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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/20/2010 CITY OF KENT City Council Meeting d 9 enda s91. April 20,, 2010 Mayor Suzette Cooke a Jamie Perry,Council President • Councilmembers Elizabeth Albertson Ron Harmon �r Dennis Higgins Deborah Ranniger Debbie Raplee �• W ASXINGTON t Les Thomas CITY CLERK .n.wwi3s KENT CITY COUNCIL AGENDAS KENT April 20, 2010 Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Witham 10 minutes 2. 2009-2010 Budget Updates John Hodgson, Bob Nachlinger 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Appointees D. Public Safety Report E. Legislative Update 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Countywide Planning Policies, Amendments, Allocation of Regional Service and Facilities, and Growth Targets Resolution - Adopt D. Meridian Valley Creek Design Consultant Agreement - Authorize E. Safe Routes to School Grant - Authorize F. Federal Grant Funding for East Valley Highway Improvements - Authorize (Continued) 1 COUNCIL MEETING AGENDA CONTINUED G. Union Pacific Railroad Agreement for James Street Crossing - Authorize H. Appointments to the Kent Arts Commission - Confirm I. Appointments to Lodging Tax Advisory Committee - Confirm J. Washington Traffic Safety Commission Grant - Accept K. 212`h Street Warehouse Bill of Sale - Accept 7. OTHER BUSINESS A. Verdana (aka Bridges) Revised Request for Major Modification to Previously Approved Planned Unit Development (Quasi-Judicial) B. Resolution Urging Award of the Mid-Air Refueling Tanker Contract to The Boeing Company 8. BIDS A. East Hill Operations Center Phase II On-Site Utilities, Schedule A, Project - Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Labor Negotiations 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS 1 A) PUBLIC RECOGNITION IB) COMMUNITY EVENTS rC) INTRODUCTION OF APPOINTEES jD) PUBLIC SAFETY REPORT E) LEGISLATIVE UPDATE i I l i T 1 Kent City Council Meeting Date April 20, 2010 Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 6, 2010. 6B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15, after auditing by the Operations Committee on April 6, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/10 Wire Transfers 4079-4099 $2,553,664.52 3/15/10 Regular Checks 641182-641566 962,979.40 Void Checks 64133 (740 00) Use Tax Payable 2,454 27 $3,518,358.19 Approval of payment of the bills received through March 31 and paid on March 31, after auditing by the Operations Committee on April 6, 2010. Approval of checks issued for Vouchers: Date Document Numbers Amount 03/31/10 Wire Transfers 4100-4114 $1,672,410.00 03/31/10 Regular Checks 641567-641993 3,014,586.77 Void Checks 641579 (200.00) Use Tax Payable 706 19 $4,687,502.96 (Continued on back) 6B. A[ oroval of Bills. Approval of checks issued for payroll for March 1 through March 15 and paid on March 19, 2010: Date Document Numbers Amount 3/19/10 Checks 316824-317049 $ 162,964.46 3/19/10 Advices 264357-265130 1,585,383.78 $1,748,348.24 Interim Pay ' 3/19/10 Check 317050 $187 80 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2010: Date Document Numbers Amount ' 4/5/10 Checks 316824-317049 $ 162,964.46 4/5/10 Advices 264357-265130 1,585,383 78 $1,748,348.24 Interim Pay 4/6/10 Check 317316 $1,097.97 4/5/10 Voided 317058 ($845.89) i 1 i Kent City Council Meeting KENT NPSIYINGTO V April 6, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present. Albertson, Harmon, Higgins, Perry, t Ranniger, and Raplee Councilmember Thomas was excused from the meeting. s (CFN-198) I CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Public Communications Item F and Consent Calendar Item N were added to the agenda by Administration. B. From the Public. (CFN-198) There were no changes to the agenda from the public. IPUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced upcoming Spotlight Series events, and Raplee announced upcoming events at the ShoWare Center. Division Chief Marzano explained the Code Red Test of the community emergency notification system which will be held at 10:00 a m on April 20. ' C. Proclamation — Records and Information Management Month. (CFN-155) Mayor Cooke noted that management of records and information is critical and that the City's Records Administrator Sue Hanson processed over 1,400 requests for public records in 2009 She read a proclamation declaring April 2010 as Records and Information Month in the City of Kent, and presented it to Ms. Hanson with thanks for her professionalism rD. Proclamation — Earth Day. (CFN-155) Mayor Cooke noted that 2010 is the 401h anniversary of Earth Day and read a proclamation encouraging all residents to reduce, reuse and recycle, and to ]oin the environmental restoration effects at Earthworks Park. A proclamation declaring April 17 as Earth Day in Kent was presented to Victoria Andrews of the Parks Department. E. Legislative Update. (CFN-198) Mayor Cooke noted that the Legislature is still in session. jADDED ITEM F. Proclamation — Arbor Day. (CFN-198) Mayor Cooke read a proclamation declaring April 24, 2010, as Arbor Day in the City of Kent, and Victoria Andrews explained volunteer opportunities available that day. CONSENT CALENDAR Council President Perry moved to approve Consent Calendar Items A through N. Ranniger seconded. After City Attorney Brubaker clarified that the ordinance in ' Item C allows continuation of the existing social card game establishment in its current location only, the motion to adopt the Consent Calendar carried. 1 Kent City Council Minutes April 6, 2010 A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of March 16, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 16, 2010, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 2/18/10 Wire Transfers 4064-4078 $1,355,540.89 2/18/10 Regular Checks 640712-641181 2,726,285.83 Use Tax Payable 338.85 $4,082,165.57 Checks issued for payroll for February 16 through February 28 and paid on January 20, 2010, were approved: Date Check Numbers Amount 3/5/10 Checks 316601-316823 $ 162,006.01 3/5/10 Advices 263585-264356 1,579,205 05 $1,741,211.06 C. Grandfatherin4 of Social Card Game Establishments Ordinance. (CFN-1309,175) City Code prohibits social card games within the city limits. Recent legislation allows licensed house-banked social card game businesses to continue operating in newly annexed areas without Jeopardizing the city-wide prohibition of ' social card games. The proposed ordinance amends the City Code to implement this legislative option, and makes housekeeping amendments. Prior to approval of this item on the Consent Calendar, the City Attorney explained that the ordinance allows for continuation of the existing establishment at its current location only, and noted that any relocation would have to be outside Kent. The Great American Casino, which is located in the Panther Lake Annexation area, is a gambling establishment licensed by the State Gambling Commission to operate house-banked social card games, punchboards, and pull-tabs. Ordinance No. 3949, which amends Chapter 3.21 of the Kent City Code to allow "grandfathering" or continuation of state licensed house-banked social card game establishments to continue operating in newly annexed areas, and making other related changes to gambling tax rates and reporting requirements, was adopted. D. United Way of Kino County Homelessness Coordination Grant. (CFN-118) The Mayor was authorized to sign the United Way Grant Contract in the amount of $15,000 to fund coordination efforts in ending homelessness in South King County, and amendment of the budget and expenditure of funds in the Housing and Human Services budget were authorized. 2 Kent City Council Minutes April 6, 2010 E. Architectural Services Agreement for Centennial Building Tenant Improvements. (CFN-118) The Mayor was authorized to enter into an agreement with Broderick Architects for $29,800 to perform architectural services for the Centennial Building Tenant Improvement Projects. F. State Farm Youth Advisory Grant for Community Service Programs. (CFN-118) The Mayor was authorized to sign the State Farm Youth Advisory Grant Acknowledgement in the amount of $42,339 02 to fund community service programs, and amendment of the budget and expenditure of funds in the Adopt A Park budget were authorized. 1 G. Geotechnical Services Contract with GeoEngineers for Bridge. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with GeoEngineers, Inc. in the amount of $78,685, for geotechnical exploration, laboratory testing, and completing an engineering analysis and report for the S. 224`h Street/ SR 167 Bridge. H. Riverview Park Channel Construction Proiect, Partnership Agreement with U.S. Army Corps of Engineers. (CFN-1038) The Mayor was authorized to sign the Project Partnership Agreement between the City of Kent and the U.S. Army Corps of Engineers for the Riverview Park Channel Restoration Project. I. Garbage, Recycling, Yard & Food Waste Collection Negotiation Contract. (CFN-156) The Mayor was authorized to sign consultant agreements related to the Garbage, Recycling, Yard & Food Waste Collection contract, and increase the author- ized amount from $75,000 to a total of $105,000 or less, subject to agreement terms and conditions acceptable to the City Attorney and Public Works Director. J. Catera II, Bill of Sale. (CFN-484) The Bill of Sale for Catera II for 3 gate valves, 3 hydrants, and 603 linear feet of watermain; 4 sanitary sewer manhole and 553 linear feet of sanitary sewer line; 115 linear feet of new street; 1 storm sewer manhole, and 2 storm sewer catch basins was accepted. K. South Seattle Auto Auction, Bill of Sale. (CFN-484) The Bill of Sale for South Seattle Auto Auction for 3 gate valves, and 6 linear feet of watermain; 1 sanitary sewer manhole and 204 linear feet of sanitary sewer line; 655.06 linear feet of new street; 5 catch basins and 567.41 linear feet of storm sewer line was accepted. I L. Conco Fueling Facility, Bill of Sale. (CFN-484) The Bill of Sale for Conco Fueling Facility for 1 watermain gate valve and 440 linear feet of new street was accepted. M. Green River Levee Schedule 2A & 3A. (CFN-1318) The Green River Levee Schedule 2A & 3A Project was accepted as complete and release of retainage to Fardig Development, Inc., upon receipt of standard releases from the State and release of any liens was authorized. The original contract amount was $531,159.85. The final contract amount was $575,127.95. 3 Kent City Council Minutes April 6, 2010 ADDED ITEM N. Council Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Les Thomas was approved. OTHER BUSINESS A. Howard Hanson Dam Federal Funding Support. (CFN-1318) Public Works Director LaPorte noted that permanent repairs to the damaged Howard Hanson Dam have been estimated to take six years. He explained that the proposed resolution requests an appropriation of $44 million for interim grout work and related repairs to L the dam so that work can be completed prior to the next flood season, it also requests sufficient funds to provide for permanent repairs to the dam and requests that the repair work be made a priority. He noted for Perry that the temporary fix would last until the permanent repair. Raplee moved to adopt Resolution No. 1824 requesting the United States Congress appropriate sufficient funds to provide for interim and permanent repairs to the Howard Hanson Dam, and direct the Army Corps of Engineers to make the Howard Hanson Dam permanent repair a priority project. Harmon seconded. Higgins emphasized the importance of the cooperation of the Federal government. The motion then carried. REPORTS A. Council President. (CFN-198) Perry noted that the Council will be considering the proposed budget cuts over the next few weeks and that they can be contacted by phone or email with comments. B. Mayor. (CFN-198) Mayor Cooke reported on the King County Regional Transit Committee meeting she attended last week and said she will be attending a meeting next week on the King County Public Health request for Federal funds for programs to combat smoking and obesity. C. Operations Committee. (CFN-198) Perry noted that a decision on animal control must be made by the end of April, and that at the April 20th meeting people can comment on the 2010 budget. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be at 5:00 p.m. on April 15, and that there will be a Council discus- sion of the budget following that meeting at 6:00 p.m. E. Economic & Community Development Committee. (CFN-198) Perry said there will be a public hearing on annexation zoning this month, and that a fee defer- ral ordinance will be on the agenda as well. She also announced Kent City Council Town Hall Meetings to be held on April 21, 24 and 28 at three different locations. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on Tuesday, April 13. G. Public Works Committee. (CFN-198) No report was given. 4 Kent City Council Minutes April 6, 2010 H. Administration. (CFN-198) CAO Hodgson noted that information on animal control options will be provided to the Council as it is received. City Attorney Brubaker noted that there will be a quasi-Judicial issue on the next agenda and instructed Councilmembers on the matter. Hodgson then announced an Executive Session of fifteen minutes on a matter of potential litigation, with action expected when the meeting reconvenes EXECUTIVE SESSION The meeting recessed to Executive Session at 7:45 p.m. After extensions totaling 25 minutes, the Council reconvened at 8:25 p.m. ACTION AFTER EXECUTIVE SESSION A. Potential Litigation. (CFN-1298) City Attorney Brubaker explained that during the Executive Session the Council discussed the pros and cons of commencing foreclosure proceedings on the City's interest in the Municipal Lot Block. Perry moved to authorize the Mayor and the City Attorney to take all acts necessary to foreclose the City's Deed of Trust in the Springboard property. Albertson seconded. Harmon called for the question and the motion carried unanimously. ADJOURNMENT The meeting adjourned at 8:30 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 t Kent City Council Meeting Date April 20. 2010 >� Category Consent Calendar - 6C 1. SUBJECT: COUNTYWIDE PLANNING POLICIES, AMENDMENTS, ALLOCATION OF REGIONAL SERVICE AND FACILITIES, AND GROWTH TARGETS RESOLUTION - ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. ratifying the proposed amendments to the Countywide Planning Policies (CPP) approved under County Growth Management Planning Council Motion Nos. 09-1, and 09-2. ' The amendments adopt a work plan and schedule to address the policy framework for allocation of regional services and facilities and update existing policies and Table LU-1 to provide for housing and employment targets for the period 2006-2031. 3. EXHIBITS: Resolution and staff memo dated 4/6/10, with attachments r4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc.) i5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: t { RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, ratifying the King County Countywide Planning Policies adopted by the Metropolitan King County Council and approved under Growth Management Planning Council (GMPC) Motions No. 09-1 and 09-2 adopting a work plan and schedule to address the policy framework for allocation of regional services and facilities and updating existing policies and Table LU-1 to provide for housing and employment targets for the period 2006-2031. RECITALS A. The adoption of countywide planning policies is required under Ithe State Growth Management Act (GMA), pursuant to RCW 36 70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This framework ensures that city and county comprehensive plans are consistent. On January 25, 2010, the Metropolitan King County Council approved and ratified amendments that had been approved by the Growth IManagement Planning Council (GMPC) adopting a work plan and schedule to address the policy framework for allocation of regional services and facilities and updating existing policies and Table LU-1 to provide for housing and employment targets for the period 2006-2031. The 1 Countywide Planning Policy — Ratify amendments are now presented to Jurisdictions in King County for ratification. B. On January 25, 2010, the following GMPC motions to amend the CPPs were approved and ratified by the full County Council: 1. GMPC Motion No. 09-1: adopts a work plan and schedule to address the policy framework for allocation of regional services and facilities. 2. GMPC Motion No. 09-2: a. Updates existing policies to provide for housing and employment targets for the period 2006-2031; b. amends Table LU-1 related to growth targets. C. The County Council approved and ratified these amendments on behalf of King County pursuant to King County Ordinance No. 16747. The Kent Economic and Community Development Committee reviewed these amendments at its meeting on April 12, 2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: , RESOLUTION SECTION 1. - Amendment. The City of Kent, acting pursuant to the , interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Policies as adopted by the Metropolitan King County Council in King County Ordinance No. 16747, attached and incorporated hereto as Exhibit A. 2 Countywide Planning Policy - Ratify SECTION 2. - Public Inspection. The amendments to the Countywide Planning Policies adopted herein shall be filed with the City Clerk and placed in the economic and community development office so they are available for inspection by the public. r SECTION 3. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. rSECTION 5. - Corrections by City Clerk or Code Reviser. Upon r approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. ' SECTION 6. - Effective Date. This resolution shall take effect immediately upon its passge. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2010. r CONCURRED in by the Mayor of the City of Kent this day of 2010. r 3 Countywide Planning Policy - Ratify r 1 SUZETTE COOKE, MAYOR r ATTEST: r 1 BRENDA JACOBER, CITY CLERK r APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY r I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 2010. r BRENDA JACOBER, CITY CLERK ' 1 1 1 1 r 4 Countywide Planning Policy - Ratify r ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director KENT PLANNING DIVISION Fred N. Satterstrom, AICP, Director WAS INGTO4 Charlene Anderson, AICP, Manager Phone- 253-856-5454 Fax- 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 April 6, 2010 To: Chair Jamie Perry and Economic & Community Development Committee Members From: Charlene Anderson, AICP, Planning Manager ' Subject: Countywide Planning Policies - Amendment King County Council Ordinance No. 16747 MOTION: I move to recommend/not recommend to the full Council ratification of amendments to the Countywide Planning Policies approved under Growth Management Planning Council (GMPC) Motions No. 09-1 ' and 09-2 adopting a work plan and schedule to address the policy framework for allocation of regional services and facilities and updating existing policies and Table LU-1 to provide for housing and employment ' targets for the period 2006-2031. SUMMARY: The adoption of countywide planning policies is required under the State Growth Management Act (GMA), pursuant to RCW 36.70A.210. The Countywide Planning Policies (CPPs) provide a framework for Kent and other cities in King County to conduct planning under the requirements of GMA. This Lframework ensures that city and county comprehensive plans are consistent. On January 25, 2010, the Metropolitan King County Council approved and ratified amendments that had been approved by the Growth Management Planning Council ' (GMPC) adopting a work plan and schedule to address the policy framework for allocation of regional services and facilities and updating existing policies and Table LU-1 to provide for housing and employment targets for the period 2006-2031. Now the amendments are presented to Jurisdictions in King County for ratification. BUDGET IMPACT: None BACKGROUND: The City of Kent ratified the original CPPs on September 15, 1992, with Resolution No. 1326 and ratified Phase II amendments to the CPPs on November 16, 1994. Over the years, the City has ratified other proposed amendments. Through the Growth Management Planning Council (GMPC), Jurisdictions within King County work together to plan for economic and population growth in King County, including consideration of CPPs. tThe Countywide Planning Policies become effective when ratified by ordinance or resolution of at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the established Interlocal Agreement. A city will be deemed to have ratified the amendments to the CPPs unless the city takes legislative action to disapprove the amendments within 90 days of adoption by King County, which in this case is May 15, 2010. The following GMPC motions to amend the CPPs were approved and ratified by the full County Council on January 25, 2010. GMPC Motion No. 09-1: Adopts a work plan and schedule to address the policy framework for allocation of regional services and facilities. The goal of the work program is to update the Countywide Planning Policies (CPP) to ensure consistency with the Multi-County Planning Policies contained in Vrsron 2040, to ensure consistency with the State Growth Management Act, to reflect current terminology and relevant references, and to establish the policy framework for advancing the Regional Growth Strategy through prioritized allocation of regional services and policies while continuing to serve all communities in King County. (On March 17, 2010, the interjurisdictional staff team presented options to the Growth Management Planning Council as initial discussion for new CPP policy language that will prioritize regional service delivery in ways that promote the regional growth ' strategy.) GMPC Motion No. 09-2: Updates existing policies to provide for housing and employment targets for the period 2006-2031, and amends Table LU-1 related to growth targets. The policy language and targets are the same as were presented to the Economic & Community Development Committee on September 14, 2009. Staff will be available at the April 12th meeting to further discuss these ' amendments. CAlpm S�PermjtlPlan)COMP PLAN_AMENDMENTSl20101muntywideplannmgpolicies�cppecdc041210 doc M Enc 2/17/10 letter from etropolitan King County Council including Ordinance 16747 ' cc Ben Wolters, Economic&Community Development Director Fred N Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Planning Manager Project File"Misc" PEDC Meeting April 12, 2010 Page 2 of 2 t l� King County Metropolitan King County Council ' Anne Nons, Clerk of the Council King County Courthouse 516 Third Avenue, Room W1039 Seattle, WA 98104-3272 Tel: 206-296-1020 Fax 206-205-8165 TTY/TTD 206-296-1024 Email: anne noris@kmgcounty gov Web www kingcounty.gov/council/clerk February 17, 2010 The Honorable Suzette Cooke City of Kent 220-4th Avenue South Kent, WA 98032-5895 Dear Mayor Cooke: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County