Visual Arts Committee
Kent Arts Commission
City Council Sub-Committee:
City Council
CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2008 CITY ART PLAN
1
New Projects 2007 2008 '
Budget Budget
Capital Project Artwork: Downtown Improvements (Town 40,000 '
Square Plaza)
Maintenance/Collection Publicity/Education 14,068
Capital Project: Clark Lake Park 10,000 ,
Portable Purchase 5,000
Previously Approved Projects In-Motion
Capital Project: Neighborhood Park (Green River Trail) $30,000
Subtotal $30,000 $69,068
TOTAL 2008 BUDGET FOR 19026223.66500.4310 $99,068
OTHER EXPENSES
Salary &Administration (supplies, professional services, $104,252
maintenance/repair) ,
TOTAL 2008 BUDGET FOR 10006223.4310 $104,252
Total $2 / capita 86,660 x 2 $173,320
TOTAL 2008 Anticipated Expenditures $203,320
2
KENT ARTS COMMISSION
2008 CITY ART PLAN NARRATIVE
Project Title: Downtown Improvements, Town Square Plaza
Project Description: Artist Elizabeth Connor is fabricating internal) illuminated
_-_] P 9 Y
sculptures along the 2nd Avenue edge of Town Square Park that will encourage
pedestrian and vehicular traffic from Kent Station into Historic Downtown. The
artworks will be installed in spring of 2008.
Estimated Costs: $160,000
Funding Source: $58,000 from 2006 and 2007 City Art Plan,
$40,000 from 2008 City Art Plan
$62,000 from Parks Planning; construction
credits
Background: Design team artist Elizabeth Conner has been working with the city and
designers of the park since 2003. The design work she has contributed to the project
will be funded through Parks Planning, construction credits and two City Art Plan
allocations (in 2006 and 2007). The artwork will provide aesthetic enhancements
within the city that draw visitors to the main shopping district.
Location: 2"d Avenue, between Kent Station and downtown Kent, across from the King
County Library.
Project Title: Clark Lake Park
1 Project Description: In 2006, the Kent Arts Commission commissioned an art plan for
Clark Lake Park. This plan recommends a plan for funding several projects over
multiple years.
Estimated Costs: $10,000
Funding Source: 2008 City Art Plan
Location: 121.05 acre park, between SE 240th Street & SE 248th Street at 127th
Avenue SE. Facilities include: Fishing pier, public art, boardwalk, greenbelt, rough trail,
parking.
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Project Title: Maintenance/Collection Publicity/Education ,
Project Description: Projects in-progress include the City Art Guide, Earthworks Park
catalogs and promotions and sculpture maintenance and repair.
Estimated Costs: $8,552 ,
Funding Source: 2008 City Art Plan
Background: This fund may be used for maintaining and promoting existing artworks. '
Project Title: Portable Collection Purchases
Project Description: Purchase quality artworks from area artists that enhance the
quality and value of the city's Portable Art collection. The artworks are exhibited in ,
publicly accessible areas of city facilities.
Estimated Costs: $5,000
Funding Source: 2008 City Art Plan
Background: The City of Kent Arts Commission has established a collection of portable
artwork that includes a variety of quality two-dimensional artworks. Artwork acquired
through purchase awards during the Juried Fine Art Exhibit attract quality area artists '
to enter. Other portable art is purchased to enhance the art collection and respond to
specific exhibit needs. The funds allow the city to introduce art into the workplace and
in public areas where the community does business. This program supports regional
artists, serves specific needs for special projects and promotes participation in city
programs. A work environment that includes amenities such as art has been shown to
increase productivity and job satisfaction. ,
4
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN
2008 - 2012
2008 PROJECTS COSTS
Capital Project Total $69,068
Capital Project Artwork: Downtown Improvements (Town 40,000
Square Plaza)
Maintenance/Collection Publicity/Education 14,068
Clark Lake, Phase I Integrated Artwork 10,000
Portable Purchase 5,000
Administration/Maintenance 104,252
Year Total $173,320
2009 PROJECTS COSTS
Capital Projects Total $63,856
Clark Lake, Phase I Integrated Artwork 30,000
Aquatic Center or other Capital Art Project 20,000
Maintenance/Collection Publicity/Education 8,856
' Portable Art Collection Purchases 5,000
Administration/Maintenance 109,464
Year Total $173,320
2010 PROJECTS COSTS
Capital Projects Total 58,383
Clark Lake, Phase II Integrated Artwork 30,000
Capital Art Project 15,000
Maintenance/Collection Publicity/Education 8,383
Portable Art Collection Purchase 5,000
Administration/Maintenance 114,937
Year Total $173,320
2011 PROJECTS COSTS
Capital Projects Total 52,637
Capital Project Artwork 39,000
Maintenance/Collection Publicity/Education 8,637
Portable Collection Purchases 5,000
Administration/Maintenance 120,683
Year Total $173,320
2012 PROJECTS COSTS
Capital Projects Total 46,603
Community participation or reclamation art project 33,000
Maintenance/Collection Publicity/Education 8,603
Portable Collection Purchases 5,000
Administration/Maintenance 126,717
Year Total $173,320
5
i
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
J1Xi" Washington relating to public art; establishing
a City Art Program, directing establishment of
guidelines and procedures for administration of
the City Art Program; establishing a City Art
Fund; adding a new Chapter 2.35 Kent City Code
in conjunction therewith; amending
l� Chapter 2.34 KCC concerning the City of Kent
r Arts Commission (Sections 1 - 6, Ordinance
1944); repealing KCC 3 .14.368, the Arts
Commission Fund (Section 7, Ordinance 1944) .
'L�i WHEREAS, the aesthetic nature and charm of the City of
ent shall be enhanced, and the citizens of the City of Kent shall
hold and enjoy works of art for the public environment and
' welfare; and
f
WHEREAS, the City intends to expand the opportunity for
Kent residents to experience art in public places and to create a
more visually pleasing and humane environment; and
WHEREAS, it is appropriate to establish a means whereby
j the City of Kent Arts Commission shall maintain an orderly
acquisition of art by the City of Kent; and
WHEREAS, there shall be a City Art Program which shall
consist of Guidelines, Procedures and an Art Plan; NOW THEREFORE,
1
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
i
�I Section 1. A new Chapter 2 .35 is added to the Kent City
Code, as follows:
i CITY ART PROGRAM
l
2.35.010. ART FUND CREATED. There is hereby established
i
iIa City Art Fund. Monies for the Fund shall be received from:
I{ A. ANNUAL BUDGET. Two (2) dollars per budget year
iifor each City resident, based upon population data certified by
,; i
1
�I the State of Washington Office of Financial Management. Budgeted
t but unspent funds shall be maintained in the Art Fund, and carried,
forward at the end of each budget year.
I I
B. GIFTS, DONATIONS AND GRANTS. Private or public'
gifts, endowments, donations, bequests or other grants.
I
C. OTHER. Such other sources as may be available.
� I
If D. INTEREST FROM THE CITY ART FUND.
2.35.020. FUND USE - ART PROGRAM - COLLECTION. ,
A. Inclusions - The City Art Fund may be used for ,
all costs for works of art, administrative costs of the City Art
Program, and all costs of installation and maintenance.
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B. The City of Kent Arts Commission and Staff
shall recommend the amount to be made available for the purchase
of art, in consultation with City staff. The designation of
projects and sites, selection, contracting, purchase,
commissioning, review of design, execution and placement,
I
acceptance, maintenance, sale, exchange, or disposition of work of
i
s art shall be recommended by the Kent Arts Commission and Staff,
ifor approval by the City Council, in accordance with the City Art
Program Guidelines.
C. All works of art purchased and commissioned ,
under the City Art Program shall become a part of a City Art
Collection. The City Art Collection shall be developed,
administered and operated by the Kent Arts Commission with
cooperation and support of the Kent Parks Department Staff.
D. The works of art may be placed on public lands,
integrated with or attached to a public building or structure,
detached within or outside a public building or structure, or part ,
11of a portable collection or exhibit.
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E. Nothing in this Chapter shall limit the amount
of money the City of Kent may expend for art.
Ij 2 .35 .030. GENERAL PROCEDURES.
li
A. Upon consultation with the City of Kent Arts
Commission, Guidelines and Procedures shall be prepared by Staff
for the implementation of the Arts Program. Such Guidelines and
Procedures shall be reviewed by the City of Kent Arts Commission
and Staff annually, and recommendations shall be made to the City
Council for approval.
B. A City Art Plan including a schedule and budget
for all City Art Program projects shall be prepared and updated
annually by the City of Kent Arts Commission and Staff. The City
Art Plan shall be reviewed and approved annually by the City
Council.
Section 2. Chapter 2 .34 KCC (Ordinance 1944, Sections
1 - 7) is amended as follows:
KENT ARTS COMMISSION
2.34.0(-(4+)10. ARTS COMMISSION CREATED. There is hereby
' created ( (an act to -be kn-c r -as-) ) the Kent Arts
Commission.
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2 .34.0{(84)20. PURPOSE. The City of Kent Arts
Commission and Staff may, alone or in cooperation with any other
private, civic or public body of any City, county or the State of
Washington, initiate, sponsor or conduct programs calculated to
further public awareness of and interest in the visual and
( performing arts.
2 .34. ( (+-2+)030 . MEMBERSHIP - TERM. The membership of
the City of Kent Arts Commission shall be twelve members to be
appointed by the Mayor with the approval of the City Council. Of
the first twelve members appointed, six shall be appointed for two
years and six shall be appointed for four years, with the
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respective terms of each initial appointee to be determined by
lot. Subsequent appointments shall be for a period of four years
or for the unexpired balance of the term for which appointed,
whichever is the lesser period. In addition to the twelve
appointed members, one member of the City Council shall be
designated by the president of the Council to serve as an ex
officio member of the City of Kent Arts Commission for a term of
one year.
2 .34.( (7t-6-) )040 . OFFICERS - MONTHLY MEETINGS. The City
of Kent Arts Commission shall elect its officers, including a
chairman, vice chairman, and such officers as it may deem
necessary. Such persons shall occupy their respective offices for
a period of one year. The City of Kent Arts Commission shall hold '
regular public meetings at least monthly.
2 .34(f-2-9-) )050 . RULES - PUBLIC RECORD. The City of Kent
Arts Commission shall adopt rules for transaction of business and
shall keep written minutes of its proceedings which minutes shall
be a public record.
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2 .34. ( (�- )060 . BUDGET. The City of Kent Arts
{ Commission and Staff shall each year submit to the City
s Administrator and City Council for approval a proposed budget for
the following year in the manner provided by law for preparation '
and submission of budgets by appointive officials.
j'
I� Section 3. KCC 3 .14.368 (Ordinance 1944, Section 7) is
hereby repealed:
( (3 .14.368. ARTS C-E)MMISSIEEW FUNB. There is hereby
I�
established a fund entitled City af Kent AEts Gammissien Fund,
ipy Ite9et,er ;:it; aRy misee 1anee4s revenues, grants, gifts, or
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� year shall at the three~--- i the City Gear--1 be ------d - - -- to
the d 1 )
.�..�.etie�.. i-erg-�.T
Section 4. 1986 Budget - Funding. The funding provided
for in KCC 2 .35.010 shall first take effect and be in force for
the 1986 City of Kent Budget.
Section 5. Effective Date. This ordinance shall take
II
effect and be in force five (5) days from and after its passage,
approval and publication as provided by Ypw.
ISABEL HOGAN, MAYTR
ATTEST:
BETTY ZY, DEPUK CITY CLERK
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APPROVED AS TO FORM:
c
P. STEPHEN DiJULIO, CITY ATTORNEY
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PASSED the /,S7 day of C v 1985.
APPROVED the _�7___day of ' 1985.
PUBLISHED the i day of 1985.
i
I hereby certify that this is a true copy of Ordinance
No. A6,gc-'- , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
I
indicated. !
(SEAL) I
BETTY CXAY, DEPUEY CITY CLERK I
2540-110
5 -
Kent City Council Meeting
Date March 4, 2008
Category Consent Calendar - 6H
1. SUBJECT: KING COUNTY AGREEMENT FOR JAIL TRANSITION SERVICES -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Memorandum of
Agreement with King County for collaborative jail transition services, subject to
final terms and conditions acceptable to the City Attorney.
3 This is a joint effort to assist eligible and appropriate offender-clients and
defendants with mental illness who are transitioning from the Kent City Jail in
applying for Department of Social and Health Services (DSHS) entitlements and
publicly funded benefits for the purposes of accessing mental health counseling,
medications management, and case management services in the community.
This agreement entails dedicated office space for one full-time equivalent DSHS
financial application worker to be sited within the Housing and Human Services
office at Kent City Hall. This effort is sponsored and supported by HB1290 Jail
Services funds. Any expenses to the City will be compensated by an annual
payment of $2,400.00 from King County.
3. EXHIBITS: Memorandum of Agreement from King County
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
MEMORANDUM OF AGREEMENT
The following Agreement is entered into between the King County Department of Community and
Human Services (the County) and the City of Kent (the City) effective January 1, 2008 through
December 31, 2008 unless terminated by consent of either party. This Agreement covers
relationships and operational agreements for purposes of providing jail transition services to
defendants with co-occurring mental health and substance abuse disorders being released from the
Kent Municipal Jail.
A collaborative effort is proposed to assist eligible and appropriate offender-clients and defendants
with mental illness who are transitioning from the Kent City Jail and the Regional Justice Center
Detention Facility (RJC) in applying for Department of Social and Health Services (DSHS)
entitlements and publicly funded benefits for the purposes of accessing mental health counseling,
medications management, and case management services in the community. Specifically, dedicated
office space is requested for one full-time equivalent (1.0 FTE) DSHS financial application worker to
be sited within the Kent City Hall building. This effort is sponsored and supported by HB1290 Jail
Services funds.
I. PROGRAM DESCRIPTION
A. Definitions:
The words and phrases listed below, as used in this Agreement, shall each have the following
definitions:
1. "DSHS" means the Washington State Department of Social and Health Services.
2. "Financial Service Specialist' means a Washington State Department of Personnel job
classification used within DSHS Typical duties of Financial Services Specialist position
include the determination of eligibility for specific state and federal programs targeted to
provide basic needs, including medical services, of low-income individuals.
3. "Medicaid" means the federally funded entitlement program providing reimbursement to
qualified health care providers for medical services provided to Medicaid enrollees. The
common characteristic of Medicaid enrollees is low income.
B. Stakeholder agencies:
This proposed collaboration involves the following government agencies:
1. Kent Parks, Recreation & Community Services Department;
2. Kent Police Department;
3. King County Department of Adult and Juvenile Detention;
4. King County Mental Health, Chemical Abuse & Dependency Services Division; and
5. Washington State DSHS.
C. City of Kent shall provide:
1. Single private office preferably with lockable door;
2. Desk large enough for two flat screen monitors (or separate computer desk);
3. Chair;
4. File cabinet (must be lockable if office door is not lockable);
CJ/MH—City of Kent Page 1 of 3 2008 MEMORANDUM OF AGREEMENT
5. Telephone;
6. 2nd phone line for fax machine; and
7. Network Ethernet port for computer hookup to Internet.
D. Washington State DSHS shall:
1. Provide 1.0 FTE financial services specialist to assist City of Kent and RJC offender-clients
in applying for Medicaid and other entitlements and DSHS benefits;
2. Provide computer workstation and technical support;
3. Provide a fax machine and supplies; �
4. Directly pay for all long distance phone/fax calls; and
5. Provide staff training on DSHS services for City of Kent employees, if requested.
E. King County shall:
1. Pay for associated telecommunications access expenses including computer,
telephone, voicemail, and fax;
2. Pay for other telecommunication costs within allocated budget; and
3. Provide coordination leadership via the assigned King County Criminal Justice Initiative
Project Manager.
IL OPERATING BUDGET
King County will be responsible for monthly telephone and voicemail charges, Ethernet port
charges and Internet access, and applicable licenses, estimated at $200 per month. The office
space as described will be available 40 hours per week, Monday through Friday, during normal
business hours (8:00 AM —4:30 PM).
The total amount charged by the City to the County shall not exceed $2,500 during the period of
this Memorandum of Agreement. Invoices shall be submitted on a semiannual basis due July 15,
2008 and January 9, 2009.
111. TERMINATION
Either party may terminate this Agreement at a date prior to the date specified in this Agreement,
by giving 45 days written notice to the other party.
IV. AMENDMENTS
Either party may request changes to this Agreement. Proposed changes that are mutually agreed
upon shall be incorporated by written amendments to this Agreement.
V. ENTIRE AGREEMENT i
This Agreement, including any amendments attached hereto, sets forth the entire relationship of
the parties to the subject matter hereof, and any other agreement, representation, or
understanding, verbal or otherwise, dealing in any manner with the subject matter of this
Agreement is hereby deemed to be null and void and of no force and effect whatsoever.
CJ/MH—City of Kent Page 2 of 3 2008 MEMORANDUM OF AGREEMENT
VI. INDEMNIFICATION
Each party shall protect, defend, indemnify and hold harmless the other party, its officers, agents
and employees from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages, of any nature whatsoever, arising out of, or in any way resulting from, the indemnifying
party's own acts, negligence or omissions in carrying out the terms of this Agreement. In the event
the indemnified party incurs any costs, including attorney's fees, to enforce the provisions of this
section, all such costs and fees shall be recoverable from the indemnitor. The City and County
acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and
damages are caused by, or result from, the concurrent negligence of the parties, this Section shall
be valid and enforceable only to the extent of the negligence of each party, its agents, employees
and/or officers.
Both parties retain the right to participate in said suit if any principal of governmental or public law
is involved and shall be responsible for defending any claims or challenges to their own
ordinances and administrative decisions, and all costs associated with such defense.
VII. NO THIRD PARTY RIGHTS
This Agreement is made and entered into for the sole protection and benefit of the parties hereto
No other person or entity shall have the right of action or interest in this Agreement based on any
provisions set forth herein.
VIIL SEVERABILITY
If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not
be affected if such remainder would continue to serve the purposes and objectives of the parties
IX. RECORDS
Ali records and documents with respect to the implementation of the Agreement shall be subject to
inspection, review and audit by the County and City. Any request under this section will be made
by advance notice in writing to the other party and shall be substantially complied within 30 days
of the written notice.
IN WITNESS HERETO, the City of Kent and the Department of Community and Human Services,
Mental Health, Chemical Abuse and Dependency Services Division, have executed this Agreement as
of the dates written below:
KING COUNTY CITY of KENT
Jackie MacLean, Director Suzette Cooke, Mayor
Department of Community and Human Services
Date Date
CJ/MH—City of Kent Page 3 of 3 2008 MEMORANDUM OF AGREEMENT
Kent City Council Meeting
1 Date March 4 008
Category Other Busine - 7A
1. SUB]ECT: MERIDIAN BANKS REZONE ORDINANCE
(QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: The proposed ordinance relate Ao land use and
zoning, specifically the rezoning of one parcel totaling 6.3 ac� of property from
Single Family Residential 4.5 units per acre to Single Famil Residential 6 units
per acre. The property is located at 25840 135th Lane S . The Kent Hearing
Examiner held a Public Hearing on February 1st and Fe uary 151h, 2006; and
May 10th, May 23rd, and August 15th, 2007. The H ring Examiner issued
Findings, Conclusions, and a Recommendation for proval on October 15, 2007.
i
On November 20, 2007, Council voted to remaXd this matter back to the Hearing
Examiner. At its next meeting, Council pass9d Resolution No. 1774 that included
the specific rezone issues to be considered/during the remand proceedings. Prior
to any remand proceedings being held, a�lawsuit was filed in Superior Court by
the owner of the Meridian Banks site asking the court to stop the matter from
being remanded back to the Hearing Ez aminer. On January 11, 2008, the court
ordered the City not to take action qri the rezone until further order of the court.
By request of the City, the court h* now entered an order allowing Council to
forgo the remand and take final action on the rezone application.
3. EXHIBITS: Ordinance; Horing Examiner Findings, Conclusions and
Recommendation; Staff ReE'rt with map; Staff Memo; Mitigated Determination of
Nonsignificance; and Deciyo Document
4. RECOMMENDED BY: blearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No'L Revenue? No
Currently in the/Budget? Yes No
6. CITY COUNCIL ACTION:
CouncilmQfnber moves, Councilmember seconds
/to accept/reject/modify the Findings, Conclusions and Recommendation of the
HearOg Examiner on the Meridian Banks Rezone and to adopt Ordinance
No./
DISCYSSION:
ACTION:
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 6.32 acres of
property located at 25840 135th Lane Southeast from
SR-4.5 (Single-Family Residential, 4.5 units per acre) to
SR-6 (Single-Family Residential, 6 units per acre).
