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Tech Plan Mike Carrington 30 minutes 2. Aquatic Center Jeff Watling 30 minutes ********************************************************************** rCOUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Suburban Cities Association Update D. Employee of the Month E. Economic Development Report F. Kent Events Center Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Department of Social & Health Services Interlocal Contract Amendment for Safe Havens Services - Authorize D. HOME Investment Partnerships Program Interlocal Cooperation Agreement with King County - Authorize E. Around the Clock Lease Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. King Conservation District Reimbursable Grant for ReLeaf 2006 - Accept and Amend Budget G. Easement Agreement with WV68 for Landscaping Puget Trail Property - Authorize H. Easement Agreement with WV68 for Fire Truck Turn Around on Puget Trail Property - Authorize I. Maintenance Agreement with WV68 for Landscaping on Puget Trail Property - Authorize J. Commute Trip Reduction Agreement Amendment - Authorize K. 2nd Avenue & Harrison Street Improvements Fund Transfer - Authorize L. Limited Street License with Level 3 Communications, LLC - Authorize M. Limited Street License with AT&T Corporation - Authorize N. August 5, 2008, Council Meeting Time Change - Authorize 7. OTHER BUSINESS A. Meridian Banks Rezone Ordinance (Quasi-Judicial Proceeding) 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION 12. ADJOURNMENT 1 i NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. L L v p 7 >• V ` v uvoo 6 0 C ouv° v� ov > v `> s w= v avb —o.'o o =O C y rfl O N fO Q v v "s ya Q u v v c v v E v� L o > Q uLCL y i ar N�� E c E �U t d �� a`� v. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) SUBURBAN CITIES ASSOCIATION UPDATE D) EMPLOYEE OF THE MONTH E) ECONOMIC DEVELOPMENT REPORT F) KENT EVENTS CENTER UPDATE Kent City Council Meeting Date March 4, 2008 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through N. Discussion Action 6A. Auuroval of Minutes. Approval of the minutes of the regular Council meeting of June 17, 2008. 6B. ADuroyal of Bills. No numbers were available for approval. Kent City Council Meeting KENO WASHINOTON June 17, 2008 l The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Harmon, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Raplee added Council Vacancy to the Executive Session. B. From the Public. (CFN-198) There were no comments from the audience. PUBLIC COMMUNICATIONS A. Public Recocinition. (CFN-198) Mayor Cooke announced that Lori Flemm of the Parks Department, who was to be recognized tonight, is unable to attend tonight's meeting. B. Community Events. (CFN-118/198) Ranniger announced the opening of Town Square Plaza which will take place on Saturday, June 28, 2008. Mayor Cooke added that the Healthy Community Initiative, Kent4Health, will kick off at the same time. Ranniger also announced that lifeguards will be on duty at Lake Meridian from June 21st through September 1st. C. Kent Downtown Partnership Proclamation. (CFN-462) Mayor Cooke noted that Community Development Director Fred Satterstrom has represented the City of Kent with the Kent Downtown Partnership for sixteen years, and that he has a passion for downtown redevelopment. She proclaimed June 21, 2008, as Fred Satterstrom Downtown Day in the City of Kent, and presented the proclamation to Satterstrom. D. American Public Works Association Project of the Year Award. (CFN-155) Tina Nelson, Vice President of the American Public Works Association, presented their Project of the Year Award for Transportation to the City of Kent for their work on the S. 228th Street Extension project. E. Employee of the Month. (CFN-147) Mayor Cooke announced that Jennifer Harrell of the Environmental Engineering division has been named Employee of the Month for June. Her supervisor stated that Ms. Harrell is a specialist in horticulture and is very dedicated to her work. She was given the Employee of the Month plaque. F. Public Safety Report. (CFN-122) Chief Strachan gave a report on the recent DUI emphasis patrol, and on street racing. He presented awards to Accreditation Officers Andy Jackson and Brian Harvey, and Mayor Cooke administered the Oath of Office to new officers Jeff Kluzak, Matthew Barthelman, John Crane, Carrie Nastansky and Jason Jones. PUBLIC HEARINGS A. 2008 Performance Audit on Public Records. (CFN-1266) City Records Administrator Sue Hanson explained that Initiative 900, passed in November 2005, 1 Kent City Council Minutes June 17, 2008 gave the State Auditor's Office authority to conduct performance audits of state and local government entities, and that the City of Kent was one of the cities recently audited. She noted that the City responded in a timely fashion to all requests and correctly provided all information requested with the exception of one request where names were initially withheld based in part on privacy issues. The City Attorney noted that this public hearing is statutorily required to close the audit process. Mayor Cooke 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. CONSENT CALENDAR At the request of the Council President, Public Works Director Blanchard gave a brief review of the Transportation Master Plan (Consent Calendar Item J), including concur- rency, levels of service, specific projects, zoning, funding, and balancing requirements. Upon Clark's questions, Blanchard explained how a traffic model is created, how it is j reflective of the community, and how school districts are accommodated. Raplee then moved to adopt Consent Calendar Items A through K. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of May 20, 2008, and special Council meeting of May 27, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 3, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/08 Wire Transfers 3284-3300 $1,758,026.96 5/31/08 Regular 620868-621312 3,824,660.73 Void Checks 620384 0 Use Tax Payable 4,995.28 $5,587,682.97 C. 2007 Asphalt Overlay/ICON Materials Final Pay. (CFN-103) The 2007 Asphalt Overlay Project was accepted as complete. The original contract amount was $1,720,601.01. The final contract amount was $1,157,738.88. D. Non-Represented Classification and Compensation Study 2008. (CFN-147) Expenditure of budgeted funds to implement the 2008 Classification and Compensation Study beginning July 1, 2008, was approved. The Employee Services Department conducted the 2008 Non-Represented Classification and Compensation Study for the professional, technical, and administrative support positions throughout the City. E. Valley Communications Center Interlocal Agreement, First Amendment. (CFN-122) The Mayor was authorized to execute the First Amendment to the Valley Communications Center Interlocal Agreement. 2 t Kent City Council Minutes June 17 2008 F. Amendment to Countywide Planning Policies, Buildable Lands Report Ordinance. (CFN-961) Ordinance No. 3882 ratifying the proposed amendment to the Countywide Planning Policies approved under Growth Management Planning Council Motion No. 07-3, was adopted. This ordinance recognizes the 2007 King County Buildable Lands Report as final and complete in responding to the countywide and city evaluation requirements of RCW 36.70A.215 and recognizes its findings as the basis for any future measures that the City of Kent may need to adopt in order to comply with this section. G. Washington Traffic Safety Commission Grant for Laser Speed Measurement Unit. (CFN-122) The Washington Traffic Safety Commission grant in the amount of $3,000 to purchase one Stalker LIDAR-C (laser) speed measurement unit for the Kent Police Department's Traffic Unit was accepted. H. Washington Traffic Safety Commission Grant for Street Racing Emphasis Patrols. (CFN-122) The Washington Traffic Safety Commission grant in the amount of $7,500 for overtime costs associated with special emphasis patrols to deter street racing activities was accepted. I. Washington State Law Enforcement Boating Eguipment Grant. (CFN-122) The Washington State Parks and Recreation Commission grant funds, not to exceed $42,471, was accepted and the Kent Police Department was authorized to sign the Interagency Agreement. The funds will be used to assist with the purchase of a boat and motor for use on Lake Meridian. J. Transportation Master Plan. (CFN-164) Ordinance No. 3883 which adopts the 2008 Transportation Master Plan was adopted. Public Works Director Blanchard gave a brief review of this item before the Consent Calendar was approved. K. Amendment to Comprehensive Plan Transportation Element, Transportation Master Plan. (CFN-377/164) Ordinance No. 3884 amending the Transportation Element of the Kent Comprehensive Plan and incorporating the 2008 Transportation Master Plan by reference into the Kent Comprehensive Plan was adopted. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) The Mayor announced that she will be attending the Association of Washington Cities conference, and that the Suburban Cities Association is working on budget issues related to the impact of cuts at the county level on cities. Ranniger gave a brief description of the presentation on keeping children and youth safe and healthy which she gave at the Making Cities Livable conference. C. Operations Committee. (CFN-198) Clark noted that he recently attended a digital summit for government agencies, and that pointed out that the City is on the right track. iD. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be held on Thursday, June 19, at 5:00 p.m. 3 Kent City Council Minutes June 17, 2008 E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held on July 8th at 5:00 p.m. G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will be held on Monday, July 7, at 5:00 p.m. H. Administration. (CFN-198) CAO Hodgson pointed out that Town Square Plaza is near completion and that 48 parking spots have become available temporarily. He also said that the City has notified SCORE that it will not be moving forward in partnership on their jail project, although it may come in at a different time in the future. He said a task force made up of prosecutors, jail staff, court staff, probation, AFSCME union, Teamsters union, and two citizens will review sentencing practices as they relate to alternative sentencing, which may result in the ability to delay investing in physical structures to maintain the jail population. Hodgson stated that there is one item of property acquisition for discussion during the Executive Session, with no action anticipated afterward. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:20 p.m. and reconvened at 9:18 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION A. Council Vacancy. (CFN-198) Raplee moved to nominate the following individuals for consideration and interview for the vacant Council position: Dana Ralph, Dennis Higgins, Jamie Danielson, Jon Johnson, Michael Sealfon, Nicole Byzinker and Rashmee Sharma. Clark seconded and the motion carried. Raplee then moved that the City Council hold a special meeting at 5:30 p.m. on Tuesday, July 8, 2008, for the purpose of interviewing candidates, with the intent of selecting the successful candidate at that time. Clark seconded. The City Attorney clarified that these are guidelines which the Council will use to make it's decision and the procedures can be changed or adjusted as Council sees fit. The motion then carried. ADJOURNMENT The meeting adjourned at 9:20 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6C 1. SUBJECT: DEPARTMENT OF SOCIAL & HEALTH SERVICES INTERLOCAL CONTRACT AMENDMENT FOR SAFE HAVENS SERVICES - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the State of Washington, Department of Social & Health Services Interlocal Contract Amendment, for $50,000 to fund Safe Havens services, and approve the expenditure of funds in the Safe Havens budget. This amendment extends last year's grant for an additional year. These grant funds will be used for personnel costs in providing services to low income families at the Safe Havens Visitation and Exchange Center from July 1, 2008 through June 30, 2009. 3. EXHIBITS: State of Washington DSHS Interlocal Contract Amendment #0864-31175-01 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 June 1, 2008 City of Kent 220 4rh Avenue South Kent, Washington 98032 Attention: Katherin Johnson RE: INTERLOCAL CONTRACT FOR SAFE HAVENS SUPERIVSED VISITATION CENTER Dear Ms. Johnson: Please read this letter completely and carefully before you sign and return the attached document. Attached for your review and signature is a PDF version of your inter-local contract between the Department of Social and Health Services (DSHS) and the City of Kent for Safe Havens Supervised Visitation Center. Before you sign the contract, please carefully read it and ensure that your agency complies with all its terms. If you have any questions, call me before you sign. If you need to contact me, you can call me at (360) 902-7901 or email me at keIm300(a)-dshs.wa.gov . 1. Please print FOUR (4) copies of the contract for your signature. All four copies of your contract must be signed with an original signature. Do not make any other markings on the contract or its exhibits. !� 2. Mail all four signed copies of the contract to me at the address listed below. I'll return a copy to you for your files once DSHS has signed the contract. Sincerely, Maureen Kelly DSHS Children's Administration PO Box 45710 Olympia, Washington 98504-5710 Attachments DSHS CONTRACT NUMBER: CONTRACT AMENDMENT 0864-31175 SAFE HAVENS VISITATION Amendment No. 0864-31175-01 CENTER This Contract Amendment is between the State of Washington Department of Program Contract Number Social and Health Services(DSHS)and the Contractor identified below. 1501 Contractor Contract Number CONTRACTOR NAME CONTRACTOR doing business as(DBA) City of Kent CONTRACTOR ADDRESS WASHINGTON UNIFORM BUSINESS DSHS INDEXNUMBER IDENTIFIER(UBI) 220 4th Ave South 173-000-002 22475 Kent,WA 98032-5895 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Katherin Johnson 253 856-5073 Ext: 253 856-6070 1 kjohnson@ci.kent.wa.us DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Childrens Administration Program and Practice 2000LC-64 Im rovement DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Maureen Kelly PO Box 45710 Program Manager Olympia, WA 98504 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 360 902-7901 360 902-7903 kelm300 dshs.wa. ov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRAC7 CFDA NUMBERS No AMENDMENT START DATE CONTRACT END DATE 711/2008 6/30/2009 PRIOR MAXIMUM CONTRACT AMOUNT AMOUNT OF INCREASE OR DECREASE TOTAL MAXIMUM CONTRACT AMOUNT $50,000.00 $50,000,00 $100,000,00 REASON FOR AMENDMENT; CHANGE OR CORRECT PERIOD OF PERFORMANCE AND MAX CONTRACT AMOUNT ATTACHMENTS. When the box below is marked with an X,the following Exhibits are attached and are incorporated into this Contract Amendment by reference: ❑ Additional Exhibits(specify): This Contract Amendment, including all Exhibits and other documents incorporated by_reference;contains all of the terms and conditions agreed upon by the parties as changes to the original Contract. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract Amendment shall be deemed to exist or bind the parties. All other terms and conditions of the original Contract remain in full force and effect. The-parties signing below warrant that they have read and understand this Contract Amendment,and have authority to enter into this Contract Amendment. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Cecelia Callison, DSHS/CA Contracts Manager DSHS Central Contract Services Pagel 6024PF Contract Amendment(3-31-06) This Contract between the State of Washington Department of Social and Health Services (DSHS)and the Contractor is hereby amended as follows: 1. Purpose. The purpose of this amendment is to extend the period of performance, increase the total number of families served during this period, and increase the maximum consideration. 2. Period of Performance. The period of performance of this Contract is revised, by an additional 12 months, to extend the period of performance through the new end date stated on page 1 of this Amendment. The Special Terms and Conditions are amended as follows: 3. Section 4. Statement of Work, subsection c. is revised to read as follows: "c. Through the Safe Havens Visitation Center, the Contractor shall provide such services to 8 j families during the period of this amendment, for a total of 16 families during the entire contract period,with approximately 48 hours of services for each family." 4. Section 5. Consideration is amended as follows: "a. The maximum amount of total compensation payable to the Contractor for satisfactory performance of the work under this Agreement is increased by$50,000 for this period of performance,for a new total Maximum Agreement Amount as stated on page 1 of this Amendment" b. Allotted Funds not expended during a contract period ending on June 30"'shall not be carried forward into the following fiscal year." All other terms and conditions of this Contract remain in full force and effect. 1 l DSHS Central Contract Services Page 2 6024PF Contract Amendment(3-31-06) Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6D 1. SUBJECT: HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT WITH KING COUNTY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the 2009-2011 HOME Investment Partnerships Program Interlocal Cooperation Agreement with King County for affordable housing programs, subject to final terms and conditions acceptable to the City Attorney. The current Interlocal Cooperation Agreement for the King County HOME Consortium expires at the end of 2008. The new agreement is for 2009 - 2011. The City's continued participation in the HOME Consortium is advantageous for providing affordable housing for the residents of Kent. 3. EXHIBITS: Draft King County HOME Interlocal Cooperation Agreement, 2009- 2011 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: HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as ! fi d by 2 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local gove at is 1 ated within in : ian county may be part of a HOME consortium only through the , co , d WHEREAS, the City and King C ty agree that it 1 ; ually desirable and beneficial to enter into a consortium arrangement noses of the Investment Partnerships Program, hereinafter referred to as "HO "• NOW THERE IN CO ERATI OF THE FOREGOING CIRCUMSTANCES, D CONSIDE TION OF THE MUTUAL PROMISES CONTAINED HE N IS A ED THAT: 1. This A is ma s tional Affordable Housing Act of 1990, as amen d�j tt 12 seq. (t Act") and RCW 39.34, the Intergovernmental Co ation Act. f 2. The "' . d the Co un ' gree cooperate to undertake or assist in undertaking HOME Program ing assist an activities which are eligible under 24 CFR Part 92. 3. The County is y rized to act as the representative member on behalf of the Consortium for oses of the HOME Program. The County as the applicant and grantee for the HO Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including final responsibility for selecting and executing activities, ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan(Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. HOME Interlocal Agreement 1 of 5 2009-2011 The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2009, 2010 and 2011 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation participating HOME jurisdiction or an urban county is rescinded by the United Sta epartment of Housing and Urban Development,whichever is shorter. 5. This Agreement will be automatically renewed for w rt pation ccessive three-year qualification periods, unless the County or the p ,vides writte tice it wishes to amend or elects not to participate in the new q ication enod. Such -.h; n notice shall be given by the date set forth in an Ur ty Q ification Notiplicable to subsequent three-year qualification periods and pr d United Stated'' epartment of Housing and Urban Development. 6. The City and the County agree to a, amendment s greement incorporating changes necessary to meet the require operation a ents set forth in an Urban County Qualification Notice applicable =r a s ' ' t three ear qualification period, and to submit such amendments to the U< ed 5 ate ment of Housing and Urban Development. Failu t such ame ents will id the automatic renewal of such qualification pen - 7. Duringthe term of r ° t neither t County nor the City may withdraw from g tY Y Y participati their re tl nder this Agreement. 8. By cuting the I . x A nt, the City understands that it may not participate in a ' consortium e throu County, regardless of whether the County receives a HO mula allocati 9. This Agree ' shall be cuted in three counterparts, each of which shall be deemed an original,by th f e tive officers of the County and the City, pursuant to the authority granted them by : spective governing bodies. One of the signed Agreements shall be filed by the Co un ith the Region X office of HUD, one shall be filed with the City and j one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively HOME Interlocal Agreement 2 of 5 2009-2011 furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. 10. Joint Recommendations Committee Composition. An inter-jurisdictional Joint P J Recommendations Committee ("JRC") shall be established through Ihe 2009-2011 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives t cities representatives. The three county representatives shall be King Cou x tive st 'th broad policy responsibilities and/or department directors. Coun pt e tatives s specified in writing and, where possible, shall be consistently °=e same persons from g to meeting. Four of the cities representatives shall be from n title consortium ci signing the King County Consortium Interlocal Cooperation ' ent Regarding e Community Development Block Grant Program,two from each sub n. iThe remaining four cities represent a from cities lify to receive CDBG funds directly from HUD that are signin ei ' ' t Agreem egarding the Community Development Block Grant Program or a ME greement. These latter four representatives shall h . ote on matte. cific to urisdictions of the King County Consortium Interlo �oo on Agreeme Regardin the Community Development Block Grant Pro Two of the eight cities r s all be ated among the HOME Program-only Agreem , " he t resen ' vote on issues affecting HOME Program Agre nt Ci i e sp - � I to this Agreement. OME Progra ly A • ent Cities' rotating positions, the HOME Program Agree Cities will n a the unty by the end of the second week in February of each year, wh two HOM ogram-only Agreement City representatives will be for that year. The chairperson e-chairperson of the JRC shall be chosen from among the members of the JRC by a m rity vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 11. JRC Appointments. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed HOME Interlocal Agreement 3 of 5 2009-2011 mechanism will select four jurisdictions of varying size from among those signing this agreement,two from the north/east sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. 12. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the King County Executive all o y in ers concerning the King County CDBG Consortium and HOME Program C, ;'' ;um, including but not limited to the Consolidated Plan and related plans an icie ' b. Review and recommend to the King County Exec; '4Jth projects" rograms to be undertaken with King County CDBG Conso ' i funds and HOME F in Consortium funds, including the Administrative Set-as' c. Monitor and ensure that all geographic areas an 3, 'a > atin' jurisdiction benefit fairly from King County CDBG Consortium and HOME :e * am Consortium funded activities over the three-year agreement pe o far as is feasi d within the goals and objectives of the Consolidated Pl i p�b 13. Advisory Committees tqa, RC. In fulfi': i s duty iew and recommend projects l and programs to be 'th HOME ogram fun s, the JRC shall consider the advice of inter ju A ' ic tional ;3 sory commi es. Sub-regional advisory committees,made up of one repre ent from h participatin Isdiction in a sub-region that wishes to participate, shall be co e = is, ' the re ew and recommendation of projects and program ertake at _ The JRC may also solicit recommendations from < r rote -= ction using and community development committees. 14. 'ty shall assis Cou m developing the Consortium's HOME Program by partici a ' . in develop t t of t e Consolidated Plan to accommodate both the collective and indi 1 housing 'ectives contained within local comprehensive plans or other adopted plank ,a a the City d the County. 15. The City and Cou all each assign a staff person to serve as the primary contact for the administration of s Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 16. This Agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2009-2011 17. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY WASHINGTON CITY OF AC4111- for King County Executive By: Sign atu '10,X'k Jackie MacLean Printed Name Pr' Name Director, Department of Community and Human Services Title Title Date Approved as to Form: pproved s to Form: OFFICE OF THE OUNT TY OF PROSECUTING A a Y ATTORNEY �r City Attorney ATTEST: CITY OF City Clerk HOME Interlocal Agreement 5 of 5 2009-2011 Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6E 1. SUBJECT: AROUND THE CLOCK LEASE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the lease agreement with Around the Clock to rent the City-owned building located at 422 West Titus Street. Around the Clock is a Property Management Business that has rented the City- owned building located at 422 West Titus Street since November 2000. Lease payments are scheduled to increase annually. Revenue received from the lease payments will reimburse the City for costs associated with maintenance and operation of the leased premises. 3. EXHIBITS: Lease 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 X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: LEASE AGREEMENT BETWEEN THE CITY OF KENT AND AROUND THE CLOCK, INC. THIS LEASE AGREEMENT (hereinafter "Lease") is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington, with offices located at 220 4th Avenue South, Kent, Washington 98032 (hereinafter "City"), and AROUND THE CLOCK, INC., a duly qualified Washington corporation in good standing, (hereinafter "'Tenant"). RECITALS WHEREAS, the City owns certain property consisting of land and building located at 422 West Titus Street, Kent, Washington; and WHEREAS, it is the parties' desire to enter into a three (3) year lease for Tenant's property management business. NOW, THEREFORE, the City and Tenant agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, attached hereto and incorporated I herein by this reference, located at 422 West Titus Street, Kent, Washington 98032, but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or "Leased Property"). 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property and/or improvements located on the Property. 2. TERM. 2.1 Term Defined. The term of this Lease is three (3) years (the "Term"), beginning on the 11 day of December, 2007 (the "Commencement Date"), and ending on the 30th day of November, 2010 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 2.2 Right to Terminate Earlx. Tenant or Landlord shall have the right to terminate the lease at any time during the Term upon one hundred eight (180) days prior written notice of termination. LEASE AGREEMENT - 1 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) 2.3 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Property to the City in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. 2.4 Hold Over. If Tenant remains in possession of the Property after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law. 3. LEASE PAYMENT. 3.1 Monthly Payment. Tenant shall pay to the City a monthly payment of ONE THOUSAND FIVE HUNDRED AND FORTY-FIVE 00/100 DOLLARS ($1,545.00), plus the leasehold tax of 12.84 percent (12.84%) as set forth in Section 5 for a total monthly payment of $1,743.38 ("Lease Payment") for the first year of the term. The first installment shall be due and payable on or before December 1, 2007, and subsequent installments shall be due and payable on or before the same day of each month thereafter. The monthly Lease Payment shall increase to ONE THOUSAND FIVE HUNDRED NINETY 00/100 DOLLARS ($1,590.00), plus the leasehold tax of 12.84 percent (12.84%) as set forth in Section 5, for a total 1 monthly payment of $1,794.16 for the second year of the Term from December 1, 2008, through November 30, 2009. The monthly Lease Payment shall increase to ONE THOUSAND SIX HUNDRED FORTY 00/100 DOLLARS ($1,640.00), plus the leasehold tax of 12.84 percent (12.84%) as set forth in Section 5, for a total monthly payment of $1,850.58 for the third term of the Lease from December 1, 2009, through November 30, 2010. 3.2 Payment Place. Payment is to be made to the City of Kent, Attn: Finance Director, 220 Fourth Avenue South, Kent, Washington 98032. 4. OTHER EXPENSES. During the Term, Tenant shall pay the following additional expenses: 4.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, water, gas, and telephone service. 4.2 Taxes and Assessments. Tenant shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW LEASE AGREEMENT - 2 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) ' 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and enjoyment of the Property. 4.3 Right to Contest. Tenant may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole ' cost and expense. At the request of the City, Tenant shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest. ' 4.4 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 4.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 5.2, unless Tenant has contested any amount due pursuant to Section 4.3. S. LATE PAYMENTS AND OTHER CHARGES. 1 5.1 Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Tenant shall pay to the City a late charge equal to four percent (4%) of the amount of the payment or FIFTY AND 00/100 DOLLARS ($50), whichever is greater, to defray the overhead expenses of the City incident to the delay. 5.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Tenant shall, in addition to paying the late charges determined under Subsection 5.1, above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance ' premiums, costs of removal and disposal of unauthorized materials pursuant to Section 6, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Tenant of the payment or advance unless Tenant has contested any amount due pursuant to Section 4.3 above. ' LEASE AGREEMENT - 3 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) 5.3 No Counterclaim. Setoff, or Abatement of Rent. Except as expressly ' set forth elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be paid without the requirement that the City provide , prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 6. USE. 6.1 Permitted Use. Tenant shall use the Property for Tenant's business of ' real estate brokerage (the "Permitted Use") and for no other purpose. 6.2 Restrictions on Use. Tenant shall not cause or permit any damage to , natural resources on the Property. Tenant covenants and agrees that Hazardous Substances, as defined in Section 6.5, will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Property, except in accordance with all applicable laws. Tenant shall also not cause or permit any filling activity to occur on the Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter ' (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property. Tenant shall neither commit nor allow waste to be committed to or on the Property. If ' Tenant fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 6.2, the City shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to , do so in a timely manner, then the City may take any steps reasonably necessary to remedy this failure. Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of 1 any material deposited improperly on the Property. The covenants contained in Section 6.2 shall survive expiration or termination of this Lease. 6.3 Conformance with Laws. Tenant shall, at all times, keep current and ' comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations ' regarding its use or occupancy of the Property. 6.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 6.5 Definition - Hazardous Substance. "Hazardous Substance" means any ' substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to ' human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model ' Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. LEASE AGREEMENT - 4 (March 17, 2008) , (Between City of Kent and Around The Clock, Inc.) 7. IMPROVEMENTS. ' 7.1 Tenant-Owned Improvements. Tenant shall be responsible for all of Tenant's improvements to the property. So long as this Lease remains in effect, Tenant shall retain ownership of all authorized Tenant improvements and trade ' fixtures it may place on the Property (collectively "Tenant-Owned Improvements"). Tenant-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City or any Unauthorized ' Improvements as defined in Subsection 7.4 below. No Tenant-Owned Improvements shall be placed on the Property without the City's prior written consent. 7.2 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether the City-Owned or Tenant- Owned), Tenant shall submit to the City its plans which describe the proposed activity. The City shall have ten (10) days in which to review the proposed plans. The plans shall be deemed approved and the requirement for the City's written ' consent shall be treated as waived, unless the City notifies Tenant otherwise within the ten (10) days. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.3 Removal. Tenant-Owned Improvements shall be removed by Tenant by the Termination Date, so long as such removal does not damage the property and the property is restored to its original condition or better. If the Tenant-Owned Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City and as described in the Purchase and Sale Agreement. 7.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Tenant to sever, remove, and dispose of them, charge Tenant rent for the use of them, or both. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. S. ASSIGNMENT AND SUBLETTING. 8.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property without the City's prior written consent which ' LEASE AGREEMENT - 5 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) 1 consent may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, ' discharge, or otherwise affect the liability of Tenant. 8.2 Event of Assignment. If Tenant is a corporation, a dissolution of the ' corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed an assignment of this Lease. 8.3 Rent Payments Following Assignment. The acceptance by the City of ' the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. ' 9. INDEMNITY. 9.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any , act or omission by Tenant any officer, agent, employee, guest, invitee, or visitor of Tenant; and, during the full term hereof, Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now ' are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building, or on any areas adjoining the same, which is under the control or use of Tenant pursuant to this lease and arising out of or in connection with Tenant's use and ' occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Tenant, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. , 9.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the ' Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually LEASE AGREEMENT - 6 (March 17, 2008) , (Between City of Kent and Around The Clock, Inc.) negotiated by the parties. The provisions of Section 9 shall survive the expiration or termination of this Lease. ' 10. INSURANCE. 10.1 General Commercial Liability Insurance. Tenant agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Tenant's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Tenant agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefore, and that such premium shall be repaid to the City on demand. The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Tenant shall be the primary insurance as to said liability. ' 10.2 Certificate of Insurance. Tenant shall provide to the City documentary evidence, certified by the insurer, of ail insurance(s) required in this Lease. ' 10.3 Subrogation. The City shall not be liable to Tenant (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, even though such loss or damage might have been occasioned by the negligence of the City its agents or employees, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Tenant shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the ' foregoing mutual waiver of subrogation is contained in this Lease. 11. MAINTENANCE AND REPAIR. 11.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or ' any part thereof, during the Term. 11.2 Tenant's Repairs, Alteration, Maintenance and Replacement. (a) Tenant shall, at its sole cost and expense, keep and maintain the Property, including the grounds, parking lot, and all improvements in good order and repair, in a clean, attractive, and safe condition. LEASE AGREEMENT - 7 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) 1 (b) Tenant shall, at its sole cost and expense, make any and all ' additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 12. DAMAGE OR DESTRUCTION. 12.1 In the event of any damage to or destruction of the Property or any improvements, Tenant shall promptly give written notice to the City. Unless otherwise agreed in writing, Tenant may reconstruct, repair, or replace the Property and any improvements or may terminate this Leases as provided for in Section 2.2 ' above. 12.2 Unless this Lease is terminated, there shall be no abatement or ' reduction in rent during such reconstruction, repair, and replacement. 13. DEFAULT AND REMEDIES. , 13.1 Acts Constituting Default. Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay monthly Lease Payment or other expenses when due; ' (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; , (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 13.2 below; or (e) Proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property. 13.2 Failure to Cure. A default shall become an event of default ("Event of ' Default") if Tenant fails to cure the default after the City provides Tenant with written notice of default, which specifies the nature of the default. For failure to pay rent or other monetary defaults, the cure period shall be ten (10) days. For ' other defaults, the cure period shall be thirty (30) days. 13.3 City's Remedies Upon Default. Upon an Event of Default, the City may ' terminate this Lease with thirty (30) days prior written notice to terminate and remove Tenant by summary proceedings or otherwise. The City may also, without LEASE AGREEMENT - 8 (March 17, 2008) t (Between City of Kent and Around The Clock, Inc.) terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by the City and applied to Tenant's future rent as it becomes due. Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of ' Default. 14. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon forty-eight (48) hours notice. 15. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the ' parties may direct in writing from time to time: The City: Director of Parks, Recreation and Community Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 Tenant: Suzanne Cameron, President Around The Clock, Inc. 422 West Titus Street Kent, Washington 98032 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 16. MISCELLANEOUS. 16.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so. 16.2 Successors and Assigns. This Lease shall be binding upon and inure to LEASE AGREEMENT - 9 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) the benefit of the parties, their successors and assigns. 16.3 Headings. The headings used in this Lease are for convenience only j and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 16.4 Entire Agreement. This Lease, including the exhibits and addenda, if t any, contains the entire agreement of the parties. 16.5 Waiver. The waiver by the City of any breach or default of any term, ' covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was ' accepted. 16.6 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and ' every provision of this Lease. 16.8 Language. The word "Tenant" as used in this Lease shall be applicable , to one or more persons, as the case may be. The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations. 16.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 16.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for King County, Washington. , 16.11 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 16.12 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. LEASE AGREEMENT - 10 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) 16.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns, or any person or company lawfully claiming by or through it. i16.14 Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT AROUND THE CLOCK, INC. By: By Print Name: Print Na -1-0 J Its: Its: Date• Date• q. T N,8 (Notary Acknowledgements Appear on Next Page) ' LEASE AGREEMENT - 11 (March 17, 2008) (Between City of Kent and Around The Clock, Inc.) STATE OF WASHINGTON ) ' . ss. COUNTY OF KING ) On this c9f day of Ct6114 2008, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the for the CITY OF KENT, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and ' purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at ' My appointment expires STATE OF WASHINGTON ) I ss. COUNTY OF KING ) On this day of d6r, 2008, bb*fore me a No ary Public in and for the State of Washington, pers nally appeared C l�l,T� to me known to be the �rd414:�: of AROUND THE CLOCK, INC., a , Washington corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes , mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- , IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first alc�v `WYBiI'en�, , �` S%061 Lt- 1j4C(�p,i�i �; 0j 1 Ay J_ _� 'NOTARY PUBLIC i an fo the State of Washington A \0 "z residing at cD,'h, B. 8�1,� .gyp_ My appointment expires P:\C1v11\F11es\0penF11es\4_ Zg7&ment AroundClock.doc LEASE AGREEMENT - 12 (March 17, 2008) , (Between City of Kent and Around The Clock, Inc.) `'•_" Exhibit A Order No. 406346 A. L. T. A: COMMITMENT SCHEDULE A Page 2 Legal Description The land referred to in this commitment is situated in the county of King, State of Washing, and described as follows: Parcel A: Parcel # 982570-0775-02 (422 W. Titus Street) Lot 7, Block 12, Yesler's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, page 64, in King County, Washington. Parcel B: ' Parcel # 982570-0766-03 (412 W. Titus Street) The west 68 feet of the north 5 feet of Lot 5 and the west 68 feet of Lot 6 in Block 12, Yesler's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, page 64, in King County, Washington. NOTE FOR I FORMATIONAL PURPOSESONLY,- - • The following may be used as.an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn. Lots 5-6, all of Lot7, Block 12, Yesler's First Add. To Town of Kent, Vol. 5, pg. 64 Exhibit B G4 s 7 �s 26 a 9 4 = 9 &p 4 , u i- 10 = 9 9 � 10 o ari 12 � qfP �01 f ;12 1Z8 1Zl, ISM tiu-� 1 SAAR Si: YESLER S F I RST 1 In 4o M. 9 ga�cl o �r2 R 9 *�' :ac 29 9 tea rz� Cea srro e ,za - ,°4 �rros� WILLIS ST. . .. . .. .. . P�'i3y .7-$ . . Yea Sr PACIFIC NORTHWEST TmE COMPr%xy N Order No. i�� 1�/�?G• . �/� _ 1 INTORTANT.-This is not a Plat of Survey It is furnished as a cor,ve:'.r•tce to locate the land indicated hereon with reference'to streets and other land. �;k. .iabUity is assumed by reason of reliance hereon. ACORDTM CERTIFICATE OF LIABILITY INSURANCE bA E(008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WTLLIAM F. DAVIS INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P .O. BOX 452 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RENTON, WA. 98057 425-255-6872 INSURERS AFFORDING COVERAGE _ _ NAIL# INSURED INSUAERA:UNITED STATES LIABILITY INS GRDUP AROUND THE CLOCK, INC. CRMC 422 W. TITUS STREET INSURERS: KENT, WA. 98032 INSURERC: ` INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSADD' POLICYEFFOMA POLICTEXPIRATI N LTH UM Typo OPINSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE a 1,000,OOO RENTED— A X COMMERCIALGENf;RALLIABIUTY PREMISES mcurence) $ 100 OOO CLAIMS MADE 0 occuR FMI002344 2-6-2008 2•-6-2009 MEDEXP(AAy one pamom $ 5,400 PERSON_ALRADV_INJURY_ a EXCLUDER _ GENERALAGGREGATE $ 2,000,000 GE_N'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OPAQG $ EXCLUDED_ POLICY PRO• LOC AUTOMOBILE LIABILITY COM91NE0 SINGLE LIMIT ANYAUTO (Eaamaenl) a _ ALLOWNED AUTOS BODILY INJURY SOMEDULEDAUTOS (Perpertcon) S —_ . HIRED AUTOS SODILYINJUflY a NON.OwNEO AVT08 Peraxldern) PROPERTY DAMAGE S (Per=dde,m) GARApEL•IABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTMAN EAACC 5 AUTOONLY: AGG $ EXCE68NMBRELLALIABILITY EACNOOCJARENCE a OCOUR CLAIMS MADE AGGREGATE $ _ DEDUCTIBLE S RETENTION S $ WC 5TATU• OTH. WORKERS COMPENSATION AND T LIM ORYIIS _._ _E - . EMPLOYERS LIABILm ANY PROPRIETOR/PARTNER/EXECUTIVE E.L•EACMACCIDE!d? S OFFICER/MEMSEREXCLUDED? E.L.OISEASE-EAEMPLOYEE a I#SPEGIYy�oss O IALesCPrlRDevntlerOVISIONS below C.L.DISEASE-POLICY LIMIT $ OTHER OESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED OV ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE BOLDER IS ADDED AS ADDITIONAL INSURED FOR PREMISES LOCATED: 422 W. TITUS ST. KENT, WA. 98032 CERTIFICATE HOLDER CANCELLATION CITY OF KENT 81ICULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 — 4TH AVE. SO. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL V DAYS WRITTEN KENT, WA. 98032 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE 70 DO SO SHALL IMPOSE NO OMLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR � REPRESENTATIVES. ^ AUTHORIZED R ESENTAjIVE/ ACORD 25(2001/08) Q ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY PM1002344 i ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF KENT 220 •— 4TH AVE. SO. KENT, WA. 98032 (if no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section If - Who Is An Insured is amended to Include as an insured the person or organization shown In the Schedule,but only with respect to liability arising out of your ongoing operations performed for that insured. 0. With respect to the insurance afforded to these additional insureds, the following exclusion Is added: 2. Exclusions This Insurance does not apply to "bodily injury" or"property damage• occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project , (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the site of the Covered operations has been completed;or (2) That portion of `your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. i 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2010 1001 Copwight, Insurance Services Of lice Properties. he,. 2000 pa55 Kent City Council Meeting Date July 1 2008 Category Consent Calendar - 6F 1. SUBJECT: KING CONSERVATION DISTRICT REIMBURSABLE GRANT FOR RELEAF 2006 - ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Accept the King Conservation District grant of $9,718.36 to fund the Re Leaf 2006 project, approve the expenditure of funds in the Clark Lake Management Plan budget, and authorize the Mayor to sign all necessary documents. The King Conservation District reimbursable grant request was approved by the King Conservation Board on April 29, 2008. These grant funds will be applied toward the City's costs incurred for on-going maintenance, compost, tools and supplies, and planting of 65 native trees at Clark Lake Park. This work was completed by Park staff and 84 volunteers during ReLeaf 2006 on October 14, 2006. The City will receive 90% of the contract amount ($8,746.52) once the contract has been executed. The balance is withheld until all terms of the contract have been fulfilled. 3. EXHIBITS: Letter of Award and Grant 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: 4 2- AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Kent, Parks Department This Agreement is made between the King Conservation District Number 9, a municipal ! corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and the City of Kent, Parks Department, a municipal Icorporation in King County, Washington, located at 5821 South 240th, Kent, WA 98032 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas,pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and 'conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Nine thousand, seven hundred and eighteen Dollars and thirty-six Cents ($9,718.36) from 2006 Assessment funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's standard procedures, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds ' - 1 - which are used for unauthorized work. Further Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. e agrees at t expended 2.3 Recipient acknowledges and agr s that he grant funds may only be expend on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. - 2 - 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon d inure o e gr g p an i ur t the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: BY BY Name Name Title Title Date Date - 3 - Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By - By Name f L C- Fri 1'11(� Name Dat log Date l 1 - 4 - ' ja gym, + Member..Jurisdiction & WRIA Forum f Grant Application King Conservation District Project Title: RELEAF 2006 Applicant: City of Kent Contact: Quientin Poil Principal Partners (if any): Title: Park Maintenance Supervisor Cub Scout Pack 506 Address: 5821 South 240th Boy Scout Troop 725 Kent,Wa 98032 Girl Scout Troop 3127 Quota International Total Project Cost: $19,843.65 WRIA Funding: ❑Jurisdiction Fundin KCD Funding Requested: $9,718.36 Phone: 253-856-5127 Project Start Date: September 2006 Fax: 253-856-6120 Project End Date: October 2009 E-mail: oil@ci.kent.wa.us 1. Project Description-provide a brief description of the project that summarizes what you will do,how you will do it,and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on?Who or what will benefit or be positively and negatively affected? Parks staff removed non-native invasive plants from the outflow streams and the ponds located in the North end of Clark Lake Park. On Saturday October 14th from 9:00 am-12:00 noon,84 volunteers from three local youth groups,one Service club group,and many people from the local community,planted native vegetation along the banks of the outlet stream and ponds.Part of the project also included the installation of cardboard with wood chips to help control weed and non-native plants infestations. 2. Natural Resource Improvement Actions-describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved?What are the known needs,gaps or deficits that will be addressed? What are the known benefits to soil, water, air,plants,fish and wildlife, landowners Clark Lakes master plan was completed in 2004. One of the goals from that plan was to keep 1 the park grounds in its natural state.This included the removal of non-native vegetation and the planting of native trees and shrubs in its place. It also calls for the re-vegetation of the inlet and outfall streams areas to enhance the buffer areas that provide shade and cover for migrating Coho salmon, and to help control invasive non-native plants.An educational program and demonstration project was conducted by Park staff to show the value of inhibiting weed seed germination using cardboard sheets and newspaper. Park staff also Member hirisdiction&\WRIA Fore Grant Application Packet NoN,ember 13.2007 ® Page 8 of 10 demonstrated proper planting techniques and discussed the value of native plants and wildlife habitat and how it will help provide shade for the migrating salmon. 3. Project Activities and Measurable Results-using the table below,list specific project activities to be completed, the timetable for the activities,and the deliverables associated with those activities. Consider the following in your answer to this question: Wliat actions, interventions,programs, services will be deployed? Activi Description Deliverables Timeline 1. Design Layout by staff Planting Plan Plan completed , Early october 2006 2. Order/Place 750 native trees and Shrubs Plants and trees delivered and laid out per Plants ordered plan. early Oct 2006. Delivered Oct 12t laid out Oct 13th 2006 3. Prepare Site Stage card board and woodchips mow and Oct 11th-13w work weedeat areas. on site and stage 4. Recruit volunteers October InBox,Mayoral proclamation on October 143,2006 Kent TV 21(Council Meeting),emails, mailed registration,and King County Journal. 5. Explain project to volunteers and proper 84 volunteers contributed 252 hrs along Work completed planting demonstration side 9 park staff employees.Planting and Oct.14th 2006 from woodchipping designated areas. 9 am-12 noon 6. Follow-up/Recognition All volunteers received Thank You letters Oct 16 and 181h and photos of the event,as did KORS 2006 recycling and Starbucks for coffee.(Well received by the adults 7. Maintenance Maintenance staff continue to monitor the September 2006 health of the plants.Mow,weed,and water thru October 2009. when needed to help plant eastablishment. Scout troops weed and monitor once a month and stake plants when needed. 8. 9. 10. 4. Effectiveness (see page 2 of application instructions for definition) -describe how the project will effectively implement the natural resource improvement measures identified in question No.2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program/service/intervention?What is the capacity of t1w primary applicant to deliver the proposed program/service/intervention?What tools, services and partners will be brought to bear? Clark Lake Park is maintained by the City of Kent. The Parks Department staff includes several certified arborists as well as credentialed project managers experienced in natural resource improvement and volunteer management. Partners for this project included the consulting team at Natural Systems Design. 5. Efficiency(see page 2 of application instructions for definition) -describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the Mcinber.Wrisdiction&WRIA Forum Grant Applicalion Packt;t fa November 13,2007 m Page 9 of 10 proposed program/service/intervention engage in conjunction with related efforts?How does your strategy best leverage resources? As mentioned,this project is part of a long-term plan for Clark Lake.The City of Kent wants to keep the inlet and outlet streams and the native habitat in tact and restore native vegetation.The volunteer coordinator and other parks staff frequently photo-document conditions of the park. Maintenance staff assigned to the park monitors all aspects, including its plants and trails. They refer maintenance and improvement projects that are appropriate for volunteer groups to perform to the volunteer coordinator. For trail projects, the other"high-ticket" ongoing expense at this park,the City seeks grant funds and partnerships with other appropriate entities. 6. Equity(see page 2 of application instructions for definition) -describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question:In what part of the District will the proposed program/service/intervention occur?Who is the target audience and what demographic section of the community will be affected? The program is being implemented in Kent,King County. Target audiences are neighbors, dog owners,bird watchers and park users of all ages. Because of its size and natural beauty, this park attracts visitors from all over King County as well as adjacent counties. 7. Evaluation of Intended Results- describe the evaluation mechanisms you will use to track, document,and report that the project has achieved the intended results described in questions 1-3. Maintenance staff monitor plants in the area at minimum of twice a year when they mow and weed. A cub scout troop does monthly litter clean-ups and also monitors newly planted trees and shrubs,helping stake the plants if weather conditions are severe. There are Eagle Scouts and other groups and individuals who have adopted this park for litter clean-ups or special projects (which are generally staffed),so maintenance issues are easily spotted and reported the volunteer coordinator or other Parks staff. 8. Project Budget &Expenses Budget Item KCD Funds Other Funds Other Funds Total (City of Kent) (Volunteer Labor Salaries and Benefits Volunteer Labor hours $3,276.00 $3,276.00 84 vol x 3 hrs x 13.00 Superintendent $950.40 $950.40 20 hrs x 47.52 Project Manager $1,756.00 $1,756.00 40 hrs x 43.90 Volunteer Coordinator $1,062.30 $1,062.30 30 hrs x 35.41 Mcinber Jurisdiction&WR1A Forum Grant Application Packet November 13,2007 a Page 10 of 10 Admin Assistant $257.30 $257.30 10 hrs x25.73 Asst. Park Planner $253.80 $253.80 15 hrs x 16.92 MW III 7 hrs x 36.20 $253.40 $253.40 MWII 7 hrs x 32.74 $229.18 $229.18 Supervisor 6.5 hrs x 43.37 $281.91 $281.91 8 Month 7 hrs x 10.00 $70.00 $70.00 On Going Maintenance: $6,286.08 $6,286.08 MMr(2)x 8 hrs x 4 days x 3 yrs 192 hrs x$32.74 Carpinito "Steer Gro" $1,290.91 $1,290.91 70 Yards City of Kent: Wood Chips $1,200.00 $1,200.00 100 yards 12.00 yard Tools/Supplies $124.57 $124.57 Stakes&Hammers 3 Pacific Plants : $1,357.20 $1,357.20 65 Trees NW Linings &Geotextile $659.60 $659.60 Products :25-9,,x 25, PermeaTex Logs KORS Recycling donation $435.00 $435.00 1,500 paUet cardboard slips Starbucks Coffee Co $100.00 $100.00 Coffee for Work Party TOTAL $9,718.36 $6,314.29 $3,811.00 $19,843.65 9. KCD Acknowledgement-describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention(see page 3 of application instructions for requirements). j King Conservation District will be acknowledged on Kent-TV-21 by the Kent Parks Committee and City Council during their televised meetings,on the City's website and in the appropriate quarterly Program Guide,which is distributed to 50,000 residents. The grant will also reco ' d on the i ormational kiosks located at the three park entrances. i A thorized Signature Date Meinber Jurisdiction& WR.1A Forum Grant Application Packet m November 13,2007 Page 11 oi'10 Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6G 1. SUBJECT: EASEMENT AGREEMENT WITH WV68 FOR LANDSCAPING PUGET TRAIL PROPERTY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the easement agreement with WV68 for landscaping a portion of the City's Puget Trail property, subject to final terms and conditions acceptable to the City Attorney. The owner of the WV68 property located along West Valley Highway at approximately S. 223rd Street, directly north of the Puget Trail, intends to construct a new building. A condition of the building permit requires that a 17- foot wide landscape buffer be constructed around the parking lot. City staff suggests granting an easement on a portion of the City's property for the landscape buffer in exchange for WV68's maintenance of the easement area and the City property located between the Puget Trail and the easement area. The City's property is currently covered with invasive plants, primarily Himalayan blackberry, and the landscape buffer would not impact the trail system. This arrangement is similar to a landscape buffer previously granted to the Boeing Gateway Business Park. 3. EXHIBITS: Draft Easement Agreement 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: WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent Grantee: WV68, LLC Abbreviated Legal Description: PTN SE V4 SECTION 11, TOWNSHIP 22 N, RANGE 4E Additional Legal Description on page 4 of Document. Assessor's Tax Parcel ID No. 0006200018 Project Name: WV68 Landscape Buffer on Puget Trail at 68th Ave. WV68 LANDSCAPE EASEMENT (Limited Partnership) The City of Kent("Grantor"),for and in consideration of mutual benefits derived and/or other valuable consideration,receipt which is hereby acknowledged by Grantor,conveys and quit claims to WV68, a limited partnership ("Grantee"), a seventeen foot wide Easement with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alternation, reconstruction and repair of landscape buffer over,under, through, across and upon the following described real property, situated in King County, Washington: SEE EXHIBIT "A" ATTACHED LANDSCAPE EASEMENT(Limited Partnership)-Page 1 of 3 Grantee shall have the right,without prior institution of suit or proceeding at law,at times as maybe necessary,to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing,operating,maintaining, extending,constructing,repairing,and reconstructing the landscape buffer,or making connections to that system,without incurring any legal obligation or liability;provided,however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed,or in the event they are disturbed or destroyed,they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately l adjacent incidental areas, so long as that use does not interfere with the uses described in this document. Under no circumstances shall Grantor place any cement,concrete or any other structures on the property described in this seventeen foot wide Landscape Easement,without first obtaining approval of the Grantee. Grantee reserves the right to install cement or concrete. Grantor shall not change the surface grades, except as approved in advance by the Grantee, in any manner which would unreasonably interfere with ingress, egress and access by the Grantee for installation and/or normal maintenance of the facilities. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders,rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release,indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith,arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This Landscape Easement shall be a covenant running with the land,and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. The landscape shall be installed at the time of building construction on Assessor's Tax Parcel ID I Number 1122049044. This easement shall be revoked should the 18,000 square foot commercial building on Assessor's Tax Parcel ID Number 1122049044 not be constructed. GRANTOR(S): by LANDSCAPE EASEMENT(Limited Partnership)-Page 2 of 3 its DATE: (Notary Acknowledgment on Next Page) STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of ,200_,before me a Notary Public in and for the State of Washington,personally appeared and , to me known to be the and of , a limited partnership that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said limited partnership,for the uses and purposes mentioned in this instrument,and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within Ats Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: Kent Law Department LANDSCAPE EASEMENT(Limited Partnership)-Page 3 of 3 o (Hae).es z99z W N 1N3N LO'£99Z M Z££S.OS v .0£9StZ w z o N N U W N 1p o .(7MHSlH.f377YA 1S3M o 'o o i o 0 K Z O O OD u N U N rn 0 '6S1 ! A Z£.£S.oS a l w 0 N,N I------ �- z it n ,00'6Sl �I wlnuwzw O I w 7- Tri N W F- M 00 >40 ION OJ �U UO2 >' I°ool (7u w r O coz z W W U K d I Z K Z ~OW M y_ 0 boo �0 13 W >0 0 J O I M O N a m M z w O S O V1 w O O Q. F-ah VM] N 'N O p pOj U LD 0 0 W Lth O W W N LY I y J(n 4 l7 1Z-� N mZ I 0 N O W O /a, 0� I r I Z 'oo w ( M w I In Z I Q 7 U N IMI- 0- O Q = m I W _ i N N I W X Z O N I Z 3 U O 4Q z Iz o J a 4X a z Ico z" Iz 0 � I I I I I I I SST n u o J, rn n I ,00•sst J LEGAL DESCRIPTION FOR THE 17 LANDSCAPING EASEMENT A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 1 , TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 1 ; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 00° 53' 32" WEST FOR 2156.30; THENCE NORTH 89° 12' 52" WEST FOR 50.00 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 12' 52" WEST FOR 523.00; THENCE SOUTH 00° 53' 32" WEST FOR 17.00; THENCE SOUTH 89" 12' 52" EAST FOR 435.00; THENCE NORTH 00° 53' 32" EAST FOR 12.00 THENCE SOUTH 89' 12' 52" EAST FOR 88.00; THENCE NORTH 00° 53' 32" EAST FOR 5.00 TO THE TRUE POINT OF BEGINNING. 6 10 2008 R 36795 GISTER� EXPIRES: Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6H 1. SUBJECT: EASEMENT AGREEMENT WITH WV68 FOR FIRE TRUCK TURN AROUND ON PUGET TRAIL PROPERTY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the easement agreement with WV68 for a fire truck turnaround on a portion of the City's Puget Trail property, subject to final terms and conditions acceptable to the City Attorney. The owner of the WV68 property located along West Valley Highway at approxi- mately S. 223rd Street, directly north of the Puget Trail, intends to construct a new building. A fire truck turnaround is required as a condition of the building permit. City staff suggests granting an easement on a portion of the City's property for the fire truck turnaround. The easement would be located within the landscape easement area also being considered by Council for WV68, and would be granted in exchange for WV68's maintenance of the easement areas and the City property located between the Puget Trail and the easement areas. The City's property is currently covered with invasive plants, primarily Himalayan blackberry, and the fire truck turnaround will not impact the trail system. 3. EXHIBITS: Draft Easement Agreement 4. RECOMMENDED BY: Parks & Human Services Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent Grantee: WV68, LLC Abbreviated Legal Description: PTN SE '/a SECTION 11, TOWNSHIP 22 N, RANGE 4E Additional Legal Description on page 4 of Document. Assessor's Tax Parcel ID No. 0006200018 Project Name: WV68 Fire Truck Turnaround on Puget Trail at 68t" Ave. WV68 FIRE TRUCK TURNAROUND EASEMENT (Limited Partnership) The City of Kent ("Grantor"),, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt which is hereby acknowledged by Grantor, conveys and quit claims to WV68, LLC, a limited partnership ("Grantee"), a twenty nine square foot Easement with necessary appurtenances, for the installation, operation, maintenance, extension, construction, alternation, reconstruction and repair of a fire truck turn around, located within the seventeen foot landscape easement around over, under, through, across and upon the following described real property, situated in King County, Washington: SEE EXHIBIT "A" ATTACHED FIRE TRUCK TURNAROUND EASEMENT(Limited Partnership)-Page 1 of 3 1 1 Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the fire truck turn around, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use does not interfere with the uses described in this document. Under no circumstances shall Grantor place any cement, concrete or any other structures on the property described in this Fire Truck Turn Around Easement. Grantor shall not change the surface grades, except as approved in advance by the Grantee, in any manner which would unreasonably interfere with ingress, egress and access by the Grantee for installation and/or normal maintenance of the facilities. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This Fire Truck Turn Around Easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. The Fire Truck Turn Around shall be installed at the time of building construction on Assessor's Tax Parcel ID Number 1122049044. This easement shall be revoked should the 18,000 square foot commercial building on.Assessor's Tax Parcel ID Number 1122049044 not be constructed. GRANTOR(S): by FIRE TRUCK TURNAROUND EASEMENT(Limited Partnership)-Page 2 of 3 its DATE: �+ (Notary Acknowledgment on Next Page) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this dayof 200 before me a Not Public in and for � Notary the State of Washington, personally appeared and to me known to be the and of a limited partnership that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said limited partnership, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: Kent Law Department FIRE TRUCK TURNAROUND EASEMENT(Limited Partnership)-Page 3 of 3 � � _a,aE 2 ( r a» ZO-094 M 22�; - eeY w\_§ [ ( \ A_m . n ,s ~\§ )7=§�\ �V)oZ « g �_ ems+ _ \\\\/{ p&, I \§2 Tl �} \\\ i /\ \« §- �k ww� ( )\� \\o \ \ [ \ �}� [ apt am7 / . L) ) / uj cy k00 /} / j2Q §) } ± - \ } §} ' Z z 7§ §� } 2 >nc }\ }\ En .00691 tka+ � � 1 i I FGAL DESCRIPTION FOR THE FIRE TRUCK TURN-AROUND FASFMFNT A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 1 ; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 00° 53' 32" WEST FOR 2156.30; THENCE NORTH 89° 12' 52" WEST FOR 439.65 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 47' 15' 29" WEST FOR 23.06; THENCE AT RIGHT ANGLES. NORTH 42° 44' 31" WEST FOR 20.00; THENCE AT RIGHT ANGLES, NORTH 47° 15' 29" EAST FOR 2.01 ; THENCE SOUTH 89° 12' 52" EAST FOR 29.03. 6/10/2008 tiL R•All d 36795 �415TE� EXPIRES: Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6I 1. SUBJECT: MAINTENANCE AGREEMENT WITH WV68 LANDSCAPING ON PUGET TRAIL PROPERTY - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the maintenance agreement with WV68 for a portion of the City's Puget Trail property, subject to review and approval by the City Attorney. The owner of the WV68 property located along West Valley Highway at approxi- mately S. 223rd Street, directly north of the Puget Trail, intends to construct a new building. The Council is considering granting WV68 a landscape easement an a fire truck turnaround on City property in exchange for WV68's maintenance of the easement areas and the City property located between the Puget Trail and the easement areas. This maintenance agreement includes the terms for such maintenance. 3. EXHIBITS: Draft Maintenance Agreement 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: DRAFT 6.11.08 WHEN RECORDED RETURN TO: Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: City of Kent Grantee: WV68, LLC Abbreviated Legal Description: PTN SE V4 SECTION 11, TOWNSHIP 22 N,RANGE 4E Additional Legal Description on page 4 of Document. Assessor's Tax Parcel ID No. 0006200018 Project Name: WV68 Landscape Maintenance Agreement on Puget Trail at 68`"Ave. S P g g WV68 LANDSCAPE MAINTENANCE AGREEMENT (Limited Partnership) WHEREAS, the parties herein desire to create a mutual agreement regarding the maintenance of the landscaping over, under, through, across and upon the following described real property, situated in King County, Washington: SEE EXHIBITS "A" and`B"ATTACHED In consideration of the benefits to be derived by the parties and of the mutual undertakings g relating thereto, it is hereby agreed as follows: 1. Maintenance and Repair of Landscape Easement. The parties agree that WV68 will maintain and repair the landscape easement by mowing, temporarily irrigating, trimming, and removing vegetative debris, and making any necessary repairs. LANDSCAPE MAINTENANCE AGREEMENT—Page 1 of 8 (June 11,2008) (between WV68 and City of Kent) i 2. Construction of the Landscape Maintenance Area. The parties agree that WV68 will construct and plant the landscape maintenance area by clearing and grubbing existing vegetation, rough grading existing soil, installing temporary or automatic irrigation and seeding the entire area with grass. Should the city elect to make any additional improvements to the landscape maintenance area either at the this time or in the future, the City shall bear all costs associated with the installation,maintenance and repair of those improvements. 3. Maintenance and Repair of Landscape Maintenance Area. The parties agree that WV68 will maintain the landscape maintenance area by mowing, irrigating, trimming, and removing vegetative debris, hereinafter referred to as "routine maintenance". The parties agree that WV68 will repair any damages caused during the course of routine maintenance in the landscape maintenance area. The parties agree that the City will maintain the landscape maintenance area by regular collection and removal of litter, invasive plant control, graffiti, vandalism, and other "demand maintenance" activities that may occur during the use of the park and trail. The parties agree that the City will repair damages caused during the course of demand maintenance and caused by misuse by park users in the landscape maintenance area. 4. Enforcement. Any party may enforce the maintenance, repair and upkeep covenants herein contained by any of the following alternative remedies, at its option: A non-defaulting party may obtain injunctive relief compelling the defaulting party to undertake and complete maintenance, or repair; or Upon thirty (30) days written notice to the defaulting party, the non-defaulting party may proceed to repair and maintain, or the non-defaulting party who so proceeds shall have a lien upon the defaulting party's property in the amount of all such repair and maintenance expense, plus interest at the highest legal rate from the date said expense is incurred until repaid plus all reasonable attorney's fees and costs, whether or not legal action is initiated or prosecuted to completion. 5. Costs of Repair. In the event of damage to the landscape maintenance area caused specifically by one of the parties or their customers to this agreement, whether by accident or LANDSCAPE MAINTENANCE AGREEMENT—Page 2 of 8 (June 11, 2008) (between WV68 and City of Kent) intentionally, as in the case of placement of utilities or movement of heavy equipment, the cost of repair will be borne entirely by the party causing the damage. 3. Agreement Binding. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors, and assigns, and the covenants herein shall be construed as covenants running with the land. 5. Indemnity. The City shall defend, indemnify and hold WV68, 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 performance of this agreement, except for injuries and damages caused by the City's negligence. WV68 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 performance of this agreement, except for injuries and damages caused by WV68's negligence. 6. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 7. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior LANDSCAPE MAINTENANCE AGREEMENT—Page 3 of 8 (June 11,2008) (between WV68 and City of Kent) 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 either party's right to indemnification under Section 5 of this Agreement. 8. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 9. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 10. 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. 11. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The landscape shall be installed at the time of building construction on Assessor's Tax Parcel ID Number 1122049044. This landscape maintenance agreement shall be revoked should the 18,000 square foot commercial building on Assessor's Tax Parcel ID Number 1122049044 not be constructed. LANDSCAPE MAINTENANCE AGREEMENT—Page 4 of 8 (June 11,2008) (between WV68 and City of Kent) WV68: By: Its: Address: Phone No. Facsimile No, Date: CITY OF KENT: By: Suzette Cooke Its: Mayor Address: 220 Fourth Avenue S Kent, Washington 98032 Phone No. (253) 856-5725 Facsimile No. (253) 856-5700 Date: APPROVED AS TO FORM: RECORDED BY: Tom Brubaker, City Attorney Brenda Jacober, City Clerk LANDSCAPE MAINTENANCE AGREEMENT—Page 5 of 8 (June 11,2008) (between WV68 and City of Kent) i STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in this instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 2008, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the WV68 as its , 1 and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires LANDSCAPE MAINTENANCE AGREEMENT—Page 6 of 8 June 11 2008 (between WV68 and City of Kent) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 2008, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires P\Civil\FII.ES\OpenFiles\0651\ZionLuthemnChumlaoad MaintenaceAgreanemdoc LANDSCAPE MAINTENANCE AGREEMENT—Page 7 of 8 (June 11,2008) (between WV68 and City of Kent) EXHIBIT A LANDSCAPE MAINTENANCE AGREEMENT—Page 8 of 8 (June 11,2008) (between WV68 and City of Kent) 3 (Hi18),96 Z99Z � w N 1N3N LO' M Z££S.OS w z N f U W a N^M ,`,�° AVMHOIH A377b1 1S3M o o pU i 0 o _—v o Z 1 Z N n u'1 V I N U �z0 O00 N L)N 0, 00' SL M„Z£,ES.OS I O I W 0'N OD ——- z;1 �1 00'66I i w VfU e2w o I w o Z I ; 0 N O CC Zw0 ION O � (_U UOS [= Ira ZZ U� F,.,"U• � I Z �Y xw +wwo< o I wa a 'o m o0 os oO > ZN I [em >0 X 0 J d N a Mo p w 0 S m I O U 0 V1 I O1 W 00 00 2 W Wco H 0= Z qpN W W W H V) N m Z O W O a oc o I o cl H N M N y W W Q Q WIL c� w c� v) Z a0 Z m 0 L7 ¢ W Z Q o u W t W v=i Li I Z w N N u a 3 1 x � a oN_ /.14 w �I W Z a ^ z z NI w QZ - co � Z �I a z Z I z�' I 0 I I I I I I I n o � I I ,00'6S! ,00'SS _J 3„Z£,£9.ON i LEGAL DESCRIPTION FOR LANDSCAPE MAINTENANCE AGREEMENT A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11 , TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 1 1 ; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER, SOUTH 00° 53' 32" WEST FOR 2156.30; THENCE NORTH 89° 12' 52" WEST FOR 50.00 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89' 12' 52" WEST FOR 523.00; THENCE SOUTH 00' 53' 32" WEST FOR 55.00; THENCE SOUTH 89° 12' 52" EAST FOR 435.00; THENCE NORTH 00° 53' 32" EAST FOR 50.00 THENCE SOUTH 89° 12' 52" EAST FOR 88.00; THENCE NORTH 00° 53' 32" EAST FOR 5.00 TO THE TRUE POINT OF BEGINNING. 6/10/2008 R. d 36795 Is EXPIRES: Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6J 1. SUBJECT: COMMUTE TRIP REDUCTION AGREEMENT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Amendment to the Commute Trip Reduction Implementation Grant Agreement, with the Washington State Department of Transportation, upon concurrence of the final terms and conditions by the City Attorney. The City is required by state law to enforce the regulations specified in RCW 70.94.521. The City is then reimbursed by the state for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation ! Office. The purpose of this Amendment is to allocate second year funding for the 2008-2009 project period. 3. EXHIBITS: Public Works Memo & Commute Trip Reduction Implementation Agreement #GCA5394 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? Currently in the Budget? Yes No N/A 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: s PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 K E N T Fax: 253-856-6500 _WA5 H 1 NGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: May 9, 2008 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 16, 2008 From: Monica Whitman, Commute Trip Reduction Program Coordinator Through: Larry Blanchard, Public Works Director Subject: Amendment to the Commute Trip Reduction Agreement Move to recommend Council authorize the Mayor to sign the Amendment to CTR Agreement GCAS394-01 between the Washington State Department of Transportation and the City of Kent, upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Y The purpose of this amendment is to allocate second year funding for the 2008-2009 project period. The City is required by State law to enforce the regulations specified in RCW 70.94.521. The City is then reimbursed by the State for costs incurred based on a formula devised by the State Department of Transportation, Public Transportation Office. Although this is a two-year agreement, the amount reimbursed is determined on an annual basis. The current year (July 2008 - June 2009) funding for the City of Kent is identified as $62,500.37. This is the same amount that we were awarded last year. U\PWCommtttcc\ActtonPag\03 3108 S 228 Grade Separation Contract doc 7 AGREEMENT AMENDMENT The FIRST AMENDMENT to AGREEMENT GCA5394 entered into between the Washington State Department of Transportation (hereinafter called the"WSDOT"), and the City of Kent(hereinafter called the "CONTRACTOR"), and/or individually referred to as the "PARTY"and collectively referred to as the "PARTIES", WHEREAS, both PARTIES agree to amend the original AGREEMENT GCA5394 to add the second year's funding allocation for the period of July 1, 2008 through June 30, 2009 in the amount of $62,500.37 using CTR Implementation Grant Funds; THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part of the original AGREEMENT, the following amendment is incorporated into AGREEMENT GCA5394. IT IS MUTUALLY AGREED AS FOLLOWS: 1. Delete the $62,500.37 under the Caption Heading Project Amount', on the first page of the AGREEMENT, to reflect the additional second year of funding, and replace as follows: Project Amount $125,000.74 2. Amend Exhibit I, Funding Allocation Methodology, and add the `July 1, 2008—June 30, 2009 Allocation' table as follows: Exhibit I Funding Allocation Methodology RCW 70.94.544 authorizes the CTR board to determine the allocation of program funds made available for the purpose of implementing CTR plans. The funding allocated for local implementation of CTR activities in July 1, 2008 through June 30, 2009 is based on the decision taken by the CTR board at its February 22, 2008 meeting. At that meeting, the CTR board decided to allocate funding for the period between July 1, 2008 and June 30, 2009 at the same level per county and city as the funding allocated for the period between July 1, 2006 and June 30, 2007. Page 1 of 2 GCA5394-01 8 July 1, 2008 —June 30, 2009 Allocation Total County Allocation Clark $80,000 King $1,086,700 Kitsap $80,000 Pierce $141,983 Snohomish $121,569 Spokane $177,759 Thurston $109,489 Whatcom $80,000 Yakima $80,000 Total $1,957,500 4. A copy of this Amendment to the AGREEMENT shall be attached to and made a part of the original AGREEMENT. Any references in such agreement to the "AGREEMENT" shall mean "AGREEMENT as amended". 5. All other terms and conditions of the original AGREEMENT, not amended, shall remain in full force and effect. This document may be simultaneously executed in several counterparts, each of which shall be deemed original having identical legal effect. IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment the day and year last written below. WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: KATHRYN W. TAYLOR Director Public Transportation Division Title: Print Name: Who by this signature certifies their authority to execute this AGREEMENT on behalf of the CONTRACTOR. Date: Date: Page 2 of 2 GCA5394-01 Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6K 1. SUBJECT: 2ND AVENUE & HARRISON STREET IMPROVEMENTS FUND TRANSFER - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to transfer $800,000 from the remaining 228th Corridor West Leg project funds to the 2"d Avenue - Harrison Street Improvements portion of the Town Square Plaza Project to fund those street improvements adjacent to the Town Square Plaza Project. Originally the construction expenditures were to be paid through the Town Square Plaza Project Street Improvements Project. However, an increase in construction costs for this project requires participation from funds that benefit from the construction of this project. 3. XHIBITS: Public Works Memo 4. RECOMMENDED BY: Public Works Committee (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 DISCUSSION: ACTION: 9 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 ' KENT W A 5 H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 5, 2008 To: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: June 16, 2008 From: Larry R. Blanchard, Public Works Director Subject: Fund Transfer - from the 228th Street Fund Project to South 2nd Avenue & Harrison Street Improvements Authorize the transfer of $800,000 from remaining project funds for the 228th Corridor West Leg to the 2nd Avenue - Harrison Street Improvements portion of the Town Square Plaza Project to fund those street improvements adjacent to the Town Square Plaza Project. Summary: ' As a part of the Town Square Plaza Project Street Improvements, hereinafter referred to as TSPPSI, improvements were required to be constructed along S. 2nd Avenue and Harrison Street. These types of Street Improvement costs for projects within rights-of-way such as S. 2nd Avenue and Harrison Street are generally paid for through a Transportation project or funds. Originally the construction expenditures were to be paid through the TSPPSI Project, however, construction cost increases for this project required participation from those funds that benefit from the construction of this project. To provide the necessary funding for the project in anticipation of sharing in the construction of the TSPPSI Public Works set aside funding not used on the 228th Street West Leg Project and allocated these funds specifically to the TSPPSI Project. Therefore, we would recommend the transfer of $800,000 from the 2281h Street Improvement Project-West Leg to the 2"d Avenue - Harrison Street Improvements portion of the Town Square Plaza Project Street Improvements. U:\PWCommlttee\ActlonPage\2008\06 16 08 Transfer of Funds.doc Kent City Council Meeting Date July 1, 2008 ' Category Consent Calendar - 6L ' 1. SUBJECT: LIMITED STREET LICENSE WITH LEVEL 3 COMMUNICATIONS, LLC - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Limited Street License Agreement between the City of Kent and Level 3 Communications, LLC, upon concurrence of the final terms and conditions acceptable to the City Attorney. Level 3 Communications is a private company whose service area includes the City of Kent. Level 3 Communications has requested that the City grant it a permit to use City right-of-way to operate its system. 3. EXHIBITS: Public Works Memo & Limited Street License ' 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No N/A ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 1 11 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KENT Fax: 253-856-6500 ' W A S H I N O T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 12, 2008 ' To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 16, 2008 From: Larry Blanchard, Public Works Director Subject: Limited Street License between the City of Kent and Level 3 Communications, LLC Move to authorize the Mayor to sign the Limited Street License Agreement between the City of Kent and Level 3 Communications, LLC in the one time amount of $8,000, which sum captures arrearage prior to the commencement of ' this License. ' Summary: Level 3 Communications is a private company whose service area includes the City of Kent. Level 3 Communications has requested that the City of Kent grant them a permit to use City right-of-way to operate its system. In accordance with state laws, City's may require telecommunications companies to obtain a use permit to operate within the City in lieu of granting a franchise. The Limited Street License, under state law, constitutes a use permit and grants Level 3 Communications, LLC the right to operate within Kent's right-of-way, for five years. The one time fee in the amount of $8,000, which sum captures arrearage prior to the commencement of this License. Exhibits: Limited Street License U\PWCommlttee\ActlonPage\2008\06 16 08 Level 3 Limped St Llcense.doc LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND LEVEL 3 COMMUNICATIONS, LLC THIS LIMITED STREET LICENSE("License") is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"),and Level 3 Communications, LLC,a Delaware limited liability corporation ("Licensee"). ' RECITALS WHEREAS, Licensee seeks to renew Its limited street license to maintain and operate its ' telecommunications system in the City of Kent,which license expired by its terms on November 17, 2004; and WHEREAS, Licensee has requested that the City grant a permit to use City right-of-way to operate its telecommunications system within the City; and WHEREAS, the City has agreed to issue this license, which constitutes a use permit under Chapter 35.99 of the Revised Code of Washington for a telecommunications system; and WHEREAS, the City Is willing to enter into this License under the terms and conditions set forth In this License so that Licensee can continue to operate and maintain its existing facilities; NOW,THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants Licensee this Limited Street License for a ' period of five (5) years from the effective date of this License to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and Inspect a telecommunications system and all related equipment ("Telecommunications System") across, along, In, upon, and under the City's right-of-ways described in Exhibit A, which Is attached and Incorporated by this reference. This License is subject to all the terms and conditions established below. 2. Consideration. In consideration of the City's issuance of this License, Licensee shall, at the time of execution of this License, pay to the City a one-time amount in the sum of EIGHT THOUSAND AND N0/100 DOLLARS ($8,000.00),which sum captures arrearage prior to the commencement of this License. 3. Revocation and Termination. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-ways, which right-of-ways constitute a valuable property interest owned by the City. This License does not grant an estate in the land described in Exhibit A; it is not an easement; it is not a franchise, it is not exclusive; and, It does not exclude the City from full possession of the property described In Exhibit A. As a license upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least sixty(60)calendar days written notice of that termination or revocation. Upon the effective date of the City's termination or revocation,the City may require Licensee to remove the Telecommunications System within thirty (30) calendar days; If Licensee fails to remove the Telecommunications System within the allotted time, the City may remove ail or LIMITED STREET LICENSE--Page 1 of 6 May 1, 2008 (Between City of Kent and Level 3 Communications, LLC) part of the Telecommunications System and Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the , Telecommunications System. 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct,operate,maintain, remove, repair, reconstruct, replace, use, and inspect the Telecommunications System. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. The consideration In Section 2 is in addition to ' any fees required for applicable local, state, and federal permits. S. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and expense, relocate all or a part of its Telecommunications System when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-ways, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Licensee shall, upon receiving approval and obtaining the necessary permits from the City, have the right to bypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed. 5.1. For the purposes of this Section 5,any condition or requirement imposed , by the City upon itself or any person or entity acting on the City's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use,construction, or development)that reasonably necessitates the relocation of Licensee's facilities within the right-of-ways described In Exhibit A shall be a required relocation for purposes of this section. 5.2. If the City, under Its authority, causes a required relocation of all or part ' of the Telecommunications System, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, Licensee must complete the required relocation of its affected facilities at least ten (10) calendar days prior to the commencement of the project requiring relocation. Licensee will complete this required relocation at no charge or expense to the City. Further, Licensee's relocation shall be , accomplished in a mannerthat accommodates and does not interfere with the project requiring relocation. When other utilities are present and involved in relocation,the City will attempt to coordinate the relocation of the utilities. 5.3. Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City. The City will evaluate those alternatives to determine If any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Telecommunications System. If requested by the City, ' Licensee will submit additional information to assist the City in making its determination. The City will give each alternative proposed by Licensee full and fair consideration. In the event the City ultimately determines that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 5. LIMITED STREET LICENSE--Page 2 of 6 May 1, 2008 (Between City of Kent and Level 3 Communlcatlons, LLC) ' 1 1 5.4. Notwithstanding the above provisions in this Section 5,the Licensee may seek reimbursement from the City for its actual relocation expenses under any one of the following conditions: 5.4.1. If the City has required the Licensee to relocate these facilities at Licensee's cost within five (5) years of the date of a request for relocation; or 5.4.2. If the Licensee holds an ownership share in the aerial supporting ' structures (defined as poles or pole-like structures) for its facilities,and if the City requires an aerial to underground relocation of Licensee's facilities, the City will pay the additional incremental costs of undergrounding these facilities compared to an aerial relocation of the facilities, or will pay those costs required in any approved tariff, If less than the additional incremental costs; or 5.4.3. If the City requests relocation solely for aesthetic purposes. t5.5. Facilities should be relocated within right of way whenever physically possible. City shall not be responsible for the cost of easement rights for relocation of facilities unless the facilities to be relocated are upon private property and responsibility for new easement rights is assigned to the City by an approved tariff. In such event, the cost of replacement easement rights shall be an offset in City's favor against just compensation for easement rights taken. ' 5.6. In the event that a relocation of any of the Telecommunications System is required by any person or entity other than the City, so long as that person or entity Is not acting on the City's behalf in conducting any of the activities described in this Section 5, Licensee shall make those arrangements, including compensation for Licensee's relocation cost. 5.7. Notwithstanding all of the above, the City may require the relocation of ' the telecommunications system at Licensee's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare, but still subject to reimbursement under 5.4. 5.8. The provisions of this Section 5 shall survive the expiration or termination of this License. 5.9. Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit facilities. 5.10. Licensee shall not erect poles, run or suspend wires, cables, or other facilities, in any area without prior written approval from the City. 6. Emergency. In the event of any emergency In which any portion of the Telecommunications System breaks, becomes damaged, or in any other way becomes an Immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However,this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) succeeding business days. LIMITED STREET LICENSE--Page 3 of 6 May 1, 2008 (Between City of Kent and Level 3 Communications, LLQ 7. Indemnification. Licensee shall comply with the following indemnification requirements: ' 7.1. Licensee shall defend, indemnify, and hold the City, Its officers, officials, employees,agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and reasonable attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents, contractors, subcontractors, consultants, subconsultants, or , assigns. In the event that a third party claim arises in whole or in part due to delays in relocation of Licensee's facilities and such claim is subject to binding arbitration, Licensee shall submit to the jurisdiction of the arbitrator and the provisions of this section 7.1 shall otherwise apply. 7.2. The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. , 7.3. These indemnification obligations shall extend to any claim,action,or suit that may be settled by compromise, provided that Licensee shall not be liable to Indemnify the City for any settlement agreed upon without the consent of Licensee; however, If Licensee consents to the agreed upon settlement, then Licensee shall indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City ' regardless of whether the settlement of such claims is made with or without Licensee's consent. Licensee's obligation to indemnify the City in that event shall be in accordance with the following section 7.4. 7.4. In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 7 and if Licensee's refusal Is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all legal costs,witness fees, and reasonable attorneys' fees and also including the City's costs, including all legal costs, witness fees, and reasonable attorneys' fees, for recovery under this indemnification clause (Section 7). , 1 7.5. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. , 8. Insurance. Licensee shall procure and maintain forthe duration of this License, Insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants or assigns performing work under the scope of this License and to assure that such coverage is maintained. 8.1. Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 8.1.1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and LIMITED STREET LICENSE--Page 4 of 6 May 1, 2008 (Between City of Kent and Level 3 Communications, LLC) 8.1.2. Commercial General Liability insurance written on an occurrence ' basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal Injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 8.1.3. Excess Liability insurance with limits not less than$2,000,000 per occurrence and aggregate. 8.2. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 8.3. The City,its officers,officials, employees,agents,assigns,and volunteers shall be named as an additional insured on the insurance policy,as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional Insured. 8.4. Licensee's insurance shall contain a clause stating that coverage shall apply separately to each Insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. ' 8.5. Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty(30)calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 9. Modification. This License may be modified, altered, or amended only In writing and upon approval by the City. ' 10. Assignment. Licensee may assign all or any portion of its rights, benefits, and privileges, in and under this License subject to and conditioned upon approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days of the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges In and under this License to the Trustee for its bondholders and assign to any subsidiary, parent,affiliate,or company having common control with Licensee so long as notice of same Is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions hereof until such time as the City shall consent to such assignment as provided above. 11. Dispute Resolution;Venue;Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and If the City and Licensee are unable to cure the breach or otherwise resolve their dispute,then final resolution of this dispute or claim shall occur exclusively under the venue, jurisdiction, and rules of the King County Superior Court located In Kent, Washington. Each party shall also be responsible for Its own legal costs and attorney fees Incurred In defending or bringing that claim or lawsuit. LIMITED STREET LICENSE--Page 5 of 6 May 1, 2008 (Between City of Kent and Level 3 Communications, LLC) 12. Notice. All notices, requests,demands,or other communications provided for in this License shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded In like manner. CITY OF KENT LICENSEE: Attn: City Clerk Attn: Director, Intercity Network 220 Fourth Avenue South Attn: General Counsel Kent, WA 98403 1025 Eldorado Blvd. Broomfield, CO 80021 13. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise,or representation,whether oral or written, not expressed herein. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY: LICENSEE: CITY OF KENT LEVEL 3 COMMUNICATIONS, LLC , By: By: C Print Name: SUZETTE COOKE Print Name: ' Y Its: Mayor Its: S14�cr y. AIV, Date: Date & APPROVED AS TO FORM: By: Kent Law Department P:\CMI\flies\OPmnles\042]\Leve13\Level3Llrnited5treetticenseRENEW AL.doc LIMITED STREET LICENSE--Page 6 of 6 May 1, 2008 (Between City of Kent and Level 3 Communications, LLC) 1 Exhibit"A" gd'ce A TON-. urlerl ` GehS[a -1' 11 SO cTa 9ektialporo varw) ,.� Po . 17§&s_L Tukwila Nanlon Fal z� Korm 9[a S __— dh'mGla - deln SPoot P�ar1t,.' \. /✓... � eaTaC two t. Astoaa6, I --'iTk J 1071 sl ®Populated Places Lake III Boundaries - ! ` -SE 20 Ith Str YopaQs E3 Transportation f 5 212M% -- calf orWd Parks and Reserves _( 7 Soos Cr- Part, ®PTiscellaneous '. 'Des Molne WAIF INQ 1N '# PupeJSoygd''{60$I��_ ll t. �oosGmt Creek - _ park-SoUh SE 2SM St ale fit cainal t9 _ F•yeqderal Vt/aSi� ----� � � I* � � ��Q`�t�_ w �zh St Co ®2:05 AxosrR aW/a tr as N s 'wed — Level (3) Communications LLC System Installation City of Kent, WA Level 3's Communications system through the City of Kent runs along the Union Pacific Railroad Right-of-Way from S 180th on the North and S 277th on the South. .-Street"Nme. -- _ " P, emeri cy, _Sec n` .= =v I+,00ta e = z Ea_ _- t-;ice__._..,...txqavv_sh':..; ..3 S. 180th Street Crossing36 23N 4E 60 _ S. 196- S ,eeY w2 _ - 60 S. 212th Street = = Crossing 12 _ __ 22N 4E 60 'S. 228-'Strut ,, =_:, _-_ -= _iCraOW -- �3 22�ry��' _TER West James Street Crossing 24 22N 4E 60 e itS^Vlth'Str .��}. =_3 -_--- - - = - West Meeker Street Crossing 24 22N 4E 60 West WiOk StaG'eet_- _= = : ._ i iss ri = _ 4: _� = - ;T <:• '" 0_ ` S. 259`h Street Crossing 25 22N 4E 60 S: 262 Stree, - :C:r ssin F - j; - - S. 277`h Street Crossing 36 22N 4E 60 • * May not actually cross as this street does not cross the railroad tracks. • All footages are estimated at a generic 60'per crossing. i _ •a - .��r= s...,. ,�s. �,; R.'y��T DATE(MM/OD/YYYY) r r 05/07/2008 PRODUCER y Aon Risk services Inc, of Washington, D.C./ Hunti THIS CERTIFICATE IS ISSUED AS A NUTTER OF INFOR NIATION ONLY , 1120 20th Street Nw ANU CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS washington DC 20036 USA CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PIIoNE- 866 283-7122 847 953-5390 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER.v- Charter oak Fire Ins Co 25615 Level 3 Communications, Inc. INSURERB: Travelers Property Cas Co Of America 25674 Level 3 Communications, LLC q 1025 Eldorado Blvd INSURER C: 5t Paul Fire & Marine insurance Co. 24767 y Broomfield Co 80021 USA INSURER D: 1NSURE•RE: ROM THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT POLICY EFFECTIVE POLICY EXPIRATION LTR INSIRD TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(i�1J11DDlYY) DATE(OIbBDD\YY) C BRALLtARMITY TE06304916 05/01/08 05/01/09 EACHOCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGLTORENTED $110001000 PRE CLAIMS MADE ® OCCUR UP onurence) (Anyone yore person PERSONAL&ADV INJURY $1,000,000 ry O GENERAL AGGREGATE $5,000,000 M GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMAOPAGG $51,000,000 N ❑ POLICY JECr LOC O O f\ try C AUTOMOBILE LIABILITY TE06304916 05/01/08 05/01/09 COMBINED SINGLE LIMIT ANY AUTO ADS (Ea accident) $1,000,000 Z C TE06304917 05/01/08 OS/01/09 ALL OWNED AUTOS VIRGINIA BODILY INJURY C SCHEDULEDAUTOS MA06300146 05/01/08 05/01/09 (Perpersnn) MASSACHUSETTS X HIRED AUTOS BODILY INJURY aLi NON OWNED AUTOS (Peraccident) U PROPERTY DAMAGE (Peraccident) GARAGE LIABILITY AUTO ONLY-FA ACCIDENT HANY AUTO OTHERTT-iAld EA ACC AUTO ONLY: AGO C EXCESS/UMBRELLA LIABILITY TE06304916 05/01/08 05/01709 EACH OCCURRENCE OCCUR a CLAIMS MADE AGGREGATE $5,000,000 ®DEDUCTIBLE ' RETENTION B HRJUB C RETRO )( WC STATUS OTH- A WORKERS COMPENSATION AND HC20U83917C66408 (DEb) 03/31/08 03/31/09 ORY LIMITS ER EMPLOYERSF LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OMCERMEMBEREXCLUDED? E.L.DISEASE-FA EMPLOYEE $1,000,000 lfJes,describe urWer SPECIAL PROVISIONS E L DISEASE-POLICY LIMIT $1,000,000 below , OTHER "JI Ftt _>L DESCRIPTION OF OPERATIONS/LDCATIONSNEHICLESTXCLUSIONS ADDED BY ENDORSEr IENTiSPECIAL PROVISIONS , The City of Kent, its officers, officials, employees, agents and volunteers are included as additional insured on the General Liability Coverage as required by written contract. General Liability Coverage includes Blanket waiver of subrogation if required by contract. Coverage listed is primary. =F. ,....•_..__ - ,.... .-.... 5.zza- x - 'x; '- ."s..� __..., ;..,.�,.x;..,,.. ., -r -.a'cx."Tc�.-•-•--' :.�RTiII[•� 'Tl�'=�I© Iy� .�.�.�. :.-e>�-":� :.���# �:-��'-` II:A QI�:��:a;��s��=:��.'I"^�. � • _ �- City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 Fourth Avenue South DATE THEREOF,TIIE ISSUING INSURER WILL ENDEAVOR TO MAIL Kent WA 98032 USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY A OF ANY KIND UPON THE INSURER,ITSAGENIS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .�avvt%'Ilak.4i►dJr.v.�ira 909e—Af'.PA~0.a cfY a•:—ma's,. :�i .`�.,^ss.r' +, s•-, - •_ r_ r-^--`E-, �.- - �® _ �" �ORI)25~' bUl/d$��§�y:tip.�, _�:' 'a�`'_. 3""�=�' - �1�z;��,. =�1*� -';�:(��:;k3v�.�=_,�z �a: r,"��.�4�-�'. �A •(QaRl3°ECIi :� '�T,1 8 Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6M 1. SUBJECT: LIMITED STREET LICENSE WITH AT&T CORPORATION - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Limited Street License Agreement between the City of Kent and AT &T Corporation, upon concurrence of the final terms and conditions acceptable to the City Attorney. AT &T Corporation is a private company whose service area includes the City of Kent. AT & T Corporation has requested that the City grant it a permit to use City right-of-way to operate its system. 3. EXHIBIT • Public Works Memo & Limit ed Street License 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No N/A 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 21 PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 12, 2008 To: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: June 16, 3008 From: Larry Blanchard, Public Works Director Subject: Limited Street License between the City of Kent and AT&T Corp. Move to authorize the Mayor to sign the Limited Street License Agreement between the City of Kent and AT&T Corp. in the amount of $5,000. Summary: AT&T Corp. is a private company whose service area includes the City of Kent. Level 3 Communications has requested that the City of Kent grant them a permit to use City right-of-way to operate its system. In accordance with state laws, City's may require telecommunications companies to obtain a use permit to operate within the City in lieu of granting a franchise. The Limited Street License, under state law, constitutes a use permit and grants AT&T Corp. the right to operate within Kent's right-of-way, for five years. The one time fee in the amount of $5,000. Exhibits: Limited Street License P IPublecL4dmmSupOethlPWCommitleeL4cuonPagedoc LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND AT&T CORPORATION THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"), and AT&T CORPORATION, a New York corporation ("Licensee"). RECITALS WHEREAS, Licensee seeks to operations its telecommunications system in the City of Kent; and WHEREAS, Licensee has requested that the City grant a permit to use City right-of-way to operate its telecommunications system within the City; and WHEREAS, the City has agreed to issue this license, which constitutes a use permit under Chapter 35.99 Revised Code of Washington, for a telecommunications system; and WHEREAS, the City is willing to enter into this License under the terms and conditions set forth in this License so that Licensee can continue to operate and maintain its existing facilities; NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: 1 LICENSE 1. License Granted. The City grants Licensee this Limited Street License for a period of five (5) years from the effective date of this License to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect a telecommunications system and all related equipment ("Telecommunications System") across, along, in, upon, and under the City's right-of-ways described in Exhibit A, which is attached and incorporated by this reference. A general description of the plans and specifications for this Telecommunications System is attached as Exhibit B. This License is subject to all the terms and conditions established below. 2. Consideration. In consideration of the City's issuance of this License, Licensee shall, at the time of execution of this License, pay to the City a one-time amount in the sum of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) prior to the commencement of this License. 3. Revocation and Termination. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-ways, which right-of-ways constitute a valuable property interest owned by the City. This License does not grant an estate in the land described in Exhibit A; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the property described in Exhibit A. As a license upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least sixty (60) calendar days written notice of that termination or revocation. Upon the effective date of LIMITED STREET LICENSE--Page 1 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) the City's termination or revocation, the City may require Licensee to remove the Telecommunications System within thirty (30) calendar days; if Licensee fails to remove the Telecommunications System within the allotted time, the City may remove all or part of the Telecommunications System and Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Telecommunications System. 4. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the Telecommunications System. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. S. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and expense, relocate all or a part of its Telecommunications System when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-ways, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Licensee shall, upon receiving approval and obtaining the necessary permits from the City, have the right to bypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed. 5.1. For the purposes of this Section 5, any condition or requirement imposed by the City upon itself or any person or entity acting on the City's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that reasonably necessitates the relocation of Licensee's facilities within the right-of-ways described in Exhibit A shall be a required relocation for purposes of this section. 5.2. If the City, under its authority, causes a required relocation of all or part of the Telecommunications System, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, Licensee must complete the required relocation of its affected facilities at least ten (10) calendar days prior to the commencement of the project requiring relocation. Licensee will complete this required relocation at no charge or expense to the City. Further, Licensee's relocation shall be j accomplished in a manner that accommodates and does not interfere with the project requiring relocation. When other utilities are present and involved in relocation, the City will attempt to coordinate the relocation of the utilities. , 5.3. Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Telecommunications System. If requested by the City, Licensee will submit additional information to assist the City in making its determination. The City will give each alternative proposed by Licensee full and fair consideration. In the event the City ultimately determines that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 5. LIMITED STREET LICENSE--Page 2 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) 5.4. Notwithstanding the above provisions in this Section 5, the Licensee may seek reimbursement from the City for its actual relocation expenses under any one of the following conditions: 5.4.1. If the City has required the Licensee to relocate these facilities at Licensee's cost within five (5) years of the date of a request for relocation; or 5.4.2. If the Licensee holds an ownership share in the aerial supporting structures (defined as poles or pole-like structures) for its facilities, and if the City requires an aerial to underground relocation of Licensee's facilities, the City will pay the additional incremental costs of undergrounding these facilities compared to an aerial relocation of the facilities, or will pay those costs required in any approved tariff, if less than the additional incremental costs; or 5.4.3. If the City requests relocation solely for aesthetic purposes. 5.5. Facilities should be relocated within right of way whenever physically possible. City shall not be responsible for the cost of easement rights for relocation of facilities unless the facilities to be relocated are upon private property and responsibility for new easement rights is assigned to the City by an approved tariff. In such event, the cost of replacement easement rights shall be an offset in City's favor against just compensation for easement rights taken. 