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City Council Meeting - Council - Agenda - 05/18/2010
P CITY OF KENT 1 . 1 City Council Meeting Agenda yyTT L F ' •_mom.�u[.� F May 18, 2010 Mayor Suzette Cooke war Jamie Perry, Council President 1 � Councilmembers Elizabeth Albertson iRon Harmon F Dennis Higgins 1 Deborah Ranniger Debbie Raplee Z KENT W RSXINGTON i ° Les Thomas CITY CLERK 1 r K al«WW'35 KENT CITY COUNCIL AGENDAS KENT May 18, 2010 Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** tCOUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Witham 10 minutes 2. Transportation Funding Proposals Tim LaPorte 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. Solid Waste Contract Advisory Committee Recognition D. Introduction of Appointees E. Kent Youth and Family Services Recognition F. Public Works Week Proclamation G. Sister City Presentation - El Grullo 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - None C. Watertree Place Release of Easement - Authorize D. 1041h Avenue SE & SE 272"d St. Sanitary Sewer Latecomer Agreement - Accept E. East Hill Operations Center Utilities Consultant Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. Transportation Master Plan Phase 2, Amendment No. 3 - Authorize G. Mill Creek Sewer Lift Station Bill of Sale - Accept H. 116th Avenue SE Street Improvements (Kent-Kangley/SE 256) - Accept as Complete I. LID 353: South 2315t Way Landscaping - Accept as Complete J. 2009 4Culture King County Performance Network Grant - Authorize K. Kent Commons Architectural Agreement Amendment - Authorize L. Riverbend Golf Complex Restaurant Lease Agreement - Authorize M. Recreation and Conservation Office Grant Application Resolution - Adopt N. Kent Arts Commission Appointments - Confirm O. Washington Auto Theft Prevention Authority Grant Award - Accept and Establish Budget P. Amendments to Criminal Code, Ordinance - Adopt Q. Amendment to City Code Regarding Exclusion from Public Facilities, Ordinance - Adopt R. Evidence Custodian Limited Term Position - Authorize S. Panther Lake Annexation Census & Population Contract for Services - Authorize T. 2009 Fire and Building Codes, Ordinances - Adopt U. Safe Havens City of Seattle Grant Award Contract - Authorize V. Goldfinch Communications LLC Cable Television Franchise 1 Introduction - Set Hearing Date 7. OTHER BUSINESS A. Comprehensive Plan Amendment, Panther Lake Comprehensive Plan Land Use EJat�-Map and Zoning Districts Map, Ordinance B. Development Fees Deferral, Ordinance and Resolution ' 8. BIDS A. SR 516 and 4th Avenue Improvements ' 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED GC MMUNICA{TI NS b — 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION ' A. Property 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. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Transportation Benefit District within the corporate limits of the City of Kent, specifying the use of funds for maintenance and preservation of existing transportation improvements, and for additional transportation improvements, authorizing the Transportation Benefit Board to Establish an Annual Vehicle License Fee; and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent Transportation Benefit District". RECITALS A. The City of Kent has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, and protection of public ways within the corporate limits of the City pursuant to Chapter 35 22 RCW. B. The improvement, maintenance, and protection and operation of public ways requires providing necessary transportation improvements and preserving existing transportation improvements to avoid catastrophic failure of the improvements which would require significant additional funds to reconstruct, as well as their gradual deterioration. 1 Transportation Benefit District C. State and regional transportation plans identity as priorities regional connectivity and the maintenance and preservation of existing ' transportation systems. See "Washington Transportation Plan for 2007- 2026, adopted by the Washington State Transportation Commission (State Transportation Plan); "Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region," Puget Sound Regional Council. , D. The State Plan and the C ty's own plans identify capital projects that are critical to the efficient movement of people and goods both locally and regionally. See Transportation Element of the City of Kent Comprehensive Plan; "City of Kent Six Year Transportation Improvement Program," "City of Kent Transportation Master Plan." E. The funding sources for the city's capital improvements and i for the preservation and maintenance of the City's transportation infrastructure have been significantly reduced in recent years. F. The City of Kent's transportation system has reached poor levels of service on some significant roadways and requires improvement to sufficient capacity to accommodate existing and foreseeable increased congestion levels. G. The City desires to improve its transportation facilities to facilitate regional connectivity and better overall transportation within the City of Kent. H. Chapter 36.73 RCW provides for the establishment of transportation benefit districts and for the utilization of additional revenue sources for transportation improvements within the District that are consistent with