(Meridian Banks Rezone RZ-2005-7).
RECITALS
A. An application was filed on June 30, 2005, to rezone approximately
6.32 acres of property located at 25840 135th Lane Southeast (the "Property")
from SR 4.5 (Single-Family Residential, 4.5 units per acre) to SR 6 (Single-Family
Residential, 6 units per acre). (Meridian Banks Rezone, #RZ-2005-7). A !
preliminary plat application was also filed for the Property (SU-2005-11).
i
B. For purposes of RCW 36.70B.130, the City's SEPA responsible official
issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2005-57),
with conditions, for the proposed rezone and proposed plat on January 19, 2007,
which was thereafter appealed. Any later appeal of the MDNS is subject to the j
hearing examiner's final decision on the proposed plat as provided by Kent City j
Code 11.03.520, 12.04.690, 12.04.695, and RCW 43.21C.075. 1
C. An open record hearing on the rezone was held before the hearing
examiner on May 10, 2007; May 23, 2007, and August 15, 2007. On October 15,
2007, the hearing examiner issued findings and conclusions that the Meridian
Banks Rezone is consistent with the city'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
1 Meridian Banks Rezone I
impacts that cannot be mitigated; that circumstances have changed since the
establishment of the current zoning district to warrant the proposed rezone; and
that the proposed rezone will not adversely affect the health, safety, and general
welfare of the citizens of the City of Kent. Based on these findings and
conclusions, the hearing examiner recommended that "...the [Meridian Banks]
application for a rezone from SR-4.5 to SR-6...be GRANTED without conditions."
D. On November 20, 2007, the City Council voted by Motion to remand
the Meridian Banks Rezone back to the hearing examiner for consideration of
certain issues that were subsequently listed in Resolution 1774 passed by the City
Council on December 11, 2007. I
E. On December 10, 2007, the applicant filed a Land Use Petition Act
Appeal Pursuant To RCW 36A.70C.070; Petition For Extraordinary Writ Relief;
Complaint for Declaratory & Injunctive Relief, King County Superior Court, Case _
No. 07-2-38952-1 KNT. On December 28, 2007, the applicant filed a second Land
Use Petition Act Appeal Pursuant To RCW 36A.70C.070; Petition For Extraordinary
Writ Relief; Complaint for Declaratory & Injunctive Relief, King County Superior
i
Court, Case No. 07-2-41012-1 KNT. i
F. On March 4, 2008, Council accepted the findings and conclusions of
the hearing examiner, and adopted the hearing examiner's recommendation,
attached as Attachment 1, that "...the [Meridian Banks] application for a rezone l
from SR-4.5 to SR-6...be GRANTED without conditions."
f
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
f
ORDINANCE
SECTION I. - Recitals Incorporated as Findings. The foregoing recitals,
which are incorporated by this reference, constitute the council's findings on this
matter.
f
2 Meridian Banks Rezone
SECTION 2. - Rezone. The property located at 25840 135th Lane
Southeast in Kent, Washington consisting of approximately 6.32 acres depicted in
Exhibit "A" (marked "Vicinity Map"), attached and incorporated by this reference,
and legally described in Exhibit "B", attached and incorporated by this reference,
is rezoned from SR 4.5 (Single-Family Residential, 4.5 units per acre) to SR 6
(Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be
amended to reflect the rezone granted above.
SECTION 3. - Severability. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
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.
i
SUZETTE COOKE, MAYOR
ATTEST: ;
BRENDA JACOBER, CITY CLERK
i
i
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2008.
APPROVED: day of , 2008.
PUBLISHED: day of , 2008.
3 Meridian Banks Rezone '
i
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
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EXHIBIT "A" - Page 2 of 2
MERIDIAN BANKS REZONE SUBMITTAL
LEGAL DESCRIPTION: (PER STWEART TITLE COMPANY ORDER NO
205103805)
T F
THAT PORTION O GOVERNMENT LOT 2, SECTION 27, TOWNSHIP 22
NORTH, RANGE 5 EAST WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE
INTERSECTION OF SOUTH MARGIN OF SOUTHEAST 258TH STREET WITH
WEST MARGIN OF 135TH AVENUE SOUTHEAST AS ON PLAT OF SHORE
LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 59
OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON, THENCE SOUTH
01° 07'23"WEST 320 FEET, THENCE SOUTH 290 5900" EAST 110 25 FEET,
THENCE SOUTH 880 59' EAST 146 FEET, THENCE SOUTH 01" OT WEST 90
FEET MORE OR LESS, TO THE SHORE OF LAKE MERIDIAN; THENCE
SOUTHEASTERLY ALONG THE SHORELINE OF SAID LAKE MERIDIAN TO
THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 2, THENCE
SOUTH ON THE EAST LINE THEREOF TO SOUTH MARGIN OF SOUTHEAST
258TH STREET, THENCE WEST ON SAID SOUTH MARGIN TO POINT OF
BEGINNING, TOGETHER WITH SECOND CLASS SHORELANDS
ADJOINING ALSO, AN UNDIVIDED INTEREST IN THAT PORTION OF
GOVERNMENT LOT 2, SECTION 27 TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLIAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS- BEGINNING AT THE INTERSECTION OF SOUTH MARGIN OF
SOUTHEAST 258TH STREET WITH WEST MARGIN OF 135TH AVENUE
SOUTHEAST AS ON PLAT OF SHORE LANE, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 59 OF PLATS, PAGE 62, IN KING ;
COUNTY, WASHINGTON; THENCE SOUTH 010 07'23" WEST 320 FEET;
THENCE SOUTH 290 59'00" EAST 110 25 FEET TO THE TRUE POINT OF
BEGINNING, THENCE SOUTH 88' 59' EAST 146 FEET, THENCE SOUTH 10
07' WEST 90 FEET, MORE OR LESS, TO THE SHORE OF LAKE MERIDIAN;
THENCE NORTHWESTERLY ALONG THE SHORE OF LAKE MERIDIAN TO A
POINT WHICH BEARS SOUTH 01° 07'00" WEST FROM THE TRUE POINT
OF BEGINNING, THENCE NORTH 010 07'00" FAST 45 FEET MORE OR LESS,
TO THE TRUE POINT OF BEGINNING, TOGETHER WITH SECOND CLASS
SHORELANDS ADJOINING.
EXHIBIT "B"
1
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ATTACHMENT 1
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BEFORE THE HEARING EXAMINER
OF THE CITY OF KENT
IN RE No. RZ-2005-7
)
} KIVA#2052281
MERIDIAN BANKS )
APPLICATIONS & APPEALS )
Bill Floten )
FINDINGS, CONCLUSIONS AND
Part III — Rezone Application ) RECOMMENDATION
BACKGROUND'
On June 30, 2005, property owner Bill Floten submitted a rezone application requesting a
change from SR-4.5 Single Family Residential to SR-6 Single Family Residential on
approximately 6.32 acres located adjacent to Lake Meridian at 25840 135th Lane SE. Exhibit
C-1. On August 29, 2005, Architect Ted Nixon submitted, on behalf of Bill Floten, an
application to subdivide the same property into 27 single-family residential lots. The property
owner and Mr. Nixon are hereafter referred to as "Applicants". Exhibit CK-76.
On November 8, 2005, the City requested that the Applicants provide a wetland delineation for
the property as part of its environmental review of the preliminary plat application. Exhibit CK-
12. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS)
on the rezone, but not on the preliminary plat. Exhibit C-7. On December 16, 2005, James
Helm appealed the DNS on the rezone to the Hearing Examiner (ExhibitA-7)and on February
1 and 15, 2006, the Hearing Examiner held consolidated SEPA appeal/rezone hearings. On
March 15, 2006, the Hearing Examiner issued a decision granting the appeal of the DNS and
remanding the rezone to the City for review of environmental impacts concurrent with
preliminary plat application and for review with respect to wetlands, storm drainage, and
traffic. Hearing Examiner's Decision, Meridian Banks, #AP 2005-51
#RZ 2005--7(March 15, 2006).
On June 14, 2006, the Applicants submitted a critical areas assessment and delineation
prepared by Chad Armour, LLC, in response to the City's request for additional information on
1 1 Exhibit numbers are inserted in the background statement for reference by the reader. However, the Background statement
is not considered part of the Findings of the Hearing Examiner.
Findings, Conclusions and Recommeradaban
city of Kent Hearing Examiner
Meridlan Banks, Part Ill,Rezone
RZ-2005-7,XrVA 02052281
Page 1 oflo
the preliminary plat application. Exhibit CK-3. The City did not approve this submittal and
requested a revised delineation report. The Applicants submitted a "supplemental wetland
assessment information" prepared by Habitat Technologies on October 23, 2006. Exhibit CK-
24. The City conducted its own wetland review including a site visit. Exhibit CK-28. On
November 17, 2006, the City issued a final administrative decision, finding that Category 2
wetlands exist and required the Applicants to correct the delineation boundaries. As a final
critical area resource administrative decision, the City's decision was appealable under Chapter
11.06 KCC to the Hearing Examiner. Exhibit CK-30. On December 1, 2006, the Applicants
appealed the City's administrative decision to the Hearing Examiner. Exhibit M-I5.
On January 19, 2007, the City determined that, with conditions, the rezone and preliminary
plat proposals together would not have a probable significant adverse impact on the
environment. The City issued a Mitigated Determination of Nonsignificance (MDNS) with
seven mitigation conditions. Exhibit B-10. On February 2, 2007, Bill Floten and Ted Nixon
appealed all the MDNS conditions. The Appellants and the City agreed that the issues raised in
the appeal of the administrative decision would be addressed as part of the SEPA appeal. The
Hearing Examiner issued an order dismissing the appeal of the administrative decision on May
22, 2007. On Feb. 16, 2007, Sharon Bosse appealed the MDNS conditions regarding wetland
delineation and storm drainage.
The applications and appeals were referred to the Hearing Examiner for hearing and decisions.
Following hearings on each of the appeals and applications, the Hearing Examiner now issues
a four-part decision related to the Meridian Banks proposal. Part I is the decision on the
Applicants' Appeal of the SEPA Threshold Determination; Part II is the decision on Appellant
Bosse's Appeal of the SEPA Threshold Determination; Part III is the recommendation of the
Hearing Examiner on the rezone application; and Part IV is the Hearing Examiner decision on
the preliminary plat application. Attachment A is the Exhibit List; Attachment B is a Pleadings
and Hearing Examiner Orders List; Attachment C is a chronology of the rezone, preliminary
plat and appeals.
SUMMARY Of RECORD
Hearing:
The hearing on the rezone application was consolidated with hearings on SEPA Appeals and an
affiliated Preliminary Plat Application. The City of Kent Hearing Examiner held an open record
hearing on the consolidated SEPA appeals/rezone/plat application on May 10, 2007; May 23,
2007; and August 15, 2007. This recommendation is Part III of a four-part decision. By
agreement of the parties, the decisions are all issued together on October 15, 2007.
Findings, Condusions and Recommendation
City of Kent Hearing Examiner
Merman Bank4 Part U4 Remne
RZ 2005-7, KrVA 02052281
Page 2 of 10
Tejtimony•
The following individuals presented testimony under oath on the rezone application:
Lydia Moorehead, City Planner
Mike Gillespie, City Development Engineering Manager
Beth Tan, PE, City Public Works Department
Paul Nitardy, Cramer Northwest, PE, for Applicants
Christopher Brown, Transportation Engineer, for Applicants
James Tuntland
Michelle McDowell
Sally McDonough
Linda Johnson
Patricia Sjoiln
Attorney Bill Williamson represented the Applicants. Attorney Kim Adams Pratt represented
the City.
Exhibits:
The exhibits identified on Exhibit A were admitted into the record during the open record
hearings on the consolidated applications and appeals. See Exhibit A.
The Hearing Examiner enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearings:
FINDINGS
1. Bill Floten, property owner, and Ted Nixon, architect, (collectively referred to as
'Applicants) requested a zoning map amendment to rezone a 6.3 acre parcel from SR-4.5
Single Family Residential to SR-6 Single Family Residential.3 The property is located at
25840 135th Lane SE, in Kent, Washington.' Exhibit C-1; Exhibit CK-64Ianuary 18, 2006,
Staff Report, pages 1 —2.
Z The Environmental CheckW prepared by the Applicant states that the property measures 257,746 square feet, or 5.8 acres;
the March 16, 2006, Hearing Examiner Decision regarding the Meridian Banks appeal also uses the 5.8 acre measurement.
Exhibit G3;Exhibit G5;Exhibit H-15-H,Hearing Examiner Qeadsiorr ofAfafch 16, 20105 The King County GIS tax parcel
information describes the property as measuring 275,299 square feet, or 6.32 acres. The staff reports prepared by the City of
Kent describe the property as measuring 6.3 acres. Exhibit CK-62;Exhibit 0(63;Exhubit CX-64.
3 Subsequent to filing the rezone request,the Applicant also submitted a preliminary plat application to subdivide the property
into 27 single family residential lots. The preliminary plat application is addressed in a separate decision. ,c!n-.Decision of
Hearing Examiner, Meridian Banks Preliminary Plat File No. SU-2005-11, KIVA # RPP3-2O53169.
'The property is identified by King County tax parcel number 2722059164. Exhibit C-1;Exhibit C71-64,page 1. A legal
description of the property is included on the preliminary plat map and in the Cascade Sewer Easement. Exhibit CX-4O;
Exhibit M-53.
Findings, Conclusions and Recommendaban
City of Kent Nearing Examiner
Meridian Banks, Part III, Rezone
RZ-2005-7, KIVA 02052281
Page 3 of 10
2. The Cityof Kent G determined the rezone application was complete on August 11
(City) PP P 9 ,
2005. Exhibit C-21. The City determined that the preliminary plat application associated with the requested rezone was complete on September 23, 2005. Exhibit M-32. The City
provided notice of the rezone application as required by City ordinance. Exhibit C-12;
Exhibit C-13; Exhibit C-15; Exhibit C-16; Exhibit CK-64, pages 3 and 5.
3. The City acted as lead agency for review of environmental impacts of the proposal as
required by the State Environmental Policy Act (SEPA). Initially, the City separately
reviewed the environmental impacts of the rezone application and preliminary plat
application and issued a Determination of Nonsigniticance (DNS) for the rezone request on
November 18, 2005. Exhibit C-7; Exhibit C-8. The DNS was appealed by James Helm on
December 16, 2005. Exhibit A-7. The Hearing Examiner issued a decision on the appeal
on March 15, 2006, remanding the DNS to the City for review of the environmental impacts _
of the Applicants' proposed rezone and preliminary plat application, with respect to
wetlands, storm drainage, and traffic. ExhibitM-15.H. Pursuant to the Hearing Examiner's
decision, the City combined review of the environmental impacts for the proposed rezone
application and preliminary plat application.5 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 19, 2007. Exhibit B-10. The MDNS included seven
conditions addressing traffic mitigation, pedestrian walkways, compliance with City Critical
Areas Ordinance through plat redesign, protection of wells, use of low-impact development
techniques, minimization of negative impacts to soils, and minimization of grading. The
City received appeals of the MDNS from Bill Floten and Ted Nixon (AP-2007-1) and from _
Sharon Bosse (AP-2007-2). The MDNS appeals are considered separately from the rezone 1
recommendation and are addressed in Parts I and II of the Meridian Banks decisions.
Exhibit CK-63, May 10, 2007 Staff Report; Exhibit M-18; Exhibit 8-10.
4. The Cityprovided notice of the open record hearing associated with the preliminary I
p p g pe rypat
and rezone applications by posting notice on the subject property and mailing notice to-all
owners of property within 300 feet of the subject property on April 27, 2007. The City
published notice of the hearing in the Kent Reporter in compliance with City ordinances.
Exhibit CK-62, Staff Report page 7; Exhibit CK-70; Exhibit CK-71.
5. The property at issue was annexed to the City in 1996 as part of the Meridian Annexation
(Ordinance No. 3241). Based on existing land uses at the time of annexation, the property
S 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 Mens Alliance v.Aubum, 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').
Flndings, Conclusions and Recornmendabon
aty of Kent Hearing Examiner
Meridian Banks,Part Ill,Rezone
RZ-2005-7, WA 02052281 _
Page 4 of 10
was initially zoned 111-9.6, and then changed to SR-4.5 through a 1996 zoning code
update. The Comprehensive Plan Land Use Map designates the property as SF-6, Single
Family Residential, allowing for six dwelling units per acre. In 1997, the City Council
considered and rejected a former property owner's request to change the Comprehensive
Plan designation to LDMF, Low Density Multifamily. The property maintained the SF-6
designation through the 2001 Land Use Plan review and update, the 2004 Land Use Plan
review and update, and through the 2006 Land Use Plan revision. The property is located
within an Urban Growth Area. City of Kent Comprehensive Plan Land Use Element (last
revised May 4, 2006), Land Use Map Rgure 4.7, page 4-53; Exhibit CK-64, pages 2, 3, 7,
and 10.
6. Properties to the north and east of the subject property are zoned SR-4.5, carry the SF-6
Comprehensive Plan designation, and are predominately developed with single-family
residences and some multifamily development. Property to the west is zoned MHP, Mobile
Home Park, and designated as such by the Comprehensive Plan Land Use Map. The
subject property is bordered to the south by Lake Meridian. The Land Use Element
identifies properties along the northern edge of Lake Meridian as vacant and
redevelopable. Cty Comprehensive Plan Land Use Element (last revised May 4, 2006),
Vacant and Redevelopable Land, page 4-17; Comprehensive Plan Land Use Map page 4-
53;6 Exhibit CK-64, page 2.
7. Since the property's annexation in 1996, the City has improved the roadway infrastructure
serving the property and surrounding neighborhoods, increasing traffic capacity in the East
Hill portion of the City. The City has improved the 272nd/277`" Street corridor, providing
improved roadway connectivity and freeway access. The 116t' Avenue SE and Kent-
Kangley Road intersection and a portion of 116th Avenue SE, south of SE 256a' Street has
been widened, Exhibit CK-64, page 10.
8. The subject property 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.' A 6.3 acre parcel of land within the SR-4.5 zoning district
could be developed with 28 lots.e The SR-6 zoning district would permit a maximum
density of 6.05 dwelling units/acre with a minimum lot size of 5,700 square feet, allowing
6 The rezone application was filed prior to the 2006 Comprehensive Plan Land Use Element revision. However,the 2006
revision did not alter the surrounding properties'SF-6 designation under the 2004 Comprehensive Plan Land Use Map and the
identification of properties along Lake Meridian as vacant and redevelopable were not changed with the 2006 Land Use
Element revision.
The maximum density and minimum lot size for the SR-4.5 zoning district is found in KCC 1S.04.170. The City zoning code
has been updated since the Applicant filed the rezone request; however, the lot size and density requirements have remained
the same for the SR-4.5 and SR-6 zones.
a The maximum density calculation for dwelling units per acre in the SR-4.S district is 6.3 acres multiplied by 4.53 dwelling
units/acre = 28.5 dwelling units.
Findings, Qv7dusions and Reco nmendation
City of Kent Hearing Examiner
Meri&an Banks, Part tll,Rezone
RZ-2005--7, KIVA 02052281
Page 5 of 10
for development of up to 38 lots on a 6,3 acre parcel.9 The January 18, 2006 Staff Report
states that even with an approved rezone, the property would not be likely to be developed
at the maximum density allowed as some land would be used for stormwater management,
roadways, and other improvements. KCC 15.04.170; Exhibit CK-64, page 2.
9. The Applicants have proposed development of 27 lots, a stormwater drainage tract, and a
new public road. The proposed preliminary plat would have a gross density of 4.3 dwelling
units per acre.10 The proposed lots would comply with the SR-6 minimum lot size and
setback requirements. Lydia Moorehead, City Planner, testified that if the City Council
denies the rezone request, the Applicants would need to reconfigure the preliminary plat to
comply with the SR-4.5 zone standards. The 19 residential units currently on the property
would be removed with plat development. Exhibit CK-62, pages 1, 12, and 18; Exhibit CK-
64, pages 1 and 5; Testimony of Ms Moorehead,
e having "the central role of
10.The Comprehensive Plan describes the Land Use Element as ng e
defining the direction of the Comprehensive Plan, and thereby defining the vision of the
community." Gty Comprehensive Plan, Land Use Element, page 4-2.11 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 promoting new development to
meet target housing goals, requiring a minimum density of four units per acre, locating
new development near existing services, and encouraging variety in densities, housing
types, and lot sizes. Housing Element goals and policies encourage attractive
neighborhoods by promoting home ownership and providing for a variety of housing types
and site designs to meet projected residential needs. Where appropriate, zoning codes _
may be revised to increase the supply of affordable housing options such as small lot sizes.