5.6. In the event that a relocation of any of the Telecommunications System is required by any person or entity other than the City, so long as that person or entity is not acting on the City's behalf in conducting any of the activities described in this Section 5, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity. 5.7. Notwithstanding all of the above, the City may require the relocation of the telecommunications system at Licensee's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare, but still subject to reimbursement under 5.4. 5.8. The provisions of this Section 5 shall survive the expiration or termination of this License. 5.9. Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit facilities. 5.10. Licensee shall not erect poles, run or suspend wires, cables, or other facilities, in any area without prior written approval from the City. 6. Emergency. In the event of any emergency in which any portion of the Telecommunications System breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two succeeding business days. LIMITED STREET LICENSE--Page 3 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) 7. Indemnification. Licensee shall comply with the following indemnification requirements: 7.1. Licensee shall defend, indemnify and hold the City, its officers, officials, ' employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents, contractors, subcontractors, consultants, subconsultants or assigns. In the event that a third party claim arises in whole or in part due to delays in relocation of Licensee's facilities and such claim is subject to binding arbitration, Licensee shall submit to the jurisdiction of the arbitrator and the provisions of this section 7.1 shall otherwise apply. 7.2. The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 7.3. These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, then Licensee shall indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent. 7.4. In the event that Licensee refuses to accept tender of defense in any claim, action or suit by a third party pursuant to this Section 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all legal costs, witness fees and attorneys' fees and also including the City's costs, including all legal costs, witness fees and attorneys' fees, for recovery under this indemnification clause (Section 7). 7.5. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. S. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Licensee, its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants or assigns. 8.1. Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 8.1.1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 8.1.2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. LIMITED STREET LICENSE--Page 4 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) 8.1.3. Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 8.2. Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 8.3. The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 8.4. Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. B.S. Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail of any cancellation, suspension or material change in coverage. 9. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 10. Assignment. Licensee may assign all or any portion of its rights, benefits, and privileges, in and under this License subject to and conditioned upon approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days of the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the Trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City and provided Licensee remains fully liable to the City for compliance with all terms and conditions hereof until such time as the City shall consent to such assignment as provided above. 11. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and if the City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur exclusively under the venue,jurisdiction and rules of the King County Superior Court located in Kent, Washington. Each party shall also be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. LIMITED STREET LICENSE--Page 5 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) r 12. Notice. All notices, requests, demands, or other communications provided for in this License shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. CITY OF KENT LICENSEE: Attn: City Clerk Attn: Right-of-Way Department 220 Fourth Avenue South AT&T Corp Kent, WA 98403 3001 Cobb Parkway NW, Room 162 Atlanta, GA 30339 (770) 953-5500 Please Copy to: AT&T Services, Inc. Attn: Law Department General Attorney & Assistant General Attorney 175 E Houston, Room 210 San Antonio, TX 78205 (770) 953-5513 13. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. CITY: LICENSEE: City of Kent AT&T Corporation By: By: Print Name: SUZETTE COOKE Print Name: Its: Mayor Its: Date: Date L APPROVED AS TO FORM: ' By: Kent Law Department P:\Clvil\Files\OpenFiles\0421\ATTLicense2-2007-2012 doc LIMITED STREET LICENSE--Page 6 of 7 December 5, 2007 (between City of Kent and AT&T Corporation) CD i 1 C4 f .• r I I � [ � ., I CD E Mal* Hwy fall • ••� '•�,�: ��• .... :��Id, ;it.i ! �' t � .1•.!� .. 1I VA 1 i ,� i,�..�... •,✓. �,,� {r/dX'�` � '!i. 11[1�.[ r 1 �.�, r I il�• 7, [' ■ N N �_ N § N N N Z M _ cu (A =3 r- r r r r ^ -f- fTl n o 0 0 0 o n o o n o o m ` H f0 f0 Efl (� (O f'tl y y N N N p w' aaaa > > > � � o 3 CD 3. cfl cn O _ o CD T o N 0W N N ej W A A A (n ClE d1 ID 90 N W O r.,. to N _{ N NN Z w N 1 O1j N N N N N N � N � Z Z Z Z Z Z Z Z Z Z Z rl� p ja A A A A A A A A A A A m m m m m m m m m m m m 070E m l< CD 2 T O o A pmp)� N cn CNn O U, o rn a o� o rn to D cn o C o o rn o 0 0 0 o ea, D General description of the plans and specifications for the Telecommunications Exhibit B System. Installation of a telecommunications system consisting of. four (4) 2" diameter High Density Polyethylene conduits, fiber optic cable(s), manholes or handholes, splice boxes, surface location markers and other facilities or equipment. All four (4) conduits are owned by AT&T. At installation, three (3) of the conduits were owned by AT&T, identified as the following colors: solid white, solid orange and the orange conduit with a yellow stripe. And Touch America, Inc. owned the fourth conduit, black in color. Since installation, Touch America filed for bank ruptcy and AT&T purchased their assets pursuant to a "Comprehensive Sale, Interpleader and Settlement Agreement" dated 7/12/04 which closed on 10/19/04. Construction standards: Material: High Density Polyethylene(HDPE),Polyvinyl chloride(PVC)or schedule-40 black iron steel pipe. Conduit placement: • Minimum depth of cover required is forty-two inches (42") unless otherwise required by the granting authority. • Minimum depth of cover in ditches adjacent to roads, highways, railroads, and interstates is forty-eight inches (48") below the clean out line or existing grade, whichever is greater. • The minimum depth of cover in streams, river washes and other waterways is six feet (6) below the flow line of the channel bottom or existing grade, whichever is greater. • Underground Obstructions: Conduit may go over,under or around various existing facilities encountered underground as long as there is a minimum separation of twelve (12) inches and the minimum trench depth requirements are met, unless greater separation is required by the permit agency. If the minimum depth of cover cannot be met, mechanical protection of the conduit in the form of concrete, steel pipe or both is required. Buried Warning Tape placement: Cable warning tape shall be placed twelve(12)to eighteen(18) inches directly above the conduit. Manholes/Handholes installation: The maximum spacing between manholes/handholes shall be 4,000 feet. Surface location markers: Markers should be visible each way from an adjoining maker but at no time shall any marker be spaced more than five hundred feet apart. Construction methods: Trenching: Where practical the conduit installation will be accomplished by trenching. The trenching will be performed with equipment such as a backhoe, track hoe, and chain trencher Directional Boring: Where required the conduit installation will be accomplished with use of a directional bore machine. MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER CHI-001764548-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 701 Market Street,Suite 1100 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE St LOUTS,MO 63101 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn ATT,CertRequest@marsh com _ COMPANIES AFFORDING COVERAGE COMPANY 18566-LS/LT-w/umb-07-08 02 01 02 A NATIONAL UNION FIRE INS CO OF PITTSBURGH PA INSURED COMPANY Subsidiaries of AT&T Inc B AMERICAN HOME ASSURANCE COMPANY AT&T Corp 175 E Houston,Room 7-R-5 COMPANY San Antonio,TX 78205 C ILLINOIS NATIONAL INSURANCE CO COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) A GENERAL LIABILITY GL1595235 06/01/07 06/01/08 GENERAL AGGREGATE $ I0,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE Fx I OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any oneperson) $ 10,000 A AUTOMOBILE LIABILITY WC16071142 (AOS) 06/01/07 06/01/08 1,000,000 CA1606817 B X ANY AUTO (VA) 06/01/07 06/01/0$ COMBINED SINGLE LIMIT $ B ALL OWNED AUTOS CA1606818 (MA) 06/01/07 06/01/08 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY BE9834921 06/01/07 06/01/08 EACH OCCURRENCE $ 2,000,000 X UMBRELLA FORM AGGREGATE $ 2,000.000 OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND WC1607842 (A0S) 06/01/07 06/01/08 X ORY LTA H- IMITS eR EMPLOYERS'LIABILITY g WC1607843 (CA) 06/01/07 06/01/08 EL EACH ACCIDENT $ 1,000,000 C THE PROPRIETOR/ X INCL W IL,MIC1607844 (FL) 06/01/07 06/01/08 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE WC1607845 C OFFICERS ARE EXCL ( ) 06/01/07 06/01/08 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER C WC1607846 (MA,NY) 06/01/07 06/01/08 Workers Compensation g Workers Compensation WC1607847 (ND,OH,WA) 06/01/07 06/01/08 Each Accident 1,000,000 B WC1607847 (WI,WV,WY) 06/01/07 06/01/08 Disease-Policy Limit 1,000,000 A IWC1607848 (OR) 06/01/07 06/01/08 Disease-Each Employee 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Re Limited Street License for facilities in City owned Rights of Way The City,its officers,officials,employees,agents,assigns and volunteers are included as Additional Insured under the General Liability policy but only with respect to the requirements of the contract between the Certificate Holder and AT&T Corp CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL,tea DAYS WRITTEN NOTICE TO THE City of Kent,WA CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn Susan Jensen 220 Fourth Avenue,South LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES OR THE Kent,WA 98403 ISSUER OF THIS CERTIFICATE MARSH USA INC, BY. Alfred A Peterfeso o. MM1(3/02) VALID AS OF: 10/31/07 ENDORSEMENT This endorsement, effective 12:01 A.M. 06/01/07 forms a part of policy No,GL 1595235 issued to AT&T INC. b NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH P y A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. Section II - Who is an Insured, 1., is amended to add: f) Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverag6 and/or limits required by said contract or agreement. j Authorized Representative or Countersignature (in States Where Applicable) F1719 r4mll Kent City Council Meeting Date July 1, 2008 Category Consent Calendar - 6N 1. SUBJECT: AUGUST 5, 2008, COUNCIL MEETING TIME CHANGE - AUTHORIZE 2. SUMMARY STATEMENT: Authorize a change in the time of the August 5, 2008, City Council meeting from 7:00 p.m. to 5:00 p.m., and direct the City Clerk to give notice of the time change in the same manner as a special meeting. National Night Out is an annual event designed to bring neighborhoods together for community enhancement and crime prevention. Every year, the police department, City Council, and other City representatives take this opportunity to thank the citizens that make this neighborhood crime prevention program work. National Night Out occurs on the first Tuesday in August, which conflicts with the City Council meeting scheduled on the same night. In order to participate in this event, the City Council will need to move the time for its regular meeting on August 5th from 7:00 p.m. to 5:00 p.m. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (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: Kent City Council Meeting Date July 1, 2008 Category Other Business - 7A 1. SUBJECT: MERIDIAN BANKS REZONE ORDINANCE (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: The Council is considering adoption of an ordinance relating to land use and zoning, specifically the rezoning of one parcel totaling 6.3 acres of property from Single Family Residential 4.5 units per acre to Single Family Residential 6 units per acre. The property is located at 25840 135th Lane Southeast. The Kent Hearing Examiner held a Public Hearing on February 1 and February 15, 2006; and May 10, May 23, and August 15, 2007. The Hearing Examiner issued Findings, Conclusions, and a Recommendation for approval on October 15, 2007. On November 20, 2007, Council voted to remand this matter back to the Hearing Examiner. At its next meeting, Council passed Resolution 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 Examiner. In January, 2008, the court ordered the City not to take action on the rezone until further order of the court. In February, 2008, the court issued another order allowing the Council to vote on the merits of the rezone application. This order was appealed by the owner to the Court of Appeals and a stay was entered, again, not allowing the Council to take any action. Pursuant to an agreement between the City and the owner, the court has issued an order allowing the Council to vote on the merits of the rezone application. 3. EXHIBITS: Ordinance, Hearing Examiner Findings, Conclusions and Recommendation; Staff Report with map, Staff memo; and Determination of Nonsignificance 4. RECOMMENDED BY: Hearing Examiner (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 'e�Lo-f'N moves, Councilmember PC-fl¢sL_-' seconds to ap prove/reject�ref!4-y the Findings, Conclusions and Recommendation of the Hearing Examiner on the Meridian Banks Rezone and to adopt Ordinance No. DISCUSSION: -yam ACTION: 1 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 t 0, 2005, to rezone approximately 6.32 acres of property located at 25840 135 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). B. The City's SEPA responsible official issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2005-57) for the proposed rezone on January 19, 2007. 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 impacts that cannot be mitigated; that circumstances have changed since the 1 Meridian Banks Rezone 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 o certain issues that were subsequently listed in-Resolution 1774 passed by the City Council on December 11, 2007. 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 Court, Case No. 07-2-41012-1 KNT. F. On July 1, 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 from SR- 4.5 to SR-6...be GRANTED without conditions." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recita/s Incorporated as Findings. The foregoing recitals, which are incorporated by this reference, constitute the council's findings on this matter. 2 Meridian Banks Rezone SECTION 2. - Rezone. The property located at 25840 1351h Lan 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. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 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 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 o the City of Kent as hereon indicated. (SEAL) BRENDA ]ACOBER, CITY CLERK P:\Clvll\Ordinance\Rezone-MerldianBanksWPA.doc 1 i 4 Meridian Banks Rezone 1 1 1 i i � ATTACHMENT 1 t i i 1 1 1 1 1 1 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 BACKGROUND1 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-Z 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, Partlll,Rezone RZ-2005-7,KNA #2052281 Page 1 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*15. 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, Conclusions and Recommendation City of Kent Hearing Examiner Meridian Banks, Part III,Rezone 92.2005--7, KNA #2052281 Page 2 of 10 imon •Test v. 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 ExhibitA. 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 'Applicantso 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-641anuary 14 2006, Staff Report, pages i —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-15.H,Hearing Examiner Decision ofMairh 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. Exhlbit CK-62;Exhibit CK-63;Exhibit OXC 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 Dedsion of Hearing Examiner, Meridian Banks Preliminary Plat File No.sU-2005-11, KNA# RPP3-2053169. a 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 Gty of Kent Hearing Examiner Meridian Banks,Part III, Rezone RZ-200S-7, KIVA #2052281 Page 3 of 10 2. The City of Kent (City) determined the rezone application was complete on August 11, 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 Nonsignificance (DNS) for the rezone request on November 18, 2005. Exhibit C-7; Exhibit C-8. The DNS was appealed by James Heim 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. Exhibi *15H. 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 i recommendation and are addressed in Parts I and II of the Meridian Banks decisions. Exhibit CK-63, May 10, 2007 Stafi'`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 1996 as part of the Meridian Annexation (Ordinance No. 3241). Based on existing )and 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 CThe SEPA rules underscore flexibility and gauge the level of detail according to the proposal at issue'. Findings, Conclusions and Recommendadon 04 of Kent Hearing Examiner Meridian Banks,Part Ili,Rezone RZ-200S-7,KNA 92052281 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 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- 53,5 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'h 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 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. 7 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 C/ty of Kent Hearing Examiner' Meridian aanks, Pan`111,Rezone RZ-2005-7, KIUA #2052281 Page 5 of 10 e is o acre c I.9 The anus 18 2006 Staff Report ford development of up to 38 to n a 6 3 re pare e January 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, 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 P 9 defining the direction of the Comprehensive Plan, and thereby*defin ing 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 5F-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 zoningdistrict is found in KCC 15.04.170. The maximum density ty 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,Gty 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 Mendlan Banks, Part III,Rezone RZ-2005-7, KIVA #2052281 Page 6 of 10 . — 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 258n' Street. The property also has street frontage along 135n' Avenue SE. The Applicants proposed construction of a "'W-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 135 Avenue SE between SE 258 h Street and SE 256t' 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 3--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 256d', 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 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 lll,Rezone RZ-1005--7,KlvA #2052281 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-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, i including this rezone, and to issue a written recommendation for final action to the City Council, pursuant b 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; 1 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 Recommendation Gty of Kent Hearing Examiner Meridian Banks,Part Ill,Rezone RZ-2005-7, KIVA #2052281 Page 8 of 10 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, 51 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 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, A7VA 02052281 Page 9 of 10 he i th Kent-Kan I Road and portion of 116th Avenue t ntersection of 116 Avenue SE and K ey a g 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, S—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 135t' Lane SE, in Kent, Washington, be GRANTED without conditions. DATED this day of October 2007. �� THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions and Recommendation City of Kent Hearing Examiner Meridian Banks, Part 111, Rezone RZ-2005-7, KIVA #2052281 Page 10 of 10 j 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 i 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 — Field 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 Attorney';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 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 j 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-5) 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 - Genera/Reference available for revie 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 200471 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 Larri 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 2 of 13 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 J KIVA 2052281 CK-64.Staff Report for January 18, 2006 Hearing Examiner Meeting — Meridian Banks Rezone RZ-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 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-7O.Notice of Public Hearing with Affidavit of mailing, posting, and publication, dated April 30, 2007, 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 CK-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 0K-30, M-26 B. Letter from Bill H. Williamson to City of Kent, dated November 9, 2006, with exhibits — Same,as M 25, 5-8 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 lant's/Applicant'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-55, 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 M-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, M-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 6of13 SHARON BOSSES 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 Cl(-13 B-4. Same as Cl(-30 B-5. Same as Cl(-19 B-6. Same as CK--18 B-7. Same as M-15H B-8. Same as M--15B, 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 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 TAMES HELMS EXHIBITS A-1. Aerial Photographs of site A-2. Sensitive Areas Map from King County iMAP website LA-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 Nonsignifcance, 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 County Journa/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 Counlylourna/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 letterfrom Charlie and Linda Denny, dated August 21, 2005 Attachment A, List of Exhibits City of Kent Hearing Examiner Meridian Banks'Appeals Page 8of13 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 iMAP 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 1 C-101.Comment letter/e-mail from Bruce Anworthy, dated November 29, 2005, received November 29, 2005 1 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 1 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-114.