existing state, regional and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels 2 Transportation Benefit District I. RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36 73 RCW. J. The City desires to form a Transportation Benefit District which includes the entire City of Kent, as the corporate boundaries currently exist or are hereafter extended by annexation. K. The City provided proper notice, conducted a public hearing on and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36 73 050. L. The City Council of the City of Kent finds it to be in the best interests of the City to establish a citywide Transportation Benefit District for transportation improvements that improve regional connectivity and local levels of service; for the preservation and maintenance of the City's transportation infrastructure consistent with Chapter 36 73 RCW; to protect the City's long term investments in that infrastructure; to reduce the risk of transportation facility failure; to improve safety; to continue optimal performance of the infrastructure over time; to avoid more expensive infrastructure replacements in the future; and to implement the City's plans and programs. M. The City Council of the City of Kent shall establish a governing body for the Transportation Benefit District comprised of the City Council acting in an ex officio and independent capacity. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 3 Transportation Benefit District ORDINANCE SECTION 1. - Purpose. The purpose of this Ordinance is to , establish a Transportation Benefit District pursuant to RCW 35.21.255 and 36.73 RCW. SECTION 2. - Findings. The City Council finds it is in the public interest to provide adequate levels of funding to make transportation improvements that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels as provided in Chapter 36.73 RCW. Council further finds that it is in the public interest to provide for transportation improvements that improve regional and modal connectivity and levels of , service and that specifically focus on protecting the City's long term investments in its infrastructure, reducing the risk of transportation facility failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure replacements in the future. SECTION 3. - Create. A new chapter, Chapter 3.28 of the Kent i City Code entitled Transportation Benefit District, is hereby created to ' read as follows: Chapter 3.28 Transportation Benefit District Sec. 3.28.010 Transportation Benefit District Established. There is created a transportation benefit district to be known as the Kent Transportation Benefit District or "District" with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they are extended by future annexations. 4 Transportation Benefit District Sec. 3.28.020 Governing Board. (a) The governing board of the Transportation Benefit District shall be the Kent City Council acting in an ex officro and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36 73 RCW. (b) The treasurer of the Transportation Benefit District shall be the City Financial Services Director. (c) The Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). (d) The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (e) Meetings of the Board shall be governed by the procedural rules applicable to meetings of the Kent City Council, as the same may be amended from time to time. (f) The first action of the Board shall be to nominate and elect a chair who shall preside over all meetings of the Board. Sec. 3.28.030 Authority of the District. The Board shall have and may exercise any powers provided by law to fulfill the purpose of the District including the authority to issue general obligation bonds and revenue bonds, form local improvement districts, accept gifts and grants, and exercise the power of eminent domain; provided that, the District shall have no authority to impose taxes, fees, charges or tolls except as provided herein. Sec. 3.28.040 Use of Funds. The funds generated by the Transportation Benefit District may be used for any purpose allowed by law including to operate the District and to make transportation improvements that are consistent with existing state, regional, and local transportation plans and programs and which are necessitated by existing 5 Transportation Benefit District or reasonably foreseeable congestion levels pursuant to Chapter 36 73 RCW. The transportation improvements funded by the district shall be made in an effort to protect the City's long term investments in its infrastructure, to reduce the risk of transportation facility failure, to t improve safety, to continue optimal performance of the transportation system over time, to avoid more expensive infrastructure replacements in the future, to improve regional connectivity and the performance of local transportation systems. Additional transportation improvement projects of the District may be funded only after compliance with the provisions of RCW 36.73.050(b). After expenses, one-half of the revenues shall be used for capital improvement projects and one-half for maintenance and preservation of existing improvements. Sec. 3.28.050 Establishment of Vehicle Fee Revenue Source. The Board shall, have the authority to impose an annual vehicle license fee in the amount of twenty dollars ($20.00), consistent