Countywide Planning Policies (CPP). On January 25, 2010, the Metropolitan King County Council approved and ratified the amendments on behalf of unincorporated King County. The Ordinances became effective February 14, 2010. Copies of the King County Council staff reports, ordinances and Growth Management Planning Council motions are enclosed to assist you in your review of these amendments. ' In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of ' the population of King County according to the interlocal agreement. A city will be deemed to have ratified the amendments to the CPP unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the ' amendments. Please note that the 90-day deadline for this amendment is Saturday, May 15, 2010. If you adopt any legislation relative to this action, please send a copy of the legislation by the close of business, Friday, May 14, 2010, to Anne Noris, Clerk of the Council, W1039 King County Courthouse, 516 Third Avenue, Seattle, WA 98104, anne.noris@kingcounty.gov. i If you have any questions about the amendments or ratification process, please ' contact Paul Reitenbach, Senior Policy Analyst, King County Department of Development and Environmental Services, at 206-296-6705, or Rick Bautista, Metropolitan King County Council Staff, at 206-296-0329 Thank you for your prompt attention to this matter Sincerely, Vpyyi�' / I I Bob Ferguson, Chair Dow Constantine Metropolitan King County Council King County Executive Enclosures cc: King County City Planning Directors Suburban Cities Association Paul Reitenbach, Senior Policy Analyst, DDES Rick Bautista, Council Staff, Environment and Transportation Committee (ETC) i 1 i 1 November 19, 2009 The Honorable Dow Constantine Chair, King County Council Room 1200 COURTHOUSE Dear Councilmember Constantine• ' I am pleased to submit two motions that have been approved by the Gromh Management Planning Council (GMPC) Under the mterlocal agreement that established the GMPC motions are first approved by GMPC King Counh' COinCil must then approve the motions and ratify it for the unincorporated area. Finally. the motions are sent to all of the cities in King County for ratification. There are no fiscal impacts to King County government as a result of these motions The attached two motions are the result of regional cooperation. Each received unanimous approval by the Groti-th Management Planning Council; ho\,%-ever the City of Seattle representatives abstained from -�-oting on Motion 09-2 fhe first of these Motions, GMPC Motion 09-1- adopts a work plan and schedule to address the policy framewoik for allocation of regional services and facilities The second Motion. GMPC Motion 09-2, amends the Countywide Planning Policies updating existing policies to piovide for housing and employment targets for the period 2006-2031. This motion also amends Table LU-I of the Countywide Planning Policies by replacing the existing Household and Employment Growth Targets for the 2001-2022 period with new Housing and Employ ment Growth "Targets for the 2006-2031 period r The Honorable Dow Constantine Nov ember 19, 2009 Page 2 For further information regarding this transmittal. please contact Stephanie Warden, Director, Department of Department and Environmental Services. at 206-296-6700 or by email at Stephanie.,karden�a)km county gov. Sincerely, Kurt Triplett King County Executive Enclosures ` CC' King County Councilmembers ' A I TN: Tom Bristow, Interim Chief of Staff Anne Norns, Clerk of the Council Frank Abe, Communications Director Beth Goldberg. Deputy Duectoi. Office of Management and Budget Stephanie Warden. Director, Department of Development and Environmental Services (DDES) Paul Reitenbach. Comprehensive Plan Project Manager, DDES I KING COUNTY 1200 K wg C,ounq(.ourthouse M16 Third 1%enue ' Seale,%k A 93104 mWom Signature Report King County ' January 25, 2010 Ordinance 16747 I Proposed No. 2009-0641 1 Sponsors Hague and Plutllps 1 AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies, adopting a work plan and 3 schedule to address policies related to allocation of regional 4 services, and adopting ne�-N housing and employment ' 5 growth targets, and ratifying the amended Countywide 6 Planning Policies for unincorporated King County; and 7 amending Ordinance 10450, Section 3, as amended and 8 K.C.0 20 10 030 and Ordinance 10450. Section 4, as 9 amended, and K C.C. 20 10,040. 10 BE IT ORDAINED BY THE COUNCIL OF KING COON fY ' 11 SECTION 1. Findings: 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 - County�Nide Planning ' 14 Policies (Phase 1) in July 1992, under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase II 16 amendments to the Countywide Planning Policies on August 15. 1994, under Ordinance ' 17 11446 18 C. The Growth Management Planning Council met on October 28, 2009 and 19 voted to recommend amendments to the King County Countywide Planning Policies. 1 Ordinance 16747 20 adopting Motion 09-1 approving a work plan and schedule to address the pohcy 21 framework for allocation of regional services and facilities as shown in Attachment A to 22 this ordinance any{ adopting Motion 09-2 amending Table LU-1 of the Count)wide 23 Planning Policies and approving related policy amendments as shown on Attachment B 24 to this ordinance ' 25 SECTION 2. Ordinance 10450, Section 3, as amended, and K C.0 2U 0 030 are ' 26 each hereby amended to read as follows 27 A The Phase 11 Amendments to the King County 2012 Countyw ide Planning ' 28 Policies attached to Ordinance 11446 are hereby approved and adopted. , 29 B The Phase II Amendments to the King County 2012 - Countywide Planning ' 30 Policies are amended, as shown by Attachment 1 to Ordinance 12027 31 C The Phase I1 Amendments to the King County 2012 - County u ide Planning 32 Policies are amended as shown by Attachment 1 to Ordinance 12421. 33 D The Phase It Amendments to the King County 2012 - Countywide Planning 34 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260 , 35 E. The Phase II Amendments to the King County 2012 - County w ide Planning ' 36 Policies are amended; as shown by Attachments I through 4 to Ordinance 13415. 37 F. The Phase 11 Amendments to the King County 2012 - Countywide Planning 38 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858 ' 39 G. The Phase II Amendments to the King County 2012 - Countywide Planning 40 Policies are amended, as shown by Attachment 1 to Ordinance 14390 41 H. The Phase I1 Amendments to the King County 2012 - Countywide Planning 42 Policies are amended; as shown by Attachment 1 to Ordinance 14391. 2 i Ordinance 16747 43 I. The Phase II Amendments to the King County 2012 - Countywide Planning 44 Policies are amended, as shown by Attachment I to Ordinance 14392. 45 J. The Phase II Amendments to the King Count} 2012 - Countywide Planning 46 Policies are amended. as shown by Attachment I to Ordinance 14652. 47 K The Phase II Amendments to the King County 2012 - Countywde Planning ' 48 Policies are amended. as shown by Attachments I through 3 to Ordinance 14653. 49 L. The Phase II Amendments to the King County 2012 - Countywide Planning 50 Policies are amended, as shown by Attachment I to Ordinance 14654 ' 51 M The Phase II Amendments to the King Countv 2012 -Countywide Planning 52 Policies are amended. as shown by Attachment 1 to Ordinance 14655 53 N. The Phase II Amendments to the King County 2012 - Countywide Planning 54 Policies are amended, as shown by Attachments I and 2 to Ordinance 14656. 55 O. The Phase 11 amendments to the King County 2012 - Countywide Planning 56 Policies are amended, as shown by Attachment A to Ordinance 14844 57 P. The Phase 11 Amendments to the King County 2012 - Countywide Planning ' 58 Policies are amended as shown by Attachments A, B and C to Ordinance 15121, 59 Q The Phase 11 Amendments to the King County 2012 -Countywide Planning ' 60 Policies are amended, as shown by Attachment A to Ordinance 15122. 61 R. The Phase II Amendments to the King County 2012 - Countywide Planning 62 Policies are amended, as shown by Attachment A to Ordinance 15123. i63 S. Phase II Amendments to the King County 2012 - Countywide Planning ' 64 Policies are amended, as shown by Attachments A and B to Ordinance 15426. 3 Ordinance 16747 65 T Phase It Amendments to the King County 2012 - Countywide Plannmu, 66 Policies are amended. as shown by Attachments A, B. and C to Ordinance 15709. , 67 U. Phase 1I Amendments to the King County 20.12 - County Hide Planning 68 Policies ate amended, as shown by Attachment A to Ordinance 16056 69 V. Phase 11 Amendments to the King County 2012 - Countywide Planning , 70 Policies are amended, as shown by Attachments A, B, C. D, E, F and G to Ordinance ' 71 16151 72 W. Phase 11 Amendments to the King County- 2012 - County w tde Ptantun« ' 73 Policies are amended as shown by Attachment A to Ordinance 16334, and those items , 74 numbered 1 though 11, 13 and 15 as shown on Attachment B to Ordinance 16334 ate , 75 hereby ratified on behalf of the population of unincorporated King Count\, -1 hose items 76 numbered 12 and 14, shown as struck-through on Attachment B to Ordinance 16334. are ' 77 not ratified. , 78 X Phase II Amendments to the King County 2012 - Countywide Planning 79 Policies are amended as shown by Attachment A to Ordinance 16335 80 Y. Phase 11 Amendments to the King County 2012 - Countywide Planning 81 Policies are amended as shown by Attachment A to Otdmance 16336 82 Z. Phase 11 Amendments to the King County 2012 - Countywide Planning ' 83 Policies are amended. as shown by Attachments A and B to this ordinance , 84 SECTION 3. Ordinance 10450, Section 4, as amended, and K C.C_ 20.10.040 are 85 each hereby amended to read as follows: 86 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes , 87 specified are hereby ratified on behalf of the population of unincorporated King County. 4 Ordinance 16747 88 Q The amendments to the Countywide Planning Policies adopted by Ordinance 89 10840 are hereby ratified on behalf of the population of unincorporated King County 90 C. The amendments to the County wide Planning Policies adopted by Ordinance 91 t 1061 are hereby ratified on behalf of the population of unincorporated King County. 92 D. The Phase II amendments to the King County 2012 Countywide Planning 93 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of ' 94 unincorporated King County 95 E. The amendments to the King County 2012 - Countywide Planning Policies_ as 96 shown by Attachment I to Ordinance 12027 are hereby ratified on behalf of the ' 97 population of unincorporated King County. 98 P. The amendments to the King County 2012 - Countywide Planning Policies. as 99 shown by Attachment 1 to Ordinance 12421. are hereby ratified on behalf of the ' 100 population of unincorporated King County 101 & The amendments to the Kmg County 2012 - Countywide Planning Policies as 102 shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the ' 103 population of unincorporated King County. 104 H The amendments to the King County 2012 - Countywide Planning Policies, as 105 shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of ' 106 the population of unincorporated King County 107 I. The amendments to the King County 2012 - Countywide Planning Policies, as 108 shown by Attachments I through 3 to Ordinance 13858, are hereby ratified on behalf of ' 109 the population of unincorporated King County. ' S Ordinance 16747 , 110 J The amendments to the King County 2012 - Countywide Planning Policies, as 111 shown by .Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the ' 112 populatte-i of unincorporated King County. 113 K. The amendments to the King County 2012 - Countywide Planning Policies, as 114 shown by Attachment 1 to Ordinance 1439I, are hereby ratified on behalf of the 115 population of unincorporated King County. 116 L The amendments to the King County 2012 - Countywide Planning Policies. as 117 shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the ' 118 population of unincorporated King County , 119 M. The amendments to the King County 2012 - Countywide Planning Policies. as 120 shown by Attachment 1 to Ordinance 14652, are hereby ratified on behalf of the 121 population of unincorporated King County 122 N. The amendments to the King County 2012 - Countywide Planning Policies as ' 123 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 124 the population of unincorporated King County. ' 125 O. The amendments to the King County 2012 - Countywide Planning Policies. as , 126 shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the 127 population of unincorporated King County ' 128 P. The amendments to the King County 2012 - Countywide Planning Policies. as ' 129 shown by Attachment I to Ordinance 14655, are hereby- ratified on behalf of the 130 population of unincorporated King County. 6 Ordinance 16747 131 Q The amendments to the King County 2012 - County,-vide Planning Policies. as 132 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the ' 133 population of unincorporated King County. 134 R. The amendments to the King County 2012 - Count}wide Planning Policies. as ' 135 shown by Attachment A to Oidinance 14844, are hereby ratified on behalf of the ' 136 population of unincorporated King County. 137 S The amendments to the King County 2012 - Countywide Planning Policies. as 138 shown by Attachments A. B and C to Ordinance 15121,are hereby ratified on behalf of 139 the population of unincorporated King County_ 140 T. The amendments to the King County 2012 - Countywide Planning Policies, as ' 141 shown by Attachment A to Ordinance 15122, are hereby ratified on behalf of the 142 population of unincorporated King County 143 U. The amendments to the King County 2012 - Countywide Planning Policies_ as ' 144 shown by Attachment A to Ordinance 15123. are hereby ratified on behalf of the ' 145 population of unincorporated King County ' 146 V. The amendments to the King County 2012 - Countywide Planning Policies. as 147 shown by Attachments A and B to Ordinance 15426, are hereby ratified on behalf of the ' 148 population of unincorporated King County. ' 149 W The amendments to the King County 2012 - Countywide Planning Policies_ 150 as shown by Attachments A, B, and C to Ordinance 15709_ are hereby ratified on behalf 151 of the population of unincorporated King County. 7 Ordinance 16747 152 X. The amendments to the King County 2012 - County vide Planning Policies, as 153 shown by Attachment A to Ordinance 16056 are hereby ratified on behalf of the 154 population of unincorporated King County 155 Y. The amendments to the King County 2012 - Countywide Planning Policies, as 156 shown by Attachments A. B. C. D, E, F and G to Ordinance 16151. are hereby ratified on 157 behalf of the population of unincorporated King County, 158 Z. The amendments to the King County 2012 - Countywide Planning Policies, as 159 shown by Attachment A to Ordinance 16334, and those items numbered 1 through 11, 13 160 and 15, as shown in Attachment B to Ordinance 16334, are hereby ratified oa behall'of 161 the population of unincorpoiated King County. Those items numbered 12 and 14. shown 162 as struck-through on Attachment B to Ordinance 16334, are not ratified 163 AA The amendments to the King County 2012 - County mde Planning Polices, , 164 as shown br Attachment A to Ordinance 16333 aie herebti ratified on behalf ofthe 165 population of unincorporated King County. ' 166 BB. The amendment to the King County 2012 - Countywide Planning Policies. ' 167 as shown by Attachment A of Ordinance 16336, is hereby ratified on behalf of the , 168 population of unincorporated King County Additionally, by Ordinance 16336, an 169 amendment to the Interim Potential Annexation Area Map to include any additional ' 170 unincorporated urban land created by the Urban Growth Area(UGA) amendment in the , 171 Potential Annexation Area of the city of Black Diamond is hereby ratified on behalf of 172 the population of unincorporated King County. ' 8 Ordinance 16747 i 173 CC. The amendments to the King County 2012 - Countywide Plaruwlg Policies. ' 174 as shown by Attachments A and B to this ordinance are hereby ratified on behalf of the ' 175 population of unincorporated Kind County. Ordinance 16747 was introduced on 11/23/2009 and passed by the Metropolitan King County Council on 1/25/2010, by the following -vote Yes. 9 - Ms Diaoo, Mr Philtips, Mr von Reichbauer_ Ms. ILague, Ms_ Patterson, Ms Lambert, Mr Ferguson and Mr Dunn No: 0 Excused. 1 - Mr. Gossett 1 KING COUNTY COUNCIL KING COUNTY, WASHINGTON Robert W Ferguson Cha o ATTEST. cn i Anne Nons Clerk of the Council r , u� APPROVED this u''V� day of—&JM44y (--,-a 1C) 1 � Dow Constantine County Executive Attachments: A Motion 09-1. B. Motion 09-2 i 9 1 10/28/09 16747 2009-0641 Attachment A Sponsored By. Executive Committee , /th/pr l 2 4 MOTION NO. 09-1 5 A MOTION to adopt a work plan and schedule to address the 6 policy framework for allocation of regional services and facilities 7 '8 WHEREAS, the Growth Management Planning Council has directed staff to develop 9 recommendations for a major update of the Countywide Planning Policies in 2010 to bring 10 those policies into consistency with Vision 2040. 11 12 WHEREAS, the Growth Management Planning Council has developed proposed growth 13 targets for housing and employment, that implement the Regional Growth Strategy 14 contained in Vision 2040 while providing 20-year targets for cities to use in the next round 15 of GMA comprehensive plan updates_ 16 17 WHEREAS, since the Countywide Planning Policies were first adopted in 1992, ' 18 significant amounts of growth have occurred inside the urban growth area, within cities and 19 unincorporated King County, and particularly inside cities with designated urban centers, 20 where pending growth targets would direct even greater amounts of growth ' 21 22 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 23 KING COUNTY HEREBY MOVES AS FOLLOWS: ' 24 25 Direct staff to pursue a work plan for phase I of an update of the Countywide Planning 26 Policies. 27 28 Goal of Work Program: 29 The GMPC will update the Countywide Planning Policies to ensure consistency with the ' 30 Multi-County Planning Policies contained within Vision 2040, to ensure consistency with 31 the State Growth Management Act,to reflect current terminology and relevant references, 32 and to establish the policy framework for advancing the Regional Growth Strategy through ' 33 priontized allocation of regional services and facilities. Phase One of the work plan is 34 focused on establishing one or more Framework policies that will advance the Regional 35 Growth Strategy through prioritized allocation of regional services and facilities, while , 36 continuir_g to serve all communities in King County 37 38 '39 I 2009-0641 Attachment A 40 Context: 41 With the adoption of the new growth targets, King County is facing an increased amount of 42 growth countywide and a pattern of growth that concentrates housing and employment in 43 cities with Urban Centers Communities throughout the county recognize that their ability ' 44 to accommodate growth depends on adequate provision of services and facilities. Further, 45 a number of cities are concerned that the existing provision of services and facilities are 46 inadequate to meet current needs The first priority in developing the work program will ' 47 be to define the regional services and facilities that are necessary to support growth. 48 49 Direct staff to develop options for new CPP policy language that will prioritize regional ' 50 service delivery in ways that promote the regional growth strategy In developing that 51 policy, staff should address these issues according to the schedule shown below: 52 • Define what constitutes the "regional services" affected by this policy; ' 53 • Identify the existing policy basis for delivering regional services, 54 Draft new policy options that address regional service delivery for GMPC 55 consideration by the end of the first quarter of 2010. ' 56 57 Schedule for further work on proposed policy options: Task Due Date Define regional services and facilities that are tied to growth 4` Qtr, 2009 Identify existing policy basis for future delivery of services and 4 Qtr, 2009 facilities ' Draft policy options for guidance on delivering regional services March 1, 2010 and facilities ' Present policy options to GMPC for first reading and discussion End of I"Qtr, 2010 Revise policy options as directed by GMPC Mid-April, 2010 ' Approval of policy amendment(s) and direction of next steps by Late April, 2010 GMPC 58 Adopted by the Growth Management Planning Council of King County on October 28, 59 2009 in open session, and signed by the chair of the GIvfPC. ' 60 61 62 _ ' 63 Kurt Triplett,Chair, rowth Management Planning Council ' 64 16747 2009-0641 Attachment B 10/28/09 Sponsored By: Executive Committee /pr 1 MOTION NO. 09-2 2 A MOTION by the Growth Management Planning Council of King 3 County recommending the amendment of the Countywide Planning 4 Policies updating existing policies to provide for housing and 5 employment targets for the period 2006-2031. This motion also 6 amends Table LU-1 of the Countywide Planning Policies by replacing ' 7 the existing Household and Fmployment Growth Targets for the 8 2001-2022 period with new Housing and Employment Growth 9 Targets for the 2006-2031 period , 10 11 12 13 WHEREAS, in accordance with the Growth Management Act(GMA), the 2002 14 Countywide Planning Policies established household and employment targets for each city 15 and for King County through 2022; and ' 16 17 WHEREAS,the 2002 targets need to be updated to reflect projected growth through 2031 18 in accordance with the GMA(RCW 36 70A 110); and ' 19 20 WHEREAS,Countywide Planning Policy FW-3 states that the adopted household and 21 employment targets shall be monitored by King County annually with adjustments made by , 22 the Growth Management Planning Council utilizing the process established in FW-1, Step 23 6, and 24 '25 WHEREAS since June,2008 staff from King County and the cities in King County have 26 worked cooperatively to analyze and recommend new 20-year housing and employment 27 targets; and 28 29 WHEREAS the Growth Management Planning Council met and discussed the updates of 30 the housing and employment growth targets for the penod 2006-2031, with opportunity for , 31 public comment on April 15,2009, July 15, 2009 and September 16, 2009. 32 ' i 20OM641 Attachment B 33 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF I 34 KING COUNTY HEREBY MOVES TO AMEND THE POLICIES, TEXT, AND TABLE 35 LU-1 OF THE COUNTYWIDE PLANNING POLICIES AS FOLLOWS- 36 C. Urban Areas 37 The following policies establish an Urban Growth Area (UGA), determine the amount of 38 Igeirselsel housing and employment growth to be accommodated within the UGA in the 39 form of targets for each jurisdiction, and identify methods to phase development within this j 40 area in order to bring certainty to long-term planning and development within the County 41 All cities are included in the UGA, with the cities in the Rural Area identified as islands of 42 urban growth The UGA is a permanent designation Land outside the UGA is designated 43 for permanent rural and resource uses Countywide Policies on Rural and Resource Areas 44 are found in Chapter ILIA, Resource Lands, and Chapter IIIB, Rural Areas. 