Transportation Element goals and policies support the coordination of land use and
transportation planning to ensure sufficient transportation infrastructure to serve new
development.12 City Comprehensive Plan, Land Use Element (last revised May 4, 2006),
pages 4-26, 4-32 and 4-33; City Comprehensive Plan, Housing Element(2004), pages 6-11
9 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 6.3 acres multiplied by 6.05 dwelling units/acre = 38.1 dwelling
units.
10 The gross density calculation Is 27 dwelling units divided by 6.3 aues=4.3 dwelling units per acre.
11 This section of the Land Use Element was not revised with the 2006 Land Use Element revision.
12 In the January 18, 2006 staff report,the City identified the following Comprehensive Plan goals and policies as particularly
relevant to the rezone request:Land Use Element Goals LU-9 and LU-10,and Policies LU-9.1,LU-9.4,and LU-10.4(these
goals and policies were not changed with the 2006 Land Use Element revision); Housing Element Goals H-2, H-5,and H-7,
and Policies H-2.2, H-5.1,H-5.2,H-5.3,and H-7.5; and Transportation Element Goal TR-1 and Policies TR-1.2 and TR-1.5. City
Comprehensive Plan, Land Use Element(last revised May 4,2006),pages 4-26, 4-32 and 4-33,Gty Comprehensive Plan,
Housing Element(2004),pages 6-11—6-14 Gty Comprehensive Plan, Transportation Element(2004),page 9-40;Exhibit CK-
64,pages 6—9.
Findings, Conclusions and Recommendabon
Gty of Kent Hearing Examiner
Meridian Banks, Part 111,Rezone
RZ-2005-7, KNA 02052281 _
Page 6 of 10
— 6-14; City Comprehensive Plan, Transportation Element (2004), page 9-40; Exhibit CK-
64, pages S—9.
II.The property would be accessed from SE 258"h Street. The property also has street
frontage along 135a' Avenue SE. The Applicants proposed construction of a "U"-shaped
roadway to provide internal access to the proposed subdivision. The rezone itself would
not generate increased traffic on SE 258 h Street and in the surrounding neighborhood.
However, the City determined that the preliminary plat associated with the rezone would
generate nine new PM peak hour trips. The Applicants would address traffic impacts
through the construction of street frontage improvements and the payment of traffic
mitigation fees. The Applicants would either construct a sidewalk along the east side of
135 Avenue SE between SE 258t' Street and SE 256"' Street, or, at the sole discretion of
the Public Works Director, may pay a fee-in-lieu of construction. Exhibit CK-64, page 4;
Exhibit M-18; Exhibit B-10.
12.Sally McDonough testified that the requested rezone would not be consistent with the
Comprehensive Plan goals and policies protecting water quality and the environment in
general. She submitted excerpts from Wetlands in Washington $fate. Volume 2: Guidance
for Protecting and Managing Wetlands. Linda Johnson testified regarding her concern that
more development in the area would lead to more homes, people, and traffic, disturbing
the serenity of the neighborhood. Michelle McDowell testified that she believed a rezone
would be incompatible with existing development and could adversely affect the health,
safety, and general welfare by contributing to school overcrowding. She noted that the
City Council has imposed a moratorium on rezones in the Lake Meridian area. Ellyn Ricker,
Lake Meridian Resident, submitted a letter of public comment at the May 10, 2007 open
record hearing. Ms. Ricker expressed concern that approval of the rezone request would
negatively impact school district infrastructure and would result in overcrowding of area
schools. David and Deborah Herron sent a comment letter dated April 30, 2007,
expressing concern that approval of the rezone request would increase traffic on the lake
and vehicle traffic on 256 h, impacting wildife and the quiet lake-side atmosphere. The
Herrons also expressed concern that approval of the rezone would set a precedent making
it difficult to stop additional development. Exhibit CK-65; Exhibit CK-66; Exhibit CK-68;
Exhibit CK-69; Testimony of Ms. McDonough; Testimony of Ms Johnson; Testimony of Ms.
McDowell.
13.The Hearing Examiner's decision of March 15, 2006, states that "Any testimony at the
continued hearing on the rezone application must relate to any new information that is
provided in the environmental review process that was not available at the time of the
*hearings in February [2006]." Exhibit*15H, page 23. Ms. Moorehead testified that with
the environmental review required by the Hearing Examiner in his March 15, 2006 decision,
the City Planning Department continues to recommend granting the rezone request. She
testified that the rezone requested was vested at the time of application, prior to the
Findings, condusions and Recommendation
Clty of Kent Hearing Examiner
Mendlan Banks, Part 111,Rezone
RZ-2005-7,XrVA �*2051281
Page 7 of 10
compliance rezone moratorium. Traffic impacts would be mitigated through with the MDNS
conditions. The City identified lake fringe wetlands along the property's southern border
with Lake Meridian. Protection of wetlands would be addressed through preliminary plat
conditions and compliance with MDNS conditions. The City determined the Applicants'
technical information report and preliminary stormwater detention treatment plans are
consistent with the 2002 City of Kent Surface Water Design Manual and the 1998 King
County Surface Water Design Manual. Exhibit CK-1; Exhibit CK-2; Exhibit CK-3; Exhibit CK-
4; Exhibit CK-S; Exhibit CK-38; Exhibit CK-39; Exhibit CK-43; Exhibit CK-44; Exhibit CK-63;
Exhibit M-18; Exhibit 8-10, Testimony of Ms. Moorehead.
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 Chapters 2.32, 12.01 and 15.09 Kent City Code
(KCC).
Criteria for Review
KCC 15.09.050.0 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;
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity; ,
3. The proposed rezone will not unduly burden the transportation system in the
vicinity of the property with significant adverse impacts which cannot be
mitigated;
4. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and general
welfare of the citizens of the City of Kent.
KCC 15.09.050.C.
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 subject property and other properties along the northern
edge of Lake Meridian are identified as vacant or redevelopable. Properties to the north
and east of the subject parcel are also designated SF-6 under the Comprehensive Plan.
Findings, condusions and Rernmmerdabbn
Qy of Kent HearkV Examher
Meridian Banks, Part III,Rezone
RZ-1005--7, KIVA 02052181
Page 8 of 10
U
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. 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
,r goals and policies. Development of the property would include improvements to area
streets, consistent with Transportation Element goals. Future development would be
conditioned to ensure consistency with development regulations adopted pursuant to the
Comprehensive Plan. Findings 1, 3, 5, 6, 10, 11, 13.
2. The proposed rezone and subsequent development would be compatible with
the existing neighborhood. Subsequent development of the property would be single-
family residential, in a single-family residential neighborhood. Surrounding properties are
developed with single family and multifamily residences, and property to the west is
developed with a mobile home park. Properties to the north and east of the subject parcel
are designated SF-6 under the Comprehensive Plan. It is unlikely that the property would
be developed at the maximum density allowed due to land requirements for roadways,
stormwater drainage systems, and other improvements. Findings 1, 5, 6, 8, 9, 13.
3. The proposed rezone would not unduly burden the transportation system. The
proposed rezone itself would not generate increased traffic. The Applicants would address
traffic impacts resulting from the proposed preliminary plat associated with the rezone by
constructing street improvements on 136t' Avenue SE and SE 258rn Street and paying a
traffic mitigation fee. The Applicants would construct sidewalks along the east side of
135a' Avenue SE between SE 258t' Street and SE 256"' Street, or at the sole discretion of
' the Public Works Department may be permitted to pay a fee-in-lieu of construction.
Finding 11.
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. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I,
1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). Here, the
property has been classified as SF-6 by the City Comprehensive Plan since annexation in
1996. The rezone request and associated plat development would implement the 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. Improvements to transportation
infrastructure would support the additional traffic arising out of any future development.
Changed circumstances include roadway improvements of the 272 /277t Street corridor,
Frndings, Conclusions and Rewnvnendabbn
City of Kent Hearing Examiner
Meridian Banks, Pait Ill, Rezone
RZ-2005-7, KIVA 02052281
Page 9 of 10
the intersection of Ile Avenue SE and Kent-Kangley Road, and a portion of Ile Avenue
SE, increasing traffic capacity and providing improved roadway connectivity and freeway _
access. The rezone request was filed prior to the moratorium imposed by the City Council.
Findings 1, 5— 7, 10, 12, 13.
S. 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 City reviewed the requested rezone and associated
preliminary plat application, with particular attention to wetlands, storm drainage, and
traffic impacts, and determined that 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 density designated by the Comprehensive Plan. Future
development would be conditioned to address impacts on local services, including school
districts, parks, stormwater systems and transportation facilities; conditions would also
require protection of water quality and the environment in general.
Findings 1 - 13.
RECOMMENDATIO14
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone from SR-4.5 to SR-6 of a 6.3 acre parcel, King County Tax Parcel
Number 2722059164, located at 25840 135 h Lane SE, in Kent, Washington, be GRANTED
without conditions.
DATED this day of October 2007.
T4 ��
THEODORE PAUL HUNTER
Hearing Examiner
Findings, Conclusions and Recommendation
Gty of Kent Hearing Examiner
Meridian Banks, Part Ill, Rezone
RZ-2005--7, KIVA 02052281
Page Io of 10
ATTACHMENT A
EXHIBITS
Exhibit list from May 10, May 23, and August 15, 2007
Meridian Banks Consolidated Open Record Hearing
CITY'S EXHIBITS
[NOTE: The City submitted 163 exhibits, identified by "C" prefix in the Findings, for the February 1
and 15, 2006, consolidated rezone/SEPA open record hearing (see page 7). The following
City exhibits identified by "CK" prefix were admitted during the May 10, May 23, and August
15, 2007 consolidated open record hearing.]
CK-1. City of Kent Wetland Inventory Maps - Map #655NW
CK-2. Data sheets completed by Teresa Vanderburg, dated July 12, 2006 — 5 pages
CK-3. Chad Armour, LLC — Critical Areas Assessment and Delineation Study, dated May 24, 2006,
received June 14, 2006
CK-4. Habitat Technologies — Onsite Wetland Delineation Study, dated September 25, 2006,
received October 23, 2006
CK-5. Habitat Technologies — Wetland Field Mapping — Feld Graphic Figure 9 Calculated Areas of
Wetland Vegetation — Wetland area added per City of Kent, dated November 17, 2006 (This
exhibit is the attachment to Exhibit No. CK-30)
CK-6. The Washington State Wetland Identification & Delineation Manual — General Reference
available for review at City Attorneys Office
CK-7. Classification of Wetlands and Deepwater Habitats of the United States (USFWS, December
1979, Cowardin, et al.) - General Reference available for review at City Attorneys Office
CK-8. 2002 and 2006 aerial photos from City of Kent GIS
CK-9. 18 color photos taken by Erin Fehringer on October 31, 2006
1 CK-10. Memo from Erin Fehringer to Mike Mactutis titled "Meridian Banks Potential Wetland Issue,"
dated October 13, 2005, with relevant excerpts and references
CK-11.Memo from Erin Fehringer to Mike Mactutis titled "Meridian Banks Code Violation," dated
November 7, 2005, with attached photos
CK-12. Correspondence from Larry Blanchard to Ted Nixon titled "Meridian Banks Wetland Delineation
Report," dated November 8, 2005
CK-13. Correspondence from Erin Fehringer to Bill Floten/Floten Investments, II, LLC, dated
November 9, 2005
CK-14.Memo from Erin Fehringer to Wetland File No. 05-26, dated November 14, 2005
CK-15. Correspondence from Mike Mactutis to Ted Nixon/Campbell Nixon & Associates, dated
November 17, 2005
CK-16. Correspondence from Molly Lawrence/Buck & Gordon to Erin Fehringer, dated November 23,
2005
CK-17.Correspondence from Molly Lawrence/Buck & Gordon to Kim Marousek/SEPA Responsible
Official, dated December 2, 2005
CK-18. Correspondence from Erin Fehringer to Molly Lawrence/Buck & Gordon, dated December 6,
2005
CK-19.Teresa Vanderburg of Adolfson Associates, Inc.'s wetland determination, conducted November
8, 2005, written copy dated December 5, 2005, received December 13, 2005
CK-20.Correspondence from Molly Lawrence/Buck & Gordon to Erin Fehringer, dated December 20,
2005
CK-21. Correspondence from Ted Nixon/Campbell Nixon & Associates to Larry Blanchard, dated
February 24, 2006
CK-22.Correspondence from Erin Fehringer to Ted Nixon/Campbell Nixon & Associates, dated
March 13, 2006
CK-23.Correspondence from Teresa Vanderburg to Eric Fehringer, dated July 19, 2006
CK-24. Correspondence from Erin Fehringer to Ted Nixon/Campbell Nixon & Associates, dated July
19, 2006
CK-25.Correspondence from Alison Moss/Dearborn & Moss to Lydia Moorehead, dated July 30, 2006
CK-26.Correspondence from Alison Moss/Dearborn & Moss to Lydia Moorehead, dated
October 11, 2006 _
CK-27. E-mail correspondence from Lydia Moorehead to Alison Moss/Dearborn & Moss, dated
October 20, 2006
CK-28. Correspondence from Teresa Vanderburg to Eric Fehringer, dated November 8, 2006
CK-29. Correspondence from Kim Adams Pratt to Bill Williamson, dated November 16, 2006
CK-30. Correspondence/Revised Wetland Delineation Report from Erin Fehringer to Ted
Nixon/Campbell Nixon & Associates, dated November 17, 2006. (The exhibit referenced in
this correspondence is listed as a separate exhibit, Exhibit No. CK-S) ,
CK-31.Correspondence from Kim Adams Pratt to Bill Williamson, dated December 4, 2006
CK-32. Curriculum Vitae of Teresa Vanderburg
CK-33. City of Kent Surface Water Design Manual, May 2002 - General Reference available for review
at City Attorneys Office
CK-34. Excerpts from the City of Kent Surface Water Design Manual, May 2002, Section 1.2
CK-35. Excerpts from the City of Kent Surface Water Design Manual, May 2002, Section 1.4
CK-36. 2004 Blanket Adjustments 2004-1 and 2004-2 for the 2002 City of Kent Surface Water Design -
Manual
CK-37. Excerpt from King County 1998 Surface Water Design Manual, Section 6.1.3
CK-38. Preliminary Technical Information Report prepared by Cramer Northwest, dated August 4,
2005
CK-39. Preliminary Technical Information Report prepared by Cramer Northwest, dated May 16, 2006
CK-40. Meridian Banks Subdivision Site Plan by CNA Architects, received August 29, 2005
CK-41. Five (5) color photos and narrative regarding the pedestrian walkway path, taken by Jim
Storment on March 20, 2007
CK-42. Institute of Transportation Engineers' Trip Generation Rates, Plots and Equations used to
calculate Single-Family Detached Housing
CK-43.Conceptual Drainage Plan Map (Existing Condition) by Cramer Northwest, dated
August 4, 2005, received August 29, 2005
CK-44. Conceptual Drainage Plan Map (Post Development) by Cramer Northwest, dated
August 4, 2005, revised May 16, 2006, received December 8, 2006
CK-45. E-mail correspondence between Larry Blanchard, Mike Mactutis, Ted Nixon, and Larry
Krueger, Cramer Northwest, dated July 13-July 19, 2005
CK-46. E-mail correspondence to/from Mike Mactutis and Ted Nixon, dated July 29, 2005
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 2of13
CK-47.Correspondence from Planner, Lydia Moorehead, to Ted Nixon, CNA Architects, regarding:
Notice of Completeness and Public Notice Board Requirements, dated September 23, 2005
CK-48. Correspondence from Beth Tan to Larry Krueger, Cramer Northwest, dated October 21, 2005
CK-49.Correspondence from Beth Tan to Larry Krueger, Cramer Northwest, dated April 17, 2006
CK-50.Correspondence from Larry Krueger, Cramer Northwest, to Beth Tan, dated May 16, 2006
CK-51. Correspondence from Beth Tan to Larry Krueger, Cramer Northwest, dated July 28, 2006
CK-52. Correspondence from Ted Nixon, CNA Architects, to Community Development Department,
dated October 9, 2006
CK-53.Correspondence from Beth Tan to Larry Krueger, Cramer Northwest, dated December 5, 2006
CK-54. Correspondence from Ted Nixon, CNA Architects, to Beth Tan, dated December 7, 2006
CK-55.Correspondence from Bill Williamson to Kim Adams Pratt, dated December 15, 2006
CK-56.Correspondence from Planner, Lydia Moorehead, to Ted Nixon, CNA Architects, dated
December 18, 2006
CK-57.Comment letter from James and Karen Tuntland, dated January 31, 2007, received February
2, 2007
CK-58.Comment letter from Sharon Bosse, dated February 2, 2007, received February 2, 2007
CK-59.Comment letter from Charlie and Linda Denny, dated February 5, 2007, received February 7,
2007
CK-60. Comment letter from Charlie Denny, dated February 6, 2007, received February 7, 2007
CK-61.Comment letter from Tim and Vicki Kriss, received February 7, 2007
CK-62. Staff Report for May 10, 2007 Hearing Examiner Meeting — Meridian Banks Preliminary Plat
SU-2005-11/ KIVA RPP3-2053169
CK-63.Staff Report for May 10, 2007 Hearing Examiner Meeting — Meridian Banks Rezone RZ-2005-7
/
KIVA 2052281
CK-64.Staff Report for January 18, 2006 Hearing Examiner Meeting — Meridian Banks Rezone
jRZ-2005-7 / KIVA 2052281
CK-65.Public Comment from Michelle McDowell with attached 2007-2008 High School Boundaries
Scenario C-2 and excerpts of ENV-2007-8(A) and (B) Reconciling Single Family Zoning and
Land Use Map Designations and Parks and Open Space Designations, Comprehensive Plan EIS
— Addendum, pages 2 and 3
1 CK-66.Public Comment from Sally McDonough with attached excerpts from Wetlands in Washington
State Volume 2 (April 2005)
CK-67.Wetlands in Washington State Volume 2, page 2-5; Wetlands in Washington State Volume 1
(March 2005), pages 3-7 and 3-11; one page excerpt from Protecting Water Resources with
Smart Growth, Section I; print-out of KCC 15.04.170 Agricultural and residential zone
development standards; one page excerpt from Single Family Designations Reconciliation
Aggregated Survey Response Data (Fall 2006); Hearing Examiner Decision of March 15, 2006
File No. AP-2005-5 / KIVA 2054971
CK-68.Public comment letter from Ellyn Ricker to City, dated May 7, 2007
CK-69 Public comment letter from David and Deborah Herron to Lydia Moorehead, dated April 30,
2007
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 3 of 13
CK-70.Notice of Public Hearing with Affidavit of mailing, posting, and publication, dated April 30,
20071 including mailing list
CK-71.Distribution of Hearing Examiner Materials, declaration of service, dated May 4, 2007
CK-72.Addendum to Meridian Banks Subdivision Staff Report, prepared for hearing July 25, 2007 ;
CK-73.Memo from Erin Fehringer dated June 15, 2007
CK-74.Letter from Thomas Deming, dated May 27, 2007
CK-75.Voluntary Shoreline Restoration Plan, received June 4, 2007
CK-76.Preliminary Plat Application, with site map; Certificate of Water Availability dated
March 15, 2005; proposed water connection map, dated March 9, 2005; Certificate of Sewer
Availability, dated April 19, 2005; proposed sewer connection map, dated March 22, 2005
MERIDIAN BANKS' EXHIBITS
M-1-12(Applicants Exhibits admitted at February 1 and 15, 2006 consolidated hearing)
M-13. Same as CK-54
M-14. Same as Cl(-29
M-15. Notice of Appeal and Appeal Statement dated November 30, 2006, with attached exhibits:
A. Letter from Erin Fehringer to Ted Nixon, dated November 17, 2006 - Same as CK-30,
M-26
B. Letter from Bill H. Williamson to City of Kent, dated November 9, 2006, with exhibits —
Same as M-25, 8-8
C. Letter from Larry Blanchard to Ted Nixon, dated March 4, 2005 — Same as C-19, M-1
D. Letter from Erin Fehringer to Bill Floten, dated November 9, 2005 — Same as
CK-13, M-41
E. Letter from Bill Floten to Erin Fehringer, dated December 20, 2005 — Same as CK-20, M-
3D,
M-45
F. Letter from Lydia Moorehead to Ted Nixon, dated July 11, 2005 — Same as M--11, M-17
G. Letter from Larry Blanchard to Ted Nixon, dated November 8, 2005 — Same as CK-12
H. Findings, Conclusions and Decision of Hearing Examiner, Meridian Banks
#AP-2005-5, dated March 15, 2006 — Same as B-7
M-16. King County Code 16.82.050 and 21.54.280
M-17. Tentative Plat letter from City to Ted Nixon, dated July 11, 2005 — Same as M-11, M--15F
M-18. Environmental Review Report of Lydia Moorehead, dated January 19, 2007
M-19. Same as CK-52
M-20. Kent City Code 11.06.040 Exemptions for utilities and associated structures and residential
structures and landscaping
M-21. Same as CK-26
M-22. Same as CK-64
M-23. Letter from Kim Marousek to Attorney Williamson, relating to: Consolidation of all open record
appeals with open record plat proceedings, dated December 18, 2006
M-24. Same as CK-56
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 4 of 13
M-25. Removal of Stay letter from Attorney Williamson, relating to: Pending adjudicative rezone
proceedings with attachments, dated November 9, 2006 — Same as B-8, M-15B
M-26. Same as CK-30, M-15A
M-27. Appel la nt's/Applica nt's Second Notice of Appeal & Appeal Statement, dated January 30, 2007;
referencing attachments, including Floten / Nixon Comments - Error Statements for Appeal of
Kent MDNS dated January 19, 2007
M-28. Same as CK-551 M-31
M-29. Submittal of Comprehensive Plan Text and Zoning/Development Code Amendment (Docket
2006-3) submitted by the Lake Meridian Community Association, received September 1, 2006
M-30. Letter to City Council by John Marovich opposing Meridian Banks plat, October 24, 2005
M-31. Same as CK-55, M-28
M-32. Same as CK-47
M-33. Same as CK-28
M-34. Letters from Lake Meridian residents and Board Members to Kent City Mayor and
Councilmembers in opposition to the adjudicative rezone of the Floten "cabin" property
tM-35. Memorandum from Long Range Planner, William Osborne, to Jon Johnson, Land Use and
Planning Board Member, dated October 16, 2006, with attached Petition and comments from
various residents near Lake Meridian
M-36. Agenda of Kent Land Use & Planning Board Hearing of March 26, 2007, including report of
Kent Department of Community Development, regarding: Comprehensive Plan Amendment
CPA-2006-5, Reconciling Single Family Zoning & Land Use Designations for Lake Meridian Sub-
Basin
M-37. DVD video copy of testimony, arguments, consideration and public in attendance at the Kent
Land Use & Planning Board Hearing of March 26, 2007 (Ordered by Appellants from City on
April 16, 2007)
M-38. Sensitive Areas Map — METROKC.gov, dated March 10, 2007
M-39. RCW 90.58.190 provisions relating to adoption of Shoreline Master Plans
M-40. Kent's Comprehensive Plan Land Use Element with Shoreline Management Program —
Appendix C & applicable Section 4.7, dated March 8, 2004
M-41. Same as CK-13, M-15D
M-42. Same as CK-16
M-43. Same as CK-17, A1-2
M-44. Same as CK-18, M-3B
M-45. Same as CK-20, M-3D, M-15E
M-46. Memo from Chris Brown to Ted Nixon, regarding: Traffic Impacts, dated February 1, 2007
M-47. Aerial of Site Vicinity showing inventory of Wetlands
M-48. Aerial of Site and vicinity — King County Records 2005
M-49. Cascade Sewer District drawing documenting fill along shoreline, dated October 1, 1974
M-50. Response letter from Ted Nixon to Lydia Moorehead, dated June 14, 2006, in response to
Lydia Moorehead's letter of November 4, 2005
M-51. Update letter to Bill Floten from Tom Deming, regarding: Fringe Wetlands dated January 21,
2006
M-52. Subdivision standards at time of vestment
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 5 of 13
M-53. Cascade Sewer Easement, dated October 18, 1986 -
M-54. Existing site photographs of property (7 photos)
M-55. Historical photos 1936 — 1996 (5 photos)
M-56. Historical Assessor's documents of buildings (7 pages)
M-57. Photos of adjacent property (east showing fill and waterfront) (2 photos)
M-58. New construction activities along Lake Meridian Summer 2006 (8 photos)
M-59. Photos of Lake Meridian shoreline, undated (2 photos)
M-60. Critical Areas Assessment, dated April 26, 2006
M-61. Same as CK-11
M-62. Lake Meridian Upstream drainage map by Cramer NW
M-63. Lake Meridian Water Quality brochure from the City of Kent
M-64. Pollution Sources brochure from the City of Kent
M-65. Mapped Wells from King County imap, dated September 12, 2006
M-66. Letter from Alison Moss to Michael Regeimbal, dated May 15, 2006, with attachments
M-67. Excerpt from Ordinance No. 3746
M-68. Native Plant Area Evaluation issued by CNA Architects, dated May 22, 2007
M-69. Colored version of Revised Plat
M-70. Declaration of Ted Nixon (NOT ADMITTED)
M-71. Declaration of Bill Floten (NOT ADMITTED)
M-72. Email containing eight photos, dated July 10, 2007
M-73. Letter from Tom Deming to Bill Floten and Ted Nixon, dated' May 27, 2007, regarding:
Voluntary Shoreline Restoration Plan - Same as CK-74
Attachment A, List of Exhibits
City of Kent Hearing Examiner _
Meridian Banks'Appeals
Page 6 of 13
SHARON BOSSE'S EXHIBITS
[NOTE: At the February 1 and 15, 2006, consolidated hearing, the Appellant, James Helm, submitted
seven exhibits identified by "A" Prefix in the Findings. The following Exhibits are identified by
"B" Prefix in the Findings.)