with RCW 36 73, to be collected by the Washington State Department of Licensing on qualifying vehicles as set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW. Sec. 3.28.060 Dissolution of District. The Transportation Benefit District shall be automatically dissolved when all indebtedness of the district has been retired and when all of the District's anticipated responsibilities have been satisfied. Sec. 3.28.070 Liberal Construction. As authorized pursuant to Chapter 36 73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be , unconstitutional or invalid, such decision shall not affect the validity of 6 Transportation Benefit District the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5, Corrections by the 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 ordinance, including the correction of clerical errors; references to local, state or federal laws, codes rules or regulations; or ordinance numbering and section/subsection numbering/lettering. SECTION 6 .- Effective Date. This ordinance shall take effect and be in force 60 (sixty) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. 7 Transportation Benefit District APPROVED: day of 2010. PUBLISHED: day of , 2010. 1 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 8 Transportation Benefit District P•\Civi I\Ordi nance\Tra nsportabonBenefitDraft051210.docx t 9 Transportation Benefit District ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 12 of the Kent City Code to add a new Chapter 12.14, "Transportation Impact Fees" authorizing the collection of transportation impact fees; providing findings and definitions; providing for the time of payment; providing exemptions and credits; providing for the establishment of a transportation impact fee account, refunds, and the use of funds; providing for administrative fees; providing for reviews and adjustments of fee schedules; providing the fee schedules for transportation impact fees; authorizing independent fee calculations, providing for the appeals of fees and other determinations; setting a fee for appeals; amending KCC 12.01.190(D);and providing for certain other revisions in connection therewith. RECITALS A. The City Council of the City of Kent (the "Council") finds that new growth and development in the City of Kent will create additional demand and need for public facilities. B. The City of Kent is authorized by Chapter 82.02 of the Revised Code of Washington ("RCW") to require new growth and development within the City of Kent to pay a proportionate share of the cost of system improvements to serve such new development activity through the 1 Transportation Impact Fees assessment of transportation impact fees. C. The transportation impact fees assessed pursuant to Ch. , 82.02 RCW must be based upon a showing that new growth and development creates additional demand and need for system ` improvements, that the impact fees do not exceed a proportionate share of the costs of such additional system improvements, and that the fees are spent for system improvements reasonably related to the new growth and development. D. The City of Kent is authorized by Ch. 82.02 RCW to impose impact fees for system improvement costs previously incurred by the City of Kent to the extent that new growth and development will be served by the previously constructed improvements. E. Impact fees may be collected and spent for system improvements that are included within a capital facilities plan element of a comprehensive plan. F. RCW 58.17.110 and RCW 58.17.060 require the Council and administrative personnel to make written findings that public facilities such as roads and streets are adequate before approving proposed subdivisions, dedications, short plats, and short subdivisions. G. To meet these requirements with respect to streets and roads, the Council finds that it must assure that streets and roads are adequate to serve new growth and development. H. The Council finds that it is in the public interest, and consistent with the intent and purposes of the Growth Management Act, RCW 36.70A et seq., for the City of Kent to adopt transportation impact fees which are uniform to the greatest extent practicable. 2 Transportation Impact Fees I. The Council has determined that the City of Kent is composed of one zone for purposes of assessing transportation impact fees. J. The City of Kent has conducted extensive research documenting the procedures for measuring the impact of new growth and development on public facilities, and has prepared the Rate Study which serves as the basis for the actions taken by the Council. iK. In developing the impact fees for public facilities contained in this ordinance, the City of Kent has provided adjustments for past and jfuture taxes paid or to be paid by new growth and development, which are earmarked or proratable to the same new public facilities that will serve the new growth and development. L. The Council hereby incorporates the following study into this ordinance by reference: "Rate Study for Transportation Impact Fees," City of Kent, dated May 2010 ("Rate Study"). The Rate Study utilizes a methodology for calculating transportation impact fees which incorporates, among other things, all of the requirements of RCW 82.02.060(1). N. The City of Kent conducted an extensive series of meetings with an advisory task force, developers, business representatives and external stakeholders. The meetings began with small group discussions with representatives of key stakeholder groups in March of 2006 and continued to the Public Works Committee of the Council on June 15, 2009. Public comment was taken and the ordinance was considered by the Council of the whole on June _,2010. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 3 Transportation Impact Fees SECTION 1. -Create New Code Chapter. The Kent City Code is amended to add a new Chapter 12.14, entitled "Transportation Impact Fees," as follows: Chapter 12.14 TRANSPORTATION IMPACT FEES Sec. 12.14.010. Title. This code shall be hereinafter known as the City of Kent Transportation Impact Fees. Sec. 12.14.020. Purpose and Intent. The purpose and intent of this chapter is for the collection of transportation impact fees for streets and roads, and providing for certain other matters in connection therewith. Sec. 12.14.030. Findings and authority The City Council of the City of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the City of Kent will create additional demand and need for system improvements in the City, and the Council finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. The City of Kent has conducted extensive research documenting the procedures for measuring the impact of new developments on public facilities, has prepared the Transportation Rate Study for City of Kent dated May 2010 ("Rate Study"), and incorporates that Rate Study into this chapter by this reference. The Rate Study utilizes a methodology for calculating impact fees that incorporate, among other things, all of the requirements of RCW 82.02.060(1). A copy of the Rate Study shall be kept on file with the City Clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts ■ this chapter to assess transportation impact fees for streets and roads. 4 Transportation Impact Fees The provisions of this chapter shall be liberally construed in order to carry out the purposes of the Council in providing for the assessment of transportation impact fees. Sec 12.14.040. Definitions. The following words and terms shall 1 have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. Accessory Dwelling Unit shall be defined in KCC 15.02.003 and such provision as amended. B. Building Permit means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure. C. Capital Facilities Plan means the capital facilities element of the City's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. D. City means the City of Kent. E. Council means the City Council of the City of Kent. F. Department means the City's Department of Public Works. G. Development Activity means any construction expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates at least one p.m. peak hour tri p. 5 Transportation Impact Fees i H. Development Approval means any written authorization from the City of Kent which authorizes the commencement of a development activity. I. Director means the Public Works Director or the Director's designee. 1. Dwelling Unit shall be as defined in KCC 15.02.130 or such provision as amended. K. Encumbered means to reserve, set aside, or otherwise earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. L. Feepayer is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. "Feepayer" includes an applicant for an impact fee credit. M. Gross Floor Area shall be as defined by KCC 15.02.110 or such >� provision as amended. N. Hearing Examiner means the examiner who acts on behalf of the City in considering and applying land use regulatory codes as provided under the Kent City Code. Where appropriate, "Hearing Examiner" also refers to the Office of the Hearing Examiner. See, KCC 15.02.186. O. Impact fee means a payment of money imposed by the City of Kent on development activity pursuant to this title as a condition of granting development approval. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling , 6 Transportation Impact Fees impact fees, or the cost of reviewing independent fee calculations. rP. Independent Fee Calculation means the transportation impact calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation impact fee other than by the use of the rates listed in KCC 12.14.190, or the calculations prepared by the Director where none of the fee categories or fee amounts in KCC 12.14.190 accurately describe or capture the impacts of the development activity on public facilities. Q. Interest shall mean a rate of interest at four percent (4%) per annum. R. ITE Land Use Code means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the Eighth Edition of Trip Generation. S. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code. T. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. U. Permit for change of use means an official document which is issued by the Building Official or Planning Manager or their designees and which authorizes a change of use of an existing building or structure or land and does not require a building permit. V. Planned Unit Development or PUD shall have the same meaning as set forth in the KCC 15.08.400. W. P.M. Peak Hour means the sixty-minute period between 4:00 and 7 Transportation Impact Fees 6:00 p.m. which experiences the highest volume of traffic on a road or street or passing through a road or street intersection. X. P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. 