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 1 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, 1 2005 C-119.Comment letter from James W. Cormier, dated November 29, 2005, received December 2, 2005 , 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 30, 2005, received December 1, 2005 C-127.Comment letter from Margaret Stewart, dated November 29, 2005, received December 1, 2005 C-128.Comment letter 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 1 Attachment A, List of Exhibits City of Kent Hearing Examiner 1 Meridian Banks'Appeals Page it of 13 . 1 ' 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 21 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 11 I 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 Wetiani 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 Lart Krueger, dated August 4, 2005 M-11. Letter from Lydia Moorehead to Ted Nixon regarding Meridian Banks Tentative Plat, dated Ju 11, 2005 M-12. Color photo showing trailer park and property line Attachment A, List of Exhibits City of Kent Hearing Examiner Meridian Banks'Appeals Page 13 of 13 i ATTACHMENT B PLEADINGS In addition to the appeals themselves (Floten and Nixon Administrative Decision Appeal, Exhibit M-IS,• 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 Appeal: ■ 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 Hearin Ex i -g Examiner r issued the following pre hearing orders. iAdministrative Appeal: • 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 • 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 Floteg'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 • 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 , 1 1 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. ExhibitC--1 . 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-13;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 2 840 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." ExhibitC-47. On October 17, 2005, the Cityissued a Notice of Application for the proposed subdivision pP with a public comment period ending October 31, 2005. Exhibit CK- 62, Staff Report,page 7. On November 8, 2005, the City requested that the Applicant provide a wetland delineation ' 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 CK-19. On November 18, 2005, the City issued a SEPA Determination of Nonsignificance on the rezone, but not on the preliminary plat. ExhibitC-7, On December 16, 2005, James Helm appealed the DNS on the rezone to the Hearing Examiner. ExhibitA-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 B-7. PHASE II (Rezone and Preliminary Plat and Appeals of MDNS) 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 3u1y 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 S. 2006, Teresa Vanderburg, ESA Adolfson, submitted a review of the wetland delineation prepared by Habitat Technologies, and based on a site visit on October i 31, 2006. Exhibit X--28, On November 9, 2006, the Applicant requested that the City proceed with the r 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 fHearing Examiner. Exhib&M-15. 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. ExhibitCK-29;ExhibitCK-31;ExhibitCK-SS. 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, 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 February16 2007 Sharon Bosse appealed the MDNS conditions regarding wetland , pp 9 9 1 delineation and storm drainage. ExhibitB-15. On April 28, 2007, the City posted, published, and mailed notice of the public hearing and consolidated appeals. Exhibit CK-62, Staff Report, page 7. On May 101, 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 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 1 1 � EXHIBIT "A" I I Af Ul OF 40 Al :/ / / /Zgj :y I 1 �x i� lid/ �r / / / / /' = I 1 =: r / 134 at CO i t � �v�—•-_.o�1 ..���- '� _ �per,.�a,�::r �I��+,,. I � oc ^..� g 1w ctod Ci And WUNAM �.,°..... / a t �tnrwn d Z •L6�rQ91 • z EXHIBIT "A" Page 1 of 2 Ir i�7 , 4: ��tm �Ag T 11 IN 'to tp V�r rl4 0 it 4t a) (D 1,4. W a COM w 7 9�W Id-F, Tmul- 5.1 'A, a:t . . ,........ ty '..-7 'T4 4,42. We 0 7T77 r 77- 7 VIA 9L V I r!r--6, EXHIBIT "A" Page 2 of 2 t t � EXHIBIT '%% B " t t t MERIDIAN BANKS REZONE SUBMITTAL LEGAL DESCRIPTION: (PER STWEART TITLE COMPANY ORDER NO 205103805) THAT PORTION OF 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 29° 59'00" 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, 1N KING ; COUNTY, WASHINGTON; THENCE SOUTH 01° 0723" WEST 320 FEET; THENCE SOUTH 290 59'00" EAST 11025 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88° 59' EAST 146 FEET, THENCE SOUTH 1° OT WEST 90 FEET, MORE OR LESS, TO THE SHORE OF LAKE MERIDIAN; THENCE NORTHWESTERLY ALONG THE SHORE OF LAKE MERIDIAN TO A i POINT WHICH BEARS SOUTH 01a 07'00" WEST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 01° 07'00" EAST 45 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING, TOGETHER WITH SECOND CLASS SHORELANDS ADJOINING. EXHIBIT "B" 1 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 Meridian Banks, Part III,Rezone RZ-2005-7,IQVA #2052281 Page 1 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-15. 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 8-10. 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, Conclusions and Recommendation City of Kent Hearing Examiner Meridian Banks, Part III, Rezone RZ-2005-7, KIVA #2052281 Page 2 of 10 Testimony: 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.4 Exhibit C-1; Exhibit CK-64 January 18, 2006, Staff Report, pages 1 —2. Z 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-15.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 Decision of Hearing Examiner, Meridian Banks Preliminary Plat File No.SU-2005-11, KIVA# RPP3-2053169. 4 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,IQVA'#2052281 Page 3 of 10 2. The City of Kent (City) determined the rezone application was complete on August 11, 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-1 6; 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 Heim 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-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 8-10. 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 8-10. 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 1996 as part of the Meridian Annexation (Ordinance No. 3241). Based on existing land uses at the time of annexation, the property 5 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 III, Rezone RZ-2005--7,ICTVA #2052281 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 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/277th Street corridor, providing improved roadway connectivity and freeway access. The 116th Avenue SE and Kent- Kangley Road intersection and a portion of 116th Avenue SE, south of SE 256th 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.7 A 6.3 acre parcel of land within the SR-4.5 zoning district rcould be developed with 28 lots.$ 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 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, laVA #2052281 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. 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 e 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 6 of 10 — 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 135t' 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 135t' Avenue SE between SE 258t' 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 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. 1 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-15B, 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, IQVA #2052281 Page 7 of 10 rezone moratorium. Traffic impacts would be mitigated through compliance 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-5; Exhibit CK-38; Exhibit CK-39; Exhibit CK-43; 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, KTVA #2052281 Page 8 of 10 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, 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 258t' Street and paying a traffic mitigation fee. The Applicants would construct sidewalks along the east side of 135t' Avenue SE between SE 258t' Street and SE 25& 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, 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" /277"' 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 116th Avenue SE and Kent-Kangley Road, and a portion of 116t' 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 135t' Lane SE, in Kent, Washington, be GRANTED without conditions. DATED this day 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, IQVA #2052281 Page 10 of 10 COMMUNITY DEVELOPMENT Fred N. Satterstrom,Director PLANNING SERVICES Charlene Anderson,AICP,Manager KENT W A S H I N O 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 256t' 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 I. 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 The subject property is located at 25840 135t' Lane SE and is identified by King County Tax Parcel number 2722059164. Staff Report Meridian Banks Rezone #RZ-2005-7 KIVA #2052281 C. Size of Properly 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 RI-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 #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. II. 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 135th Avenue SE and SE 258ti' 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 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 P P 9 P tY Comprehensive Plan. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Page 4 of 11 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. 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 l 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. i 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 132"d at both SE 240" 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 t 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 City's Public Works Department will identify specific improvements which will be Page 8 of 11 Staff Report Meridian Banks Rezone #RZ-2005-7 KNA #2052281 necessary along the 135t' Avenue SE and the SE 25e 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 Ma designates the subject roe as P P 9 ] property�Y 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 r 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"d/277th 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 272"d/277th Street Corridor. S. 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 a e „go SOME ..... +� .... /. .r►u` 1 , "Y' �,.�� an-.am 'aw�;no, - mot"-.._� _ �' � •-_ �'/ �] r ig Ile alit �e/ / s 0;1 ce N �+ nuvoRl Z r U 7tuvmn . 1 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES KENT Charlene Anderson,AICP, Manager W A s H I N O 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 256" 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\2052281-2005-7ttaff memo.doc K� 9TW�$MIN OTO CITY OF KENT MITIGATED DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No.#ENV-2005-57 Project MERIDIAN BANKS SUBDMSION #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`h 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`h Street. The address is 25840 135t"Lane SE and the property is Identified by King County tax parcel number 2722059164. Applicant Ted Nixon CNA Architects 10715 SE 256'"Street Kent,WA.98030 Lead Agency CITY OF KENT The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement(EIS)Is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency.This information is available to the public on request. There is no comment period for this DNS. X This MONS 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 11680. Comments must be submitted by February 2,2007, Responsible Official Kim Marousek,AICP Position/Title SEPA OFFICIAL Address 220 S. Fourth Avenue,Ke 32 e e one_(253)856-5454 Dated January 19.2007 Signww APPEAL PROCESS: AN APPEAL OF A DETERMINATIO F NONSIGNIFICANCE(DNS)MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN(14)FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520. 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 r, be at or below City standards due to the increased traffic volumes reasonably expected from the development, and all adjacent:,treets at or above the '// C ratios established for that Mobility Managernenc 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 KIVA 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 277d'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 Anal 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 277d' 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%of the overall 1--,fight may be perm-ssible and are SLbject to rcvi,w 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\Plan\Env\2005\2053168mdns.doc 2of3 Mitigated DNS Meridian Banks Subdivision&Rezone #ENV-2005-57 KIVA RPSA#2053168 CERTIFICATE OF POSTING I,Kim Marousek,Responsible Official under the Washington Administrative Cade(WAC)Chapter 197-11-788 and 910, and Kent City Code Chapter 11.03.410 do he eby declare tha•the Determination of Nonsignificance,as described in this public notice, was duly posted or( by a member of Kent Planning Services,on or near the site described thefein. ' - ' AC:2 Kim u ,AICP,Response a fici 3of3 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 SUBDIVISION AND REZONE #ENV-2005-57 (KIVA#RPSA-2053168) Responsible Official: Kim Marousek, AICP Prepared by: Lydia Moorehead I. PROPOSAL 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 258th 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. The site is located on the northern shore of Lake Meridian south of 258th Street. The address is 25840 135th Lane SE and the 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 Chapter 11.03 and 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA#2053168 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. III. ENVIRONMENTAL ELEMENTS A. Earth , The site slopes down to Lake Meridian and varies from a five percent slope on the upper portion of the site to a 12 percent slope near the shore of Lake Meridian. Soils are described as sandy loam and glacial till. The applicant states that fill will be necessary for the construction of the road and curb base and excavation will be necessary for the construction of the storm water detention vault. Construction activities on this site will result in increased potential for erosion. The applicant will provide temporary erosion control measures such as drainage ditches, silt control fences, and temporary storm drainage facilities in accordance with City of Kent standards. The Community Design Element of the Kent Comprehensive Plan contains goals and policies that encourage low impact development and environmental sensitivity in the design of all projects. The grading of the site should be done within the existing contours as much as possible, minimizing the need for retaining walls. Furthermore, low impact development techniques promote the protection of existing site vegetation, reduce infrastructure and utility maintenance costs (streets, curbs, gutters, sidewalks, storm sewer), and potentially decrease the impacts and costs of land clearing and grading. Also, low impact development has the potential to reduce costs for site development improvements such as streets, utilities and storm water management systems. The Applicant shall be required to submit and receive approval of a Detailed Grading Plan from the Department of Public Works for the entire development. These Plans will be required to meet the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. These plans shall include provisions for utilities, roadways, retention / detention ponds / facilities, stormwater treatment facilities, and a building footpad for each building. These plans shall also be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. The Applicant shall be required to submit and receive approval of a Temporary Erosion / Sedimentation Control Plan meeting the requirements of the Cily of Kent Construction Standards from the Department of Public Works for the entire development. These plans shall be required to reflect the Detailed Grading Plan discussed above and the Detailed Tree Plan meeting the requirements of City of Kent Development Assistance Brochure #3, Detailed Tree Plans, approved by Planning Services. B. Air Emissions and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. Erosion control measures will reduce temporary air quality impacts. Page 2 of 10 Decision document Meridian Banks Subdivision &Rezone 4ENV-2005-57 KIVA RPSA 42053118 C. Water On site storm water runoff will primarily be generated from roadways, residential structures, landscaping and associated driveways. Stormwater will be collected in catch basins within the roadways and/or tight-lined from residential rooftops and conveyed to a proposed detention and water quality facility located on the western portion of the site. All runoff will be conveyed into the stormwater system, detained, treated for water quality and discharged to Lake Meridian or its adjacent wetlands. The City has reviewed a technical information report and preliminary stormwater detention and treatment plans for the proposal and has found them to be consistent with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual. In addition, the applicant has received conditional approval of a stormwater detention vault for the detention and treatment of stormwater from the site and for treatment of upstream stormwater that currently is not treated for water quality. The Community Design Element of the Kent Comprehensive Plan contains goals and policies that encourage low impact development and environmental, sensitivity in the design of all projects. Utilization of low impact development techniques (LID) promotes an innovative approach to storm water management with a basic principle that rainfall is managed at the source using more natural decentralized controls than a typical conveyance and treatment system. Typically, LID addresses storm water through small, cost-effective landscape features located at the lot level. This includes not only open space, but also rooftops, streetscapes, sidewalks, and medians. The Applicant shall be required to complete a full drainage analysis and develop and submit drainage plans according to the"2002 City of Kent Surface Water Design Manual"and the"1998 King County Surface Water Design Manual." The proposed project is located in the Lake Meridian watershed, which flows into the Green River via Soos Creek and the Lake Meridian outlet. The site is located on the northern shore of Lake Meridian, which is a shoreline of statewide significance. The project may require improvements within 200 feet of Lake Meridian and must comply with the Kent Shoreline Master Program at such time that substantial development is proposed within the 200 foot shoreline area. During the progress of the applicant's project, the City has revised its critical area ordinance, which is codified in Chapter 11.06 of the Kent City Code. Ordinance No. 3746 was passed on April 19, 2005. Provisions in Ordinance No. 3746 regarding wetland categorization and wetland buffer widths were revised by Ordinance No. 3805, which was passed on August 15, 2006. A Notice of Completeness was issued for the plat application on September 23, 2005. Per Section 12.01.105 and 12.01.100 Kent City Code, the project vested to Ordinance 3746, which was in effect on the date the applicant submitted a complete application. References to Chapter 11.06 Kent City Code are to the provisions in Ordinance No. 3746. Page 3 of 10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA#2053168 This site contains a category 2 wetland as defined by Chapter 11.06 Kent City Code, which extends off-site to the east and west. The exact size of the wetland is unknown (as a survey of the wetland has not been completed), but it appears to be greater than 1 acre. The wetland extends along the entire lake frontage of the property, and extends out into a portion of the lake. The wetland shall be protected in accordance with Chapter 11.06 Kent City Code, including recording a sensitive area easement or deeding the property to the city for preservation of wetland function and values. The applicant submitted a Wetland Delineation Report dated May 24, 2006, which Environmental Engineering Staff did not agree with. The wetland category (Category 2) and the north wetland boundary were confirmed by the City, but the wetland boundary needed to be extended to the south to include emergent and aquatic bed wetland areas in the lake. A comment letter from Erin Fehringer, dated July 19, 2006 requested changes to the report. The applicant submitted a second Wetland Delineation Report by a different biologist, dated September 25, 2006. This report rated the wetland as a Category 3, and while the wetland areas in the lake were added, the landward wetland boundary was moved south from where staff believed it to be. A comment letter dated November 17, 2006 asked for report revisions, and included a sketch of the correct wetland boundaries as determined by the City. The applicant chose not to submit the revised Wetland Delineation Report as requested, and instead submitted a letter dated November 9, 2006 from an attorney stating that the subject parcel is exempt from the Critical Areas Ordinance due to "existing/grandfathered uses and improvements." The proposed plat layout was never revised by the applicant to show the regulated wetland and associated wetland buffers per the requirements of Chapter 11.06 Kent City Code. Based on these circumstances, the information previously submitted by the applicant, and staff analysis Environmental Engineering Staff has determined that the applicant is not in compliance with Chapter 11.06 Kent City Code. Please refer to Erin Fehringer's November 17, 2006 letter with attached wetland sketch for the staff wetland determination. Pursuant to WAC 197-11-600 the City incorporates by reference Wetland File Number 05-26. For the purposes of SEPA review, and pursuant to WAC 197-11-335 staff relied on the following information to make its determination regarding the wetland category and boundaries: 1) Site visits conducted on November 8, 2006, July 12, 2006 and October 31, 2006 by Erin Fehnnger, Environmental Engineer for the City and Teresa Vanderburg, Director of Natural Sciences for ESA Adolfson, the City's wetland consultant. 