B-1. Letter from Department of Fish and Wildlife to the City of Kent, dated September 26, 2000
B-2. City of Kent Surface Water Design Manual 2002
B-3. Same as CK-13
B-4. Same as CK-30
B-5. Same as CK-19
B-6. Same as CK-18
B-7. Same as M-15H
B-8. Same as M-156, M-25
B-9. Same as M-18
B-10. Mitigated Determination of Nonsignificance, dated January 19, 2007
B-11. Same as CK-58
B-12. Various photos of the subject property
B-13. Print-out of webpage re Chinook Salmon population
B-14. Amended Kent School District map
B-15. Bosse SEPA Appeal, received February 16, 2007
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Attachment A, List of Exhibits
city of Kent Hearing Examiner
Meridian Banks'Appeals
Page 7 of 13
Exhibit list from March 15, 2006 Hearing Examiner Decision,
File No. AP-2005-5 / KIVA 2054971
APPELLANT JAMES HELM'S EXHIBITS
A-1. Aerial Photographs of site
A-2. Sensitive Areas Map from King County iMAP website
A-3. Excerpt from the Soos Creek Basin Plan, including pages i, 1, 3, 11, 24, and 38
A-4. Letter from Teresa Vanderburg, Adolfson Associates, Inc., to Erin Fehringer, City of Kent,
dated December 5, 2005
A-5. Table of lot sizes at Lake Meridian
A-6. Photographs of Lake Meridian and wildlife (13 pages with 54 photos total)
A-7. Appeal letter dated December 15, 2005, received December 16, 2005
CITY S EXHIBITS
C-1. Zoning Map Amendment (Rezone) Application with attachments, dated June 30, 2005
C-2. Rezone Submittal Item A from CNA Architects, received June 30, 2005
C-3. Environmental Checklist, received June 30, 2005
C-4. Site Plan prepared by CNA Architects, received June 30, 2005 ,
C-5. Resubmittal Form, dated July 21, 2005
C-6. Addendum to SEPA Checklist, received July 21, 2005
C-7. Determination of Nonsignificance (DNS) and Certificate of Posting, dated November 18, 2005
C-8. Environmental Review Report Decision Document, dated November 18, 2005
C-9. Distribution of SEPA material — Determination of Nonsignificance, dated November 18, 2005 _
C-10. Public Notice of SEPA Threshold Determination, dated November 18, 2005
C-11. Routing slip sent July 1, 2005, with comments from Peterson and Flemm
C-12. Notice of Application for Rezone, dated August 19, 2005
C-13. Distribution of Notice of Application material on August 19, 2005
C-14. Ordinance No. 3241
C-15. Affidavit of Publication from King Coun[yJourna/of Notice of Application, dated September 5, ,
2005
C-16. E-mail correspondence to/from King County Journal to publish Notice of Application, dated
August 16, 2005
C-17. E-mail correspondence to/from King County Journa/to publish SEPA Threshold Determination,
dated November 15, 2005
C-18. E-mail correspondence from Ivana Halvorsen, Barghausen Consulting Engineers, Inc. to
Planner, Lydia Moorehead, dated October 19, 2005
C-19. Correspondence from Larry Blanchard to Ted Nixon, dated March 4, 2005
C-20. Correspondence from Lydia Moorehead to Ted Nixon, CNA Architects, regarding: Notice of
Incompleteness, dated July 19, 2005
C-21. Correspondence from Planner Lydia Moorehead to Ted Nixon regarding: Notice of
Completeness and Public Notice Board Requirements, dated August 11, 2005
C-22. Correspondence to residents, regarding: Comment letters received, dated September 2, 2005
C-23. Comment letter from Charlie and Linda Denny, dated August 21, 2005
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 8 of 13
C-24. Comment letter from James and Karen Tuntland, dated August 26, 2005
C-25. Comment letter from Laurin McElheran, dated August 26, 2005
C-26. Comment letter from Carole and Rod Hollon, dated August 27, 2005
C-27. Comment letter from Monica Belisle, dated August 27, 2005
C-28. Comment letter from Gary P. Davis, dated August 28, 2005
C-29. Comment letter from Ron Bartels, Ph.D., dated August 28, 2005
C-30. Comment letter from Thomas and Julie Oresman, dated August 28, 2005
C-31. Comment letter from Richard and Ellyn Ricker, dated August 28, 2005
C-32. Comment letter from Nancy McElheran, dated August 28, 2005
' C-33. Comment letter from Jerry and Mary Whitten, dated August 28, 2005
C-34. Comment letter from Michael and Holly Long, dated August 28, 2005
C-35. Comment letter from Rod Hoffman, dated August 28, 2005
C-36. Comment letter from Leonard and Rebeca Pyper, dated August 29, 2005
C-37. Comment letter from Lulu Gerber, received August 29, 2005
C-38. Comment letter from Wendy Bosha and Sharon Bosse, dated August 29, 2005, with attached
data sheet and HAP
C-39. Comment letter from Angelo Flores, dated August 29, 2005
C-40. Comment letter from Ann and Jeff Markley, dated August 29, 2005
C-41. Comment letter from Michael and Julia Moriarty, dated August 29, 2005
C-42. Comment letter from William T. Thompson, dated August 29, 2005
C-43. Comment letter from Linda Denny, dated August 30, 2005
C-44. Comment letter from Linda Rae Johnson, dated August 30, 2005
C-45. Comment letter from Duane Fleck, received August 30, 2005
C-46. Comment letter from Chester L. and Kathleen Dunkel Ekstrand, dated August 30, 2005
C-47. Comment letter from Christina Adair, dated August 30, 2005
C-48. Comment letter from Georgia Wardall, received August 31, 2005
C-49. Comment letter from J. Martin Anderson, received August 31, 2005
C-50. Comment letter from Warren and Marian Metzger, received August 31, 2005
C-51. Comment letter from Sally A. and R. Brian McDonough, dated August 31, 2005
C-52. Comment letter from Dennis C. Tyler, dated September 2, 2005
C-53. Comment letter from Sandy Reeder, received September 2, 2005
C-54. Comment letter from Steve and Michelle McDowell, with attached photographs, received
September 2, 2005
C-55. Comment letter from Clinton and Betty Pozzi, received September 2, 2005
C-56. Comment letter from Danene M. Saggau, received September 2, 2005
C-57. Comment letter from John and Margaret Stewart, received September 2, 2005
C-58. Comment letter from Jerry and Katherine Hamilton, received September 2, 2005
C-59. Comment letter from Ameil, Ivana, Thomas, and Philip Urban, received September 2,
2005
C-60. Comment letter from Carol and Sam Vass, received September 2, 2005
C-61. Comment letter from Donald West, received September 2, 2005
C-62. Comment letter from Claude and Marie White, received September 2, 2005
C-63. Comment letter from Barb Williams, received September 2, 2005
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 9 of 13
C-64. Comment letter from Staci Whitehouse, received September 2, 2005
C-65. Comment letter from Dorothy Meyer, received September 2, 2005
C-66. Comment letter from David R. Mitchell, received September 2, 2005
C-67. Comment letter from Ron and Joyce Norwood, received September 2, 2005
C-68. Comment letter from Michael and Monica O'Neil, received September 2, 2005
C-69. Comment letter from Robert C. Martin, received September 2, 2005
C-70. Comment letter from Arthur Dean Jacot, received September 2, 2005
C-71. Comment letter from Scotty Johnson, received September 2, 2005
C-72. Comment letter from Viola K. Johnson, received September 2, 2005
C-73. Comment letter from Alan MacLurg, received September 2, 2005
C-74. Comment letter from Barbara Baldwin, received September 2, 2005
C-75. Comment letter from Don and Juanita Bell, received September 2, 2005
C-76. Comment letter from Carol and Jim Boespflug, received September 2, 2005 ,
C-77. Comment letter from Steven Brothers, received September 2, 2005
C-78. Comment letter from Thomas and Cassandra Brotherton, received September 2, 2005
C-79. Comment letter from Gregory Byler, received September 2, 2005
C-80. Comment letter from Charles Chahanovich, received September 2, 2005
C-81. Comment letter from Debora Childress, received September 2;2005 ,
C-82. Comment letter from David Coates, received September 2, 2005
C-83. Comment letter from Linda Austin, received September 2, 2005
C-84. Comment letter from Robert Schuweiler, received September 2, 2005
C-85. Comment letter from Bruce and Linda Axworthy, received September 2, 2005
C-86. Comment letter from John Morovich, received September 2, 2005
C-87. Comment letter from Richard D. Lamb, received September 2, 2005
C-88. Comment letter from Tom and Terri Charlesworth, dated August 29, 2005, received September
6, 2005
C-89. Comment letter from Ann Helm, dated September 1, 2005, received September 6, 2005 ,
C-90. Comment letter from Mrs. Louis Agledal (Laura) received September 6, 2005
C-91. Comment letter from Audrey Agledal, received September 6, 2005
C-92. Comment letter from Timothy and Vicki Kriss, received September 7, 2005
C-93. Comment letter from Douglas G Carrossino, received September 7, 2005
C-94. Comment letter from Steve V. Lund, received September 12, 2005
C-95. Comment letter from CNA Architects, dated September 14, 2005
C-96. Memo from Erin Fehringer to Mike Mactutis titled "Meridian Banks Potential Wetland Issue,"
dated October 13, 2005
C-97. Correspondence from Larry Blanchard to Ted Nixon titled "Meridian Banks Wetland Delineation
Report," dated November 8, 2005
C-98. City of Kent Wetland Inventory Maps - Map #655NW ,
C-99. Teresa Vanderburg of Adolfson Associates, Inc.'s wetland determination, conducted November
8, 2005, written copy received by City December 5, 2005
C-100.Comment letter from Danene M. Saggau, D.C., dated November 14, 2005, received November
28, 2005
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 10 of 13
C-101.Comment letter/e-mail from Bruce Anworthy, dated November 29, 2005, received November
29, 2005
C-102.Comment letter/e-mail from Michelle McDowell, received November 29, 2005
C-103.Comment letter from John T. Stewart, dated November 29, 2005, received December 1, 2005
C-104.Comment letter from Diane Lampe, dated November 29, 2005, received December 2, 2005
C-105.Comment letter from Michael Robinett, dated November 29, 2005, received December 2, 2005
C-106.Comment letter from Carole C. Millam, dated November 29, 2005, received December 2, 2005
C-107.Comment letter from Mary M. Gehring, dated November 29, 2005, received December 2, 2005
C-108.Comment letter from Sharon Moen, dated November 29, 2005, received December 2, 2005
C-109.Comment letter from Wanda M. Kolding, dated November 29, 2005, received December 2, 2005
C-110.Comment letter from Patricia Krippaehne Herron, dated November 29, 2005, received
December 2, 2005
C-111.Comment letter from Thomas Herron, dated November 29, 2005, received December 2, 2005
C-112.Comment letter from Cass Brotherton, dated November 29, 2005, received December 2, 2005
C-113.Comment letter from Ellyn Ricker, dated November 29, 2005, received December 2, 2005
C-1 14.Comment letter from Richard Ricker, dated November 29, 2005, received December 2, 2005
C-115.Comment letter from Brian and Tina Lannoye, dated November 29, 2005, received
December 2, 2005
C-116.Comment letter from Janet S. Martell, dated November 29, 2005, received December 2, 2005
C-117.Comment letter from Richard T. Tartell, dated November 29, 2005, received December 2, 2005
C-118.Comment letter from Bridget NessCvitkovi, dated November 29, 2005, received December 2,
2005
C-119.Comment letter from James W. Cormier, dated November 29, 2005, received December 2,
r2005
C-120.Comment letter from (name unknown) address 11040 B SE 250th Court, Kent WA 98030,
dated November 29, 2005, received December 2, 2005
C-121.Comment letter/e-mail from Kelsea Ricker, dated November 30, 2005, received November 30,
2005
C-122.Comment letter/e-mail from Dennis Tyler, dated November 30, 2005, received November 30,
2005
C-123.Comment letter/e-mail from Thomas and Julie Oresman, received November 30, 2005
C-124.Comment letter from Sharon Bosse, dated November 30, 2005, received November 30, 2005
C-125.Comment letter from Wendy L. Basham, dated November 30, 2005, received November 30,
2005
C-126.Comment letter from Robert E. Wagner, dated November 301 2005, received December 1,
2005
C-127.Comment letter from Margaret Stewart, dated November 29, 2005, received December 1,
2005
C-128.Comment fetter from Jack Childress, dated November 30, 2005, received December 2, 2005
C-129.Comment letter from Debora Childress, dated November 30, 2005, received December 2, 2005
C-130.Comment letter from Gregory G. Byler, dated December 1, 2005, received December 1, 2005
C-131.Comment letter/e-mail from Carol Vass, dated December 1, 2005
C-132.Comment letter from Sarah and Ervin Rausch, received December 2, 2005
Attachment A, List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 11 of 13
C-133.Comment letter from Sandy Reeder, received December 2, 2005 _
C-134.Comment letter from Danene M. Saggau, D.C., B.C.A.O., received December 2, 2005 '
C-135.Comment letter from Dean Saggau, received December 2, 2005
C-136.Comment letter from Michael O'Neill, received December 2, 2005
C-137.Comment letter from Chet and Kathy Ekstrand, received December 2, 2005
C-138.Comment letter from Sally and Brian McDonough, dated December 2, 2005, received
December 2, 2005
C-139.Comment letter from Pete and Linda Wagner, received December 2, 2005
C-140.Comment letter from G. Wagner, received December 2, 2005
C-141.Comment letter from Jack E. Wagner, received December 2, 2005
C-142.Comment letter from Nancy McElheran, received December 2, 2005
C-143.Comment letter from Laurie McElheran, received December 2, 2005
C-144.Comment letter from Barbara Dunlop, received December 2, 2005
C-145.Comment letter from Danielle Dickinson, received December 2, 2005
C-146.Comment letter from John William Larson, received December 2, 2005
C-147.Comment letter from Clinton D. Pozzi, received December 2, 2005
C-148.Comment letter from Barbara A. Baldwin, received December 2, 2005
C-149.Comment letter from Duane Fleck, received December 2, 2005
C-150.Comment letter from Marilyn A. Gibbs, received December 2, 2005
C-151.Comment letter from Ronnie and Joyce Norwood, received December 2, 2005
C-152.Comment letter from Daisy King, received December 2, 2005
C-153.Comment letter from Lulu Gerber, received December 2, 2005
C-154.Comment letter from Robert C. and Myla J. Martin, received December 2, 2005 _
C-155.Comment letter from Molly A. Lawrence of Buck & Gordon, dated December 2, 2005, received ,
via facsimile December 2, 2005, received via mail December 5, 2005
C-156.Comment letter from James N. Helm, received December 5, 2005
C-157.City of Kent's Response letter/brief to Ted Hunter, dated January 24, 2006 ,
C-158.Affidavit of Publication from King County Journal of Public Notice of SEPA Threshold
Determination, dated November 18, 2005
C-159.Notice of Public Hearing, dated January 6, 2006
C-160.Certificate of Mailing on January 6, 2006, of Public Notice to 200/300 Foot List Parties of
Record
C-161.Affidavit of Publication from King County Journal of Notice of Public Hearing for January 18,
2006, dated January 6, 2006
C-162.Revised Agenda — Land Use Hearing Examiner—January 18, 2006
C-163.Agenda — Land Use Hearing Examiner — February 1, 2006
MERIDIAN BANKS' EXHIBITS ,
M-1. March 4, 2005 letter from Larry Blanchard to Ted Nixon
M-2. December 2, 2005 letter from Molly Lawrence to Kim Marousek
M-3. Floten Appeal of December 20, 2005, including:
A. Application for Appeal of Administrative Interpretation, dated December 20, 2005
B. Letter from Erin Fehringer to Molly Lawrence, dated December 6, 2005
Attachment A,List of Exhibits
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 12 of 13
1
C. Copy of check for $200 made out to City of Kent, dated December 20, 2005
D. Letter from Bill Floten to Erin Fehringer, dated December 20, 2005
M-4. Inventoried Wetlands map (City of Kent Comprehensive Plan)
M-5. Resume of Thomas D. Deming
M-6. Letter from Thomas Deming to Bill Floten, dated January 24, 2006, regarding Wetland
Assessment for Parcel 2722059164
M-7. Empty item
M-8. Map entitled Density Analysis Map of Surrounding Developments
M-9. Aerial photo of site
M-10. Preliminary Technical Information Report of the Meridian Banks Subdivision, prepared by Larry
Krueger, dated August 4, 2005
M-11. Letter from Lydia Moorehead to Ted Nixon regarding Meridian Banks Tentative Plat, dated July
11, 2005
M-12. Color photo showing trailer park and property line
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Attachment A List of Exhibits
city of Kent Hearing Examiner
Meridian Banks'Appeals
Page 13 of 13
ATTACHMENT B '
PLEADINGS
In addition to the appeals themselves (Floten and Nixon Administrative Decision
Appeal, Exhibit M-15; Floten and Nixon SEPA Appeal, Exhibit M-27; and Bosse
SEPA Appeal, Exhibit B-15), which have been included in the Exhibit list, the
Hearing Examiner received the following pleadings:
Administrative ADDeall:
■ City's Letter of Intent to "stay" the administrative decision appeal pending
the close of the SEPA appeal period to allow for a consolidated hearing,
dated December 18, 2006
• City's Request to Reschedule Hearing, dated February 27, 2007
• City of Kent's Motion to Dismiss for Lack of Jurisdiction, dated April 5, ,
2007
• Appellant"s Response to City's Motion to Strike Appeal for Lack of _
Jurisdiction, dated April 9, 2007 ,
SEPA Appeal:
■ City's Request to Reschedule Hearing, dated February 27, 2007
■ Floten and Nixon's Request for Clarification of SEPA Appeal Issues,
dated March 2, 2007
■ Floten and Nixon's Witness and Exhibit List, dated April 19, 2007
■ City of Kent's Disclosure of Primary Witnesses and Exhibit List,
dated April 20, 2007
■ Sharon Bosse's Disclosure of Primary Witnesses and Exhibit List, undated
■ Sharon Bosse's additional documents for Exhibit List, dated April 20, 2007
■ City of Kent's Appeal Brief, dated April 20, 2007
PRE-HEARING ORDERS
The Hearing Examiner issued the following pre-hearing orders:
Administrative ADpeal:
• Pre-Hearing Order of December 19, 2006, for Appellant's appeal of City's
November 17, 2006, wetland delineation administrative decision and '
setting a hearing date
• Order Granting Stay based on the agreement of the parties to stay the
hearing through the close of the appeal period of the City's SEPA
determination, dated January 3, 2007
Pre-Hearing Order of February 23, 2007, setting hearing date of April 4,
2007
1 . Pre-Hearing Order of March 7, 2007, revising hearing date
Pre-Hearing Order of March 20, 2007, revising hearing date
• Request for Response to City's Motion to Dismiss for Lack of Jurisdiction,
dated April 10, 2007
Response to City's Motion to Dismiss for Lack of Jurisdiction, dated
April 12, 2007, denying City's motion
• Order Dismissing Appeal, dated May 22, 2007
SEPA Appeal:
• Pre-Hearing Order of February 23, 2007, for Bill Floten's and Ted Nixon's
' appeal of the City's MDNS, for Sharon Bosse's appeal of the City's DNS,
and setting a consolidated rezone/plat/SEPA appeal hearing date of April
18, 2007
r . Response to Request for Clarification, dated March 7, 2007, stating that
Appellant's issues regarding transportation impact mitigation conditions
could be considered as part of the SEPA appeal
Pre-Hearing Order of March 7, 2007, revising hearing date
• Pre-Hearing Order Regarding Hearing Procedures, dated April 13, 2007
• Order of Continuance, dated July 13, 2007
Attachment B, Pleadings
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 2of2
ATTACHMENT C
MERIDIAN BANKS BACKGROUND
The following chronology are not findings, but are presented in order to clarify the ,
consolidated hearings that have taken place on the SEPA appeals and Administrative
Interpretation Appeal in this case. A separate list of all pleadings and pre-hearing orders may '
be found in Attachment B.