1 Y. Project Improvements mean site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the Council shall be considered a project improvement. Z. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the City of Kent or other governmental entities: public streets and roads. AA. Rate Study means the "Rate Study for Transportation Impact Fees," City of Kent, dated May 2010. BB. Residential or Residential Development means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. CC. RCW means the Revised Code of Washington or, when followed by a numerical designation, a provision of the Revised Code of Washington. DD. Square Footage means the square footage of the gross floor area of the development. t EE. Street or Road means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which 8 Transportation Impact Fees enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." FF. System Improvements for purposes of this chapter means public transportation facilities that are included in the City of Kent's capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. GG. Transportation means public streets and roads and related appurtances. HH. Transportation Impact Fee Account(s) means the separate accounting structure(s) within the city's established accounts which structure(s) shall identify separately earmarked funds and which shall be established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.100, and shall comply with the requirements of RCW 82.02.070. Sec. 12.14.050. Transportation Impact Fees Methodology and Applicability. The transportation impact fee rates in KCC 12.14.190 are generated from the formulae for calculating impact fees set forth in the Rate Study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in KCC 12.14.070, exemptions in KCC 12.14.080, and credits in KCC 12.14.090, all new development activity in the City will be charged the transportation impact fee applicable to the type of development as set forth in the Transportation Impact Fee Schedule in KCC 12.14.190. Sec. 12.14.060. Assessment of Impact Fees. A. The City shall collect impact fees, based on the rates in KCC 9 Transportation Impact Fees 12.14.190, from any applicant seeking development approval from the City for any development activity within the City, where such development activity requires the issuance of a building permit or a permit for a change in use. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional public facilities as well as a change in existing use that creates a demand for additional public facilities. B. For a change of use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. No reduction based on prior use shall be make for a structure that has been vacant or otherwise not actively in that prior use for a period of one year or longer. C. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in KCC 12.14.190. D. Time of Assessment (1). Transportation Impact fees shall be assessed at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fee rates then in effect. Transportation impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. (2) Until December 30, 2013, at the time of issuance of any single 10 Transportation Impact Fees family residential building permit, the feepayer may defer payment of the traffic impact fee by executing a lien in favor of the city in the amount of traffic impact fee to be in effect at the time of closing of the sale of the dwelling unit. The city shall record the lien against the real property and the lien amount shall be paid to the city at the time of closing of the sale of the real property and single family residence. (a). A feepayer who chooses to defer the traffic impact fee must combine the lien with any other liens for deferred fees as set forth in KCC 12.11.090. (b). A feepayer selling real property subject to the lien under this subsection (2) must provide written disclosure of the lien to a purchases or a prospective purchaser at the same time the seller provide disclosure as required by Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the lien amount will be paid to the City at the time of closing. E. Feepayers that have been allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter or certificate prepared by the director pursuant to KCC 12.14.190 setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time a building permit or permit for a change of use is issued. F. Where the impact fees imposed are determined by the square footage of the development, a deposit shall be due from the feepayer at the same time that a complete application for a building permit is submitted. The deposit shall be based on an estimate, submitted by the feepayer, of the size and type of structure which will be constructed on the property. In the absence of an estimate provided by the feepayer, the 11 Transportation Impact Fees Department shall calculate a deposit amount based on the maximum allowable density/intensity permissible on the property. If the final square footage of the development is in excess of the initial estimate, any difference will be due prior to the issuance of a certificate of occupancy or an occupancy permit, using the rate in effect at that time. The feepayer shall pay any such difference