45 46 47 In accordance with the State Growth Management Act(GMA) (RCW 36 70A 110), the State 48 Office of Financial Management(OF*provides a population projection to each county 49 The county, through a collaborative intergovernmental process established by the Growth 50 Management Planning Council, allocates the population as growth targets to individual 51 jurisdictions Forecasts prepared by the Puget Sound Regional Council are used to I 52 establish the county employment projection. j 53 54 The process for allocating growth targets in King County is a collaborative exercise I 55 involving input from the county and cities The allocations determined through this process 56 are to be guided by existing relevant policies at the regional, countywide, and local levels 57 and are to take into account best available data on factors influencing future growth in the 58 region asfelleos 59 60 1 61 ring (o, h .., South, z- t na RuF rQo .. A, a ten beeogme subarea 62 empleywxew target 63 2 64 65 66 3 67 taking fWe aec'eun�diffir-ent average household siees within eaeh subaret* Thaq-�- 68 69 4. 71 I 72 The housing and employment capacity in the UGA, based on adopted plans and regulations, 73 should accommodate the projected 20 year growth Growth is to be accommodated within 74 permanent Urban Areas by increasing densities, as needed. Phasing should occur within 75 the UGA, as necessary, to ensure that services are provided as growth occurs. 76 I I i 2DOM641 Attachment 77 FW-11 The land use pattern for King County shall protect the natural environment by ' 78 reducing the consumption of land and concentrating development An Urban 79 Growth Area, Rural Areas, and resource lands shall be designated and the 80 necessary implementing regulations adopted. This includes Countywide estab- 81 lishment of a boundary for the Urban Growth Area Local jurisdictions shall 82 make land use decisions based on the Countywide Planning Policies. 83 84 FW-12 The Urban Growth Area shall provide enough land to accommodate future urban 85 development Policies to phase the provision of urban services and to ensure 86 efficient use of the growth capacity within the Urban Growth Area shall be 87 instituted_ 88 89 FW-12(a) All jurisdictions within King County share the responsibility to accommodate the 90 20-year population projection and jeb emptoyment forecast. The pepulaties} 91 , 92 93 growth- Anticipated growth shall be allocated pursuant to the following 94 objectives: 95 a. To plan for a pattern of growth that is guided by the Regional Growth 96 Strategy contained in Vision 2040 the growth management, transportation, 97 and economic development plan for the 4-county central Puget Sound region; 98 b. To ensure efficient use of land within the UGA by directing growth to Urban 99 Centers and Activity Centers, 100 c. To limit development in the Rural Areas; 101 d. To protect designated resource lands; 102 e. To ensure efficient use of infrastructure; 103 f. To improve the jobs/housing balance within the county 'j 104 g. To promote a land use pattern that can be served by public transportation and 105 other alternatives to the single occupancy vehicle; and 106 h. To provide sufficient opportunities for growth within the jurisdictions. 107 108 FW-12(b)The growth targets established pursuant to the methodology described in LU-25c 109 and LU-25d shall be supported by both regional and local transportation 110 investments. The availability of an adequate transportation system is critically III important to accommodating growth. The regional responsibility shall be met by 112 planning for and delivering county,state,and federal investments that support the 113 growth targets and the land use pattern of the County This includes investments 114 in transit,state highways in key regional transportation corridors, and in improved 115 access to the designated Urban Centers. The local responsibility shall be met by 116 local transportation system investments that support the achievement of the 117 targets. 118 FW-12(c)Ensuring sufficient water supply is essential to accommodate growth and 119 conserve fish habitat. Due to the substantial lead-time required to develop water 120 supply sources, infrastructure and management strategies, long-term water supply 121 planning efforts in the Region must be ongoing. 122 2009-0641 Attachment B 123 124 1 . Urban Growth Area 125 The Growth Management Act requires King County to designate an Urban Growth Area 126 in consultation with cities The Countywide Planning Policies must establish an Urban 127 Growth Area that contains enough urban land to accommodate at least 20 years of new 128 population and employment growth The Growth Management Act states "based upon 129 the population forecast made for the County by the Office of Financial Management, the 130 Urban Growth Areas in the County shall include areas and densities sufficient to permit 131 urban growth that is projected to occur in the County for the succeeding 20 year period 132 Each Urban Growth Area shall permit urban densities and shall include greenbelt and 133 open space areas " An Urban Growth Area map is attached as Appendix 1, which guides 134 the adoption of the 1994 Metropolitan King County Comprehensive Plan 135 136 LU—25a Each jurisdiction shall plan for and accommodate the household housing and 137 employment targets established pursuant to LU-25c and LU-25d. This obligation 138 includes 139 a. Ensuring adequate zoning capacity; and 140 b. Planning for and delivering water, sewer, transportation and other 141 infrastructure, in concert with federal and state investments and recognizing 142 where applicable special purpose districts; and 143 c. Accommodating increases in heuseheld housing and employment targets as 144 annexations occur. 145 146 The targets will be used to plan for and to accommodate growth within each 147 jurisdiction The targets do not obligate a jurisdiction to guarantee that a given 148 number of housing units will be built or jobs added during the planning period. 149 150 LU-25b Growth targets for each Potential Annexation Area shall be set as a proportional 151 share of the overall Urban Unincorporated Area target commensurate with the 152 PAA's share of total Unincorporated Urban Area housing and employment i 153 capacity determined in the most recent Buildable Lands Report_As annexations 154 or incorporations occur, growth targets shall be adjusted. 140useheld Housing 155 and employment targets for each jurisdiction's potential annexation area, as 156 adopted in Table LU-1, shall be transferred to the annexing jurisdiction or newly i 157 incorporated city as follows: 158 159 a. King County and the respective city will determine new housing household 160 and employment targets for areas under consideration for annexation prior to 161 the submittal of the annexation proposal to the King County Boundary 162 Review Board, 163 b. A city's household housing and employment targets shall be increased by a 164 share of the target for the potential annexation area proportionate to the share 165 of the potential annexation area's development capacity located within the 166 area annexed In the case of incorporation, an equivalent formula shall be 167 used to establish Household housing and employment targets for the new city. i I i I i 2009-0641 Attachment 8 168 Each city will determine how and where within their corporate boundaries to 169 accommodate target increases, 170 c. The County's unincorporated Urban areas targets shall be correspondingly 171 decreased to ensure that overall target levels in the county remain the same; 172 d The heaseheld housing and employment targets in Table LU-I will be 173 updated periodically to reflect changes due to annexations or incorporations 174 These target updates do not require adoption by the Growth Management 175 Planning Council. 176 177 LU -25c The target objectives identified in FW-12a shall be realized through the following 178 methodology for allocating housing household targets: 179 180 a. Determine the additional population that must be accommodated countywide 181 182 State nac fr t Management p .t..«. projection F the end 183 dune the twenty year planning period based on the range of population 184 protections made by the State Office of Financial Management for the coup 185 and 4-county central Puget Sound region and guided by the Regional Growth 186 Strategy contained in Vision 2040, 187 b 188 that is assofned eeetff in the Ye .led Rural Area, 189 b Assign proportions of the arhan countywide population growth to each of six 190 Regional Geographies as defined by Vision 2040 to include Metropolitan 191 Cities Core Cities Larger Cities Small Cities, Unincorporated Urban 192 Growth Areas and Rural and Natural Resource_ Lands the f u f subafeas (Se., 194 195 a. al Coune;t 196 c. Allocate population growth to each Regional Geography as guided by Vision 197 2040 and also taking into account additional factors; 198 d. Assume that a small amount of population growth approximately 3% to 4% 199 of the countywide total, will occur in the Rural area; 200 e. Convert the estimated projected population for each subaeeaUrban Regional 201 Geography to an estimated number of hausehelds housing units needed, 202 using projected average household sizes, group quarters population, and 203 vacancy rates thM refleet the3�,afiatiaa afnsilg +1.eSe subaf Bab ebset"sa in the 204 Enest feeem Genskis; 205 f Allocate a heeseheld housing target to individual jurisdictions,within each 206 subare Regional Geography,based on FW-12a and considering the 207 following factors: 208 1 the availability of water and the capacity of the sewer system; 209 2. the remaining portions of previously adopted household targets, 210 3. the presence of urban centers and activity areas within each jurisdiction; 211 4. the availability of zoned development capacity in each jurisdiction;and 212 5. the apparent market trends for housing in the area_ 213 f. Jurisdictions shall plan for housing household targets as adopted in Table LU- 214 1; and 2009.0641 Attachment B 215 g. Monitoring should follow the process described in policy FW-I. 216 217 218 A portion of the urban employment growth will occur in Activity Areas and neighborhoods 219 in the Urban Area This employment growth will support the Urban Centers, while 220 balancing local employment opportunities in the Urban Area 221 222 LU-25d The target objectives identified in FW-I2a shall be realized through the following 223 methodology for allocating employment targets. 224 225 a. Determine the number of jobs that must be accommodated iR eaek of the c• - 226 subareas King ram, ice Shefe, South, Last ..a the o. al Cities) in 227 aeeerdaftee with the raost Feeent ncnr job estimates and F s F,,unn 228 the 20-year planning period based on the most recent forecast of employment 229 growth produced by the Puget Sound Regional Council for the four-county 230 central Puget Sound region, and guided by the Regional Growth Strategy 231 contained in Vision 2040. 232 foreeast. establish a range f newjebs that Enust be tieee a.. adatediin e 6h 233 subwcn_Unless pt:enal eireofnstea4ees diet to the ...,.ge should be 544 -a 234 either-side a the nao G for-e ast 235 b. Assign pcoportions of the countywide employment growth to each of six 236 Regional Geographies as defined by Vision 2040 to include Metropolitan 237 Cities, Core Cities, Larger Cities, Small Cities, Unincorporated Urban Growth 238 Areas, and Rural and Natural Resource Lands; 239 c Allocate employment growth to each Regional Geography as guided by 240 Vision 2040 and also taking into account additional factors, 241 d Assume that a small amount of employment growth, less than I%of the 242 countywide total, will occur in the Rural area; 243 e. Allocate an employment target to individual jurisdictions, within each Urban 244 Regional Geography, based on FW-12a and considering the following factors• 245 b. P eash sobarn dete inn the • t within the range upon i h 246 jurisdietieRs A:thi ft the sabafea ill base dwif tafgets a 1t 247 248 of the fng.. 249 250 1. the PSRC small area forecasts; 251 2. the presence of urban centers, manufacturing/industrial centers,and 252 activity areas within each jurisdiction, 253 3. the availability of zoned commercial and industrial development capacity 254 in each jurisdiction and; 255 4. the access to transit, as well as to existing highways and arterials. 256 257 c. Jurisdictions shall plan for employment targets as adopted in Table LU-1. 258 2009-0641 Attachment 8 I 260 262 Regional Geography Housing PAA Housing Employment PAA Frployment 264 City!Subarea Target Target Target Target 266 Net New Unts Net New Units Net New Jobs Net New)ob5 Metropakan❑tks 268 Bellevue 17,000 290 53,000 270 Seattle 86,000 146,700 Subtotal 103,000 199,700 Core 6bes Aubum 9,620 19,350 - Bothell 3,000 810 4,800 200 Burin 3,900 4,600 Federal Way 8,100 2,390 12,300 290 Kent 7,800 1,560 13,200 290 14rMand 7,200 1,370 j25,3W 650 Redmond 10,200 640 Renton 14,835 3,895 470 SeaTat 5,600 Tukwila 4,800 50 2,050 Subtotal 75,255 Larger Ceres Des Moines 3,000 Issaquah 5,750 290 Kenmore 3,500 Made Valley-- L,BOO 1,060 2,000 Mercer Wand 2,000 1,000 Sammamrsh 4,000 350 1,B00 Shoreline S,000 5,000 Woodirrnlle 3,000 5,000 Subtotal 28,050 42,800 Stre1 CAres Algona 190 210 Beaux Arts 3 3 Black Damond 1,900 1,050 Carnation 330 370 Chile ran 10 Cohngton 1,470 1 1,320 Duvall 1,140 840 j Enumclaw 1,425 735 Mules Point 1 - Lake Forest Park 475 210 Medna 19 - Million 50 90 160 Newcastle 1,200 735 Normandy Park 120 65 North Bend 665 1,050 Pacific 285 135 370 Skykanish 10 - Snoqualmle 1,615 I,O50 Yarrow Point 14 - Subtotal 10,922 8,168 Urban Unincorporated Potential Annerobon Areas 12,930 3,950 - North 16ghline 1,360 2,530 Bear Creek UFO 910 3,580 Ulndaimed Urban Unincorporated 650 90 Subtotal 15,850 50,150 King County UGA Total 233,077 428,068 `Targets base year is 2_006 PAA/oty targets have been acbusted to reflect arnetabors through 2008-_ •r Targetfor Mapfe Valley PAAconbrrgenton approval ofaty-cauity/dntplan for Summit Plain i 2009-0641 Attachment B 271 ADOPTED by the Growth Management Planning Council of King County on October 28, 272 2009 in open session, and signed by the chair of the GMPC. i 273 274 275 I 276 Kurt Triplett,--ZChair, Growt anagement Planning Council 277 i i i i i i I I i i I i i I King County Metropolitan King County Council Physical Environment Committee STAFF REPORT Agenda Item: 8 Name: Rick Bautista Proposed No: 2009-0641 Date: January 12, 2010 Invited: Paul Reitenbach, GMPC staff coordinator SUBJECT An Ordinance adopting Growth Management Planning Council ("GMPC") recommendations relating to a policy framework for allocating regional services and facilities and to the updating of housing and employment targets BACKGROUND Pursuant to CPP FW-1 step 91, the GMPC voted unanimously to recommend GMPC Motions 09-1 and 09-2, however it is noted that the City of Seattle representatives abstained from voting on Motion 09-2. These GMPC motions recommend the following actions GMPC Motion 09-1: adopts a work plan and schedule to address the policy • framework for allocation of regional services and facilities, and • GMPC Motion 09-2: amends the Countywide Planning Policies ("CPP") to (1) update policies relating to housing and employment targets for the period 2006-2031 and (2) amend Table LU-1 by replacing the existing Household and Employment Growth Targets for the 2001-2022 period with new Housing and Employment Growth Targets for the 2006-2031 period Proposed Ordinance 2009-0641 would ratify the change on behalf of the population of unincorporated King County, as required by CPP FW-1, Step 9 ' FW-1 (Step 9) Amendments to the Countywide Planning Policies may be developed by the Growth Management Planning Council or its successor, or by the Metropolitan King County Council, as provided in this policy Amendments to the Countywide Planning Policies, not including amendments to the Urban Growth Area pursuant to Step 7 and 8 b and c above, shall be subject to ratification by at least 30 percent of the city and County governments representing 70 percent of the population of King County Adoption and ratification of this policy shall constitute an amendment to the May 27 1992 interlocal agreement among King County, the City of Seattle, and the suburban cities and towns in King County for the Growth Management Planning Council of King County 1 THE GROWTH MANAGEMENT PLANNING COUNCIL The GMPC is a formal body comprised of elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth Management Act ("GMA") requiring cities and counties to work together to adopt CPPs. Under GMA, Countywide Planning Policies ("CPPs") serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning efforts As provided for in the interlocal agreement, the GMPC developed and recommended the CPPs, which were adopted by the County Council and ratified by the cities. Subsequent amendments to the CPPs follow the same process recommendation by the GMPC, adoption by the County Council, and ratification by the cities Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30% of the city and County governments representing at least 70% of the population of King County. A city shall be deemed to have ratified an amendment to the CPPs unless, within 90 days of adoption by King County, the city by legislative action disapproves it SUMMARY OF GMPC MOTIONS GMPC MOTION 09-1 (Phase 1 of the Major Update to the CPPs) The CPPs were first adopted in 1992 and have not been significant amended. Directed to do so by the GMPC, staff began in 2009 to develop recommendations for a major update of the CPPs in 2010 The initial goals of the update were to: • ensure consistency with the GMA; • ensure consistency with the Multi-County Planning Policies contained within the Puget Sound Regional Council's ("PSRC")Vision 2040 document, and • reflect current terminology and relevant references. However, during the discussions about the adoption of the new growth targets (see discussion of Motion 9-2 in this staff report), a number of cities stated concerns that the existing CPPs related to public services and facilities did not provide adequate linkage between future growth targets and the provision of such services and facilities to serve that future growth To address these concerns, Motion 9-1 adopts the work plan for Phase 1 of this major update to the CPPs Phase 1 focuses on establishing one or more CCP Framework Policy that will advance the CPPs regional growth strategy through a prioritized allocation of regional services and facilities, while continuing to serve all communities in King County. The key tasks in Phase 1 of the work program will be to 2 of 6 i • Define what constitutes the "regional services"; Identify the existing CPP basis for delivering regional services; • Draft new policy options that address regional service delivery for GMPC consideration by the end of the first quarter of 2010. Note: GMPC staff will continue work on the broader update the CPPs once Phase 1 is completed GMPC MOTION 09-2(HOUSING AND EMPLOYMENT TARGETS—2006 TO 2031) The CPPs establish household and job growth targets for cities, Potential Annexation Areas ("PAAs"), and unclaimed urban unincorporated areas Growth Target Update Required By State Growth Management Act The state GMA requires that local growth targets be updated at least every ten years. The GMPC last updated growth targets in 2002 for a planning period extending to the year 2022 The GMPC growth targets are statements of planning policy indicating the minimum number of housing units and jobs that each jurisdiction will accommodate during their respective 20-year planning periods However, since many factors influencing growth and development are beyond local government control, the targets do not represent a commitment that a given level of population or employment increase will actually occur in each locality. Every five years, the state Office of Financial Management ("OFM") issues population projections for each county in the state as a basis for determining growth targets under the GMA In addition, employment forecasts are produced by PSRC. Based on these projections, counties and cities collaborate in determining local allocations of that growth According to the 2007 OFM and 2006 PSRC projections, King County remains an attractive region which, over the long term, is expected to see robust amounts of both residential and employment growth T he OFM projections show that King County is expected to grow by about 450,000 people between 2006 and 2031 to a total population of 2 3 million The PSRC employment forecasts show growth in the County, over this same 25-year period, of about 490,000 jobs to a total of about 1 7 million jobs in 2031 New Policy Guidance from Vision 2040 The GMPC adopted growth targets incorporate new policy guidance from the PSRC's recently adopted VISION 2040, a growth management, transportation, and economic development strategy for the 4-county region With VISION 2040, the PSRC amended its Multicounty Planning Policies ("MPPs") to address coordinated action 3 of 6 i around the distribution of growth and established a Regional Growth Strategy ("Strategy") that provides substantive guidance for planning for new growth expected in the region between 2000 and 2040. The strategy retains much of the discretion that counties and cities have in setting local targets, while calling for broad shifts in where growth locates within the region. It establishes six clusters of jurisdictions called "regional geographies" —four types of cities defined by size and status in the region and two unincorporated types, urban and rural. In comparison to current targets and plans, the Strategy calls for: • Increasing the amount of growth targeted to cities that contain regionally designated urban centers (to include both Metropolitan Cities and Core Cities) • Increasing the amount of growth targeted to other Larger Cities • Decreasing the amount of growth targeted to Urban unincorporated areas, Rural designated unincorporated areas, and to many Small Cities • Achieving a greater jobs-housing balance within the region by shifting projected population growth into King County and shifting forecasted employment growth out of King County Proposed Chancres This GMPC Motion 09-2 recommends two amendments to the CPPs 1. CPP Text Changes: The first amendment revises CPP text to align with the following methodology and assumptions used in updating the growth targets. • Establish target time frame. The year 2031 was established as the target horizon year, giving cities a full 20-year planning period from the GMA update deadline of 2011 The year 2006 was used as a base year because of the availability of