PHASE I (Rezone and Appeal of the DNS)
On June 30, 2005, Bill Floten submitted a zoning map amendment (rezone) requesting a
change in zoning designation from SR-4.5 Single Family Residential to SR-6 Single Family
Residential. Exhibit GI .
On August 11, 2005, the City determined that the rezone application was complete. Exhibit '
G21.
On August 19, 2005, notice of the rezone application was posted, mailed and published.
Exhibit C-12; Exhibit C-1.3;Exhibit C-15;Exhibit 16.
On August 29, 2005, Ted Nixon, for CNA Architects, submitted an application to subdivide
approximately 6.32 acres into 27 single-family residential lots at 25840 135th Lane SE _
adjacent to Lake Meridian, in Kent, WA. Exhibit CK-76; Exhibit CK-62, Staff Report,page 3.
On September 23, 2005, the City determined that the preliminary plat application was
complete. Exhibit CK-47. However, the City had not completed environmental review of the
preliminary plat application. Finding 5, March 15, 2006, HE Decision. According to the City's
letter, "This determination of completeness does not preclude the City from requesting ,
additional information or studies if new information is required or where there are substantial
changes in the proposal." Exhibit C-47.
On October 17, 2005, the City issued a Notice of Application for the proposed subdivision
with a public comment period ending October 31, 2005. Exhibit CA'- 62, Staff Report, page 7.
On November 8, 2005, the City requested that the
Applicant provide a wetland delineation ,
p
for the property. Exhibit CK-12.
On December 5, 2005, Teresa Vanderburg, Adolfson and Associates, wrote a letter to the
City documenting a site visit on November 8, 2005, which identified wetlands on the site and
recommended a formal wetland delineation be conducted. Exhibit 0K-19,
On November 18, 2005, the City issued a SEPA Determination of Nonsignificance on the ,
rezone, but not on the preliminary plat. Exhibit C-7.
On December 16, 2005, James Helm appealed the DNS on the rezone to the Hearing
Examiner. Exhibit/1-7.
On February 1 and 15, 2006, the Hearing Examiner held consolidated SEPA appeal/rezone
hearings.
On March 15, 2006, the Hearing Examiner issued a decision granting the appeal of DNS and
remanding the rezone to the city:
o Rezone remanded for review of environmental impacts concurrent with
preliminary plat application.
o Specifically for review of rezone w/respect to wetlands, storm drainage, and
traffic.
Exhibit 8-7
PHASE II (Rezone and Preliminary Plat and Appeals of MDNQ
On June 14, 2006, the Applicant submitted a critical areas assessment and delineation,
prepared by Chad Armour, LLC, in response to the City's request. It was marked by the City,
""NOT APPROVED - EF 7-19-06". Exhibit CK-3.
On July 19, 2006, the City sent Mr. Nixon a letter concerning its review of the Wetland
Delineation Report, prepared by Chad Armour, LCC (May 24, 2006), and requested a revised
wetland delineation report. Exhibit CK-24.
On October 11, 2006, the Applicant requested that the City review a Supplemental Wetland
Assessment prepared by Habitat Technologies, confirm the wetland delineation and then place
the application on hold to allow the Applicant to explore mitigation opportunities.
Exhibit CK-26.
On October 23, 2006, the Applicant submitted a supplemental wetland assessment prepared
' by Habitat Technologies. Exhibit CK-4.
On November 8, 2006, Teresa Vanderburg, ESA Adolfson, submitted a review of the
wetland delineation prepared by Habitat Technologies, and based on a site visit on October
31, 2006. Exhibit CK-28.
On November 9, 2006, the Applicant requested that the City proceed with the
rezone/preliminary plat applications and schedule hearings before the Hearing Examiner.
Exhibit M-25.
On November 16, 2006, the City sent a letter to the Applicant asking for confirmation that
the Applicant would not submit any additional information to enable the City to complete its
SEPA threshold determination review. Exhibit CK-29.
Attachment C, Meridian Banks Background
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 2 of 3
On November 17, 2006, the City issued a final wetland determination, finding Category 2
wetlands and requiring the Applicant to correct the delineation boundaries. As an
administrative interpretation and final critical area resource decision, the City's decision was
appealable under Chapter 11.06 KCC. Exhibit CK-30. ,
On December 1, 2006, the Applicant appealed the City's administrative decision to the
Hearing Examiner. ExhibitM-IS. '
On December 15, 2006, the Applicant notified the City that no further environmental
information would be provided, and requested that the City complete SEPA review and set a
hearing date for the rezone/preliminary plat applications and administrative interpretation
appeal of the City's wetland determination. Exhibit CK-29; Exhibit CK-31; Exhibit CK-5S.
On January19 2 07 the City determined that with conditions the rezone and preliminary
� 0 ty p rY
plat proposals together would not have a probable significant adverse impact on the '
environment, and issued a Mitigated Determination of Nonsignificance (MDNS) with seven
mitigation conditions. Exhibit B-10.
On February 2, 2007, Bill Floten and Ted Nixon (Meridian) appealed all MDNS conditions. ,
Exhibit M-27
On February 16, 2007, Sharon Bosse appealed the MDNS conditions regarding wetland ,
delineation and storm drainage. ExhibitB-IS.
On April 28 2007 the City posted, published, and mailed notice of the public hearing and ,
p � tYP , P � p 9
consolidated appeals. Exhibit CK-62, Staff Report, page 7.
On May 10, 2007, at the consolidated application and appeal hearing, Meridian and the City
agreed that the issues raised by Meridian in its administrative appeal of the City's wetland '
determination would be addressed as part of Meridian's SEPA appeal. The Hearing Examiner
issued an order dismissing Meridian's administrative interpretation appeal on May 22, 2007.
The issues raised by the Meridian SEPA appeal and Bosse SEPA appeal were heard along with
public testimony on the rezone and preliminary plat applications. The hearing was continued
to May 23, 2007.
On May 23, 2007, after the conclusion of the SEPA appeal portion of the hearing, the
PP P 9,
Applicant requested an opportunity to submit an alternative plat plan. The City requested an
additional 60 days to respond to the Applicant's submittal. '
On August 15, 2007, the hearings concluded after testimony by the parties and the public
on Meridian's alternative plat plan.
Attachment C, Meridian Banks Background
City of Kent Hearing Examiner
Meridian Banks'Appeals
Page 3 of 3
BEFORE THE HEARING EXAMINER
OF THE CITY OF KENT
IN RE: ) No. RZ-2005-7
} KIVA #2052281
MERIDIAN BANKS )
APPLICATIONS & APPEALS )
Bill Floten )
FINDINGS, CONCLUSIONS AND
Part III — Rezone Application ) RECOMMENDATION
BACKGROUND'
On June 30, 2005, property owner Bill Floten submitted a rezone application requesting a
change from SR-4.5 Single Family Residential to SR-6 Single Family Residential on
approximately 6.32 acres located adjacent to Lake Meridian at 25840 135th Lane SE. Exhibit
C-1. On August 29, 2005, Architect Ted Nixon submitted, on behalf of Bill Floten, an
application to subdivide the same property into 27 single-family residential lots. The property
owner and Mr. Nixon are hereafter referred to as "Applicants". Exhibit CK-76.
' On November 8, 2005, the City requested that the Applicants provide a wetland delineation for
the property as part of its environmental review of the preliminary plat application. Exhibit CK-
12. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance (DNS)
on the rezone, but not on the preliminary plat. Exhibit C-7 On December 16, 2005, James
Helm appealed the DNS on the rezone to the Hearing Examiner (Exhibit A-7) and on February
1 and 15, 2006, the Hearing Examiner held consolidated SEPA appeal/rezone hearings. On
March 15, 2006, the Hearing Examiner issued a decision granting the appeal of the DNS and
remanding the rezone to the City for review of environmental impacts concurrent with
preliminary plat application and for review with respect to wetlands, storm drainage, and
traffic. Hearing Examiner's Decision, Meridian Banks, #AP 2005-51
#RZ 2005-7(March 15, 2006).
On June 14, 2006, the Applicants submitted a critical areas assessment and delineation
prepared by Chad Armour, LLC, in response to the City's request for additional information on
1 Exhibit numbers are inserted in the background statement for reference by the reader. However,the Background statement
is not considered part of the Findings of the Hearing Examiner.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Mendlan Banks, Part III,Rezone
RZ-2005-7, KIVA #2052281
Page I of 10
the preliminary Plat application. Exhibit CK-3. The City did not approve this submittal and
requested a revised delineation report. The Applicants submitted a "supplemental wetland
assessment information" prepared by Habitat Technologies on October 23, 2006. Exhibit CK-
24. The City conducted its own wetland review including a site visit. Exhibit CK-28. On
November 17, 2006, the City issued a final administrative decision, finding that Category 2
wetlands exist and required the Applicants to correct the delineation boundaries. As a final
critical area resource administrative decision, the City's decision was appealable under Chapter
11.06 KCC to the Hearing Examiner. Exhibit CK-30. On December 1, 2006, the Applicants '
appealed the City's administrative decision to the Hearing Examiner. Exhibit M-IS.
On January 19, 2007, the City determined that, with conditions, the rezone and preliminary
plat proposals together would not have a probable significant adverse impact on the
environment. The City issued a Mitigated Determination of Nonsignificance (MDNS) with
seven mitigation conditions. Exhibit B-10. On February 2, 2007, Bill Floten and Ted Nixon
appealed all the MDNS conditions. The Appellants and the City agreed that the issues raised in
the appeal of the administrative decision would be addressed as part of the SEPA appeal. The '
Hearing Examiner issued an order dismissing the appeal of the administrative decision on May
22, 2007. On Feb. 16, 2007, Sharon Bosse appealed the MDNS conditions regarding wetland
delineation and storm drainage.
The applications and appeals were referred to the Hearing Examiner for hearing and decisions.
Following hearings on each of the appeals and applications, the Hearing Examiner now issues
a four-part decision related to the Meridian Banks proposal. Part I is the decision on the
Applicants' Appeal of the SEPA Threshold Determination; Part II is the decision on Appellant
Bosse's Appeal of the SEPA Threshold Determination; Part III is the recommendation of the
Hearing Examiner on the rezone application; and Part IV is the Hearing Examiner decision on
the preliminary plat application. Attachment A is the Exhibit List; Attachment B is a Pleadings
and Hearing Examiner Orders List; Attachment C is a chronology of the rezone, preliminary
plat and appeals.
SUMMARY RECORD
Hearing:
The hearing on the rezone application was consolidated with hearings on SEPA Appeals and an
affiliated Preliminary Plat Application. The City of Kent Hearing Examiner held an open record
hearing on the consolidated SEPA appeals/rezone/plat application on May 10, 2007; May 23,
2007; and August 15, 2007. This recommendation is Part III of a four-part decision. By ,
agreement of the parties, the decisions are all issued together on October 15, 2007.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part Ili, Rezone
RZ-2005-7, KIVA #2052281
Page 2 of 10
' Testimony:
The following individuals presented testimony under oath on the rezone application:
� City Lydia Moorehead Ci Planner
Y
Mike Gillespie, City Development Engineering Manager
Beth Tan, PE, City Public Works Department
Paul Nitardy, Cramer Northwest, PE, for Applicants
Christopher Brown, Transportation Engineer, for Applicants
James Tuntland
Michelle McDowell
Sally McDonough
Linda Johnson
Patricia Sjoiln
AttorneyBill Williamson represented the Applicants. Attorney Kim Adams Pratt represented
P APP Y P
the City.
Exhibits:
rThe exhibits identified on Exhibit A were admitted into the record during the open record
hearings on the consolidated applications and appeals. See Exhibit A.
The Hearing Examiner enters the following Findings and Conclusions based upon the
testimony and exhibits admitted at the open record hearings:
FINDINGS
1. Bill Floten, property owner, and Ted Nixon, architect, (collectively referred to as
'Applicants requested a zoning map amendment to rezone a 6.3 acre parce12 from SR-4.5
Single Family Residential to SR-6 Single Family Residential.3 The property is located at
25840 135th Lane SE, in Kent, Washington.4 Exhibit C-1; Exhibit CK-64 January 18, 2006,
Staff Report, pages 1 —2.
2 The Environmental Checklist prepared by the Applicant states that the property measures 257,746 square feet, or 5.8 acres;
the March 16, 2006, Hearing Examiner Decision regarding the Meridian Banks appeal also uses the 5.8 acre measurement.
Exhibit C-3;Exhibit C-5;Exhibit M-I5.H, Hearing Examiner Decision of March 16, 2006. The King County GIs tax parcel
information describes the property as measuring 275,299 square feet, or 6.32 acres. The staff reports prepared by the City of
' Kent describe the property as measuring 6.3 acres. Exhibit CK-62;Exhibit CK-63;Exhibit CK 64.
3 Subsequent to filing the rezone request,the Applicant also submitted a preliminary plat application to subdivide the property
into 27 single family residential lots. The preliminary plat application is addressed in a separate decision. See Deasion of
Hearing Examiner, Meridian Banks Preliminary Plat File No. SU-2005-11, KIVA# RPP3-2053169.
The property is identified by King County tax parcel number 2722059164. Exhibit C-1;Exhibit CK-64,page 1. A legal
description of the property is included on the preliminary plat map and in the Cascade Sewer Easement. Exhibit CK-40;
Exhibit M-53,
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part III, Rezone
RZ-2005-7, KIVA #2052281
Page 3 of 10
2. The City Kent of (City) determined the rezone application was complete on August 11, ,
( tY)
2005. Exhibit C-21. The City determined that the preliminary plat application associated
with the requested rezone was complete on September 23, 2005. Exhibit M-32. The City t
provided notice of the rezone application as required by City ordinance. Exhibit C-12;
Exhibit C-13; Exhibit C-15; Exhibit C-16; Exhibit CK-64, pages 3 and 5. ,
3. The City acted as lead agency for review of environmental impacts of the proposal as
required by the State Environmental Policy Act (SEPA). Initially, the City separately '
reviewed the environmental impacts of the rezone application and preliminary plat
application and issued a Determination of Nonsignificance (DNS) for the rezone request on
November 18, 2005. Exhibit C-7; Exhibit C-8. The DNS was appealed by James Helm on
December 16, 2005. Exhibit A-7. The Hearing Examiner issued a decision on the appeal
on March 15, 2006, remanding the DNS to the City for review of the environmental impacts
of the Applicants' proposed rezone and preliminary plat application, with respect to '
wetlands, storm drainage, and traffic. Exhibit M-IS.H. Pursuant to the Hearing Examiner's
decision, the City combined review of the environmental impacts for the proposed rezone
application and preliminary plat application.5 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 19, 2007. Exhibit B-10. The MDNS included seven
conditions addressing traffic mitigation, pedestrian walkways, compliance with City Critical
Areas Ordinance through plat redesign, protection of wells, use of low-impact development
techniques, minimization of negative impacts to soils, and minimization of grading. The
City received appeals of the MDNS from Bill Floten and Ted Nixon (AP-2007-1) and from
Sharon Bosse (AP-2007-2). The MDNS appeals are considered separately from the rezone '
recommendation and are addressed in Parts I and II of the Meridian Banks decisions.
Exhibit CK-63, May 10, 2007 Staff Report; Exhibit M-18; Exhibit B-10.
4. The City provided notice of the open record hearing associated with the preliminary plat ,
and rezone applications by posting notice on the subject property and mailing notice to-all
owners of property within 300 feet of the subject property on April 27, 2007. The City
published notice of the hearing in the Kent Reporter in compliance with City ordinances.
Exhibit CK-62, Staff Report, page 7; Exhibit CK-70; Exhibit CK-71.
5. The property at issue was annexed to the City in as part art of the Meridian Annexation
(Ordinance No. 3241). Based on existing land uses at the time of annexation, the property ,
S 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'.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner ,
Meridian Banks, Part 111,Rezone
RZ-2005-7, KNA #2051181
Page 4 of 10
was initiallyzoned R1-9.6 and then changed to SR-4.5 through a 1996 zoning code
9 9 9
update. The Comprehensive Plan Land Use Map designates the property as SF-6, Single
Family Residential, allowing for six dwelling units per acre. In 1997, the City Council
considered and rejected a former property owner's request to change the Comprehensive
Plan designation to LDMF, Low Density Multifamily. The property maintained the SF-6
designation through the 2001 Land Use Plan review and update, the 2004 Land Use Plan
review and update, and through the 2006 Land Use Plan revision. The property is located
within an Urban Growth Area. City of Kent Comprehensive Plan Land Use Element (last
revised May 4, 2006), Land Use Map Figure 4.7, page 4-53; Exhibit CK-64, pages 2, 3, 7,
and 10.