2) Data sheets completed by Teresa Vanderburg for Data Plots A & B, dated July 12, 2006. Page 4 of 10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KNA RPSA 420531611 3) Review letters from Teresa Vanderburg dated December 5, 2005, July 19, 2006 and November 8, 2006, summarizing site visits and peer review of the two Wetland Delineation Reports. i 4) 2002 and 2006 aerial photos c1 5) The Washington State Wetland Identification & Delineation Manual 6) Classification of Wetlands and Deepwater Habitats of the United States (USFWS, December 1979, Cowardin, et al.) 7) Meridian Banks—Supplemental Wetland Assessment Information (Habitat Technologies, September 25, 2006) 8) Critical Areas Assessment and Delineation — Meridian Banks Subdivision (Chad Armour, LLC, May 24, 2006) 9) Kent City Code Chapter 11.06 (Ordinance No. 3746) D. Plants Deciduous and evergreen trees as well as grass, shrubs and various wetland plants have been identified on the subject site and within the Lake area adjacent to the site. The Applicant shall be required to submit and receive approval of a Landscape Plan meeting the requirements of the City of Kent Construction Standards, and the landscape requirements for retention / detention ponds in the City of Kent and King County Surface Water Design Manuals. Both the Kent Planning Services and the Department of Public Works must approve these plans prior to, or in conjunction with, the approval of the Engineering Plans. 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, deep, osprey, snails, and coyotes. The nearest known eagles nest is located approximately 1 mile south of the site. The site is within an eagle habitat area. F. Environmental Health The City has received information from a neighboring property owner that a private well exists adjacent to the site. In order to determine if any restrictions associated with the private well apply to the site, the well must be located on a survey and coordination between the applicant and the King County Health Department regarding appropriate measures for well protection, if any, should occur. Page 5 of 10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA #2053168 G. Land and Shoreline Use The site is adjacent to Lake Meridian, which is a shoreline of statewide significance and is designated Urban — Lake Residential in the City's Shoreline Master Program. Any development within the shoreline area will be required to meet the standards set forth in the Kent 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 contains 18 cabins, one single family home, several out- buildings and a dock. Adjacent property to the north and east are developed with single family homes. Property to the west is developed with a mobile home park and the lake borders the property to the south. As part of this proposal, the applicant is requesting approval for a rezone of the , entire site from SR-4.5, Single Family Residential to SR-6, Single Family Residential. This request is consistent with the City of Kent Comprehensive Plan designation of this site as SF-6. Surrounding properties to the north and east are zoned SR-4.5 and designated SF-6 on the City's Comprehensive Plan map. Property directly to the west is zoned MHP, Mobile Home Park and MHP on the City's Comprehensive Plan Map. H. Housing The existing home, 18 low-income cabins and accessory buildings will be removed in conjunction with activities on the site. The proposed subdivision would create 27 high-income single family housing units. I. Transportation The Washington State Legislature created the Commute Trip Reduction (CTR) Law in 1991 with the goals of reducing traffic congestion, air pollution and petroleum consumption. This law requires major employers to encourage their employees to use commute alternatives such as transit, carpools, bicycles, walking; compressed work weeks, telecommuting, and flexible work schedules to reduce drive alone commute trips during the peak congestion periods. The City addresses the transit alternative by requiring that the Applicant accommodate the needs for transit as expressed by King County Metro Transit. This development will add an estimated 90 daily and 9 PM peak hour trips to the local street system. This development will cause significant and/or additional congestion at the following intersections: Southeast 256th Street at 132"d Avenue Southeast Southeast 256th Street at 124th Avenue Southeast Southeast 256th Street at 116th Avenue Southeast 116th Avenue Southeast at Kent Kangley Road/ SR-516 132"d Avenue Southeast at Kent Kangley Road / SR-516 The proposed development project is located within the Meridian Annexation area of the City and will take its primary access from 135th Avenue Southeast. This first public street has an existing public right-of-way width of about 60-feet, Page 6of10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA 112053168 while the asphalt street width is currently about 22 to 24 feet wide. The existing street provides for two narrow lanes of traffic, but does not include the following � other improvements: cement concrete curbs & gutters; stormwater drainage system; cement concrete sidewalks; nor a street lighting system. A second public street having frontage along the subject development is Southeast 258th Street, and this street has an existing public right-of-way width of about 60-feet, while the asphalt street width is currently about 26-feet wide. The existing street provides for two narrow lanes of traffic, and does not include the following other improvements: cement concrete curbs &gutters; stormwater drainage system; cement concrete sidewalks; nor a street lighting system. The existing asphalt pavement section of these public streets is inadequate to provide an expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. Streets and roadways, which do not provide adequate capacity for motor vehicles, and streets that have failing pavement sections, result in increased air pollution when compared to streets that comply with current standards and provide adequate capacity and pavement section. Similarly, intersections that do not provide for adequate capacity also increase the levels of air pollution. 135th Avenue Southeast is classified as a Residential Street within the City's Comprehensive Plan, which will require: a minimum of 50-feet of public right-of- way; a 28-foot wide asphalt roadway with two traffic lanes; cement concrete ' curbs & gutters, a 5-foot wide planter strip, and 5-foot wide cement concrete sidewalks on both sides of the street; a stormwater drainage system; a City- approved street lighting system; public utilities, and other street appurtenances when fully improved. Southeast 258th Street is classified as a Residential Street within the City's Comprehensive Plan, which will require: a minimum of 50-feet of public right-of- way; a 28-foot wide asphalt roadway with two traffic lanes; cement concrete curbs & gutters, a 5-foot wide planter strip, and 5-foot wide cement concrete sidewalks on both sides of the street; a stormwater drainage system; a City- approved street lighting system; public utilities, and other street appurtenances when fully improved. This development is within an area that is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks / walkways to provide safe travel for school-age pedestrians to and from Meridian Elementary School. IV. SUMMARY AND RECOMMENDATION A. It is appropriate, per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this Page 7 of 10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA#2053168 proposal. Supporting documents for the following conditions and mitigating t 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 Plan, Green River Valley Transportation action ' plan and current Six-Year Transportation Improvement Plan. 5. Kent City Code Section 7.09, Wastewater Facilities Plan. 6. City of Kent Comprehensive Water Plan and Conservation Element. 7. Kent City Code Section 6.02, Required Public Improvements. 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 Section 12.06, Recreation Vehicle Parks. 12. Kent City Code Section 8.05, Noise Control. 13. City of Kent International Building and Fire Codes 14. Kent City Code Section 15, Kent Zoning Code. 15. Kent City Code Section 7.13, Water Shortage and Emergency Regulations, and Water Conservation Ordinance 2227. 16. Kent City Code Section 6.03, Improvement Plan Approval and Inspection Fees. 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 Chapter 11.06, Critical Areas, Ordinance #3746. B. It is recommended that a Mitigated Determination of Non-Significance (MDNS) be issued for this project with the following conditions: 1. The Applicant shall provide a Traffic Impact Study (TIS) to identify the existing and future level-of-service (LOS) for the adjacent intersections identified in the Staff Report for this development and the existing and future V / C ratios for the adjacent City streets in the roadway network. The TIS shall specifically identify all intersections and streets currently at or below City standards, or estimated to be at or below City standards due to the increased traffic volumes reasonably expected from the development; and all adjacent streets at or above the V / C ratios established for that Mobility Management Zone. The TIS shall then identify what improvements are necessary to provide a LOS better than or equal to City standards for all intersections to completely mitigate the existing and/or development impacts thereon. The TIS shall also identify what improvements are necessary to completely mitigate the adjacent streets which do not meet the V / C requirements of Chapter 12.11 of the Kent City Code. Upon agreement by the City with the findings of the TIS and of the mitigation measures Page 8of10 , Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA#2053168 irecommended 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 tIn 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 272"d Street / South 277th Street Corridor Project. The minimum benefit to the Owner/ Subdivider is estimated at $8,544 (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 8 new PM Peak Hour Trips (at the half-rate of $1068 per Peak Hour Trip) and the capacity of the South 272"d Street / South 277th Street Corridor. a. The final benefit value will be determined based upon the number of new PM peak hour trips multiplied by $1068 (in 1986 dollars and adjusted for inflation as described above). Credit was given for the 19 existing residential units. ' 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 $8,544 / 27 = $317 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 277th Street / South 272"d Street Corridor which is providing additional capacity for traffic volumes within the area of the above mentioned development. 2. The 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 258th 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 ' Page 9 of 10 Decision document Meridian Banks Subdivision &Rezone #ENV-2005-57 KIVA RPSA#2053168 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 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 up to 10% of the overall height may be permissible and are subject to review and approval by Planning Services and Public Works. Retaining walls associated with construction of the public streets along the frontage of the property are exempt from the height limits described herein. ■ Grading to achieve flat building lots shall be minimized. KENT PLANNING SERVICES January 19, 2007 LM:jm\\S:\Permit\Plan\Env\2005\2053168staffreport.doc i a Page 10 of 10 ' REPORTS FROM STANDING COMMITTEES AND STAFF ' A. COUNCIL PRESIDENT IB. MAYOR C. OPERATIONS COMMITTEE ' D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 Page 1 1 K City of Kent ENT Parks and Human Services Committee Meeting ' WASHINGTON Minutes of May 15, 2008 Call to Order: Debbie Ranniger called the meeting to order at 5:02 p.m. Council Present: Chair Debbie Ranniger, Ron Harmon, Elizabeth Albertson was absent Item #1 Meeting Minutes Dated April 17, 2008 Ron Harmon moved to approve the minutes of April 17, 2008. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #2 King County Grant Agreement for Safe Havens Services — Authorize Katherin Johnson, Manager of Housing and Human Services reported that the King County Grant funds for $75,000.00 would to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will pay for personnel costs, rent, utilities and supplies. Katherin wanted to share that Julia Patterson was a great supporter of Safe Havens and was an integral part of this grant award. Ron Harmon suggested sending a thank you letter in appreciation of her support. Ron Harmon moved to recommend authorizing the Mayor to sign the grant agreement for $75,000.00 with King County Domestic Violence to fund Safe Havens services, and approving the expenditure of funds in the Safe Havens ' budget. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #3 Skyhawks Sports Academy Agreement - Authorize Lori Hogan, Superintendent of Recreation and Cultural Programs explained that ' the agreement was re-designed to have staff from Skyhawks Sports Academy supervise and instruct all participants who register the sports camps offered by Kent Parks, Recreation and Community Services Department instead of city staff. The Skyhawks will collect directly from camp participants and remit to the city at $16.00 per participant for each of the Soccer, Baseball, Basketball, and Flag Football Camps, and $14.00 per paid participant for the Mini Hawks Camp. The Skyhawks will remain solely responsible for remitting all applicable sales tax, if any, to the state. The Skyhawks will submit an itemized invoice of each camp participant and payment, along with transmittal of the city's portion of the registration and camp fees. Page 2 Ron Harmon moved to recommend authorizing the Mayor to sign the agreement with Skyhawks Sports Academy to provide summer sports camps for the City of Kent. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #4 Lease Program with Yamaha Motor Corporation for Golf Carts at Riverbend Golf Complex - Authorize Jeff Watling, Director of Parks, Recreation and Community Services reported that the city has an existing Master Lease Agreement with Yamaha Motor Corporation for a fleet of 74 golf carts at Riverbend. Under that agreement, we have two lease programs. This new term of 40-months would coincide with the expiration of the , second lease program. Each year the Golf Complex generates approximately $175,000.00 in revenue from golf cart rentals. These funds will cover the monthly lease payments over the term of the program. ' Ron Harmon questioned the reason for executing a new lease for gas carts. This restricts us from purchasing electric carts and the move toward energy savings and solar powered carts. Ron also questioned why the same number of carts is necessary this year - especially with construction potentially slowing down rounds at the course. The number of rounds and cart rentals are bound to decrease with ' the upcoming levee project and construction on the course and nearby Green River Trail. Jeff explained that the amount of carts is essential to accommodate the golfers through the busy summer season. At this point, the course will be open during construction and the busy summer months when cart use is the highest. The transition to electric carts and power by solar energy remain the ultimate goal. The city must first pull in additional power to the site and complete upgrading to the cart barn to handle the electric cart charges. The expense is prohibitive at this ' time. Ron asked staff to review and amend the agreement to reflect these options. Jeff agreed to discuss these issues with the Yamaha Corporation. Ron Harmon moved to recommend authorizing the Mayor to sign the equipment , schedule with Yamaha Motor Corporation, U.S.A. in the amount of $155,917.44 to lease 50 golf carts, subject to final terms and conditions acceptable to the City Attorney. Debbie Ranniger seconded and the motion passed 3-0, with Elizabeth Albertson's concurrence. Item #5 What's Happening ' Washington Recreation and Parks Association (WRPA) - 2008 Conference Awards for Kent Parks, Recreation and Community Services Lori Flemm, Superintendent of Parks and Open Space received the Citation of Merit for Distinguished Service Award, Parks Planner, Shane Gilbertson won the ' Distinguished Service Award - Parks Resource Section, and Arbor Heights 360 Park won the Spotlight Sports Complex. The awards will be recognized at the May 20, City Council Meeting. , Parks and Human Services Committee Page 2 Minutes of May 15, 2008 Page 3 1 1 Phoenix Academy. The first year of this popular program is almost complete. Staff is currently completing an evaluation. Staff will present a report at the Parks and Community Services Committee meeting in June. tOld Fishing Hole Event. Saturday, June 17 at 6:30 a.m. Sponsored by Kent Rotary Club. The event is sold out, with 150 participants. ' National Trails Day is June 7, at Lake Fenwick from 9:00 a.m. to noon. Contact Victoria Andrews at 253.856.5713 to volunteer. Parks Construction/Renovation Projects West Fenwick Park renovation scheduled to finish in June. The project includes a new restroom, picnic shelter, storage, full court basketball with a new plaza entry. Town Square Plaza Update. The restroom portion of the project is nearing completion. The fountain is going through tests to pass UL regulations. Project completion is scheduled for June 7. This date coincides with the first day of the 1 Farmer's Market season. The granite ball is being polished and the base of the structure will be polished next. The water feature will be ready for installation the first week of June. City staff is coordinating the Mayor's Healthy Communities ' Initiative kick off with the grand opening of Town Square Plaza for the same day in June. Kaibara Park Pond Leaking. Park Maintenance crew are making all the necessary patches and repairs to the leaking pond at Kaibara Park. The park will be closed during some of the repair work. Completion is set for the first of June. ' The meeting adjourned at 5:31 p.m. Respectfully ubmitted, 1 Teri Petrole Committee Council Secretary r Parks and Human Services Committee Page 3 Minutes of May 1.1, 2008 1 PUBLIC WORKS COMMITTEE MINUTES FOR MAY 19, 2008 Committee Members Present: Committee Chair Deborah Ranniger and Committee Members Harmon were present. Committee member Raplee was absent. The meeting was called to order at 5:02 p.m. ITEM 1 — Approval of the Minutes Dated May 5, 2008: ' Committee Member Harmon moved to approve the minutes of May 5, 2008. The motion was seconded by Ranniger and passed 3-0 with Raplee's concurrence. ITEM 2 — Payment of Union Pacific Railroad (UPRR) Invoice for Willis Street Railroad Crossing Improvements: Tim LaPorte, Deputy Public Works Director explained that in June of 2003 the City entered into an agreement with Union Pacific Railroad (UPRR) to upgrade the Willis Street railroad signal equipment to detect trains with sufficient advance warning to allow preemption of the 741h Avenue S. traffic signal. The traffic signal was installed under LID 329 with costs of the project, including Union Pacific Railroad's costs, to be assessed to property owners along 74th Avenue S (see attached map). The cost to the City for this work was estimated by UPRR at $187,795. In November of 2003 UPRR notified the City that there was a flaw in the original estimate and revised the estimate to $324,355. The final amount invoiced is $445,355. In keeping with the original agreement the City paid the original estimated amount, with the remaining $257,560 being disputed. It was determined that the city is required to pay the actual costs. In final review of all information pertaining to this project, Public Works recommends paying the remaining $257,560. Harmon moved to authorize the Public Works Department to pay the ioutstanding balance of $257,560 on the Union Pacific Railroad invoice for railroad circuitry upgrades related to the 741h Avenue South at Willis Street traffic signal installation. The motion was seconded by Ranniger and passed 3-0, with Raplee's concurrence. ITEM 3 — Information Only/Commute Trip Reduction/Diamond Awards: Larry Blanchard, Public Works Director introduced Monica Whitman, Commute Trip Reduction Coordinator, who presented an informational PowerPoint Presentation highlighting the local CTR Diamond Award Winners. The Diamond Awards honor King County businesses and their employees for outstanding efforts towards reducing commute trips. This is the 151h year of the program, now administered by EnterpriseSeattle. Page 1 of 2 2 PUBLIC WORKS COMMITTEE MINUTES FOR MAY 19, 2008 This year Commuter challenge recognized three local businesses as Diamond Award winners, REI, Boeing Employees Credit Union and Hytek Finishes. Information Only/No Motion Required ITEM 4 — Information Only/American Water Works Association (AWWA) , Pacific Northwest Section/Excellence in Communication & Conservation Award: Brad Lake, Water Superintendent introduced Sean Bauer, Water Quality Supervisor. Sean explained that the award was sought after by other districts of our size in Washington, Idaho and Oregon. He noted that the Water Quality Report is the City's way of telling our water story. Information Only/No Motion Required ITEM 5 — Washington Quality Award (WSOA) — Achievement Award ' presented to PW Operations: Larry Blanchard, Deputy Public Works Director, introduced Don Millett, Public Works Operations Manager and congratulated him and his department and the great work they do. Don explained that this is the 3rd Award the Operations section has received from WSQA. The judges looked at how well their processes are tracked noted that many organizations do not track comparative data like the City of Kent does. Don further explained the details of the award. Information Only/No Motion Required ITEM 6 — Information Only/2008 Public Works Work Plan: Tim LaPorte, Deputy Public Works Director and Don Millett, Operations Manager gave an informational PowerPoint Presentation on the 2008 Public Works Work Plan. Information Only/No Motion Required Adiourned: The meeting was adjourned at 6:00 p.m. Cheryl Viseth Public Works Committee Secretary Page 2of2 1 CONTINUED COMMUNICATIONS A. `A 1,/l4"Yi i (/!'l EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION i 1 I 1