complete data, including Buildable Lands estimates • Establish county total for population growth. Assuming that the entire 4- i county region develops plans reflecting the mid-range OFM projection, King County gets 42% of the regional population growth through 2031, consistent with VISION 2040. The result growth of 567,000 people between 2000 and 2031 to a total population of 2,304,000. This number represents a small shift of population to King County compared with state projections • Establish county total for job growth. Using the PSRC forecast of employment for the region, King County gets 58% of the regional employment growth through 2031, consistent with VISION 2040 The result growth of 441,000 jobs between 2000 and 2031 to a total of 1,637,000 jobs This number represents a shift of about 50,000 jobs out of King County to the other three counties in the region compared with current forecasts 4 of 6 • Allocate population to Regional Geographies. The use of Regional Geographies is based closely on VISION 2040. In addition, the allocation accounts for other factors such as recent growth trends and anticipated annexation of major PAAs. Convert population to housing units. The current CPPs set targets by the number of"households", which unfortunately cannot be effectively regulated or monitored. Jurisdictions now use "housing units", which can be readily regulated and monitored. Also, VISION 2040 calls for housing unit targets for each regional geography and jurisdiction Total stock of housing units needed in 2031 was calculated based on the following assumptions- - Assumed group quarter (institutions) rates, 2.5% of the year 2031 population,- Assumed future average household size of 2 26 persons, a decline of 0 14 pph from the 2000 Census, - Assumed vacancy rates to convert households into housing units, a countywide average of 4 3%. • Calculate housing growth need within Regional Geographies. As a final step, the base year (2006) housing stock was subtracted from the total 2031 units to determine the net additional new housing units needed by 2031 in each Regional Geography • Allocate employment growth to Regional Geographies The use of Regional Geographies is based closely on VISION 2040 In addition, the allocation accounts for employment changes since 2000 • Allocate housing units and jobs to individual jurisdictions. Within each Regional Geography, the overall targeted level of housing and employment growth was sub-allocated to individual jurisdictions, based on a range of factors that included. - Fair share distribution of the responsibility to accommodate future growth Existing CPPs, including 2022 growth targets - Development trends and land use capacity of current plang Current population, jobs, and land area - Local policies, plans, zoning and other regulations - Local factors, such as large planned developments, and opportunities and constraints for future residential and commercial development - Location within the county - Recent annexations to the cities of Renton, Auburn, and Issaquah • Sub-allocate the Urban Unincorporated Area targets to smaller areas The housing and employment targets for the unincorporated UGA were further allocated to individual PAAs claimed by an individual city as well as to unclaimed or disputed unincorporated urban designated areas currently under County jurisdiction PAA targets were based on the proportion share of 5 of 6 r unincorporated Buildable Lands capacity located in each PAA As annexations occur, a share of the unincorporated PAA targets will be shifted to cities. Note: In 2010, more comprehensive policy review will occur as part of the overall update of the entire CPPs document, and that may result in additional policy amendments to the CPP section that describes the growth targets process. 2. New Growth Table: Currently, Table LU-1, contains the household and employment growth targets for the 2001-2022 period and by this GMPC motion would be replaced with a new Table LU-1, which contains housing and employment targets for each city and unincorporated urban area covering the 2006-2031 period. In the new Table LU-1, the ranges of potential future housing units and jobs for each jurisdiction have been narrowed further to single number targets. The target numbers shown reflect 25 years of growth Over time, with the addition of new jobs and housing units, the target obligation of each jurisdiction is reduced, commensurate with the findings of monitoring efforts under the King County Buildable Lands and Benchmarks programs_ The new Table LU-1 also now shows targets for each PAA. As annexations occur, PAA growth targets will be shifted from the County to annexing cities, following a methodology that is described in the CPPs_ The version of Table LU-1 contained in Motion 09-2 has been adjusted to reflect current city boundaries, including several annexations that occurred after 2006 AMENDMENTS None ATTAC ENTS r 1. Pro sed Ordinance 2009-0641, with attachments A and B 2. Tran ittal Letter, dated November 19, 2009 3. Staff orts to GMPC Motions 09-1 and 09-2 r r 6of6 I Kent City Council Meeting Date April 20, 2010 Category Consent Calendar - 6D 1. SUBJECT: MERIDIAN VALLEY CREEK DESIGN CONSULTANT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the consultant services agreement with The Watershed Company in the amount of $68,391 to perform design work, and environmental studies, and to obtain the needed permits to construct the project on the Meridian Valley Creek. This project involves relocating approximately 230 linear feet of Meridian Valley Creek to address flooding impacts. The project is being coordinated with the Meridian Valley Country Club and Homeowner's Association. i i i3. EXHIBITS: Public Works memo dated 3/30/10, Map, and Consultant Agreement 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: jCouncilmember moves, Councilmember seconds i jDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P E., Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 Address, 220 Fourth Avenue S. Kent, WA 98032-5895 I Date: March 30, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: April Sr 2010 From: Matt Knox, Environmental Ecologist Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Meridian Valley Creek Design — Consultant Agreement with The Watershed Company Motion: Recommend that the Council authorize the Mayor to sign the Consultant Services Contract with The Watershed Company for $68,391.00 to perform design work on the Meridian Valley Creek project, upon concurrence of the language therein by City Attorney and the Public Works Director. Summary: The Meridian Valley Creek project is located within the Meridian Valley Creek Country Club golf course just south of SE 243rd Place. This project involves relocating approximately 230 LF of Meridian Valley Creek to address flooding impacts. This project is being coordinated with the Meridian Valley Country Club and Homeowner's Association. This consultant services contract with the Watershed 1 Company is to complete the project design and environmental studies needed to obtain the permits to construct the project. We anticipate that the design will be completed by July 2010 with this contract. Permitting will proceed concurrently with the design. Budget Impact: None. Project is budgeted through the existing Drainage Utility. i 1 l - _ >•� *•� a *lit '^a.. � y* AA. u _ r It j,- ]I[ _= f „II ��J u a S• = � ' F ownjMa�rchhp200 _ Am Not to Scale«3? r„ m SE 243 PI { „s Jk J� ss 4 -- s a_ a10 n , } Meridian Valley Creek Restoration KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and The Watershed Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Watershed Company organized under the laws of the State of Washington, located and doing business at 750 Sixth Street S., Kirkland, WA 98033, Phone: (425) 822-5242/Fax: (425) 827-8136, Contact. A. William Way (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide the following services: a wetland delineation, archaeological survey, biological evaluation, design plans for construction, construction cost estimate and project management for the Meridian Valley Creek Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 1 Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Eight Thousand, Three Hundred Ninety One Dollars ($68,391.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and 1 incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and ' subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. I E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this rj Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one 1 Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: A. William Way Timothy J. LaPorte, P.E. The Watershed Company City of Kent 1 750 Sixth Street S. 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 822-5242 (telephone) (253) 856-5500 (telephone) (425) 827-8136 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Watershed Co-Meridian Valley Crk/Flelding 1 I CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. ' As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20 By: For: Title: Date: ✓� EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: r t EEO COMPLIANCE DOCUMENTS - 3 HE SCIENCE 8 DESIGN WATERSHED CO3MPANY 1 EXHIBIT A Proposal to the City of Kent MERIDIAN VALLEY CREEK RESTORATION DESIGN AND PERMITTING SCOPE OF WORK During the term of this Agreement, The Watershed Company, (TWC) shall perform professional services for the City of Kent (CITY) in connection with the Meridian Valley Creek Restoration Design and Permitting Project (PROJECT). This Scope of Work document (SCOPE) shall be used to plan, conduct, and complete the work on the PROJECT as described herein or as amended by written Agreement between TWC and CITY Specific tasks and work items are outlined within this SCOPE. BACKGROUND AND PURPOSE This project is located on Meridian Valley Creek within the Meridian Valley Country Club property The STUDY AREA begins just south of the SE 2341h Place culvert and extends approximately 600 feet along the creek to about 150' downstream of the first golf cart bridge The STUDY AREA is bounded on the east by the private residences and on the west by a series of tee-off"boxes" The purpose for this protect is to provide a restoration plan and permitting for creek realignment. The project goals include* 0 Reduce or alleviate flooding along the study reach, particularly with respect to nearby residences, • Move the channel away from the sewer line and manhole, currently mid-channel, and • Restore suitable channel elements and native riparian vegetation TIME AND PERFORMANCE TWC will begin work on implementing the below SCOPE as soon as authorized by CITY and will make every reasonable effort to complete the Services with the goal of constructing the PROJECT summer 2010 Actual time may vary depending upon permitting agency responsiveness and permitting conditions 750 Sixth Screet South Kirkland,WA 98033 A 425 822 5242 1 f 425 827 8136 ' watershedco cam I TWC will not be held responsible for delays, occasioned by factors beyond their control, which could not reasonably have been foreseen at the time of the execution of the Agreement Task 1 — Preliminary Construction Cost Estimate The preliminary construction cost estimate will include the following elements: 1. TWC will work with the CITY to develop basic project assumptions as a basis for the preliminary cost estimate. 2 TWC will develop a cost estimate spreadsheet based on gross project dimensions (earthwork, structures, gravel planting). Task 1 DELIVERABLES • Spreadsheet of Preliminary Cost Estimate furnished electronically Task 1 ASSUMPTIONS ■ Estimate based on best professional)udgment and experience on recent similarly sized projects • Estimate will not include permit fees, additional studies that may be required by permit agencies, plan redesign, mitigation monitoring, or mitigation maintenance Task 2 — WETLAND AND STREAM DELINEATION STUDY The wetland and stream delineation study will include the following elements 3 TWC will delineate and flag the wetland boundary and stream OHWM within the STUDY AREA. 4. TWC will classify/rate wetland using the Washington Department of Ecology Wetland Rating System for Western Washington 5 TWC will prepare a sketch of approximate flag locations for use in surveying flags by CITY surveyors 6. TWC will prepare a wetland delineation report that includes study methods, results, findings and summarizes regulatory requirements 7 TWC will prepare an 1 1"X17'-format map of wetland boundary and stream OHWM with the STUDY AREA based on survey data provided electronically in AutoCAD format by the CITY 8. Delineation report to contain a summary of local, state and federal regulations pertaining to wetland modification for stream restoration/realignment. Task 2 DELIVERABLES • Field flagging • Flagging sketch for surveyor use • Delineation report for inclusion in permitting submittals Meridian Creek Restoration Design and Permitting City of Kent 2of7 Task 2 ASSUMPTIONS • Right of Entry Permission is secured by CITY to delineate and flag features ■ All delineation flags to be Located by survey and the resulting data provided electronically in AutoCAD format by the CITY Task 3 — STREAM FLOW AND SEDIMENT ANALYSIS City to provide Task 4 — CULTURAL RESOURCES ASSESSMENT The cultural resources assessment provided by Northwest Archaeological Associates, Inc (NAA) will include the following elements- Task 4.1 Background Research The records at the Department of Archaeology and Historic Preservation (DAHP)will be checked for sites recorded, projects, and reports in the vicinity of the project prior to any field activity. Other information will be collected from ethnographic and historic accounts, previous regional cultural resource investigations, local historical societies and informants, maps, photographs, and from environmental sources The Nluckleshoot Tribe will be contacted about the project to solicit any additional concerns about heritage resources and to inform them when field investigations will take place This communication is a technical inquiry and does not constitute any formal consultation that may be needed All of this information will be used to develop expectations for discovery of archaeological remains along the alignment 4.2: Field Study The field visit will be completed by a NAA Project Archaeologist The Project Archaeologist will examine any available sub-surface exposures, and may excavate up to 6 shovellauger probes to explore the depth of deposits and possibly identify cultural material. Spoils from the probes will be screened through 114-inch mesh Any artifacts will be described, photographed and returned to the probe of origin and re-bused Notes about content and sediments encountered will be kept on a standard data sheet All probe locations will be recorded with GPS The survey is intended to verify field conditions including the relationship of any previously recorded sites to the project boundaries; the extent of historic disturbance, and to document the specific location of any newly discovered cultural resources Task 4.3:Analysis & Site Form Preparation Results of the survey will be summarized and all shovel probes will be examined for information on possible cultural content Newly identified sites will be recorded on Washington Archaeological Inventory forms that include written description of the site and its setting, sketch maps, location on USGS 7 5 minute maps using GPS, and photographs Meridian Creek Restoration Design and Permitting City of}Cent 3of7 S Task 4.4: Report Preparation The results of these investigations will be presented in a technical report suitable for submission to USACE, DAHP, the CITY, the Muckleshoot Tribe, and other concerned parties. The report will present the results of archival and field investigations and include recommendations for ways to avoid or minimize damage to archaeological sites discovered or to complete evaluation of any newly discovered properties Due to confidentiality requirements for archaeological site location, distribution of the report may be restricted Task 4.5: Project Management NAA will coordinate with the Watershed Company and the CITY to receive project materials, prepare progress reports and invoicing and transmit correspondence NAA will maintain project files to include necessary supporting materials as required. Task 4 DELIVERABLES ' • Draft Report, 1 electronic version • Final Report, 5 hardcopies, 1 PDF version on CD Task 4 ASSUMPTIONS • No buildings or historic structures on the property require inventory or evaluation ■ The cost proposal allows for recording one site Discovery of an archaeological site may require additional work beyond the present scope to evaluate its significance and arrive at appropriate assessments of adverse effects and treatment measures Task 5 — BIOLOGICAL ASSESSMENT/EVALUATION Development of the Biological Assessment will include the following elements- 1 Order and review Priority Habitat and Species Data 2 Consult with WDFW Area Habitat Biologist and other relevant local experts, including hatchery staff 3. TWC will prepare a report that meets the U.S. Army Corps of Engineers criteria for Endangered Species Act assessments. Task 5 DELIVERABLES Biological Assessment/Evaluation report Task 6 —60% DESIGN AND SUBMITTAL The 66% design will follow from communication with the CITY on the overall design parameters The drawing set will include the following elements: 1. Sheet setup 2. Wetland impacts plan showing wetland loss and replacement areas Meridian Creek Restoration Design and Permitting City of Kent 4 of 7 3 Grading plans showing realigned channel in plan view, profile and cross sections 4. Conceptual vegetation plan showing planting locations and candidate species 5. Compensatory mitigation goals, performance standards, monitoring and maintenance plans necessary for JARPA submittal (Task 6) 6. Preliminary construction sequencing and stream diversion instructions Task 6 DELIVERABLES • 60% design set furnished electronically. Paper copies available upon request. Task 6 ASSUMPTIONS • CITY to provide electronic AutoCAD format topographic survey of STUDY AREA at 1-foot contour intervals ■ CITY survey to include stream bottom profile and up to 10 cross sections at specific field or map-identified locations • All delineation flags to be located by survey and the resulting data provided electronically in AutoCAD format by the CITY Task 7 —60% JARPA FORM AND SUBMITTAL • City to perform. Task 8 —CITY OF KENT CLEAR AND GRADE PERMIT • City to perform. Task 9 — 95% DESIGN AND SUBMITTAL The 95% design will follow from communication with the CITY on the overall design parameters The drawing set will include the following elements 1 Review comments from 60% submittal 2 Incorporate comments into design 3. Finalize plans to 95% level Task 9 DELIVERABLES • Response, clarification and communication on 60% set comments from CITY O 95% design set furnished electronically. Paper copies available upon request Task 9 ASSUMPTIONS • CITY comments to be consistent amongst reviewers and provided in one document Task 10 — Final design, cost estimate and special provisions 1 Task 9 will include the following elements- 1. Review comments on 95% submittal 2. Prepare final design set incorporating final comments and changes Meridian Creek Restoration Design and Permitting City of Kent 5of7 3. Prepare cost estimate based on final design 4 Define special provisions in plan set not defined in standard construction specifications Task 10 DELIVERABLES • Final design set furnished electronically Paper copies available upon request • Cost estimate furnished electronically Paper copies available upon request • Special provisions furnished electronically Paper copies available upon request Task 10 ASSUMPTIONS • CITY comments to be consistent amongst reviewers and provided in one document. • CITY to provide formal bid specifications Task 11 — Meetings and communication with CITY staff Up to two meetings are planned with CITY staff. No additional meetings are included in this scope, it is assumed that all other necessary communication and coordination with the CITY will be by telephone or email. Task 11 DELIVERABLES • Attendance at up to two meetings. Task 11 ASSUMPTIONS ■ CITY meetings to beat CITY Hall or STUDY AREA. ■ A planner from the Kent Planning department will attend one early project meeting. Task 12 — Meeting and communication with neighborhood and Country Club One meeting is planned with neighborhood representatives and Meridian Valley Country Club staff. it is assumed that all other necessary communication and coordination will be by telephone or email Task 12 DELIVERABLES • Attendance at one meeting. Task 12 ASSUMPTIONS t • CITY meeting to beat CITY Hall, STUDY AREA or the Country Club. • At least one CITY staff shall attend meeting Meridian Creek Restoration Design and Permitting City of Kent 6of7 t Task 13 — Agency Coordination One site meeting plus additional phone or email communication with permitting agencies is expected for the purposes of permit requirement clarification Task 13 DELIVERABLES • Attendance at one site meeting • Emarls and phone calls as necessary to support permit effort and tracking • CITY will be copied on all relevant emarls. Task 14 — Project Management Assure that all parties are communicating and that milestones are being anticipated and achieved Task 15 - Expenses Vehicle mileage, photocopying, plotting, PHS data fees, and other routine expenses will be billed at cost t t t ' Meridian Creek Restoration Design and Permitting City of Kent 7of7 Attachment A: Fee Schedule for Mendtan Valley Creek Restoration Design and Permitting •g.�.y; aek�,� _mac y„% 7nH,�.y„ :wis��� P7�.�a : if Sv o ?f�igmr 5Z:�,^'�= a i��r.?'-✓. ' oe;,IN e E _mc ..a7 G Y u y'S,1x:4 0°< :'--50A) w ,w,sf Total Cost n b Task Description :'�5166v 5160 %}SiOD�, 5130 j Sf20r# $120 yltiQ $85 :Aldlt1j- 685 "S7ii x 10 Pleflnenary CPM1Ncir alcOsleatmrat0 't•"','S.4s I'^ y,l .,.h2 4';Z;rY d; r x I t DevelOD dasign assumptions `-,.- -1^. =-^iq 1 4 yy ,^r .S� `s ,� �wy, .< ,- 1 2 PrePam Preommary cost eslamle i ';:1�`r':h ," ",p 1 :'�3yr-7y'y 12 $1.735 13 Cods msoamh and lnfomai tlrseussUns ! +_d aie"i °-ar. 2 ��,"�'2i`13 4 F7145 20 Welland D I 9 a r 21 Flag boundo7 and OHWM amrgo o4Y suttey �^n�„2,�.� ,,+,�: *ge -,< y. ,��� x� sr a�,g., 81,610 22 Skein&survey lnsituctlon5 -n`=�'�. ,. s� 2 -x ,'` 2 Yri vxlg ^.." y r. w S67J 23 OOWMailon del0 farms tip, + �' ^ - ,ca rx"?1" S510 24 Oe1Nl¢allon rP otl t ';B"�oIti ' ai ��` `i��'� e ^ ry P ;;fit tt t" ,,�,-'" a ;. 4`< �gE�%i+ ,p,'ip 1z lY.t` ?ti 5174D 25 Recunllgure surrey mePPi10 s uz:.`.0 ,_a.;X < 2.n . r=`i r3"F455v'. „+7 590D Q'-7t.',yt k;,P,.',�= Kk..•, ,,a"�-, ^= �Subtom( $5,130 30 Stream,Raw and sediment anal sla ��'�-,ai``v:, 31 C4Y w10 Provide 40 Arcanaological SPNey and coordination �4inr:� a '`,'-,'L��i 2�,,,�`�,y`y 41 Survey Iron,Subconsullant 6umP sum) p.. ;y; V 56200 42 cooNinal on and review s.2� "t^# ..Td .