6. Properties to the north and east of the subject property are zoned SR-4.5, carry the SF-6
Comprehensive Plan designation, and are predominately developed with single-family
residences and some multifamily development. Property to the west is zoned MHP, Mobile
Home Park, and designated as such by the Comprehensive Plan Land Use Map. The
subject property is bordered to the south by Lake Meridian. The Land Use Element
' identifies properties along the northern edge of Lake Meridian as vacant and
redevelopable. City Comprehensive Plan Land Use Element (last revised May 4, 2006),
Vacant and Redevelopable Land, page 4-17; Comprehensive Plan Land Use Map page 4-
53,6 Exhibit CK 64, page 2.
7. Since the property's annexation in 1996, the City has improved the roadway infrastructure
serving the property and surrounding neighborhoods, increasing traffic capacity in the East
Hill portion of the City. The City has improved the 272nd/277t" Street corridor, providing
improved roadway connectivity and freeway access. The 116th Avenue SE and Kent-
Kangley Road intersection and a portion of 116"' Avenue SE, south of SE 256"' Street has
been widened, Exhibit CK-64, page 10.
8. The subject property 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.' A 6.3 acre parcel of land within the SR-4.5 zoning district
could be developed with 28 lots.8 The SR-6 zoning district would permit a maximum
density of 6.05 dwelling units/acre with a minimum lot size of 5,700 square feet, allowing
' e The rezone application was filed prior to the 2006 Comprehensive Plan Land Use Element revision. However,the 2006
revision did not alter the surrounding properties'SF-6 designation under the 2004 Comprehensive Plan Land Use Map and the
identification of properties along Lake Meridian as vacant and redevelopable were not changed with the 2006 Land Use
Element revision.
'The maximum density and minimum lot size for the SR-4.5 zoning district is found in KCC 15.04.170. The City zoning code
has been updated since the Applicant filed the rezone request; however, the lot size and density requirements have remained
the same for the SR-4.5 and SR-6 zones.
8 The maximum density calculation for dwelling units per acre in the SR-4.5 district is 6.3 acres multiplied by 4.53 dwelling
units/acre = 28.5 dwelling units.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part III,Rezone
RZ-2005-7, KIVA #2052281
Page 5 of 10
cel.9 The January 18 2006 Staff Report
'
for development of up to 38 lots on a 6.3 acre par e ry p
states that even with an approved rezone, the property would not be likely to be developed
at the maximum density allowed as some land would be used for stormwater management, t
roadways, and other improvements. KCC 15.04.170; Exhibit CK-64, page 2.
9. The Applicants have proposed development of 27 lots, a stormwater drainage tract, and a ,
new public road. The proposed preliminary plat would have a gross density of 4.3 dwelling
units per acre.10 The proposed lots would comply with the SR-6 minimum lot size and
setback requirements. Lydia Moorehead, City Planner, testified that if the City Council '
denies the rezone request, the Applicants would need to reconfigure the preliminary plat to
comply with the SR-4.5 zone standards. The 19 residential units currently on the property '
would be removed with plat development. Exhibit CK-62, pages 1, 12, and 18; Exhibit CK-
64, pages 1 and 5; Testimony of Ms. Moorehead,
10.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 4-2.11 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 promoting new development to ,
meet target housing goals, requiring a minimum density of four units per acre, locating
new development near existing services, and encouraging variety in densities, housing
types, and lot sizes. Housing Element goals and policies encourage attractive
neighborhoods by promoting home ownership and providing for a variety of housing types
and site designs to meet projected residential needs. Where appropriate, zoning codes
may be revised to increase the supply of affordable housing options such as small lot sizes. '
Transportation Element goals and policies support the coordination of land use and
transportation planning to ensure sufficient transportation infrastructure to serve new
development.12 City Comprehensive Plan, Land Use Element (last revised May 4, 2006),
pages 4-26, 4-32 and 4-33; City Comprehensive Plan, Housing Element(2004), pages 6-11
9 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 6.3 acres multiplied by 6.05 dwelling units/acre = 38.1 dwelling
units.
to The gross density calculation is 27 dwelling units divided by 6.3 acres =4.3 dwelling units per acre.
11 This section of the Land Use Element was not revised with the 2006 Land Use Element revision.
12 In the January 18, 2006 staff report,the City identified the following Comprehensive Plan goals and policies as particularly
relevant to the rezone request: Land Use Element Goals LU-9 and LU-10,and Policies LU-9.1, LU-9.4,and LU-10.4(these
goals and policies were not changed with the 2006 Land Use Element revision); Housing Element Goals H-2, H-5,and H-7,
and Policies H-2.2,H-5.1,H-5.2,H-5.3, and H-7.5; and Transportation Element Goal TR-1 and Policies TR-1.2 and TR-1.5. City
Comprehensive Plan, Land Use Element(last revised May 4,2006),pages 4-26, 4-32 and 4-33,City Comprehensive Plan,
Housing Element(2004),pages 6-11 —6-14 City Comprehensive Plan, Transportation Element(2004),page 9-40;Exhibit CK-
64,pages 6—9. '
Findings, Conclusions and Recommendation '
City of Kent Hearing Examiner
Meridian Banks, Part III, Rezone
RZ-2005-7, KIVA #2052281
Page 6of10
' — 6-14, City Comprehensive Plan, Transportation Element (2004), page 9-40, Exhibit CK-
64, pages 5—9.
11.The property would be accessed from SE 258th Street. The property also has street
frontage along 135th Avenue SE. The Applicants proposed construction of a "U"-shaped
roadway to provide internal access to the proposed subdivision. The rezone itself would
not generate increased traffic on SE 258t�' Street and in the surrounding neighborhood.
However, the City determined that the preliminary plat associated with the rezone would
generate nine new PM peak hour trips. The Applicants would address traffic impacts
through the construction of street frontage improvements and the payment of traffic
mitigation fees. The Applicants would either construct a sidewalk along the east side of
135th Avenue SE between SE 258th Street and SE 256th Street, or, at the sole discretion of
the Public Works Director, may pay a fee-in-lieu of construction. Exhibit CK-64 page 4;
Exhibit M-18; Exhibit B-10.
12.Sally McDonough testified that the requested rezone would not be consistent with the
Comprehensive Plan goals and policies protecting water quality and the environment in
general. She submitted excerpts from Wetlands in Washington State, Volume 2: Guidance
for Protecting and Managing Wetlands. Linda Johnson testified regarding her concern that
more development in the area would lead to more homes, people, and traffic, disturbing
the serenity of the neighborhood. Michelle McDowell testified that she believed a rezone
would be incompatible with existing development and could adversely affect the health,
' safety, and general welfare by contributing to school overcrowding. She noted that the
City Council has imposed a moratorium on rezones in the Lake Meridian area. Ellyn Ricker,
Lake Meridian Resident, submitted a letter of public comment at the May 10, 2007 open
record hearing. Ms. Ricker expressed concern that approval of the rezone request would
negatively impact school district infrastructure and would result in overcrowding of area
schools. David and Deborah Herron sent a comment letter dated April 30, 2007,
expressing concern that approval of the rezone request would increase traffic on the lake
and vehicle traffic on 256th, impacting wildife and the quiet lake-side atmosphere. The
1 Herrons also expressed concern that approval of the rezone would set a precedent making
it difficult to stop additional development. Exhibit CK-65; Exhibit CK-66; Exhibit CK-68;
Exhibit CK-69; Testimony of Ms McDonough; Testimony of Ms Johnson, Testimony of Ms
McDowell.
13.The Hearing Examiner's decision of March 15, 2006, states that "Any testimony at the
continued hearing on the rezone application must relate to any new information that is
provided in the environmental review process that was not available at the time of the
hearings in February [2006]." Exhibit M-15.H, page 23. Ms. Moorehead testified that with
the environmental review required by the Hearing Examiner in his March 15, 2006 decision,
the City Planning Department continues to recommend granting the rezone request. She
testified that the rezone requested was vested at the time of application, prior to the
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part III,Rezone
RZ-2005-7, KNA 92052281
Page 7 of 10
rezone moratorium. Traffic impacts would be mitigated through compliance with the MDNS ,
P 9 9 P
conditions. The City identified lake fringe wetlands along the property's southern border
with Lake Meridian. Protection of wetlands would be addressed through preliminary plat ,
conditions and compliance with MDNS conditions. The City determined the Applicants'
technical information report and preliminary stormwater detention treatment plans are
consistent with the 2002 City of Kent Surface Water Design Manual and the 1998 King
County Surface Water Design Manual. Exhibit CK-1; Exhibit CK-2; Exhibit CK-3; Exhibit CK-
4; Exhibit CK-5; Exhibit CK-38; Exhibit CK-39; Exhibit CK-4.3; Exhibit CK-44; Exhibit CK-63;
Exhibit M-18; Exhibit B-10; Testimony of Ms. Moorehead.
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 Chapters 2.32, 12.01 and 15.09 Kent City Code
(KCC). '
Criteria for Review ,
KCC 15.09.050.0 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;
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity; '
3. The proposed rezone will not unduly burden the transportation system in the
vicinity of the property with significant adverse impacts which cannot be
mitigated;
4. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone; and '
5. The proposed rezone will not adversely affect the health, safety and general
welfare of the citizens of the City of Kent. ,
KCC 15.09.050.C.
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 subject property and other properties along the northern
edge of Lake Meridian are identified as vacant or redevelopable. Properties to the north
and east of the subject parcel are also designated SF-6 under the Comprehensive Plan.
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part 111, Rezone
RZ-2005-7,KIVA #20522B1
Page 8 of 10
U
' 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. 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. Future development would be
conditioned to ensure consistency with development regulations adopted pursuant to the
Comprehensive Plan. Findings 1, 3, 5, 6, 10, 11, 13.
2. The proposed rezone and subsequent development would be compatible with
the existing neighborhood. Subsequent development of the property would be single-
family residential, in a single-family residential neighborhood. Surrounding properties are
developed with single family and multifamily residences, and property to the west is
developed with a mobile home park. Properties to the north and east of the subject parcel
are designated SF-6 under the Comprehensive Plan. It is unlikely that the property would
be developed at the maximum density allowed due to land requirements for roadways,
stormwater drainage systems, and other improvements. Findings 1, 5, 6, 6, 9, 13,
3. The proposed rezone would not unduly burden the transportation system. The
proposed rezone itself would not generate increased traffic. The Applicants would address
traffic impacts resulting from the proposed preliminary plat associated with the rezone by
' constructing street improvements on 136th Avenue SE and SE 258th Street and paying a
traffic mitigation fee. The Applicants would construct sidewalks along the east side of
135th Avenue SE between SE 258th Street and SE 256th Street, or at the sole discretion of
' the Public Works Department may be permitted to pay a fee-in-lieu of construction.
Finding 11.
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. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I,
1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). Here, the
property has been classified as SF-6 by the City Comprehensive Plan since annexation in
1996. The rezone request and associated plat development would implement the 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. Improvements to transportation
infrastructure would support the additional traffic arising out of any future development.
' Changed circumstances include roadway improvements of the 272n,/277th Street corridor,
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part III, Rezone
RZ-2005-7, KIVA #2052281
' Page 9 of 10
the intersection of 1161:h Avenue SE and Kent-Kangley Road, and a portion of 116th Avenue
SE, increasing traffic capacity and providing improved roadway connectivity and freeway
access. The rezone request was filed prior to the moratorium imposed by the City Council.
Findings 1, 5— 7, 10, 12, 13.
S. 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 City reviewed the requested rezone and associated
preliminary plat application, with particular attention to wetlands, storm drainage, and ,
traffic impacts, and determined that 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 density designated by the Comprehensive Plan. Future
development would be conditioned to address impacts on local services, including school
districts, parks, stormwater systems and transportation facilities; conditions would also
require protection of water quality and the environment in general.
Findings 1 - 13.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that
the application for a rezone from SR-4.5 to SR-6 of a 6.3 acre parcel, King County Tax Parcel
Number 2722059164, located at 25840 135th Lane SE, in Kent, Washington, be GRANTED
without conditions.
DATED this -�ay of October 2007.
THEODORE PAUL HUNTER '
Hearing Examiner
Findings, Conclusions and Recommendation
City of Kent Hearing Examiner
Meridian Banks, Part III, Rezone
RZ-2005-7, Klt/A #2052281
Page 10 of 10
' COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
PLANNING SERVICES
Charlene Anderson,AICP,Manager
KENT
W A S H I N G T O N Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
January 18, 2006
FILE NO: Meridian Banks Rezone
#RZ-2005-7 KIVA# 2052281
APPLICANT: Ted Nixon
CNA Architects
10715 SE 2561h Street
Kent, WA. 98030
REQUEST: A request to rezone 6.3 acres of property from
SR-4.5 single family residential to SR-6, single family
residential.
STAFF
REPRESENTATIVE: Lydia Moorehead, Planner
STAFF
RECOMMENDATION: APPROVAL
GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to rezone 6.3 acres from the current zoning of SR-4.5
single family residential to SR-6 single family residential.
B. Location
LThe subject property is located at 25840 1351h Lane SE and is identified by King
County Tax Parcel number 2722059164.
1
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281 ,
C. Size of Property
The property consists of one 6.3 acre parcel. '
D. Zoning/Comprehensive Plan '
Properties surrounding the site are zoned MHP, Mobile Home Park to the west
and SR-4.5, Single Family Residential to the north and east. Lake Meridian
borders the site to the south.
The City of Kent Comprehensive Plan designates the site, together with the
properties to the north and east, as SF-6, Single Family six dwelling units per
acre.
Utilizing the gross acreage only, the proposed SR-6 zoning designation would ,
allow for the development of 38 detached dwelling units, as opposed to 28
dwelling units under the existing SR-4.5 designation. However, due to the land
area requirements associated with stormwater management systems, roadways,
and other improvements as well as minimum lot size requirements, fewer lots
are anticipated for this site.
E. Land Use
The property currently contains 19 dwelling units and several outbuildings. The '
use of the site is residential, with 18 dwellings serving as rental units and
another serving as a caretaker's residence. '
Surrounding development is predominately single family residential with a few
apartment/condominium complexes and a 77-unit mobile home park located ,
within the vicinity. Existing single family development in the area along the
north shore of Lake Meridian is generally characterized by large unplatted lots
while development further north, east, and west of the site are medium density ,
residential development on platted and unplatted lots.
F. History
The site is part of the 3386-acre Meridian Annexation which was annexed to the
City of Kent on January 1, 1996 under Ordinance No. 3241. Prior to annexation,
this site was designated in the King County Comprehensive Plan as Urban
Residential, 4-12 dwelling units per acre. During the annexation process the City
established a Comprehensive Plan Designation of SF-6, single family residential ,
and a zoning designation of R1-9.6 which was converted to the SR-4.5
designation later the same year during a zoning code update. Meeting minutes
show that during deliberations by the Land Use and Planning Board and City '
Council on the Meridian Annexation Comprehensive Plan Designation and Zoning,
Page 2 of 11
Staff Report
Meridian Banks Rezone
1 #RZ-2005-7 KIVA #2052281
the former property owner of the site specifically requested that the site be
zoned to allow 10 units per acre. After considering the request, Council elected
to zone the property R-1-9.6 consistent with the King County Zoning of the area.
In August of 1996 the former owner of the site applied for a Comprehensive Plan
change from SF-6 to LDMF, Low Density Multifamily and a corresponding zone
change from SR-4.5 to MRG, Garden Density Multifamily. On January 7, 1997
the City Council denied the application.
In April of 1997 the former owner submitted a tentative short plat application for
a nine lot subdivision. A tentative meeting was held and a meeting summary
letter was prepared. No formal subdivision applications were filed for this
proposal following the tentative meeting.
The site was subsequently sold to the current owner who applied for the rezone
and later submitted a separate 27-lot preliminary subdivision application and
' SEPA checklist, which are currently under review.
H. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Determination of Nonsignificance (ENV-2005-41) for the rezone proposal was
issued on November 18, 2005. No conditions for this rezone request were
proposed. The comment period for the determination ended on December 2,
2005 and the appeal period ended on December 16, 2005. Twenty-two letters
were received during the comment period from surrounding property owners
regarding the Determination of Nonsignificance. Comments received by
surrounding property owners noted the following concerns: an inadequate SEPA
checklist prepared by the applicant, a need for an environmental impact study,
inconsistent comprehensive plan designations around other bodies of water
within the City, and impacts from future development on the site including
stormwater, open space, wetlands, and density.
A SEPA appeal was filed by a neighboring property owner on December 16, 2005
(AP 2005-5). The appeal is being considered in a consolidated hearing with this
request for rezone.
B. Significant Physical Features
Topography, Wetlands and Vegetation
The site slopes south into Lake Meridian with the area directly adjacent to Lake
' Meridian at approximately 12 percent in grade. Vegetation on site consists of
trees, shrubs, grass and various aquatic vegetation including cattails, bulrush,
Page 3 of 11
Staff Report ,
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281 '
pond lilies, willows, and Douglas spiraea along the fringe of the lake. A
lacustrine fringe wetland has been identified on the site along the shoreline of '
Lake Meridian. A wetland delineation has been requested as part of the City's
review of a plat application for the site.
C. Significant Social Features
1. Street System '
The site has frontage along SE 258th Street, and is located at the
southeast corner of 1351h Avenue SE and SE 258th Street. Upon future '
development of the property, road and street frontage improvements to
meet City of Kent roadway standards will be required as conditions of
approval. These improvements include but are not limited to curb, gutter
sidewalks, planting strips, street lighting, paving, necessary street
improvements, and public stormwater conveyance.
As a non-project action, this rezone will have no impacts on the r
transportation system at this time. However, subsequent development of
the site will likely create traffic impacts which will be addressed during
the development review process.
2. Water System
The site receives water service from Water District 111.
3. Sanitary Sewer System '
The site receives sanitary sewer service from Soos Creek Sewer District.
4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent '
development. The developer will be required to complete a drainage
analysis and 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.
D. CONSISTENCY ANALYSIS
The proposed rezone is consistent with the goals and policies of the City of Kent
Comprehensive Plan. ,
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Page 4 of I I
' Staff Report
Meridian Banks Rezone
' #RZ-2005-7 KIVA #2052281
Police Department Economic Develop. Manager
Director of Public Works Fire Chief
Parks & Recreation Director City Clerk
City Attorney Kent School District
Kent Property Management WA Dept. of Ecology
Washington State DOT K. C. Wastewater Treatment
Puget Sound Energy King Co. Environmental Health
Qwest King Co. Transit Division
In addition to the above, all persons owning property which lies within 300 feet of the
site were notified of the public hearing. A Notice of Application was posted on the site
and published in the King County Journal on August 19, 2005.
The City has received approximately 77 written public comments from citizens regarding
the rezone application. These letters contained comments that expressed concern
regarding both the proposed rezone and future development impacts to the site. The
applicant has submitted separate applications for a preliminary plat and environmental
review of the preliminary plat. The site specific preliminary plat and associated SEPA
applications are under review by City staff.
Comments included a broad spectrum of concerns, many of which were repeated in
several letters. Comments were made on the following items: traffic, crime, increased
lake users, impacts to wetlands, wildlife, views, stormwater runoff, increased size of
homes, previous land use applications on the site, limited road capacity, lack of bus
service, pedestrian safely, water quality, increased weeds in the lake, change in the
neighborhood, increased cost of living, the amount of density around the lake,
precedent for large undeveloped lots in the vicinity and disagreement with the current
comprehensive plan designation.
1 Comments received during the notice of application comment period generally relate to
future development impacts on the site rather than the zone change request. Amending
the City's zoning map is considered a non-project action under the State Environmental
Policy Act, and any development application for the site will be reviewed for project
specific impacts. A separate 27-lot subdivision application is currently under review and
issues related to traffic, road improvements, drainage, critical areas and pedestrian
safety will be addressed and mitigated where significant impacts are found.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
' In 2004 the Kent City Council adopted an update to the Kent Comprehensive
Plan which represented revisions to demographics, housing and employment
Page 5 of 11
Staff Report '
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281 '
forecasts, and relevant goals and policies affected by the referenced inclusion of
pertinent local and regional policy documents. As with the 1995 plan, the 2004
update was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan, through its goals and policies,
presents a clear expression of the City's vision of growth for citizens, the
development community, and other public agencies. The Plan is used by the
Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the
City departments to guide decisions on amendments to the City's Zoning Code
and other developed regulations, which must be consistent with the plan, as well
as to guide decision making about the funding and location of the capital
improvement projects.
LAND USE ELEMENT
The Land Use Element of the plan contains a Land Use Plan Map, which
designates the type and intensity of land uses throughout the city, as well as in
the entire potential annexation area. The Land Use Plan Map designates the
subject property as SF-6, Single Family Residential which allows six units per
acre. The land use element also contains goals and policies relating to the
location, density, and design of future development in the City and in the '
Potential Annexation Area.
Overall Goal: Encourage a future growth and development pattern which '
implements the community's vision, protects environmentally sensitive areas,
and enhances the quality of life of all of Kent's residents.
Goal LU-9: Provide adequate land and densities to accommodate the adopted 20
year housing target of 4,284 new dwelling units within the existing city limits,
and through an interlocal agreement with King County, adopt the housing target
of 619 new dwelling units within Kent's Potential Annexation Area.
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 the ,
housing needs of the region's changing demographics.
Page 6 of 11
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281
Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate
' smaller lot sizes within close proximity to the Urban Center or Activity Centers
wherever possible.
Planning Services Comment:
The site is located within an Urban Growth Area. The goals and policies of the
land use element support the proposed rezone. The site is located near existing
urban services and infrastructure. Commercial development is located along
132nd at both SE 240th Street and Kent-Kangley Road. The City supports the
development of close-in vacant or underdeveloped properties which limits further
urban sprawl on the edges of the planning area while protecting critical areas.
In addition, infill development provides a more efficient means of providing
services and enhancing pedestrian mobility. Also, one of the objectives of the
comprehensive plan is to provide a wide variety of housing types and
opportunities to accommodate projected population growth without converting
single family lands to multifamily residential. Development of single family
subdivisions on underdeveloped, single family zoned land is consistent with this
objective.
Growth Management Hearings Board decisions have determined that lands within
urban growth areas should be divided at a minimum of four dwelling units per
net acre to ensure efficient provision of urban services. The zoning district SR-6
allows 6.05 dwelling units per acre and a minimum lot size of 5,700 square feet.
HOUSING ELEMENT
Goal: Meet the current and future need for housing in the Kent area. Ensure
opportunities and an appropriate living environment for Kent citizens.
Goal H-2: Promote the organization an enhancement of neighborhoods, and
provide the opportunity for comfortable and well maintained housing for all
citizens.
Policy H-2.2: Support housing with appropriate amenities for individuals, families
and children.
Goal H-5: Increase housing opportunities through a diversity of housing types
and the innovative use of residential and commercial land.
' Policy H-5.1: Expand the range of affordable housing choice available to meet
the needs of both current Kent residents and residents projected in growth
estimates.
Page 7 of 11
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281
Policy H-5.2: Provide a sufficient amount of land zoned for current and projected
residential needs including, but not limited to, assisted housing, housing for low
income households, single family housing, and small lot sizes.
Policy H-5.3: Promote diversity of housing types affordable to a range of income ,
levels and cultural/ethnic diversity.
Goal H-7: Encourage flexibility and innovative site and building design for a
variety of housing developments to expand home ownership.
Policy H-7.5: Revise zoning and development standards to provide options that
increase the supply of affordable home ownership opportunities, such as small
lot sizes, zero lot lines, manufactured housing, townhouses, condominiums,
clustering, cottage and attached single family housing.
Planning Services Comment
The proposed rezone is supported by relevant goals and policies of the housing
element. Appropriate services, including, but not limited to, fire, police, medical
services, neighborhood shopping and child care are easily accessible to '
neighborhood residents upon development of the subject property. The
proposed rezone increases the amount of land zoned for current and projected
residential needs including single family housing and smaller lot sizes.
TRANSPORTATION ELEMENT
Goal TR-1: Coordinate land use and transportation planning to meet the '
needs of the City and the requirements of the Growth Management Act.
Policy TR-1.2: Coordinate new commercial and residential development in Kent ,
with transportation projects to assure that transportation facility capacity is
sufficient to accommodate the new development, or a financial commitment is in
place to meet the adopted standard within six years, before allowing it to
proceed.
Policy TR-1.5: Ensure consistency between land use and transportation plans so ,
that land use and adjacent transportation facilities are compatible.
Planning Services Comment:
The Growth Management Act requires consistency between land use and ,
transportation planning. As noted, the Land Use Plan identifies the area of the
rezone as SF-6 Single Family Residential. When developed in the future, a new
development will include interconnected roadways and pedestrian facilities. The t
City's Public Works Department will identify specific improvements which will be
Page 8 of 11
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281
necessary along the 135th Avenue SE and the SE 258th Street property frontage
to serve future development of the property and accommodate the higher
density permitted under this rezone
B. Standards and Criteria for Granting a Request for Rezone
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.
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Services Comment
The Comprehensive Plan Land Use Plan Map designates the subject property as
SF 6, Single Family Residential which allows up to six units per acre. A rezone of
the site from SR-4.5 Single Family Residential to SR-6 Single family Residential
will allow residential development up to six units per acre, which is also allowed
under the Comprehensive Plan. As previously mentioned, the proposed rezone
is also consistent with the applicable goals and policies of the Comprehensive
Plan.
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The proposed rezone and subsequent development of the site would be
compatible with the existing residential development in the vicinity. The subject
property is surrounded to the north by the Shore Lane Plat, and a mobile home
park and condominium development to the west. Properties located to the east
are developed with single family homes on large lots which have future
development potential Subsequent development of the site will include
detached single family residential homes constructed on individual lots.
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.
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, future
development of a subdivision will add trips to the local street system. Upon
future development of the site, road and street frontage improvements to meet
Page 9 of 11
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281
the City of Kent roadway standards will be required as conditions of approval.
These improvements include but are not limited to curb, gutter, sidewalks,
planting strips, street lighting, paving, necessary street improvements, and public
stormwater conveyance. The applicant will be required to participate in other
City transportation improvement projects by providing an environmental '
mitigation fee for the impacts created by future development.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
The subject parcel was annexed to the City of Kent on January 1, 1996 and is
currently developed with 19 dwelling units and several out buildings.
In 2004, the Kent City Council adopted an update to the Kent 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. 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 1996, zoning for the area was set at SR-4.5 which was
consistent with existing land use patterns and represented what was actually
built at that time. Since that time significant improvements to roadway
infrastructure in the immediate area were completed, specifically the South
272"d1277th Street Corridor located to the west of the site. This corridor provided
roadway connectivity from the East Hill area of Kent to the valley floor and
provides direct freeway access for residents coming off the Kent East Hill. In
addition, the intersection of 116th Avenue SE and Kent Kangley is being widened
and realigned and 116th Avenue SE is currently being widened south of SE 256th
Street in order to provide additional capacity to the 272nd/277th Street Corridor.
5. The proposed rezone will not adversely affect the health, safety
and general welfare of the citizens of the City of Kent.
Planning Services Comment
The proposed rezone is consistent with the intent of the Comprehensive Plan.
Subsequent development on the site will be required to meet applicable codes
and regulations, including mitigation of anticipated environmental impacts.
Page 10 of 11
Staff Report
Meridian Banks Rezone
#RZ-2005-7 KIVA #2052281
Therefore, the rezone proposal will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent.
V. CITY STAFF RECOMMENDATION
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 Meridian Banks rezone.
KENT PLANNING SERVICES
January 11, 2006
LM:ch S:\Permit\Plan\rezone\2005\2052281-2005-7report.doc
Page 11 of 11
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
W A S H I N G T O N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF MEMO
FOR HEARING EXAMINER MEETING OF
May 10, 2007
FILE NO: Meridian Banks Rezone
#RZ-2005-7 KIVA# 2052281
APPLICANT: Ted Nixon
CNA Architects
10715 SE 2561h Street
Kent, WA. 98030
RE UEST: A request to rezone 6.3 acres of property from SR-4.5 single family
residential to SR-6, single family residential.
STAFF
REPRESENTATIVE: Lydia Moorehead, Planner
(, STAFF
RECOMMENDATION: APPROVAL
NEW INFORMATION
Pursuant to the Hearing Examiner's decision on the Meridian Banks Rezone SEPA Appeal
(AP-2005-5), the proposed rezone and preliminary plat were considered together under a new
environmental review (ENV-2005-7). A Mitigated Determination of Non-Significance was issued
on January 19, 2007. Based on the combined environmental review of the proposed rezone
and plat the City believes that the rezone request is consistent with the City's Comprehensive
Plan and the rezone approval criteria contained in Section 15.09.050 KCC as outlined in the
rezone staff report dated January 18, 2006. The City's recommendation on the rezone remains
the same.
KENT PLANNING SERVICES
May 10, 2007
S:\Permit\Plan\rezone\2005\2052281-2005-7staff memo.doc
•
KENT
CITY OF KENT
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No.#ENV-2005-57 Project MERIDIAN BANKS SUBDIVLSION
#RPSA-2053168 AND REZONE
Description The applicant proposes to subdivide a 6.3 acre site into 27 single family lots. Additional
improvements include a stormwater detention vault,a private road connecting to SE
258`" Street, and associated utility Improvements. The site contains a Category 2
wetland along the south side of the property adjacent to Lake Meridian. In addition,the
applicant has submitted an application to rezone the site from SR-4.5, Single Family
Residential to SR-6, Single Family Residential. Pursuant to the Hearing Examiner's
decision on the Meridian Banks Rezone SEPA Appeal(AP-2005-5),the proposed rezone
and preliminary plat are considered together under this environmental review.
Location The site is located on the northern shore of Lake Meridian south of 258"'Street. The
address is 25840 135"'Lane SE and the property is identified by King County tax parcel
number 2722059164.
Applicant Ted Nixon
CNA Architects
10715 SE 256'h Street
Kent,WA.98030
Lead Agency CITY OF KENT
�j 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.
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 2,2007.
Responsible Official Kim Marousek.AICP
Position/Title SEPA OFFICIAL
Address 220 S. Fourth,6 v n e : (253)856-5454
Dated January 19. 2007 Stg
APPEAL PROCESS: AN APPEAL OF A DETERMINATIO F NONSIGNIFICANCE(DNS)MUST BE MADE TO
THE KENT HEARING EXAMINER WITHIN 1OURTEEN(14)FOLLOWING THE END OF THE COMMENT PERIOD
PER KENT CITY CODE 11.03.520.
C� CONDITIONS/MITIGATING MEASURES:
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 ,trects =or above the V/ C ratios established for that Mobility
Mdnayement 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.
OR
Mitigated DNS
Meridian Banks Subdivision&Rezone
#ENV-2005-57 KNA RPSA#2053168
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 an Environmental Mitigation Fee to
participate in,and pay a fair share of the construction costs of the City's South 272nd Street/South
277'h Street Corridor Project.The minimum benefit to the Owner/Subdivider is estimated at$19,224
(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 0 new PM Peak Hour Trips(at the half-rate of$1068
per Peak Hour Trip),plus 9 new PM Peak Hour Trips(at the full rate of$2136),and the capacity of
the South 272nd Street/South 277d'Street Corridor.
a. The final benefit value in 1986 dollars was determined based upon the number of new lots
that could be approved for SR-4.5 zoning 26 x 5700/7600 = 19 Lots, at the half rate of
$1068 per lot,plus 27-19=8 lots at the full rate of$2136 per lot.Credit was given for the
first 19 residential lots.
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.The final benefit per lot in 1986 dollars is
$19,224/27=$712 per 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 277`" Street/South
272nd Street Corridor which is providing 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 wide vertically separated asphalt walkway conforming to Standard Detail 6-
60, or a 5-foot wide horizontally separated cement concrete sidewalk,from the end of the 5-foot
wide sidewalk constructed along the south side of Southeast 258d'Street to the cement concrete
sidewalks serving Meridian Elementary School.At the sole discretion of the Public Works Director,
fees-in-lieu of design and construction may be acceptable to satisfy this requirement.
3. The applicant shall redesign the plat to comply with City of Kent Ordinance No. 3746 regarding
critical area regulations, which involves submitting a revised Wetland Delineation Report that
complies with the City's wetland decision provided in the November 17,2006 letter and attachment
from Erin Fehringer,Environmental Engineer.
4. The applicant shall coordinate with the King County Health Department to determine appropriate
measures for well protection and provide documentation to the City from the King County Health
Department regarding well protection measures, if any are required, prior to the issuance of civil
construction permits.
5. 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 bioretention areas
with curb cuts in planting strips along roadways.
6. 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.
7. 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 uF to 10% 1 the overall height ma be perm-ssible and are subject to rcviow
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.
S:\Permit\PI an\Env\2005\2053168 mdns.doc
2of3
Mitigated DNS
Meridian Banks Subdivision&Rezone
#ENV-2005-57 KNA RPSA#2053168
CERTIFICATE OF POSTING
I,Kim Marousek,Responsible Officwl under the Washington Administrative Code(WAC)Chapter 197-11-788 and 910,
and Kent City Code Chapter 11.03.410 do he eby declare th the Determination of Nonsigniflcance,as desmt�ed in
this public notice, was duly posted or( l by a member of Kent Planning
Services,on or near the site described th n.
Kim d ,AICP,Response ici
r�
3of3
i
' COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Planning Manager
Phone 253-856-5454
K E N T Fax 253-856-6454
WASHINGTON Address 220 Fourth Avenue S
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
MERIDIAN BANKS REZONE
#ENV-2005-41 KIVA #2052278
Kim Marousek, AICP- Responsible Official Staff Contact- Lydia Moorehead
I. PROPOSAL
The applicant is requesting a Zoning Map Amendment (Rezone) for a 6.32-acre parcel
The site is currently zoned SR-4 5 Single Family Residential. The applicant has
proposed a rezone to SR-6 Single Family Residential. The City of Kent Comprehensive
Plan Land Use Map designates the property as SF6, Single Family 6 Units/Acre.
The subject property is located on the northern shore of Lake Meridian south of 258th
Street. The address is 25840 1351h Lane SE and the subject property is identified by
King County tax parcel number 2722059164.
II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State
Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB
6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management
(Chapter 12.11, Kent City Code) will require concurrent improvements or the execution
of binding agreements by the Applicant/Owner with Kent to mitigate identified
environmental impacts. These improvements and/or agreements may include
improvements to roadways, intersections and intersection traffic signals, stormwater
detention, treatment and conveyance, utilities, sanitary sewerage and domestic water
systems. Compliance with Kent's Construction Standards may require the deeding/
dedication of right-of-way for identified improvements. Compliance with Title 11.03 and
11 06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the
City of Kent. Compliance with the provisions of Chapter 6 12 of the Kent City Code may
require provisions for mass transit adjacent to the site.
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.
Decision Document
Meridian Banks Rezone
ENV-2005-41, KIVA 2052278
III. ENVIRONMENTAL ELEMENTS
A. Earth
The site slope varies from five percent slope on the upper portion of the site up to
12 percent slope down to the shore of Lake Meridian. Soils are described as
sand loam and glacial till.
B. Water
The site extends to the northern shore of Lake Meridian. The proposed project is
located in the Lake Meridian watershed, which flows into the Green River via
Lake Meridian and Soos Creek. The site contains a wetland along the shore of
Lake Meridian. The proposed non project rezone will not impact the wetland;
however future development on the site will require a delineation of the wetland
and compliance with the Critical Areas Ordinance. Subsequent project level
environmental review, pursuant to SEPA, will be required for any development
proposed on the site ,
D. Plants
Existing vegetation includes water vegetation in/near the lake, grass and a
variety of deciduous and evergreen trees.
E. Animals
This site is adjacent to Lake Meridian which is known to provide habitat for
salmonids (Kokanee). The Natural Marine Fisheries Service (NMFS) currently
lists certain species of salmonids as threatened or endangered species The
following wildlife have also been observed at the site: bass, trout, turtles, frogs,
raccoons, blue herons, falcons, non-nesting eagles, waterfowl, deer, osprey,
snails, and coyotes. It should be noted that the nearest known eagle nest is
located approximately 1 mile south of the site.
This rezone will not cause significant and/or additional threat to habitat; however
subsequent development could potentially create an adverse impact to habitat.
F. Land and Shoreline Use
This site is adjacent to Lake Meridian which is designated Urban - Lake
Residential in the City's Shoreline Master Program. The subject property is
currently zoned SR-4.5, single family residential with a Comprehensive Plan
Land Use designation of SF-6, single family six units per acre. The property
currently contains 18 cabins, one single family home, several out-buildings and a
dock.
G. Housing
Future development of the site under SR-6 zoning could potentially result in up to
38 dwelling units �I
H. Transportation �I
The proposed rezone is consistent with the Comprehensive Plan land use
designation for this site. The City has generally evaluated transportation impacts
through the Comprehensive Plan development process, consistent with the
adopted land use map. Therefore, this non project action will not create
Page 2 of 3
Decision Document
Meridian Banks Rezone
ENV-2005-41, KIVA 2052278
significant adverse impacts to the transportation system. Subsequent project
level environmental review, pursuant to SEPA, will be required for any
development proposal on this site.
IV. SUMMARY AND RECOMMENDATION
A. It is appropriate per WAC 197-11-660 and RCW 43.21C 060 that the City of Kent
establish conditions to mitigate any identified impacts associated with this
proposal. Supporting documents for the following conditions and mitigating
measures include:
1. City of Kent Comprehensive Plan as prepared and adopted pursuant to
the State Growth Management Act.
2. The State Shoreline Master Program and the Kent Shoreline Master
Program
3. Kent City Code Section 7.07 Surface Water and Drainage code
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 Uniform Building and Fire Codes
14. Kent Zoning Code.
1 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 Critical Areas Ordinance
21. City of Kent ESA Response Resolution 1605.
B. A Determination of Nonsignificance (DNS) is issued for this proposal
KENT PLANNING SERVICES
November 18, 2005
S\Permit\Plan\Env\2005\2052278-2005-41 doc
Page 3 of 3
Kent City Council Meeting
Date March 4, 2008
Category Bids - 8A
1. SUBJECT: 4TH AND JAMES STREET IMPROVEMENTS
2. SUMMARY STATEMENT: The bid opening for this project was held on
February 26, 2008, with five (5) bids received. The low bid was submitted by
Sanders General Construction in the amount of $3,216,275.72. The Engineer's
estimate was $3,282,164.45.
I
3. EXHIBITS: Public Works Memorandum
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to award the contract on Schedule A: James Street Improvements (4th Ave. N.
to the Interurban Trail) and Schedule B: 4th Ave. N. & W. Cloudy Street
Improvements to Sanders General Construction, in the amount of $3,216,275.72,
and authorize the Mayor to sign all necessary documents.
DISCUSSION:
ACTION: h1�
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6500
PHONE: 253-856-5500
Memorandum
DATE: February 26, 2008
TO: Mayor Cooke and Kent City Councilmembers
THROUGH: Larry R. Blanchard, Public Works Director
FROM: Ken Langholz, Senior Project Engineer
RE: Schedule A: James Street Improvements (41h Ave. N. to the
Interurban Trail)
Schedule B: 4th Ave. N. & W. Cloudy Street
Bid opening for this project was held on February 26, 2008 with five (5) bids received.
The low bid was submitted by Sanders General Construction in the amount of
$3,216,275.72. The Engineer's estimate was $3,282,164.45. The Public Works
Director recommends awarding this contract to Sanders General Construction.
Bid Summary
Sanders General Construction $3,216,275.72
Rodarte Construction $3,238,021.89
Dennis R. Craig Construction $3,695,979.41
Gary Merlino Construction Co. $3,967,710.76
R.W. Scott Construction $4,629,991.45
IEngineer's Estimate $3,282,164.45
City of Kent Public Works Department
u:\pwcommittee\council\bidmemo.doc
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
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E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE 0-\
G. PUBLIC WORKS � � 7
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
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KENT
WASHINGTON
OPERATIONS COMMITTEE MINUTES
FEBRUARY 5, 2008
Committee Members Present: Debbie Raplee, Les Thomas and Tim Clark
The meeting was called to order by Chair Tim Clark at 4:06 p.m.
1. APPROVAL OF MINUTES DATED JANUARY 15, 2008, 2007
Les Thomas moved to approve the minutes of the January 15, 2008,
Operation Committee meeting. Debbie Raplee seconded the motion, which
passed 3-0.
1 2. APPROVAL OF VOUCHERS DATED JANUARY 15, 2008 AND JANUARY 31,
2008
Finance Director Bob Nachlinger presented the vouchers for January 15, 2008 and
January 31, 2008, for approval.
Debbie Raplee moved to approve the vouchers dated January 15, 2008 and
January 31, 2008. Les Thomas seconded the motion, which passed 3-0.