`2^v5 ' 2 $720 ;s',^.st:�h �yF .... w 'y'4r Y 16,S20 60 ei01o9ical EvaluahoNAssezamenl rs'':�:.Ti- xr "r C=.:'s^'�dh -.,yi 51 ONer and fCNew PH9 d01e Gi , -`�'Z cys xj.,= .-a y.N Sr�D Pµ ,'.,'+a` P " :. y.'sxi�^'; frS4Fki ` r' �`�,: 1.C`�Y S2 Ora8leal ` e - �yv_ = 51800 53 Re✓iew `2-,rt++`{I 1+ 9';w fia 4'clM3 'f„i�'tb� { ;,`2 jr 55260 54 Final le4t �`.E,Y `.2 c.'a ,v ;+ c �[ ..'rr'BRIa 5860 ,9oblofal $4,480 6D 6D%design for PernlOUnR use l it,701 +�1x.rr4�5 - t`x�??'• tf .,�:.a^i :+�=-'�fiw 3�";�RT'2 rN.,..V_ 61 Sheet setup Tt�'k �. tY;K F,.it �'INy'2`ry.� is,,-gyv'�r M?n1Dh+� .rn s,y, 51140 6 2 SkelG 05IQ LA,LA do drawn, s BBe visd vt", �` T ^ �"��' g ( ) p 4 �?to, s 10 c'�„ "-`t2 24 � � v40is.v,4,s 350860 u �g 63 Nol4sand spea0callons , '� 8'Mo ap^�2 0 "`vy 6yP ,,.B lbw 52040 64 Revbew ` �2,Ys, r`•_'•„. 2 -- d 2 47)ti`^,J. ="+:r.'4'"* I"eL= 57670 65 mtemal rownw&chant wmmumwllen.lrensmidel =��l'm�2sIY4 #P '"a' c;'rv4 �b.'#rr+`#'+fi r��a,-,+� G_�e„�7 3690 I` '+,'•+1 2:t`jyU,°%1i :i_:'i,.i iSuDloh/ $11,400 7 0 JARPA 71 CH II provide SO Subtotal $O 80 Kent clear and grade ernnit.SEPA r, 81 Cn vld J SO ter.:?"' a,„r1j' y['% "_{S'y =•a^,i,k� Subtoal f0 9 0 95• d.�kq. 91 Revew comments on 6D%set � yl2::a- p_�2v�^ 2 `may^? 2 -1V-4 ty^;� t; Z' "_ �,+=% `i 51530 - 92 Inmma l d scuss,ons alb revisions 2`'=°gj 2 5�a � 6 ` 'T� 2 �fi293,� i'rC� +'P`''v" 52,650 93 Orawrrg mdslans ' Te:r,� 2atub4" 4 l7`4h 2 r9wi.reH3 ^i2'�..i� {"tLz'A 83T00 9a ra mn i '-tea{ c l;>x,,� ;y�'a > rw""�? e � ` n s440 +'w,yv is #SFv✓�yi, dy��i' l (":"y-n3¢�y' ^"�s` �.a f5�� $8,320 •3x',100 F < `�ti`��r"i � wr� I?Yy,'i+ly� I�':% `•a.11 I"'�l'-S�'d i al desl b sl esOmale RR,4'' 4=^i-- '- 107 Review cOmm¢nls ones%set ""�"42-,fr$ ;`w 2 +,..*-.,5^4 S1D70 102 latemaldiscuselons r' 12�' ry .,r , ,__`_, ',',5 5730 103 Dmwi revisions -:4: 2 �???�ti` +#rv^ 4T2"r" Iro .,�^ r z 'a',.a s2340 104 Cost esllmafa aserrew �''sYsy �a'�^( 4 I'y dC' 10 ._at-� h* %'�� $3470 105 T N G+S r4a, 4;yf `N,`r�4 "'�Liy'�>; ^.:it e* a I• b220 �4; 'c.tz>:, "'-dt t ' ,�„r;'. C ;..,a`;• nml F7,93a 110 MCMlnitswnh COY Stan if-rrS S •=1`A ,�l�b."� ,.1 :y4t_- C'a J f'*'34i itt I(en'meolmgs(23 _a(Vs ;. 1� "rt 8 R""'- -s• 7f.•`n" R370 G';C � b77D Subtoaa( $3,140 120 Meet with C I Glob 121 Nel9hbo,hoad mee0ng(i) a 4 ,�� 1"v 'n-4&;d' °` " 'tl $11DO 122 S ynopsis of meab s >'�Y2y Sa F•,.'�r�1 `y.i�`'rF-� 44i:° ^roe �E' ^STr'Ci-R. E770 k`• id ,,', '`i+�� �:.v5.'rr i xx`r'4s'� .*'r„�N'+� 730 Co0tdlnaLan with 0.encles 131 Cams "3:LrL_rv';� . �_-,f 2 -�."'75 :'d1J�•, .o,# iy../:._Fy $370 132 WDFW "{{? 1-+ a 5535 133 EC0Y 2 yE $370 134 MuoiI..taDI Tnbe nq'I #yf „,+="2a.A ygNii+ t-.•mot'#,] 'y,,. 5535 135 AgcncVs4 „ c0511 n�= "2>._' z ' - mot �r.:2t�: "-y3 „~n•� s740 140 Pr T1,1 s SFTw f.e5 .., ;rare s�eroal az.ss0 okctmanagement +:!& fW'ra.. 141 Pmled management .`30?r, 54950 142 Co.,redad.aaalrafn �•z µ4 ; -'�'_n ,1;�`, ;^x�"� �� 6 I- �? ,..�,� s940 743 cmicolPam V ubtolal $6,790 E Eapenaes Ptico ptv' E1 Mile t go tCarre nt Shnda al Rate set by IRS) $111 812 330600 F2 EgdlPmPnl usage sot Inhap role shoal E3 ca.,ccp Ps 510O 200 $23000 E4 Plating $100D 80 $80000 ES GPS antenna renlal 8150D $99D Subtotal S1,30600 '12 sae visas @51 vales.each TOTAL stili 00 The Watershed Company W2612010 Page 1 IIif WATERSHED COMT',\NY iHourly Rates Effective January 2010* A. William Way, PWS President $165 Ed McCarthy,P.E.,PhD Water Resource Engineer $150 Greg Johnston, EIT, CFP Senior Fisheries Biologist $130 Hugh Mortensen, PWS Senior EcologistlPWS $130 Jennifer Creveling, PWS Senior Wetland/ Wildlife Biologist $130 Amy Summe Environmental Planner $130 Dan Nickel Environmental Engineer/GIS Specialist $130 Mark Garff, ASLA,RLA Senior Landscape Architect $120 Mark Indrebo, LG Fluvial Geomorphologist $120 Matt Stevenson Planner, GIS Specialist $120 Kenny Booth,AICP, APA Associate Planner $110 Suzanne Tomassi Wetland/Wildlife Biologist $110 Margaret Hayes,RLA Landscape Architect $100 Nancy Way Technical Writer $120 Courtney Landoll,ASLA,RLA Landscape Architect $90 Grace Bergman Landscape Designer $90 Christi Hallman Contract Administrator/IT $85 Bell Lund Ecologist $85 Meagan McManus Ecologist $75 Ryan Kahlo Ecologist $70 Tracy Durnell Administrative/Graphic Design $70 Acronym Key: CFP=Certified Fisheries Professional as certified by the American Fisheries Society PE=Professional Engineer EIT=Engineer In Training GIS =Geographic Information System LG= State of Washington Licensed Geologist PWS =Professional Wetland Scientist as certified by the Society of Wetland Scientists ALSA =American Society of Landscape Architects RLA =State of Washington Registered Landscape Architect AICP=American Institute of Certified Planners APA =American Planning Association ' Direct Costs: Auto Mileage Maximum standard rate allowable by IRS Duplicating $0.10/page b/w; $l/page color; $10/page b/w ' plot; $30/page color presentation plot Electrofishing Equipment Rental $100.00/day Trimble GEO XT- GPS Equipment Rental $50.00/day Solomat Water Quality Testing Equipment Rental $50.00/day Other Direct Costs At Cost 1 *Rates for 2010 only; escalator clause for cost of living may apply in future years 1 Kent City Council Meeting Date April 20, 2010 Category Consent Calendar - 6E 1 1. SUBJECT: SAFE ROUTES TO SCHOOL GRANT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to accept Federal Highway Administration's (FHWA) Safe Routes to School Grant Funds totaling $893,775, and Congested Mitigation and Air Quality (CMAQ) Grant Funds totaling $350,000 for the George T. Daniel Elementary School and Horizon Elementary School's Safe Routes to School Projects, to sign all necessary grant documents, to amend the budget, and to authorize expenditure of the funds. tThe Safe Routes to School grant requires no matching funds from the City, but there is a 13 5% match (or $47,250) required for the CMAQ grant The Safe Routes money will be used first before the CMAQ funds will be applied The $47,250 matching funds required are included in the City's 2010 sidewalk fund. 3. EXHIBITS: Public Works memo dated 3/24/10, Maps, Letter from Puget Sound Regional Council dated 12/17/09, and Letters and Local Agency Agreement Supplements from WSDOT 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: rCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 ENT Fax 253-856-6500 NAS I-I"GT0 Address 220 Fourth Avenue S Kent, WA 98032-5895 Date: March 24, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date April 5, 2010 From: Chad Bieren, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Daniel-Horizon Safe Routes to School Motion: Move to recommend authorizing the Mayor to accept FHWA Safe Routes to School Grant Funds totaling $893,775.00, and "CMAQ" Grant Funds totaling $350,000.00 for the George T. Daniel Elementary School, and Horizon Elementary School, Safe Routes to School Projects; and authorize the establishment of a budget for the projects. Summary: The City has received grant monies from Federal Highways Administration (FHWA) and Congested Mitigation and Air Quality (CMAQ) grant programs to construct a walking path for students using bicycles or walking to Daniel or Horizon Elementary schools. These improvements include the construction of approximately 6,300 lineal feet of 5' wide asphalt pathway (separated from the roadway where possible), striped school crossings, LED radar reader signs within the school zones, and additional bicycle racks. An educational program, administered by school staff to instruct parents and students on safe school bus, bicycle and walking at the start each year, is also included in the grant. tIn order for the City to receive monies from FHWA for the work, the City Council must accept the grant funds. jBudget Impact: The Safe Routes to Schools grant requires no matching funds from the City, but there is a 13.5% match (or $47,250.00) required for the CMAQ grant. The Safe Routes money (no local matching funds required) will be used first before the CMAQ funds will be applied. However, local matching funds will need to be provided to receive the CMAQ grant. 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Daniel Elementary School Walking Routes and Horizon Elementary School Walking Routes projects. The PSRC Executive Board voted in October to approve$398 million in federal funding for important transportation projects during 2011 to 2012. Fugal approval by the Govemor and federal funding agencies is expected in early 20I0. The projects will improve local and regional mobility and represent another step forward in accomplishing our long-range regional transportation plan. PSRC is pleased to be able to help local jurisdictions move priority transportation projects forward in a challenging economic climate. iThe project selection process is highly competitive,with many important projects applying foi limited amounts funding. Thanks to your Ieadership and excellent work by your staff, we're making progress on creating the safe and efficient transportation system key to ensuring future economic prosperity and high quality of life in the region. We have a lot of work to do to ensure that our region continues to thrive. At PSRC we are deeply committed to the future of the region's communities, and we look forward to continuing to partner with you to advance transportation, economic development and land use solutions that work locally and regionally. Warm regards, B - � b Drewel Executive Director Cc. Chad Bieren, Design Engineering Supervisor 1 loll We Wkmmie SNIe 500�SeaWe,VkftV`on 96109-1035 {206)4bd 7C90 FAX(20b)567-0825 psrc org Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S E Paula J. Hammond, P.E. P O Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 TTY 1-800-833-6388 www wsdot wa gov_ October 30, 2009 K- 4 VE Mr Larry Blanchard 2 2009 Public Works Director City of Kent QT o' OF KENT 220 Fourth Avenue South ENGINEERING, DEPT Kent, WA 98032-5895 City of Kent Horizon Safe Walking and Biking Project SRTS-1393(003) FUND AUTHORIZATION Dear Mr Blanchard- We have received FHWA fund authorization, effective October 22, 2009, for this project as follows. PHASE TOTAL FEDERALSHARE Construction $328,200 $328,200 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-6481 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition, this supplement modifies your PE funds to a total of$52,850 ($52,850 federal share). Your project has been assigned construction contract number TA-3502. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely. W. Stephanie Tax Manager, Program Management Highways & Local Programs Division ST:ig:ac Enclosure cc. Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 MWashington State ACBNCY AR Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent 1 Federal Aid Project Number Agreement Number CFDA No. 20,205 SRTS-139 003 LA6481 Gatalc q ofFed era I Dorn asticAssistance The Local Agency desires to supplement the agreement entered into and executed on 9-6-09 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name Horizon Safe Walking and Biking Project Length 0 75 miles +l- Termini See attached sheet Description of Work ® No Change See attached sheet Reason for Supplement To update the description of the work proposed,obligate the construction funds, and to transfer the balance of the PE funds into Construction Does this change require additional Right of Way or Easements? ❑Yes ®No Estimate of Funding (t) TE7stjmated 3)Type of Work Previous Total EstimatedAgency EstimatedSupplementA ieementJSu I ct Funds Funds Federal Funds PE a Agency 53,000 00 -23,000 00. )0,000001 30,000 00 100 % b Other Edu &Enf. 25,100 00 -3,250 00 21 850 00 _ 21,850 00 c Other Federal Aid d State I,000 00 1,000 00 1,000 00 Participation Ratio for PE e Total PE Cost Estimate a+b+c+d 79,100.00 -26 250 00 52,850.00 52,850 00 Right of Way f Agency % g-Oker- Federal Aid h Other Participation Ratio for RW i State I .Total RNV Cost Estimate f+ +h+i Construction k Contract 284,14500 284 14500 284 14>00 I Other Enforcement 3805500 38,055 00 38,055 00 m Other n Other 1 [00 % o Aae_rc _ Federal Aid Participation State 1 6,00 00 6,00000 6 000 00 Ratio for CN q Total CN Cost Estimate k+l+m+n+o 328.200 00 328,200.00 328,7.00 00 r Total Project Cost Estimate fe 7),100.001 301,950,00 l 3211050,00 38 i AJ50 00 l The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions Agency O icial Washington State 6 pa ment of Tra sportation By �, By Title CI_T_Y_O' WORKC r)IRPI-TOR Director of Highways and Local Programs OCT 2 0 Z009 /1--r Date Executed DOT Form 140-041 EF Revised 1/2007 Washington State Transportation Building VIAW Department of Transportation 310 Maple Park Avenue S E Paula J. Hammond, P.E. P O Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 1TY 1-800-8IF wwwwsdotw " �'v'��'�� � �t y EM a October 30, 2009 Mr Larry Blanchard Public Works Director CITY OF KENT City of Kent ENGNEwRNG DEFT 220 Fourth Avenue South Kent, WA 98032-5895 City of Kent Daniel Safe Walking and Biking Project SRTS-1210(002) FUND AUTHORIZATION Dear Mr Blanchard: We have received FHWA fund authorization, effective October 22, 2009, for this project as follows PHASE TOTAL FEDERAL SHARE Construction $565,550 $565,550 Enclosed for your information and file is a fully executed copy of Supplement Number I to Local Agency Agreement LA-6482 between the state and your agency All costs exceeding those shown on this agreement are the sole responsibility of your agency In addition, this supplement modifies your PE funds to a total of$37,500 ($37,500 federal share). Your project has been assigned construction contract number TA-3503. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, ro(L. Stephanie Tax Manager, Program Management Highways & Local Programs Division ST:jg:ac Enclosure cc: Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 r Washington State AGF,NCY ��/, Department of Transportation Local Agency Agreement Supplement Agency Supplement Number City of Kent 1 Federal Aid Project Number Agreement Number CFDA No 20.205 SRTS-1210 002 LA6482 (Catalog of Federai Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on 09-06-07 All provisions In the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name Daniel Safe Walking and Biking Project — Length 17 miles Termini See attached sheet Description of Work ® No Change See attached sheet Reason for Supplement To update the description of the work pioposed, obligate the construction funds, and to n ansfei the balance of the PE funds into Construction. r - Does this change require additional Right of Way or Easements? ❑ Yes ® No Estimate of Funding Type of Work (1) (2) (3) (4) (5)Supplement Previous Estimated Total Estimated Agency Estimated A reementiSu I Pro ect Funds Funds Federal Funds PE a Agency 55,000 00 -53,000 00 32,000 00 32,000 00 100 % b Other Edu.&Enf.. 25,t 00 00 20,600 00 4,50000 4 50000 c Other Federal Aid Participation d State 1,00000 1,00000 1,00000 Ratio for PE e Total PE Cost Estimate a+b+c+d 111,10000 -73 600.00 37,500 00 37,500 00 Right of Way f A t — —_V g ethen Federal Aid h Other Participation Ratio for RW i State Total R!W Cost Estimate f+ +h+i Construction k Contract 554,917 00 554,917 00 554,917 00 I Other Enforcement 4,63300 4,633 00 4,ti33 00 m Other n Other I00 % o Acenc Federal Aid Participation State 6,00000 6 000 00 6 000 00 Ratio for CN Total CN Cost Estimate k+j4m+n+0 565,550.00 565,550 00 ff _ 565.550 00 ' r.Total Project Cost Estimate e+j+ql � -111,100,001 493,9S-MiQ 1 60305,0166 4 50 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions Agency Official Washington State De a m nt of Transl attion By By t�y� Title CIZI.S2E_iCEZ C1RKC I7fRF.0 Tf)R Director of Highways and Local Prograrps-- 2009 II ©� Date Executed UU DOT Form 140-041 EF Revised 1/2007 Kent City Council Meeting Date April 20, 2010 Category Consent Calendar - 6F 1. SUBJECT: FEDERAL GRANT FUNDING FOR EAST VALLEY HIGHWAY IMPROVEMENTS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Public Works Director to accept the Construction Phase portion of the Federal Highway Administration's Surface Transportation Program Grants received for East Valley Highway (841h Ave. South) Improvements, authorize the establishment of a budget, authorize expenditure of the funds accordingly, and authorize the Mayor to sign all documents necessary to receive the grant funds. The initial monies received for the improvements to 84t" Ave South were to cover the Preliminary Engineering Phase of the project. This amount, totaling $130,528, was accepted by Council at the December 4, 2006, meeting. Additional monies can be received for the Construction Phase of the project, but have not yet been "accepted" by the City Council. Without accepting the Construction funds, reimbursement for expenses from the Federal Government will not be possible. t 3. EXHIBITS: Public Works memo dated 3/24/10, Map, Letter dated 5/12/09, Letter dated 4/23/09, Local Agency Agreement Supplement, Public Works Minutes of 12/4/06, and Kent City Council Minutes of 12/12/06 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds rDISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director . Phone- 253-856-5500 KENT Fax, 253-856-6500 W°5"' "`'""" Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 24, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: April 5, 2010 From: Chad Bieren, Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Valley Highway — Project Construction Federal Grant Funding Motion: Move to recommend authorizing the Public Works Director to accept the Construction Phase portion of the Federal Highways Administration STP grants received for East Valley Highway (84"' Ave. South) Improvements, and authorize the establishment of a budget for the same, directing staff to spend the money accordingly. rSummary: The initial monies received for the improvements to 84t Ave. South were to cover >� the Preliminary Engineering phase of the project. This amount, totaling $130528.00, was accepted by Council at the December 04, 2006 meeting. Additional monies can be received for the Construction Phase of the project, but have not yet been "accepted" by the City Council. In order to be reimbursed for project expenses that will be incurred during the Construction Phase, the Council must formally accept the Construction Phase of the grant, and authorize the establishment of the budget. Budget Impact: Without accepting the Construction funds, reimbursement for expenses from the Federal Government will not be possible. 1 1 1 s r9rm s1 - - S 196TM 6T , till xtxrti sz ��-_- ;1 s zoem s` --' ,,PROJECT r-------- 01 s2Jn 2DNSE —1JAWS ST ST' 1 aWnr sr� h l °r—, � I I�< "'� .. s,r 244nH sr J(�$Ust T 1 �' °� z t_jA I i_ p I , - i°��'='- - v�- SE 3{8n{ Sr I 'ti CITYpF KENT r (^�-€--r + i••1 #�- 1 1 'Wu. T 5_f_{ €£ZSLTH,_Sf i S. 2697" ST tti �CYT+4„ rEN l I H �C 284TH 31 r ,� City OfC'ent FIGURE 1— VICINITY MAP ;p►Public Wotks Department EAST VALLEY HIGHWAY REDEVELOPMENT PROJECT KENT EngmccrmgDlvlsiO't SR 167 TO S. 212TH STREET G V)".03-3009\dvy\GRAPHICS\EVH 7MPv VICMAP dwq,LOY31/2005 3-00 18 PM r i PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone, 253-856-5500 KENT Fax* 253-856-6500 w"ONiNOTON Address* 220 Fourth Avenue S. Kent,WA 98032-5895 Date: May 12, 2009 To: Chair Deborah Ranmger and Public Works Committee Members PW Committee Meeting Date, 5/18109 1 From., Chad Bieren, Engineering Supervisor Through: Larry Blanchard, Public Works Director Subject: East Valley Highway - Federal Stimulus Funding Motion: Move to recommend authorizing the Public Works Director to accept American Recovery and Reinvestment Act (ARRA) funding through agreement with the Washington State Department of Transportation Highways and Local Programs office. Summary: Public Works Department staff applied for federal stimulus funding for the East Valley Highway Improvement Project (Local Improvement District #362) in December 200E through a competitive application process developed by the Puget Sound Regional Council. East Valley Highway was one of only nine roadway projects in King County awarded funding through the American Recovery and Reinvestment Act (ARRA). The $2-million grant will be added to existing federal and state grants, funding from LID #362, and city funding (as required) to complete the project. East Valley Highway will be widened to 7-lanes from SR 167, north to S. 212`h Street. Council formed LID #362 in April 2007 to pay for a portion of the frontage improvements along East Valley Highway and to connect properties on septic systems to the existing sanitary sewer system. Without funding from LID #362, 1 the project would not have received ARRA funding because it would not have been ready for construction. This project is an example of how large projects will likely be paid for in the coming years. In the past, one or two large grants would be added to City funding and LID monies to complete road extensions and widening. Today, and for the foreseeable future, grant funding is not available in large portions. Therefore, a number of smaller grants, City funds, and private monies collected through Local Improvement Districts or Traffic Impact Fees must be combined to pay for projects. Local and private funds score heavily on grant applications and show local commitment to projects - vastly increasing the likelihood that state and/or federal money may be committed. 