3. COPIER FLEET REPLACEMENT - LEASING AGREEMENT W/RICOH
BUSINESS SYSTEMS
Information Technical Support Manager Paul Dunn presented the Copier Fleet
Replacement - Leasing Agreement with Ricoh Business Systems. Mr. Dunn advised that
the City's leased copier fleet is now 5 years old and is ready for replacement. During
2007, the Information Technology Department conducted a City-wide survey of
computer printers, copiers, and facsimile machines. Based on the results of this survey,
it was estimated that the City spends approximately $440,000 per year in
printing/copying, and faxing activities. Following this research, an "anticipated state"
was developed. This "anticipated state" represents a modified printer/copier fax
machine profile that when adopted, will save the City an estimated $120,000 per year in
printing/copying/and faxing charges. Based on the "anticipated state", the Information
Technology Department issued a Request for Proposals from vendors to supply the City
with its replacement fleet. We received 10 proposals from 8 vendors. We conducted in-
depth interviews with 4 finalist vendors, and settled on Ricoh Business Systems as the
chosen vendor. The leasing costs are billed back internally to departments, and the
overall costs are already budgeted by the City.
2,
Operations Committee Minutes
February 5, 2008
Page: 2
Les Thomas moved that the City Council authorize the Mayor to enter into
leasing agreements with Ricoh Business Systems to supply the City with
Multi-Function Copier, Printer and Facsimile devices under the KCDA (King
County Director's Association) Master Contract. Debbie Raplee seconded the
motion, which passed 3-0.
4. WORKERS COMPENSATION CLAIMS ADMINISTRATION AGREEMENT
W/BERKLEY RISK ADMINISTRATORS, LLC
Risk Management Officer Chris Hills presented the Workers Compensation Claims
Administration Agreement with Berkley Risk Administrators, LLC, was in Minnesota with
a local office in Tukwila. For the past eight (8) years, the City has used Sedgwick Claims
Management Services, Inc., formerly Johnston & Culberson, Inc., for workers'
compensation claim administration services, based in Memphis, TN. Due to proposed
cost increases in the current contract and perceived decreases in service
responsiveness, Risk Management requested proposals in August 2007 from a number
of national and regional firms to evaluate their ability to serve the City's claims
administration needs. After evaluating and scoring the proposals, the City invited the
top three proposers, and Sedgwick, to participate in interviews in October 2007. At the
conclusion of the interviews, the interview panel determined that Berkley Risk
Administrators, LLC best served the City's needs based on its overall pricing, service
approach, and proximity. Mr. Hills advised that the budget impact is within established
budget and below the cost of the proposed 2008 contract with Sedgwick CMS.
Debbie Raplee moved to recommend council authorize the Mayor to sign the
Workers' Compensation Claims Administration Agreement with Berkley Risk
Administrators Company, LLC in the annual amount of $51,250, per year for 3
years, subject to final terms and conditions acceptable to the City Attorney.
Les Thomas seconded the motion, which passed 3-0.
5. COMPREHENSIVE COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE
MASTER PLAN
Information Technology Director Mike Carrington presented the Comprehensive
Communication Technology Infrastructure Master Plan. Carrington advised that as a
critical contributor to the 2008 multiyear Technology Plan, the Comprehensive
Communications Technology Infrastructure Master Plan assesses the City's current state
of connectivity, telecommunications capability and associated requirements. From that
assessment a strategic set of telecommunications goals will be established for executive
and Council consideration. Assessment, evaluation and planning for multiple related
technology considerations include focus in the following areas: Communications
Infrastructure & Engineering Assessment, Information System Solutions with
technologies like VoIP (Voice over Internet Protocol) and others, Communications
Deployment Feasibility, Fiber and Wireless Master Planning, Fiber and Wireless Building
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Operations Committee Minutes
February 5, 2008
Page: 3
Code Composition, and Telecommunications Technology Aggregation. Carrington
advised that final deliverable will include, but not be limited to a Kent specific
Comprehensive Communications Technology Infrastructure Master Plan and Report and
that funding for this multi-phase initiative was budgeted as a component of the 2007
Interim Technology Plan and adopted as part of the City of Kent 2007 Final Budget.
Les Thomas moved to recommend the Council authorize Mayor Cooke to sign
purchase orders supporting the completion of the City's Comprehensive
Communications Technology Infrastructure Master Plan, for a total amount not
to exceed $98,000. Debbie Raplee seconded the motion, which passed 3-0.
6. DIGITAL UPGRADE AND MULTIMEDIA WORKFLOW MANAGEMENT SYSTEMS
Information Technology Director Mike Carrington presented the Digital Upgrade and
Multimedia Workflow Management Systems. Carrington advised that the City is seeking
f authorization for IT Multimedia's set of technology related projects focusing on the
■ following broadcast and workflow/requisition improvements: Digital Capture, Cable TV
Broadcast System, Video Bookmarking, Digital Audio & Video Editing Systems,
Workstation and Equipment Rack Replacements, Multimedia Requisition and Services
Support System, Agenda & Minutes Software, and Audio Features and Improvements.
Carrington further advised that funding for these projects fall within the 2007 Interim
Tech Plan, adopted as part of the City of Kent 2007 Final Budget.
Debbie Raplee moved to recommend the Council authorize Mayor Cooke to
sign purchase orders supporting the completion of the City's Digital Upgrade
and Multimedia Workflow Management Systems, for a total amount not to
exceed $288,000. Les Thomas seconded the motion, which passed 3-0.
7. JAIL COST STUDY
Chief Administrative Officer John Hodgson presented the Jail Cost Study. Hodgson
advised that some of the cities in South King County have been meeting for several
months to consider building a regional jail. The City of Kent has been asked to
participate in the regional jail study cost. Kent's portion of the jail study cost will not
exceed $40,000.
Les Thomas moved to recommend that Council authorize the Kent Police
Department to participate in the cost of a regional jail study, not to exceed
$40,000, and to place this item on Other Business. Debbie Raplee seconded
the motion, which passed 3-0.
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Operations Committee Minutes
February 5, 2008
Page: 4
S. CAPITAL ASSET REPLACEMENT FUND POLICY RESOLUTION
Finance Director Bob Nachlinger presented the Capital Asset Replacement Fund Policy
Resolution. Nachlinger advised that the City, in its annual budget adoption process,
included specific financial policies as part of its adopted budget. The City Council's 2008
budget, adopted by Ordinance 3867, incorporated the 2008 preliminary budget, which
sets forth the 2008 financial policies. The adopted financial policies are intended to
establish "best practices" in the areas of public debt, cash management and
investments, budget development and adjustment, and revenue collection. Although
not specifically addressed in this policy, the city has applied this same reserve fund
practice for its capital assets, including, without limitation, fleet vehicles, street overlays, '
equipment, building maintenance, a reserve fund for replacement and refurbishment for
the Kent Event Center. On the recommendation of the city's Finance Director, the city
council has determined that this reserve fund practice helps keep the city in a sound
fiscal position. Accordingly, the city council has determined to restate its financial policy
to clarify that the city's reserve fund protocol should apply generally to the city's capital
assets in 2008 and in the future.
Debbie Raplee moved to recommend Council adopt the proposed resolution
which relates to establishing an expanded Capital Asset Replacement Fund
policy. Les Thomas seconded the motion, which passed 3-0.
9. CONTINGENT LOAN AGREEMENT-KENT EVENTS CENTER PUBLIC FACILITIES ,
DISTRICT
Finance Director Bob Nachlinger presented the Contingent Loan Agreement-Kent
Events Center Public Facilities District. Nachlinger advised that upon the advice of
bond counsel, the City has been asked to amend the existing Contingent Loan
Agreement between the city and the Kent Special Events Center Public Facilities
District. These changes are recommended after more detailed review of state and
federal taxation and securities laws in order to obtain the best interest rates and
returns on the Kent Events Center bond issues.
Les Thomas moved to recommend Council authorize the Mayor to sign all
documents necessary to amend the Form of Contingent Loan Agreement
between the city and the Kent Events Center PFD, previously authorized by _
Ordinance No. 3863, and to amend the Ordinance, if necessary, subject to
approval of final terms and conditions by the Finance Director and the City
Attorney. Debbie Raplee seconded the motion, which passed 3-0.
JZmeting adjou ed at 504 p.m.
c ,
Renee Cameron
Operations Committee Secretary
Page 1
City of Kent
Parks and Human Services Committee Meeting
KENT Minutes of January 17, 2008
W A S M i M G-
Call to Order: Debbie Ranniger called the meeting to order at 5:00 p.m.
Council Present: Chair Debbie Ranniger, Elizabeth Albertson, Ron Harmon
Item #1: Minutes of November 16, 2007 — Approve
Ron Harmon moved to approve the minutes of November 16, 2007. Elizabeth
Albertson seconded and the motion carried 3-0.
Item #2: Ordinance to Amend Kent City Code 4.02 - Arts Commission Youth
Representative — Adopt
Cultural Programs Manager Ronda Billerbeck reported that the proposed ordinance
would amend chapter 4.02 of the Kent City Code to expand membership of the
Kent Arts Commission to include a youth representative with full voting rights.
Other housekeeping amendments clarify term lengths and appointment process.
Debbie Ranniger commented on what a great opportunity this is and asked how
applicants will know this membership exists. She suggested working with visual art
teachers for contacts. Ronda replied that she plans to ,get direction from the Mayor
on how to proceed.
Elizabeth Albertson moved to recommend Council adopt the proposed ordinance
which amends chapter 4.02 of the Kent City Code to expand the membership of the
Kent Arts Commission to include a youth representative, and to make other
housekeeping amendments. Ron Harmon seconded and the motion carried 3-0.
Item #3: 2008 WESTAF TourWest Grant - Accept and Amend Budget
Cultural Programs Manager Ronda Billerbeck stated that the Western States Arts
Federation (WESTAF) awarded the Kent Arts Commission a `TourWest" grant to
fund the presentation a touring performance and educational activities in the 2007-
2008 Spotlight Series season. The maximum amount of $2,500.00 has been
awarded to present one of India's greatest slide guitarists, Debashish Bhattacharya,
in concert on April 19, 2008.
Ron Harmon moved to recommend accepting the $2,500.00 grant from Western
States Arts Federation and approving for expenditure of funds in the Kent Arts
Commission's budget. Elizabeth Albertson seconded and the motion carried 3-0.
Item #4: 2008 King County Developmental Disabilities Division Grant —
Accept and Amend Budget
Superintendent of Recreation and Cultural Services Lori Hogan explained that King
County and Human Services Developmental Disabilities Division granted the Kent
Parks Adaptive Recreation Division $8,000.00 for calendar year 2008. The grant will
Page 2
support the inclusive day camp known as "WALKAPALA Too." The money is
provided in two $4,000.00 installments in July and December.
Elizabeth Albertson moved to recommend Council accept the 2008 King County
Developmental Disabilities Division grant and approve expenditures in the Adaptive
Recreation budget. Ron Harmon seconded and the motion carried 3-0. 1
Item #5: Interlocal Cooperation Agreement for the Regional Affordable
Housing Program (RAHP) - Authorize
Katherin Johnson and Jason Johnson of Housing and Human Services reported that
the Regional Affordable Housing Program (RAHP) is the countywide affordable
housing program that was created with the passage of Substitute House Bill (SHB)
2060 in 2002, and is now codified as RCW 36.22.178. SHB 2060 created a
surcharge on the document recording fee to support affordable housing projects at
the state and local level. The SHB 2060 revenue is administered by the King
County HCD Program in the Department of Community and Human Services.
Allocation decisions are made by the King County Consortium's interjurisdictional
Joint Recommendations Committee. The RAHP has sub-regional allocation targets
for each of three sub-regions: City of Seattle (37.90/o), South County (32.70/'o), and
North/East County (29.4%). The RAHP will continue to benefit our communities
through the provision of new affordable housing for many years to come.
Ron Harmon moved to recommend Council authorize the Mayor to sign the Regional
Affordable Housing Program Interlocal Agreement. Elizabeth Albertson seconded
and the motion carried 3-0.
Item #6: Fee-In-Lieu Funds — Accept and Amend
Parks and Open Space Superintendent Lori Flemm informed the Committee that
between October and December 2007, the City of Kent received a total of
$117,750.00 from six developers who voluntarily paid fees in lieu of dedicating park
land to mitigate the development of single family homes in six subdivisions:
• Arbor Heights 360 Budget: $15,150.00 for Krueger Rodney.
• Turnkey Park Budget: $53,325.00 from TLT Development Lic.
• Eagle Creek Park Budget: $6,975.00 from 2R Development Group Lic.
• Wilson Playfields Park Budget: $6,750.00 from Pitzer Homes Inc.
• Wilson Playfields Budget: $15,675.00 from JP Holdings Lic.
• Garrison Creek Park Budget: $19,875.00 from Grison Reach Lic.
Ron Harmon asked for clarification of fee-in-lieu of vs. constructing parks and size
restrictions. Lori explained that we have 44 different neighborhood park service
areas. If there is a subdivision within that neighborhood, or we have a project
planned in our CIP, staff meets with developers to discuss expansion and
development, especially if under $10,000, which is usually a four lot subdivision.
These lots are too small to accommodate any park or open space park. Location is >�
also discussed because we are mandated to use the funds within six years of
collection. Certain PUD's are required to have on-site recreation elements, as well
Parks and Human Services Meeting Page 2
January 17, 2008
Page 3
as multi-family developments. We do not collect a fee-in-lieu from multi-family
developments, just single family developments.
The developer has options. They can dedicate 5% of total subdivision. If the
property is too small, we usually ask for fee-in-lieu funds. They also can dedicate
park property, but for public parks only. Many subdivisions don't want a public park
in their neighborhood. The land is dedicated park and open space in closest to the
new construction sites. The fee is based on assessed land values, which works out
to 5-70/o of the land valley only.
Elizabeth Albertson moved to recommend Council accept the $117,750.00 fee-in-
lieu funds for the fourth quarter and approve the expenditure of funds in the Arbor
Heights 360, Turnkey Park, Eagle Creek Park, Wilson Playfields, and Garrison Creek
Park budgets. Ron Harmon seconded and the motion carried 3-0.
Item #7: King County Youth Sports Facility Grant for Batting Cages at
Wilson Playfields — Accept and Amend Budget
1 Parks and Open Space Superintendent Lori Flemm stated that staff submitted a
Youth Sports Facility grant (YSFG) request to King County on June 29, 2007. The
grant request was approved by the King County Department of Natural Resources
and Parks on October 17, 2007. The funds will be used to construct the City's first
two public batting cages at Wilson Playfields. The Kent Lions Club is our community
partner and will provide $4,000.00 for materials, as well as volunteer labor to
assemble site amenities. The work will be completed by Parks staff and volunteers
this summer. Lori added that the house on site has been demolished except for the
garage which will be used for storage.
tRon Harmon questioned light restrictions in parks. Lori responded that the lights
are turned off at 9:00 p.m., and parking lot lights are turned off at 9:30 p.m.
Ron Harmon moved to recommend Council accept the King County Youth Sports
Facility grant of $30,000.00 to fund the batting cages at Wilson Playfields project,
approve the expenditure of funds in the Wilson Playfields budget and authorize the
Mayor to sign the grant agreement. Elizabeth Albertson seconded and the motion
carried 3-0.
Item #8: Agreement Amendment with Aquatic Management Group for
Kent Pool - Authorize
Parks Director Jeff Watling Jeff introduced the CEO of Aquatic Management Group
(AMG) Sean Hutchison. He explained that the original five-year agreement with
Aquatic Management Group (AMG) expires on March 6, 2008. This amendment
extends the agreement to 2011. This changes the end date to match the end date
of the lease agreement with the Kent School District and puts it on a year-to-year
basis. It also proposes to increase the city's operating contribution to $80,000.00,
which reflects the city's actual support over the past five years.
Parks and Human Services Meeting Page 3
January 17, 2003
1
PUBLIC WORKS COMMITTEE MINUTES
DATE FOR FEBRUARY 04, 2008
Committee Members Present: Committee Chair Deborah Ranniger, and
Committee Member Ron Harmon and Debbie Raplee were present. The meeting
was called to order at 5:04 p.m.
ITEM 1 — Approval of Minutes Dated January 22, 2008:
Committee Member Harmon moved to approve the minutes of January
22, 2008. The motion was seconded by Raplee and passed 3-0.
ITEM 2 — Surplus and Disposal of Water Department Warehouse Inventory
Items:
Ron Green, Fleet Superintendent explained that the Warehouse Section of Public
Works manages parts and material inventories for the City's Water, Drainage and
Sanitary Sewer Utilities. A number of the items are 20 years old and are obsolete
and parts are no longer available. Fleet Services proposes to dispose of these
surplus and obsolete items provided for under RCW 35.94.040, and establish that a
public hearing date be set.
Raplee moved to recommend adoption of the proposed resolution to set a
public hearing to consider comments on the declaration of certain public
L utility equipment as surplus, 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 3 — 2008 Contract with DCI Engineers/Update of Construction
Standards, Specifications and Development Assistance Brochures:
Tim LaPorte, Deputy Public Works Director explained that due to a shortage of
qualified engineers to fill the vacancies in Development, and since new construction
will continue at a consistent pace he would like to contract with DCI Engineers to
continue to update the construction standards and specifications. Larry Blanchard,
Public Works Director noted that in the course of the year some projects are
1 contracted out to consultants due to need for the expertise required by a specific
project when existing Public Works Engineering staff does not have the required
expertise or in the event personnel is not adequate to complete the project. In
some cases during peak periods of development consultants are required to meet
this demand.
Harmon moved to recommend authorization for the Mayor to sign the
contract with DCI Engineers, Inc. to continue updating the City's
construction standards, specifications, and development assistance
brochures in an amount not to exceed $30,000, upon concurrence of the
language therein by the City Attorney and Public Works Director. The
motion was seconded by Raplee and passed 3-0.
Page 1 of 3
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PUBLIC WORKS COMMITTEE MINUTES
DATE FOR FEBRUARY 04, 2008
ITEM 4 - 2008 Engineering Peer Review Contact with DCI Engineers:
Tim Laporte, Deputy Public Works Director explained that due to a shortage of
qualified engineers to fill the vacancies in Development, and since new construction
will continue at a consistent pace he would like to contract, if needed, with DCI
Engineers for review of private development projects. It was noted that the
contracts are standard contracts and are not attached due to our Contract Specialist ,
being on a lengthy jury trial but will be provided with the Council packet.
Raplee moved to recommend authorization for the Mayor to sign the
contract with DCI Engineers, Inc. to provide professional engineering
services to the City for peer review of civil construction plans in connection
with proposed development projects in an amount not to exceed $40,000,
upon concurrence of the language therein by the City Attorney and the
Public Works Director. The motion was seconded by Harmon and passed
3-0.
ITEM 5 - 2008 Engineering Peer Review Contract with Otak, Inc.:
Tm Laporte, Deputy Public Works Director explained that due to a shortage of
qualified engineers to fill the vacancies in Development, and since new construction
will continue at a consistent pace he would like to contract, if needed with Otak,
Inc., for review of private development projects. It was noted that the contracts
are standard and are not attached due to our Contract Specialist being on a lengthy
jury trial. The contract will be provided to the committee with the Council packet.
Harmon moved to recommend Council authorize the Mayor to sign the
contract with Otak, Inc., for professional engineering services for peer
review of civil construction plans in connection with proposed development
projects, not to exceed $40,000 upon concurrence of the language therein
by the City Attorney and the Public Works Director. The motion was
seconded by Raplee and passed 3-0.
ITEM 6 - 2008 Engineering Peer Review Contact with Skillings Connolly: t
Tim Laporte, Deputy Public Works Director explained that due to a shortage of
qualified engineers to fill the vacancies in Development, and since new construction
will continue at a consistent pace he would like to contract, if needed, with Skillings
Connolly for review of private development projects. It was noted that the
contracts are standard contracts and are not attached due to our Contract Specialist
being on a lengthy jury trial. The contract will be provided to the committee with
the Council packet.
Raplee moved to recommend Council authorize the Mayor to sign the
contract with Skillings Connolly to provide professional engineering
services to the City for peer review of civil construction plans in connection
with proposed development projects, not to exceed $40,000, upon `
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PUBLIC WORKS COMMITTEE MINUTES
DATE FOR FEBRUARY 04, 2008
concurrence of the language therein by the City Attorney and the Public
Works Director. The motion was seconded by Harmon and passed 3-0.
ITEM 7 — Set Next Public Works Committee Meeting:
Due to the Presidents Day holiday on Monday, February 18, 2008 a Special Public
Works Committee meeting will be held on Monday, February 25, 2008 at 5:00 p.m.
Adjourned:
The meeting was adjourned at 5:52 p.m.
Next Meeting:
Monday, February �25, 2008 at 5:00 p.m. - Special
Cheryl V�ieth
Public Works Committee Secretary
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