1 Budget Impact: Reduces City's share of project funding by$2-million U Vwca kceevc nonge{ oma9 erw coc I Washington State Transportation Building Department of Transportation 310 Maple Park Avenue S E Paula J.Hammond,P.E. P O Bog 47300 Secretary of Transportation Olympia,WA 98504-7300 360-705-7000 TTY t-80o-833.6388 vnuvr wsdot wa gov April 23,2009 'RECEIVED Mr Larry Blanchard APR 2 7 2009 Public Works Director CITY OF KEN`' City of Kent ENGINEERING ADEPT 220 Fourth Avenue South Kent, WA 98032-5895 City of Kent ' East Valley Ilighway Improvements ARRA-STPUL-1073(004) American Recovery and Reinvestment Act (ARRA)of 2009 FUND AUTHORIZATION Dear Mr card We have received FHWA fund authorization,effective April 22,2009,for this project as follows ' PRASE TOTAL FEDERAL SHARE ARRA SHARE Construction $4,779,018 $1,815,564 S2,000,000 Enclosed for your information and file is a fully executed copy of Supplement Number I 1 to Local Agency Agreement LA-6075 between the state and your agency All costs exceeding those shown on this agreement ate the sole responsibility of your agency , In addition,this supplement modifies your PE funds to a total of$620,375($130,528 federal share) ARRA contains extensive requirements and expectations,fadui e to meet the items ' detailed in the original ARRA selection letter and highlighted here may result in the withdrawal of the ARRA funding or a delay in receiving progress payments These requirements and expectations include- • Submitting a quarteily ARRA status report • Updating the ARRA status report within five(5)business days of achieving each of the milestones noted in the report 1 tMr.Lary Blanchaid,Public Works Director City of Kent April 23,2009 Page 2 • Adding the GSP to all ARRA contracts that requires contractors to complete monthly employment reports • Providing a monthly employment report summarizing the total employment for the project a Obligating all of the ARRA funds by July 1,2009 a Advertising for bids within two(2)weeks after FHWA has authorized the construction phase Y Within one(1)month of award,de-obligating excess ARRA funds for use on other projects. • Submitting monthly progress bills to H&LP • Completing the project by March 2,2012 Your project has been assigned construction contract number TA-3092. You may proceed with the administration of this project in accordance with your I WSDOT approvcd Certification Acceptance agreement. Sincerely, Stephanie Tax Manager,Program Management ' Highways&Local Programs Division 1 ST jg ac ' Enclosure cc* Ed Conyers,Northwest Region Local Programs Engineer,MS NB82-121 i �GLNC�Y ' Washington State Department of Transportation Local Agency Agreement Supplement Agency Supplement Number _ City of Kent 1 Federal Aid Project Number Agreement Number CFDA No, 20.205 STPUL-1073 004 LA 6075 (Catalog of Federal ODmeshc Assistance The Local Agency desires to supplement the agreement entered into and executed on Apnl 27,2006 All provisions in the basic agreement remain in effect except as expressly modified by this supplement The changes to the agreement are described as follows Project Description Name East Valley Highway Improvements Length 0 85 miles Termini State Route 167 to S.212th Street Description of Work ®No Change Reason for Suppieinent To obligate the Construction funds Does this change require additional Right of Way or Easements? ❑Yes ®No , Estimate of Funding Type of Work t10,000 (2) (3) (4) (5) I yp Estimated Total Estimated Agency Estimated Supplement Pro ct Funds Funds Federal Funds PE a enc 110 700 00 14 94500 95 755 00 865 % b Other consultant 3020000 4,07700 2612300 c Other non-partict atutg469 47500 469,47500 469.45 00 FederalAid d State l000000 135000 865000 , Padiapabon Ratio for PE a Total PE Cost Estimate a+b+c+d 150 900.00 469,47500 620,375 00 489,34700 130,528 00 Right of Way L69,,c3�_ non- artrct arlrr i 5 472 00 472 00 472 00 Federal Aid h Other Participation Rato for RW I Slate Total RM/Cost Estanate f+ +h+i Construction Contract 89524900 89524900 120859001 77439000 ' 1 Other ARRA 2,000,000 00 2,000,000 00 i 2 000,000 00 m Other 1,156,069 00 i 156 059 00 156 06900 1 000 000 00 n Other non- A!I atin 680 00 __M 10000 6801 00 865 0/o o Agency32,600. 32,60000 4,40100 28,199 00 ' Federal Aid 15,00000 15 000 00 2,02500 12 975 00 Padlcipation 0 State Ratio for ON g Total CN Cost Estimate k+l+rn n 4,779.018 00 4 779 018 00 963 454.00 3 915 564 00 r.Total Project Cost Estimate 1 9 9 The Local Agency further stipulates that pursuant to said Title 23,regulations and policies and procedures,and as a condition 1 to payment of the Federal funds obligated,it accepts and will comply with the appbcabi rovisions Agency Official Washington State D pa ment of Train ortation BY By Tllle Puhh^� 1cs..D m try* Director of Highways and ocal Programs Date Executed ;(PR 2 9 7009 DOT Form 140 041 EF Revised'0007 PUBLIC WORKS COMMITTEE MINUTES December 04, 2006 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:08 p.m. ITEM 1- Approval of Minutes Dated November 6, 2006 Committee Member Harmon moved to approve the minutes of November 6, 2006. The motion was seconded by Clark and passed 3-0. ' ITEM 2-Public Hearing/General Const Management Contract (GC/CM)-Events Center A Public Hearing on the general Construction Management Contract was held. Ted Kogita asked whether a performing arts center would be included and whether there is a contingency plan if the hockey team backs out. Brubaker noted that the building would be multi-functional and that concerts may be held there. Kogita suggested that a survey be taken using the King County Journal and Channel 21, and Raplee agreed to make that recommendation. ' Clark moved to recommend the city council adopt a resolution declaring the council's final determination to use the General Contractor/construction Manager alternative contracting procedure to design and construct the Kent Event's center, and direct the city attorney to draft the appropriate resolution for presentation to the city council at it's December 12, 2006, meeting. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Information Only/Environmental Brochure Removed from Agenda, will be heard in January 2007. ITEM 4 - Surplus Vehicles Alice Conrad, Fleet Manager noted that the listed vehicles/equipment complies with current replacement policy guidelines and have been replaced. The equipment and parts will be sold or ' disposed as appropriate. Harmon moved to authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below. The motion was seconded by Clark and passed 3-0. ITEM 5-Information Only/How Well is Public Works Performing Customer Service - Development Removed from Agenda, will be heard in January 2007. ' ITEM 6-Information Only/How Well is Public Works Performing Customer Service - Construction Removed from Agenda, will be heard in January 2007. iITEM 7 - Fund Authorization/East Valley Hiahwav (84ta Ave S) Tim LaPorte, Design Engineering Manager, gave a brief overview of the project and gave a brief PowerPoint presentation; he went on to state, the City was successful in obtaining $2,224,892 in federal, Transportation Improvement Board and Washington State Department of Transportation grants. The agreement, in the amount of $130,528, is authorization for the design phase of the City's East Valley Highway Project. In order to be reimbursed for project expenses, the City must accept 1 the grant and authorize the establishment of the budget for the same and direct staff to spend the money accordingly. Clark moved to recommend Council accept the Federal grant for the Design Phase of the East Valley Highway Project in the amount of $130,528, establish a budget for the funds, direct staff to spend the money accordingly for said road improvement project, and authorize the Mayor to sign all necessary documents. The motion was seconded by Harmon and passed 3-0. Page I of 4 U:\PWcommlttee\Minutes\PWMmutes 12 04 06 doc i Kent City Council Minutes December 12,2006 t L. Tacoma Second Supply Project Agreement Amendments. (CFN-1065)The Mayor was authorized to sign four amendments to the Tacoma Second Supply Project Partnership Agreement, upon concurrence of the language therein by the City Attorney and Public Works Director ' M East Valley Highway Improvements from S.212th to SR167 Consultant Agreement, (CFN-1038) The Mayor was authorized to sign consultant services agreements for environmental ' engineering, geotechmcal engineering, real property appraisal, property negotiations, and traffic signal engineering for the East Valley Highway Improvements N. Commute Trip Reduction Agreement Amendment- Authorize (CFN-171) The Mayor was authorized to sign the Second Amendment to the Commute Trip Reduction Agreement GCA4573 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 The , amendment awards$5,975 to the City to offset the additional costs the City will incur in rewriting its CTR plans and programs and meeting the new regulations required by the CTR Efficiency Act (ESSB 6566)passed by the State Legislature on March 9,2006. O Transit Service Agreement with King County Metro Transit Amendment. (CFN-171) The Mayor was authorized to sign Amendment No 1 to the Transit Service Agreement with King , County Metro Transit This Amendment extends the existing agreement for an additional year (February 9,2007 through February 8,2008) and allows limited extension of the operating hours of the shuttle. , P. Washington Traffic Safety Commission Drive Hammered Get Nailed Grant.(CFN-122) A grant in the amount of$2,500 to provide supplemental overtime funding for DUI enforcement ' by the Kent Police Department was accepted. Q.Accounts Receivable Write-Offs. (CFN-104)As recommended by the Washington State ' Auditor's Office.the write-off of uncollectible accounts receivables over one year old was authorized. R. Re-appointments to Kent Bicycle Advisory Board. (CFN-997)The Mayor's re-appoint- ments of Mr Bill Miller,Mr Mel Roberts,and Mr.Michael Taskey to continue serving as members of the Kent Bicycle Advisory Board were confirmed. Their new appointments will continue through 12/31/2008. S. Appointments to Drinking Driver Task Force. (CFN-122)The Mayor's re-appointments of Kent City Counciltnernber Ron Harmon, Mr Mike Buckingham and Mr Eric Munson to continue serving as members of the Kent Drinking Driver Task Force were confirmed Their new appointments will continue until 1/1/2010. T. Appointments to Land Use and Planning Board. (CFN-174)The Mayor's re-appointments , of Mr. Alan Gray and Mr Jon Johnson to continue serving as members of the Kent Land Use and Planning Board were confirmed. Their new appointments will continue through 12/31/2009 i Kent City Council Meeting Date April 20, 2010 iCategory Consent Calendar - 6G ' 1. SUBJECT: UNION PACIFIC RAILROAD AGREEMENT FOR JAMES STREET CROSSING - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement in the amount of $143,564 with the Union Pacific Railroad Company for reconstruction i and widening of the existing James Street crossing, subject to approval of final terms and conditions by the City Attorney. A SEPA requirement of the ShoWare Center was to provide pedestrian improve- ments along James Street between the Kent/James Street Park and Ride lot west of the Union Pacific Railroad tracks and the ShoWare Center. The improvements include pedestrian gates or flashing lights at the UPRR, additional concrete railroad crossing sections, and widening of the sidewalks on both sides of James Street between the ShoWare Center and the Park and Ride Lot. Federal regula- tions require the railroad work to be performed by the UPRR. There is no additional budget impact beyond the $235,000 authorized at the March 2, 2010 Council meeting. 3. EXHIBITS: Public Works memo dated 3/24/10 i4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? iCurrently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: r PUBLIC WORKS DEPARTMENT Timothy I LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date: March 30, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: April 5, 2010 From: Mark Howlett/Mark Madfai Through: Timothy J. LaPorte, P.E., Public Works Director Subject: South 228th Street Union Pacific Railroad Grade Separation Agreement Motion: Authorize the Public Works Director to enter into negotiations with the Freight Mobility Strategic Investment Board to receive Union Pacific Railroad funds for the S. 228th Street Railroad Grade Separation Project and direct staff to forego extension of the existing FMSIB Agreement for the 1 Union Pacific Railroad's contribution to the S. 212th and Willis St. Grade Separation Projects. Summary: In April 2001 the City of Kent entered into an agreement with the Freight Mobility Strategic Investment Board (FMSIB) and the Union Pacific Railroad (UP) for the City's S. 2121h St. and Willis Street Grade Separation projects. Under the terms of this agreement the UP contributed $500,000 towards completion of the Willis St. project and $650,000 for the S. 212th St project. Also included in the ' agreement is UP funding for grade separation projects in Auburn, Tukwila, Pierce County and Seattle/Port of Seattle. Under the agreement the UP paid $3,480,000 for six projects and an additional $170,000 of uncommitted funds for a total of ' $3,650,000. The funds were deposited in an interest-bearing account by FMSIB and since 2001 the original $3,650,000 has accumulated approximately $950,000 in interest. Under federal law, railroads are responsible to pay 5 percent of eligible project costs for construction of railroad grade separations Through this agreement, instead of paying 5-percent, which, based on current estimates would be approximately $1,000,000 for Willis St. and $1,600,000 for S. 212th St., the UP would pay $500,000 for Willis St. and $650,000 for S. 212th St. ' This agreement is about to expire and FMSIB has been negotiating with UP to transfer the $950,000 interest funds and the $170,000 of uncommitted funds to Kent's S. 228th St./UP Railroad Grade Separation Project for a total of $1,120,000. A motion approving this reallocation of funds was passed by FMSIB at their March 19, 2010 board meeting. Kent Public Works is strongly in favor of this motion. As a separate item the UP has proposed to extend the existing agreement for another 5 years with their commitment of $500,000 for the Willis St. grade separation project and $650,000 for the S. 212th St project in lieu of the federal "5- percent rule". We estimate that this would save UP $1,450,000. The City would need ' to find another source for this money. The decision for the City is whether we want to continue under the original fixed , reimbursement amounts for the Willis and 212`h projects, which UP will gladly agree to, or do we want to forego extending the agreement and proceed under the federal "5-percent rule" for grade separation projects, which may require future negotiations with UP. Staff recommends foregoing entering into the extension and proceeding under the federally mandated "5-percent rule". 1 1 i i 1 1 Kent City Council Meeting Date April 20, 2010 ' Category Consent Calendar - 6H ' 1. SUBJECT: APPOINTMENTS TO THE KENT ARTS COMMISSION - CONFIRM 2. SUMMARY STATEMENT: Confirm the Mayor's appointments of Wendy Johnson and Sharona Chandra to the Arts Commission. ' Ms. Johnson's term on the commission will expire on October of 2011 and Ms. Chandra's term will expire on October of 2013. 1 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 1 6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds DISCUSSION: tACTION: I rOFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S K E 1.1 I Kent, WA 98032-5895 r WASHIVGTCN TO' Jamie Perry, Council President City Council Members ' FROM: Suzette Cooke, Mayor rDATE April 20, 2010 RE Appointments to the Arts Commission ' I am requesting your approval of my appointment of Sharona Chandra and Wendy Johnson to the Kent Arts Commission. Sharona Chandra is a newly incorporated resident of Kent living in the Panther Lake annexation area Since arriving in the United States from India, Sharona has continuously volunteered her time/efforts through various organizations She currently volunteers as an Art Docent for the Kent School District, is a member of the SOCO Culture leadership team, volunteers at the City of Federal Way Sharona holds her MBA from Xavier's Institute of Management in India and is an accomplished Indian folk artist (Warli and Madjhubani) Wendy Johnson is a resident of Kent that has a great interest in arts Wendy currently serves as the Vice President of Stephanie's Art, Inc , home schools her daughter and presents physics and chemistry to high school students at home school co-ops Wendy has participated in several volunteer activities, of note is the 9/11 art book protect that she worked on with the Mayor's office in New York The book is entitled Messages of Hope, Peace, and Love that reached over 2,000 young children affected by the events of September 11th, 2001. ' Following my interviews, I am pleased to recommend both Sharona and Wendy for appointment to the Arts Commission rI submit these appointments for your confirmation. r 1 r Kent City Council Meeting Date April 20, 2010 ' Category Consent Calendar - 6I 1. SUBJECT: APPOINTMENTS TO LODGING TAX ADVISORY COMMITTEE - CONFIRM 2. SUMMARY STATEMENT: Confirm the Operations Committee's appoint- ments of Andrew Hutchinson and Aaron Watne to the Lodging Tax Advisory 1 Committee. Mr. Hutchinson's term on the committee will expire on December 31, 2012, and ' Mr. Watne's term will expire on December 31, 2012. 3. EXHIBITS: Memorandums dated 3/17/10 ' 4. RECOMMENDED BY: Operations 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: ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director KEN T Phone: 253-856-5702 W AS HI NC TON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 17, 2010 ' TO: Kent City Council Operations Committee FROM: Lodging Tax Advisory Committee THROUGH: Ben Wolters, Director SUBJECT: Lodging Tax Advisory Committee Appointment MOTION: I move to recommend to approve the appointment of Andrew Hutchinson to the Lodging Tax Advisory Committee. SUMMARY: ' The Lodging Tax Advisory Committee recommends Andrew Hutchinson be re- appointed to the Committee. Mr. Hutchinson has already served one term and would like to continue filling his position which is to be filled by a representing business required to collect lodging tax monies. Filling this position Mr. Hutchinson's new term would expire on December 31, 2012. If you have any questions prior to the meeting, please call Ben Wolters at 856-5703. BUDGET IMPACT. None ECONOMIC & COMMUNITY DEVELOPMENT ' Ben Wolters, Director KEN T Phone: 253-856-5702 WASH N -DN Fax: 253-856-6454 1 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 17, 2010 ' TO: Kent City Council Operations Committee FROM: Lodging Tax Advisory Committee THROUGH: Ben Wolters, Director SUBJECT: Lodging Tax Advisory Committee Appointment MOTION: I move to recommend to approve the appointment of Aaron Watne to the Lodging Tax Advisory Committee. SUMMARY: The Lodging Tax Advisory Committee recommends Aaron Watne be re-appointed ` to the Committee Mr. Watne has already served one term and would like to continue filling his position which is to be filled by a representing business required to collect lodging tax monies. Filling this position Mr. Watne's new term would expire on December 31, 2012. ' If you have any questions prior to the meeting, please call Ben Wolters at 856-5703. ' BUDGET IMPACT. None i Kent City Council Meeting Date April 20, 2010 Category Consent Calendar - 63 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT - ACCEPT 2. SUMMARY STATEMENT: Accept the grant from the Washington Traffic Safety Commission in the amount of $8,200 to fund overtime for two sergeants and four officers to conduct four Illegal Street Racing enforcement sweeps buring the summer of 2010, amend the budget, and authorize the Police Chief to sign all necessary grant documents. Funding is on a reimbursement basis. 3. EXHIBITS: WTSC award letter dated 3/30/10 i4. RECOMMENDED BY: Public Safety Committee 4/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y iCurrently in the Budget? Yes No X 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds iDISCUSSION: iACTION: i ra-rf 621 81h aAverrrre Sr,Smite 4119,PO�tsr 40944 N Olympia, W<o�frmr Ian 94SO4-0944 m (30) 75,'1 619? 30 March 2010 Cesi Velez Public Education Specialist Support Services Division City of Kent Police Department 220 Fourth Avenue South Kent, Washington 98032 Dear M -Velez: On behalf of the Washington Traffic Safety Commission, I am pleased to inform you that the Kent Police Department has been awarded a grant in an amni int not tr) exreed $8 200 no to T ay for overtime for two sergeants and four officers to conduct four Illegal Street Racing enforcement Sweeps during the summer of 2010. Based upon your excellent operational plan and prior experience dealing with this difficult and highly mobile enforcement effort, I'm sure you will achieve your detailed objectives. In order to be reimbursed, please use the following procedure: 1. Kent Police Department must pay its overtime for the Sweeps. 2. Kent Police Department must submit a copy of its paid overtime sheets with the attached Invoice Voucher (A19-1A Form) to me at the Washington Traffic Safety Commission for reimbursement. 3. Your agency will be reimbursed when the A-19 Form and overtime authorizations are received in our office. As I recall from your previous street racing enforcement efforts, this project was very popular with your community. Thank you for taking the time to plan and execute it again this year. If you have questions or if I can be of Further serviee, please let m9e know. Sincerely, Penny Nerup Speeding Program Manager -Oak- Kent City Council Meeting Date April 20, 2010 Category Consent Calendar - 6K 1. SUBJECT: 212T" STREET WAREHOUSE BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the South 212th Street Warehouse for 1 gate valve, 2 hydrants, and 271 linear feet of water main; 24 linear feet of sanitary sewer line; 15 linear feet of frontage improvements; 4 storm sewer manholes; 5 storm sewer catch basins; 2,640 cubic feet of detention pond storage; and 131 linear feet of storm sewer lines. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: MAIL TO CITY OF KENT ENGIfdEERINGDEPARTMENT _—— T ^�-- ATTN 220 - 4Tir AVENUE SOUTH KENT WASHINGTON 98032 JJ A'3 1 i t i 6"^ N � Project s� � �/.)-N VT• __k «� CITY OF KENT Permit MAR 12 2010 Location ENGINEERING DEPT Parcel BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT HO,m�idd�e.t^hOis 2 day •.'f 1— 2b lj_ , Gy arid bet,yeen C herd lTrt, r calla "Gr4lntorS doLi Cit, '-'1 ' - llU`?I[i!'Z rJ"'r�'t" _r *;irg (,,,;ilry, State rJi Llwh,n,iton, h_re'I'a`('r i}Ilea r^ into_ WITNESSETH That the sa•d Grantors fw A l:iruah;e 'ra• %,' ices rereby gram, bargain, st'Il 'J G,zintee tl,� II, i,I j described UT10rQ1'Pn?(2(?t5 A. WATERMAINS- TngeTher v.,th a total of I gate valves at s each Ihydrants at 1 5 each and-er any other ap(�rtenancas tharetc ON FROM TO lstr,-�t ear n)ert, etc t 1 -_�i,dirg 4✓`� 1 I;r�2� rec; at 5 S. SANITARY SEWERS: TPQCih:'_r .. i'1 a total ur ef- manholes at S each and,or ariv other 3pr;urtrnarices FhNr?iJ pN FROM TO �strCet, easefiner t'tc !fir y .`_';_ _. _ _ l_f = 4�.n r, " ' 1 � _• _ z InCll,.lrriy' ,.:?r i2c't at LF c.f 1 r � C. NEW STRFETS: ON FROM TO ___(yr '�ct, e3s•ynrc°nt,�`_._. _`_ — _.____,-___.__�--- ___ _._.__-- --_-.__�.._ Lrcluoing �noir teLA at �__ • o' D, FRONTAGE YMPROVEMEN_TS- TogethBr w,ih hgil{s. SlynalS, trees, 18'iG5[;7131n� CsCe'r;r re, Ct_lt�L �ir?C15Y r'1 tl[i,'Gf ar',Y OS F' 5ppl,r:Pf,a[1CCS ON FROM TO ;street, Pa�ri)lent, etc ) _ 4o Incluaing ;� linear feet at S _ ; r t� p, r IF ( ze u type) �fF�?/ ;l t.1r1(� ( mprovemcnr). E. STORM.SEWERS: -fccyether � ith a total of _ 7' Mani—le" 5 (. `- r.�-� each or total v` Jo'sifl5 at S � ,t �' ea(h, �✓ _ Lf of bi-,FoTrau-)1 3'.7�1^ or dramage 'Jitcll �4itr1 a total ccSL of ,li 0!''PI-h�pn r7r1' i iiCl dt�' :Ith 3 total cos' C1f 9 <�F�� C%�� a �„ or ar,y other apRurtenan:_es thereto ON FROM TO (street, easement, etc ) rrcl,jdmg f rd ical fear '��' er L of -. tsize & type; rip To have c:nd :o nold t' ` same to bi- sa-d Grantee, Its Suczi'tSCI, dr0 d>Sl�y nS fQl npG Hip undersigned hereby Covenants that it Is .'le laWful cv,nnr Y said iiro3erti, ar, tnm the san"P I> =rea from all encinlurance3, ',I)A all Jlll= jor labor ahq rcaterl3 s '1dVe been ,:a,d; that t h3s the right tI 5--'Ii the same afcresald, that it v.Ill e,arrant and r,�r-nC tlia same against `h�, lay.rul :latrns arct demand of all oerson(S The Bill of Sale Is q '.nn Oil CQ ns'i;�'aCKn of tn,a aurccr,ait cf t h"ante•-' F�tf itself, Its SU CCPssG rC ally assigns to Incoronrate saia tit hies n its �til,I_y ,y�te.-n aid to maintain then) a; f:;cVICIed it tha app eagle City ordinances acre-t; th? tars subiect t; ,i 7f` approval and cainplcbon .f a Y 3' m3ipten3nce person 8dl or Sala 2 &4 IN WITNESS WHEREOF the Unde- .-ned h-3•, ceua•In IN WITNESS WHFREOF, �� sar.ci,r�vjned Ian co'.sed tills n,�,�,re;� to ue e<�.cu'.�� on t'r, , l STATE OF WASHINGTON ) SS COUNTY OF KING ,1 ^n thhS "��� clay cf '�lywiy , 1rj before me, tl,c Iunder-,,gne,l ; rlor?ry Publir in and for the State of Wasnwgton, duiv commissioned and 5ti%orn personal)y apeared W me known to be ihu w0widual described o. who executed the foregoing instr,jfrent, and ackrw,,',edged to me that f'e°ShF scned and 5calo.j t1w, lnstrumeot as hiSrn9r frde and vnhunturi ac' and deed ffo\r 'Pic ',Ise5 and pirposes thoCr-i1n rn,nwiurldU GIVEN under m: hang and nefiaal seal thlS ,�_ ;f ���� ° �_ 20 P- Notary Pubirc in and for the State of Washington, essding at s My Commission Expires; y r�V ° ;f l_I - -- --- rt.•'lh,yt�,G �;� &II of Sale 3of4 N T ENGINEER'S CERTIFICATION CITY Y OF KENT KING COUNT f 11VASHINGTON l he figures used on the Eill of Sale `oC >r:`�'-�r�� � � ?, � ^�����t"?' f `� � or0,ect dated for for Ll ce SCam7 ,- sa—c1 Dl-olec2 Afe-1 /c(, CrS'g ,ed P E, or land survedor is W-- person ror the preparation of tine Eiii of Saie a+,d /rt Fs an emplovee (af i'='sC,_�_ �.���!�' �� ' _ ., ,,• r .,�_ . ,�' °`r: � .'r= �r� respos)siole for ;he preoara-iaKi of the rec� , o dra'r,,ings jo kaN 1'j� Y f ( r/1 uf4 V 3 S,gnature `. 27P,17 q �0 <f FrIS`Ce���� (Engirseer startip required) NA1, a j � 1 f Kent City Council Meeting Date April 20, 2010 Category Other Business - 7A 1. SUBJECT: VERDANA (AKA BRIDGES) REVISED REQUEST FOR MAJOR MODIFICATION TO PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: This proposal is a modification to the Verdana Planned Unit Development (PUD) previously approved by the Hearing Examiner with conditions on February 15, 2006 On March 15, 2010, the Hearing Examiner issued Findings, Conclusions and a Recommendation of Approval with conditions of the revised Verdana PUD Major Modification to construct a commercial development within the future development tracts of the original PUD. The revisions include clustering of buildings and parking to the interior of the site, reduction of total impervious surfaces, reduction in total number of buildings, increased open space, installation of solid screen and visual screen landscaping, and identification of a unified design concept. 1 3. EXHIBITS: Binders have been provided to Council which include: staff memo; Hearing Examiner Findings, Conclusions and Recommendation; Staff Report; Revised PUD Description; Design Review Application; Schematic Set; Ordinance No. 3874; Hearing Examiner Findings, Conclusions and Recommendation January 17, 2008; all exhibits and audio recording of March 3, 2010, public hearing are available in the Council office. 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No I6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds to accept/reject/modify the Findings, Conclusions and Recommendation of the Hearing Examiner to approve the revised Verdana (aka Bridges) Planned Unit Development Major Modification, and to direct the City Attorney to prepare the necessary ordinance consistent with this motion and bring that ordinance back to this Council. DISCUSSION: ' ACTION: i Kent City Council Meeting Date April 20, 2010 Category Other Business - 7B 1. SUBJECT: RESOLUTION URGING AWARD OF THE MID-AIR REFUELING ITANKER CONTRACT TO THE BOEING COMPANY 2. SUMMARY STATEMENT: The United States Department of Defense has begun the process to procure the Air Force's next mid-air refueling tanker. The Boeing Company and Airbus are anticipated to be competitors to build that tanker, and the cost of the contract awarded to the successful bidder could be $35 billion. The U S. economy is currently struggling through a recession of historic magnitude with unemployment nationally and in the State of Washington remaining around 10% The Seattle metropolitan area has the highest concentration of aerospace lobs in the world, and the Seattle and the Puget Sound region is home to the vast majority of The Boeing Company's more than 75,000 workers. In addition, each job at Boeing supports nearly three additional jobs. The Kent City Council values these jobs and the people who hold 1 them, and will make it a priority to ensure Washington and the Puget Sound region remains the best place to design, build, and market commercial airplanes Airbus has a majority of its workers in Europe, and by its own admission, would only do the finishing work for a tanker in the U S —that's as little as five percent Awarding the contract to The Boeing Company can create or retain 40,000 to 50,000 American jobs at a time in history when we desperately need them. U.S. taxpayers deserve the best tanker at the least cost, and The Boeing Company has a history of producing successful tankers for the U S Air Force and other countries' air forces. Boeing would build its tanker in Everett, Washington at a proven plant, with a highly skilled and dedicated regional workforce that has a tradition of building the best airplanes in the world. iThis resolution will be presented to the Operations Committee at its April 20, 2010 meeting—the same night it is presented to Council. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Mayor Cooke (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember seconds to adopt Resolution No. urging the U S. Department of Defense to award Ithe mid-air refueling tanker contract to The Boeing Company. DISCUSSION: ACTION: i I t 1 RESOLUTION NO. jA RESOLUTION of the City Council of the City of Kent, Washington, urging the U.S. Department of Defense to select The Boeing Company to build the Air Force's next mid-air refueling tanker. RECITALS A. The United States Department of Defense has begun the process to procure the Air Force's next mid-air refueling tanker. Boeing and Airbus are anticipated to be the competitors to build that tanker, and ' the cost of that contract could be worth $35 billion. B. The U.S. economy is currently struggling through a recession of historic magnitude with unemployment nationally and in the State of Washington remaining around 10%. C. U.S. taxpayers deserve the best tanker at the least cost, and The Boeing Company has a history of producing successful tankers for the U.S. Air Force and other countries' air forces. The Boeing Company can deliver a better aircraft more quickly to U.S. soldiers, sailors, and airmen. Boeing will build its tanker in Everett, Washington at a proven plant, with a highly skilled and dedicated regional workforce that has a tradition of building the best airplanes in the world. 1 U.S. Air Force Mid-Air Refueling ' Tanker - Request to Award to Boeing D. The Seattle metropolitan statistical area has the highest concentration of aerospace jobs in the world, and the Seattle and the Puget Sound region is home to the vast majority of The Boeing Company's more than 75,000 workers. In addition, each job at Boeing supports nearly I three additional jobs. E. Aerospace workers earn an average of more than $50,000 a year-60 percent higher than the average for all private sector industries. Most aerospace companies are relatively small businesses—many with five to 50 employees. Approximately $5.4 billion is paid in annual wages to aerospace workers—five percent of all wages paid in the state. F. The Kent City Council values these jobs and the people who hold them, and will make it a priority to ensure Washington and the Puget Sound region remains the best place to design, build, and market commercial airplanes. Our country's national security interests are not served by sending this valuable and strategic program overseas. G. Airbus has a majority of its workers in Europe, and by its own admission, would only do the finishing work for a tanker in the U S.—that's as little as 5 percent of the tanker construction work. Awarding the contract to Boeing can create or retain 40,000 to 50,000 American jobs at a time in history when we desperately need them. U.S. taxpayers are not served by buying tankers from both Boeing and Airbus in this competition. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Award Mid-Air Refueling Tanker Contract to The Boeing Companx. The Kent City Council requests that the U.S. Department 2 U.S. Air Force Mid-Air Refueling Tanker - Request to Award to Boeing ■ of Defense select and award the contract to The Boeing Company to build the next mid-air refueling tanker. SECTION 2. - Contract not be Split. The Kent City Council urges the U.S Department of Defense not to split the contract between The Boeing Company and Airbus, and to award the full contract to The Boeing Company. SECTION 3. - Clerk to Transmit Cooles of Resolution. The City Clerk shall immediately transmit copies of this resolution to The Boeing Company's corporate offices in Chicago, Illinois; to Boeing Commercial Airplanes in Seattle, Washington; to the International Association of Machinists and Aerospace Workers; and to the Society of Professional Engineering Employees in Aerospace. SECTION 4. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 3 U.S. Air Force Mid-Air Refueling Tanker - Request to Award to Boeing SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of April, 2010. CONCURRED in by the Mayor of the City of Kent this day of April, 2010. SUZETTE COOKE, MAYOR ATTEST: j BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of April, 2010. BRENDA JACOBER, CITY CLERK P\6vd\Resold[ion\MIdAIrRefuehngTanker-RequestAwardToBoeing doc 4 U.S. Air Force Mid-Air Refueling Tanker - Request to Award to Boeing Kent City Council Meeting Date April 20, 2010 Category Bids - 8A 1. SUBJECT: EAST HILL OPERATIONS CENTER PHASE II ON-SITE UTILITIES, SCHEDULE A, PROJECT - AWARD I2. SUMMARY STATEMENT: The bid opening for this project was held on April 13, 2010, with eleven (11) bids received. The low bid was submitted by Shoreline Construction Company in the amount of $1,964,027.59. The Engineer's estimate was $3,418,540.73. 3. EXHIBITS: Public Works memo dated 4/13/10 j4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 1 S. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: fiCouncilmember moves, Councilmember seconds to authorize the Mayor to enter into a contract to award the East Hill Operations Center Phase II On-Site Utilities project to Shoreline Construction Company for Schedule A in the amount of $1,964,027.59. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director 40 Address. 220 Fourth Avenue S. KENT Kent, WA 98032-5895 WASHINGTON Phone: 253-856-5500 Fax: 253-856-6500 I Date: April 13, 2010 To: Mayor Cooke and Kent City Council From: Tim LaPorte, Public Works Director Subject: BID/Schedule A: East Hill Operations Center Phase II On-Site Utilities The Bid opening for this project was held on April 13, 2010 at 10 00 a.m. with 11 bids received. The low bid was submitted by Shoreline Construction Company In the amount of $1,957,293.34 The Engineer's estimate was $3,418,540.73. The Public Works Director recommends awarding this contract to Shoreline Construction Company. Bid Summary 01. Shoreline Construction Company $1,964,027.59 02. Scotty's General Construction $2,082,070.23 03. New West Development, Inc. $2,096,707 31 04. SCI Infrastructure, LLC $2,174,913.64 05. Road Construction Northwest $2,200,306.96 06 Johansen Excavating, Inc. $2,250,080.46 07 Mountain West Construction, LLC $2,395,731.28 08. Kar-Vel Construction, Inc. $2,585,242.98 09. DPK, Inc. $2,698,589 18 10. Olson Brothers Excavating $2,821,524 83 11. Westwater Construction, Co. $2,872,951.50 Engineer's Estimate $3,418,540.73 U \CounalPkt\BIDSEasHtllOpsCntrOnSltelmp docx REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE i 1 G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KENT W A S H I N O T O N OPERATIONS COMMITTEE MINUTES MARCH 16, 2010 Committee Members Present: Debbie Raplee, Jamie Perry and Dennis Higgins Jamie represented Committee Chair, Les Thomas, in his absence. The meeting was called to order by Jamie Perry at 4.00p.m. I. APPROVAL OF MINUTES DATED MARCH 2, 2010 Raplee moved to approve the minutes of the March 2, 2010 Operations Committee meeting. Higgins seconded the motion, which passed 3-0. 2. MOVE TO APPROVE THE VOUCHERS DATED FEBRUARY 28, 2010 Higgins moved to approve the vouchers dated February 28, 2010. Raplee seconded the motion, which passed 3-0. 3. I MOVE TO APPROVE THE ORDINANCE, "GRANDFATHERING" OF HOUSE- BANKED SOCIAL CARD GAME ESTABLISHMENTS IN THE ANNEXATION AREA The Panther Lake annexation becomes effective on July 1, 2010. Beginning on this date, all City of Kent regulations will apply to the newly annexed area. Located in the annexation area at 20500 108th Ave SE is the Great American Casino, a gambling establishment, which is licensed by the Washington State Gambling Commission for house-banked social card games, punchboards and pull-tabs. According to the Kent City Code, Section 3.21.010(D), social card games such as those featured at Great American Casino are prohibited in the City of Kent. Therefore, absent a change in Kent City Code, card games at Great American Casino will cease to be legal and that aspect of their business will be forced to close on the date of annexation. This does not allow additional casinos and card game establishments to move or be allowed to operate in Kent nor can Great American Casino move to another location in the city. If Council wanted to change the ordinance, it would allow the gambling commission to determine other locations and the number allowed in the city of Kent Council member Raplee visited the casino and found it to be clean and well monitored. There has been no known secondary crime as a result of the casino. Shannon McClure of the Great American Casino testified on behalf of the casino and it's regulation, also noting it employs 120 staff Their future wish is to expand their food and beverage banquet area. Shannon is available for questions. Perry took the opportunity to note in this economic time it is good for businesses to take away other businesses. Raplee moved to recommend adoption of an ordinance amending Chapter 3.21 of the Kent City Code to allow the "grandfathering" or continuation of house-banked social card games establishments licensed by the State in the newly annexed areas, and making other related changes to gambling tax rates and reporting requirements. Higgins seconded the motion, which passed 3-0. I Operations Committee Minutes March 16 2010 Page: 2 4. MOVE TO RECOMMEND COUNCIL APPROVE THE CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS MADE BETWEEN JULY 11 2009 AND DECEMBER 31, 2009 TOTALING $49,803,177. Authorization is requested to approve the technical gross budget adjustment ordinance totaling $49,803,177 for budget adjustments made between July 1, 2009 and December 31, 2009 The net amount, excluding transfers and internal service charges, is $48,372,778 Please note that $48,369,155 was previously approved by Council. These were primarily for 2009 Water and Drainage revenue bonds, as well as refunding the 1999 bonds This item was removed from the agenda. No motion was made. S. KING COUNTY ANIMAL CONTROL - INFORMATION ONLY Jeff Watling, Director of Parks, Recreation and Human Services provided an update on the status of Kent's involvement with animal control He noted that a full presentation was given last month at council workshop King County notified all cities that they are looking at modifying their involvement or requiring cities to pay their share of provisions for service whereas in the past they have subsidized the service A small work group has been formed consisting of 7 cities to come up with a regional model where the county would remain the regional provider of services and the cities would contract The group is now at the point of looking at cost models/allocations and a final model is due by March 31 for review by all cities The suggested cost allocation models will be expensive for Kent and would come from the general fund A sub group of South King County cities has been meeting weekly looking at other options locally or partnering sub regionally for field services and/or sheltering With all the details involved, there may be a need to bring in a contract expert/consultant short term for assistance The expense would be shared by cities for a 6-week period The goal is to find a model that will be funded through license revenues and not be subsidized April 30 is the deadline to give the county a response to the plan Jeff reminded council that as of June 30, all the contracts the cities have with the county will be terminated Jeff verified Perry's comment that Federal Way announced they would not be a part of the regional solution She asked if that increases the expense for the cities that may contract with the county Jeff stated that the sheltering piece is a deciding factor for some of the cities regarding the regional solution if they have the ability to partner with a sheltering provider, such as Tacoma-Pierce Humane Society or PAWS This is a challenge for Kent Hodgson stated the process is complicated and defining what animal control is is important if we are going to provide the service The city of Des Moines model was discussed It cost more to run than the revenue they bring in and they are a smaller city Hodgson shared there is a lack of education in South King County that contributes to animal control needs For example, 75% of Kent's sheltering is for cats The intent is to return to Operations Committee in April with more information and potentially some way to contract with someone to get more information That would be in partnership with the other cities around us for a short period of time The meeting adjourned at 4:45 p.m. by Perry. i Pamela Clark Operations Committee Secretary Iss, -/ KEN T IIkS H IN_TC . ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES March 8, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Chair Perry called the meeting to order at 5.30 p.m. due to an unforeseen delay. 1. APPROVAL OF MINUTES Ranniger MOVED and Albertson SECONDED to approve the February 8, 2010 Minutes. Motion PASSED 3-0. 2. KENT DOWNTOWN PARTNERSHIP (KDP) ANNUAL CONTRACT AGREEMENT Economic & Community Development Director Ben Wolters stated that KDP's annual agreement is for $33,600. The City has supported KDP for 18 years. Staff is recommending approval of the 2010 annual contract. Albertson MOVED to recommend approval of the 2010 yearly agreement with Kent Downtown Partnership (KDP). Ranniger SECONDED the Motion which PASSED 3-0. 3. VAN NESS FELDMAN FEDERAL LOBBYING ANNUAL CONTRACT AGREEMENT Economic & Community Development Director Ben Wolters stated that this is the 3rd year of the city's relationship with Van Ness Feldman, who provides Federal representation and lobbying on behalf of the City of Kent Wolters stated that this is a $90,000 annual contract funded two-thirds from utility funds, and one-third from general funds. iWolters stated that our lobbyist has been seeking federal funds for the levees, and has helped the city strategize in support of the regional strategy to obtain funding for a permanent fix for the Howard Hansen Dam Public Works Director Tim Laporte stated that the City's work with Van Ness Feldman has been productive. He stated that the opening of the 228th Street grade separation was primarily supported by Federal funds The City is working on securing funding for the Willis Street/Union Pacific Railroad crossing. Laporte stated that the City is working with the Corp of Engineers, FEMA, NOAA Fisheries, and their counterparts in Washington D.C. He stated that the 3 agencies are vital to the City's ability to reconstruct the levees, to certify them, and to continue work at the Howard Hansen Dam. Laporte stated that the City received $5 million in funding last year for the analysis of the river levee between James St. and South 231s' as a partial result of work done by Van Ness Feldman Laporte stated that this year the City's Washington State Congressional Delegation Representative Smith concurred with a $225 million dollar proposal for action by Congress for the Green River Valley. Ranniger MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Van Ness Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $90,000, "subject to final terms and conditions acceptable to the City Attorney." Albertson SECONDED the Motion. Motion PASSED 3-0. 4. COTTAGE HOUSING DEMONSTRATION ORDINANCE AMENDMENT - MAXIMUM NUMBER OF DWELLING UNITS Planning Manager Charlene Anderson presented an amendment to the Demonstration Cottage Housing Ordinance to consider specific language to allow flexibility in determining the maximum number of carriage and cottage housing units based on the development's design. Anderson stated that the Cottage Housing Committee supports unit flexibility if it allows a better cottage housing development. Albertson MOVED to approve an amendment to the Cottage Housing Demonstration Ordinance to allow flexibility in the maximum allowable number of cottage housing units, as recommended by the Land Use & Planning Board. Ranniger SECONDED the Motion. Motion Passed 3-0. S. OPEN SPACE TAXATION APPLICATION- DE FORD and CHARLENE COCHRAN - PUBLIC HEARING Anderson stated that in 1993 Council approved a decision making process for these types of applications, whereby three members of Kent City Council and of the King County Council would meet in a joint hearing at Kent City Hall to make a decision on these applications. Anderson stated that since 1993, Kent City Council passed a resolution related to establishing a Planning Committee that considers all matters related to community growth and development opportunities in the City. Anderson stated that State law provides for separate decisions of the Kent Council and the County Council Both committees must agree to affirm the application in its entirety or with identical modifications. The action taken by the Committee on the proposed application will be the City's final decision and will not go forward to the City Council as a whole. The decision will be forwarded to the County along with an original signature sheet signed by the Council Committee members. Planner Diamatris Winston stated that the property under review is participating in a farm and agricultural current use program, a part of the State's Open Space Act. He stated that beginning with the 2011 tax year, this property is no longer going to be taxed at the farm and agriculture land use value. As farming is no longer occurring, the applicants are seeking a reclassification. Winston stated that this application is submitted through King County's Public Benefit Rating System Program (PBRS) authorized by (RCW 84 34) the State's Open Space Taxation Act. The PBRS program offers an incentive to preserve open space on private property. Winston stated that to be enrolled in the program, land must contain one or more of the open space categories as defined by King County Code. Similar to the County, the City reviews the application and recommends approval based on evidence of those open space resource categories The program establishes a point system which assigns credits to each category. Enrollment requires a minimum of 5 points The portion of the property enrolled in the PBRS program is assessed at current use value. Winston stated that De Ford and Charlene Cochran submitted an application for current use assessment for property located at 26010 124`h Avenue SE, Kent, Washington The application is for a reclassification and assessment of 4.5 acres as Open Space on their 5.5 acre property. The applicants identified four open space categories on their property, active and passive recreational areas, an aquifer protection area, a farm and agriculture conservation area, and an urban open space area. Winston stated that staff is recommending approval of the significant wildlife and salmonid habitat and the open space categories (totaling 10 points), and recommends reducing the eligible area to 3 acres. The applicants have been notified of this hearing and are not present. Winston stated that King County PBRS Program Coordinator Ted Sullivan transmitted his staff report to the City on March 4ch with a recommendation of approval for the Open Space and the Farm and Agricultural Conservation Categories, with a recommendation to reduce the eligible area to 3 5 acres. The definitions for each of these resource categories lay out the criteria that the applicant needs to meet in order to qualify. After reviewing the county's staff report, city staff supports their recommendation. Staff amends the motion to state " as recommended by King County" rather than "recommended by staff' Sullivan stated that the two acres excluded from the program would be assessed at a market value He stated that the property is currently enrolled in the farm and agriculture ECDC Minutes March 8, 2010 Page 2 of 5 r program as a commercial program and has not been Commercially active for some time. That program is administered by the assessor's program. The Cochran's were notified that they were no longer in compliance and would have to apply for reclassification or be removed from the programs. Sullivan stated that the Cochrans fit the PBRS farm category criteria as the statutes allow properties to leave the commercial farm program in a holding pattern so they can return to commercial activity in the future. There were no speakers. Ranniger MOVED to approve the De Ford and Charlene Cochran King County Public Benefit Rating System Application for current use assessment under RCW 84.34, for a total of 10 points with conditions as recommended by King County staff. Albertson SECONDED the Motion. Motion PASSED 3-0. j6. PANTHER LAKE ANNEXATION ZONING COMPREHENSIVE PLAN LAND USE & ZONING MAPS — PUBLIC HEARING Planning Director Fred Satterstrom stated that this is the first of two public hearings. He requested the Committee take note of any zoning issues or concerns they wish to have staff analyze and consider at the Committee's second public hearing on April 12th, making the directives to staff part of the evening's motion Osborne stated that the Land Use and Planning Board (LUPB) considered the issue of urban separators at their January 25th Public Hearing recommending approval of Alternative Two with an amendment to include consideration of issues and areas of concern from public testimony. Osborne stated that Alternative Two is primarily a conversion of the comprehensive plan land use designations and zoning designations of the County Osborne noted that the County was set to begin the urban separator amendment process in 2014, stating that it was suggested at the January 251h hearing, that this would be the appropriate time to open up discussion of the policies of the urban separators and the map that is a part of that policy. Osborne stated that King County's countywide planning policies are adopted or ratified by Kent and other cities within the Jurisdiction of the county. The City of Kent has adopted goals and policies consistent with those countywide planning policies in its comprehensive plan and development regulations. Osborne stated that Alternative Two Comprehensive Plan Land Use Map consists primarily of single family residential (SFR) and the Zoning Map consists primarily of Single Family Residential (SFR) 6 units per acre with some areas of Single Family Residential (SFR) 4.5 units per acre, and pockets of Single Family Residential (SFR) 8 units per acre. Approximately 15% of the total area is designated urban separator with corresponding Single Family Residential (SFR) 1 unit per acre Alternative Two considers a Comprehensive Plan Land Use Map Designation of Mixed-Use for the Historic Panther Lake Elementary site and a Community Commercial Mixed-Use (CCMU) zoning designation which would be consistent with what has been proposed for the remainder of the commercial area at the intersection of Southeast 208th and Benson Road. Osborne submitted for the record the Ruth Proposal located at the southeast corner of 192nd and 2081h; and a proposal from a property owner to rezone two parcels located off of 132nd Avenue. Osborne submitted for the record email correspondence received from Don Leever, 13725 SE 233rd St., Kent, WA 98042 dated February 91h, expressing zoning concerns associated with property located south of his home containing Lake Johe and spring fed ponds Osborne submitted for the record email correspondence received from Stephen Bowditch, PO Box 6368, Kent, WA dated March 8, 2010, regarding transit-oriented zoning and proposing amending zoning designations for specific lots and tracts adjacent to roadways identified in the Comprehensive Plan as current or future principal and minor arterials. ECDC Minutes March 8, 2010 Page 3 of 5 I Albertson MOVED to accept the correspondence from Mr. Don Lever and from Mr. Stephen Bowditch into the record. Ranniger SECONDED the Motion. Motion PASSED 3-0. Albertson MOVED and Ranniger SECONDED to open the Public Hearing. Motion PASSED 3-0. Perry opened the Public Hearing. Jon Ruth, 19400 108th Ave SE, Renton, WA spoke in support of the Ruth proposal stating that Kent's proposed zoning conversion to Neighborhood Community Commercial (NCC) would effectively down zone their property from its current King County zoning designation of Neighborhood Business (NB). Ruth voiced concern that additional conditional use permits would be required in order to complete development of their commercial property He stated that they would support a Community Commercial (CC) zoning for their property. Don Leever, 13725 SE 233rd St., Kent, WA voiced his concerns associated with property located south of his home which contains ponds, springs, and Lake Jolie. He stated that a special use ordinance was filed in King County in 1977 for a portion of the property and a sensitive area notice was issued He questioned King County's sensitive areas definition. Osborne addressed Leever's concerns indicating what zoning the City might consider for that area. He stated that the issue of split parcels will need to be addressed and staff will need to further investigate the property. Sam Pace, 29839 154th Avenue SE, Kent, WA 98042 spoke to the issue of urban separators and to how the State's Growth Management Act (GMA) and the Countywide Planning Policies govern and guide all local comprehensive plans and development regulations. Pace spoke of the need, to be consistent with the Office of Financial Management (OFM) forecasts and with the States Regulatory Codes (SRC) in order to obtain funding. Pace stated that the City has a number of mechanisms to address protection of urban separators, such as through the use of critical area regulations, development regulations, environmental assessments, environmental impact statements, and SEPA Checklists Pace stated that zoning is probably an inappropriate approach to use to protect urban separators. The use of these tools may be appropriate in a specific area to ensure that the City makes compact efficient use of the land inside of the Urban Growth Boundary Paul Morford, Post Office Box 6345, Kent. WA stated that he lives in an urban separator area and has been told that when he is annexed into the City his zoning will remain similar to what he currently has under King County's Jurisdiction. Morford read a letter into the record, submitted by Shupe Holmberg with Baima & Holmberg, addressed to Fred Satterstrom, dated January 11, 2010, requesting a higher density for Tax Parcels. 0522059002/6623400141/6623400140 located east of Benson and the Ruth property on the south side of 192nd Street within the proposed Panther Lake Annexation area. He stated that the current King County zoning is R-8 and Kent's proposed zoning on Alternative 1 is SF-8 The property owners believe that Low-Density Multifamily (LDMF) zoning is more comparable to the County's current R-8 zoning and would like their property annexed in with the LDMF zoning in place Morford stated that based on GMA mandates the City needs to consider higher densities for the previously mentioned parcels as they are located close to Benson and other commercial development. Osborne submitted for the record, a proposal received from Camille O'Brien suggesting amending the Comprehensive Plan Land Use Map from Urban Separator to Single Family 6 Units per acre (SF-6), and amending the Zoning District Map designation from R-1 to SR-6; for parcels located adjacent to the southwest corner of the intersection at Southeast 196th and 116th Avenue SE, extending down to the end of the cul-de-sac, adjacent to Panther Lake. Osborne stated for the record that the O'Brien proposal includes an area currently designated in King County as Greenbelt (R-1) with the proposal suggesting a change to SF- 6 and SR-6 in Kent. ECDC Minutes March 8, 2010 Page 4 of 5 Richard Aguilar, 11436 SE 2081h St., Sp 26, Kent, WA stated that he resides in Pantero Lago Estates. He voiced concern about the need to protect Panther Lake from contamination due to residential development occurring. He stated that the wetland areas need to be protected and that the City needs to consider developing educational facilities and parks rather than more residential Albertson stated that Pantero Lago will benefit from the annexation as there will be increased access to police assistance in a faster timeframe than what has previously occurred through King County Perry informed Aquilar that she would meet with him at a neighborhood meeting on April 14th Dennis Beckwith, 10860 SE 1961h St., Kent, WA voiced concern that if the Ruth property currently zoned R-12 and R-18 is down-zoned it will reduce the value of that property as well as the value of his own property which is currently zoned R-16 with a commercial component. Committee stated that the Ruth proposal requests an increase in zoning. Osborne stated that the parcel facing on Southeast 196th Avenue is currently zoned R-18 in the county and the city's equivalent zoning of MRG has a limit of 16 multifamily residential units per acre. The parcel located adjacent to the west is currently zoned R-8 and R-24 in the County. The City is looking at rezoning it to MRM which allows 23 units per acre. Ranniger MOVED and Albertson SECONDED a Motion to close the public hearing. Motion PASSED 3-0. Perry indicated the areas of concern to be added to the motion include: 1) The Ruth proposal to consider changing the proposed NCC to CC Zoning/Commercial comp plan designation for the southeast corner of 108th Avenue SE and SE 192Id Street, 2) The Leever proposal to consider expanding the urban separator/SR-1 to the west on the parcel adjacent to Lake Jolie with a split designation of SR-1/SR-6, 3) a proposal to consider a SR-6 designation within the Lake Johe area rather than Alternatives 1 and 2 SR-4 designation, 4) the Bowditch proposal to amend designations next to principle arterials along 2081h, 1161h and 132"d Avenue Southeast to LDMF or MDMF (exclusive of urban separator designations), 5) the Camille O'Brien proposal to consider changing the US/SR-1 designations to SF-6/SR-6 to the east and west sides of 116th Ave SE south of SE 1961h Street, 6) a proposal submitted by Paul Morford for Shupe Holmberg requesting a higher density for Tax Parcels 0522059002/6623400141/6623400140 located east of Benson south of 192nd Street, and 7) the Beckwith proposal to zone property adjacent to the Ruth property along SE 196th Street similar to the County's current zoning of R-12/R-18. Perry stated that staff will review these proposals which will be included in the motion and brought back to the next public hearing on April 12th Albertson MOVED to recommend that the ECDC schedule the 2"d public hearing to occur at its April 12th 2010 meeting. Further the Committee directs staff to analyze and provide comprehensive plan land use map and zoning district map designation options for consideration regarding the following proposals and issues of concern, those just outlined by Council President Perry — Items 1-7. Ranniger SECONDED the Motion. Motion PASSED 3-0. Adiournment Perry Adjourned the Meeting at 7:00 p.m. Pamela Mottram Economic & Community Development Committee Secretary P\P1anning\ECDC\2030\Minutes\03 08 10_Min doc ECDC Minutes March 8, 2010 Page 5 of 5 r ,,� ' KENT r W. In IT.n r CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES March 9, 2010 rCOMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5.07 PM. • Jamie Perry attended the meeting for the excused absence of Les Thomas • Chair Harmon called for corrections or additions to the agenda, there were none. 1. Approval of Minutes D. Higgins moved to approve the minutes of the February 9, 2010 meeting. The motion was seconded by J. Perry and passed 3-0. 2. Washington Traffic Safety Commission $5.500 grant award - AUTHORIZE and ACCEPT Chief of Police Steve Strachan stated the funds will be used for officer overtime for a speed enforcement program from April 9 through May 1 and July 9 through August 1, 2010 D. Higgins moved to recommend that Council authorize the Kent Police Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $5,500 and authorize the Chief of Police to sign the Memorandum of Understanding. The motion was seconded by J. Perry and passed 3-0. r3. Edward Byrne Memorial Grant Award - ACCEPT, AUTHORIZE and Establish Budget Chief Strachan and Research and Development Analyst Debra LeRoy explained the City of Seattle is the fiscal agent for the Department of Justice grant which includes 14 other Jurisdictions in King County. J. Perry moved to recommend that Council accept the portion of the FY2009 Edward Byrne memorial Grant in the amount of $82,869, authorize the Mayor to sign the Interagency Agreement and establish the budget. The motion was seconded by D. Higgins and passed 3-0. r4. Washington Auto Theft Prevention Authority grant award - ACCEPT and Establish Budget Chief Strachan and D. LeRoy reviewed the grant award for second year continuation Funding for the Prevention of Auto Theft through Regional Operational Links (PATROL) task force. Federal Way Police Department submitted the grant and Kent Police Department is the fiscal manager of the funds. D. Higgins moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant award in the amount of $800,000 and establish the budget. The motion was seconded by J. Perry and passed 3-0. r r S. Washington Auto Theft Prevention Authority grant apolication - AUTHORIZE Chief Strachan and D. LeRoy explaine the grant application is for the third year continuation funding for the Prevention of Auto Theft through Regional Operational Links (PATROL) task force. ].Perry moved to authorize the Kent Police Department to apply for the Washington Auto Theft Prevention Authority grant in the amount of $928,706. The motion was seconded by D. Higgins and passed 3-0. 6. Police Hiring Update — INFO ONLY Chief Strachan spoke about the status of hiring and training 12 additional police officers by July 1st for coverage of the Panther Lake Annexation area. 7. Police G.R.E.A.T. Program Update — INFO ONLY Chief Strachan spoke about the newly implemented Gang Resistance Education And Training program for fifth grade students. The training is provided by police officers at Scenic Hill and Kent Elementary Schools as a program to build a relationship between police officers and youth and to encourage good decision-making skills. 8. Purchase of Sperian personal protective equipment - AUTHORIZE Fire Chief Jim Schneider explained the purpose of the equipment purchase to replace aged or damaged firefighter clothing for the year 2010. J. Perry moved to recommend that Council authorize the Mayor to sign the Goods and Services Contract with Santiam Emergency Equipment, Inc. for the purchase of Sperian personal protective equipment. The motion was seconded by D. Higgins and passed 3-0. The meeting adjourned at 5:34 PM. t Jo Thompson, Public Safety Committee Secretary 1 r r r Public Safety Committee Minutes 2 March 9, 2010 PUBLIC WORKS COMMITTEE MINUTES Monday, March 15, 2010 COMMITTEE MEMBERS PRESENT, Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:04 p.m. ITEM 1 - Approval of Minutes Dated March 1, 2010: Committee Member Harmon moved to approve the minutes of March 1, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 - Contract w/GeoEngineers, Inc. for Geotechnical Services for the S. 2241n St. SR 167 Bridge: Tim LaPorte introduced Garrett Inouye, Project Engineer and Chad Bieren, Design Engineering Supervisor. Inouye noted that the S. 2241h Street Project 3-Lane Alternative was approved by Council on April 1, 2008. The Project will extend S. 224th Street near East Valley Highway to Benson Road, which will include a bridge over SR 167 and connect 88th Avenue S to the new 1 roadway The design of the SR 167 bridge requires geotechnical explorations (drilling) at each of the four proposed bridge foundation locations. Payment for the work will be funded through pre- paid assessments from Local Improvement District (LID) No. 363 which was formed by Council on December 9, 2008 Higgins moved to recommend authorizing the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. for the purpose of conducting geotechnical exploration, laboratory testing, and completing an engineering analysis and report for the S. 224th Street/SR 167 Bridge in an amount not to exceed $78,68S.00, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 - Riverview Park Channel Restoration Proiect - Proiect Partnership Agreement w/US Army Corps of Engineers: Mike Mactutis, Environmental Engineering Manager gave a brief history of the Riverview Park Ecosystem Restoration project which is located at the end of Hawley Road adjacent to the Green River. The Riverview Park Project is indentified as a project in the Army Corps of Engineers' (Corps) Green/Duwamish Ecosystem Restoration Program and is also identified as a pnonty project in the WRIA 9 Salmon Habitat Plan. 1 The Project Partnership Agreement (PPA) between the City and the Corps is necessary for the Corps to meet the construction timeline of March 2011 and to secure Federal Stimulus Funds approved for the project In the Agreement the City agrees to pay approximately 35% of the construction costs and 65% will be paid by the Corps. The construction costs are approximately $4 4M, of which the City's cost-share is approximately $1.54M The Public Works Department has secured $500K in grant money and has applied for $690K from the King Conservation District Harmon moved to recommend authorization for the Mayor to sign the Project Partnership Agreement between the City of Kent and the US Army Corps of Engineers for the Riverview Park Channel Restoration Project, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. r PUBLIC WORKS COMMITTEE MINUTES Monday, March 15, 2010 ITEM 4 — Information Only/Spring Recycle Event at Russell Road Park: Kelly Peterson, Environmental Conservation Supervisor announced that the City is hosting their 18`h Spring Recycle Event on Saturday, March 20, 2010 from 9:00 a.m to 3:00 p.m at Russell Road Park, which is located at 24400 Russell Road. Vehicles will not be admitted after 3.00 p.m. No Motion Required/Information Only ITEM 5 — Consultant Agreements Related to the Garbage, Recycling, Yard & Food Waste Collection Contract Kelly Peterson, Environmental Conservation Supervisor explained that the current solid waste and recycling contract is set to expire on March 31, 2011 He stated that staff, with the assistance of a Citizens Solid Waste Advisory Committee, has completed a review process, and will provide recommendations to Council. City Council will approve a contractor prior to staff commencing negotiations. Professional assistance is needed to ensure solid waste utility customers and the City receive the best possible contract which includes keeping rates as low as possible; consistency with regional waste reduction goals; and meeting conservation in environmental sustainability goals set by council Peterson went on to note that Council previously authorized consultant agreements up to $75,000, related to Garbage, Recycling, Yard and Waste Collection, and Disposal/Marketing but it did not include negotiations. This $30,000 amendment will include contract negotiations and the total shall not exceed $105,000. Higgins moved to recommend Council authorize the Mayor to sign any necessary consultant agreements related to the Garbage, Recycling, Yard & Food Waste Collection contract increasing the authorized amount from $75,000 to a total of $105,000 or less, subject to the City's procurement policies and upon concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 6 Information Only/Surface Water Design Manual Update Adiustments to Meet ' Federal and State Clean Water Act Reauirements: Mike Mactutis, Environmental Engineering Manager stated that the city's Surface Water Design Manual provides requirements and standards for private developments and public projects to , manage stormwater runoff impacts from project sites The state Department of Ecology administers the federal Clean Water Act to protect our lakes, creeks, and other environmentally sensitive areas from the impacts of stormwater. Mactutis went on to explain what is needed to bring our existing Surface Water Design Manual into compliance with state and federal mandates. No Motion Required/Information Only Item 7 — Information Only/Ouiet Zone: Tim LaPorte, Public Works Director and Steve Mullen, Transportation Engineering Manager gave an informative PowerPoint presentation on the Railroad Quiet Zone This included the requirements for a quiet zone, City's prior history, as well as the next steps. ' Staff was asked to pursue a conversation with business on Titus that has a side track, as well as look further down the road at the UP crossings. PUBLIC WORKS COMMITTEE MINUTES Monday, March 15, 2010 Information Only No Motion Required Adiourned• The meeting was adjourned at 5.02 p.m. Nancy Yoshitake r 1 rCONTINUED COMMUNICATIONS A. r r 1 r r 1 1 i 1 r r 1 r r r r 1 rEXECUTIVE SESSION 1 r rACTION AFTER EXECUTIVE SESSION 1 r r r r r r r r r r r r