plus interest, calculated at the interest rate which the City of Kent then earns. If the final square footage is less than the initial estimate, the Department shall give a credit for the difference, plus interest at the interest rate which the City of Kent then earns. G. The Department shall not issue the required building or the permit for the change of use until the impact fees set forth in KCC 12.14.180 have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. Sec. 12.14.070. Independent Fee Calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. B. A feepayer may opt not to have the impact fees determined according to the fee structure in KCC 12.14190, in which case the feepayer shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish impact fees set forth in KCC 12.14.190, shall be limited to adjustments in trip generation rates and 12 Transportation Impact Fees lengths used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. C. Any feepayer submitting an independent fee calculation will be required to pay the City of Kent a fee to cover the cost of reviewing the independent fee calculation. The fee required by the City for conducting the review of the independent fee calculation shall be five hundred dollars ($500.00), unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. 1 D. There is a rebuttable presumption that the calculations set forth in the Rate Study and the fee set forth in the Fee Schedule are valid. The director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefore shall be set forth in writing and shall be mailed to the feepayer. E. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in KCC 12.14.110. Sec. 12.14.080. Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space, add any residential units 13 Transportation Impact Fees or generate any additional p.m. peak trips. 2. Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional p.m. peak hour trips are not generated. 4. A change of use that does not generate one or more p.m. peak hour trips. 5. Any building permit or permit for a change in use application that has been submitted to the City before 5:00 p.m. the business day before the effective date of this chapter and subsequently determined to be a complete application, based on the information on file as of the effective date of this chapter. B. The director shall be authorized to determine whether a particular ' development activity falls within an exemption identified in this KCC, in any other KCC, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110 and KCC 12.01.190. Sec. 12.14.090. Credits for Dedications, Construction of Improvements, and Past Tax Payments. A. A feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the feepayer. The application for credits shall be presented by the feepayer on forms to be provided by the department and shall include the content designated in such forms. Credits will be given only if the land, improvements, and/or the facility constructed are: 1. Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan; and 14 Transportation Impact Fees 2. Are at suitable sites and constructed at acceptable quality as determined by the City; and 3. Serve to offset impacts of the feepayer's development activity; and 4. Are for one or more of the transportation projects listed in the rate study as the basis for calculating the impact fee. B. The director shall determine if requests for credits meet the criteria in subsection A, above or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure - set forth in KCC 12.14.110 and KCC 12.01.190. C. For each request for a credit or credits the director shall select an appraiser or, in the alternative, the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be an MAI (Member of the American Institute of Appraisers) and be licensed in good standing pursuant to RCW 18.40 et.seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case-by-case basis. The resulting appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review by the director and, at the director's discretion, an independent review appraiser selected by the director. F. The feepayer shall pay for the actual costs for the appraisal and the review. G. After receiving the appraisal, the director shall provide the applicant is Transportation Impact Fees i with a letter or certificate setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The feepayer must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within sixty (60) calendar days shall nullify the credit. If credit is denied, the feepayer shall be notified in a letter that includes the reasons therefore. H. No credit shall be given for project improvements. I. A feepayer may request that a credit or credits for impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for past tax payments for system improvements. 1. Any claim for credit must be made no later than fourteen (14) calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this Section shall be subject to the appeals procedures set forth in KCC 12.14.110 below; Provided, however, that appeals under this section must be made within fourteen (14) calendar days after the director's decision is mailed to the feepayer seeking the credit, such time to be calculated pursuant to KCC 16 Transportation Impact Fees 12.01,190. Sec. 12.14.100. Adjustments for Future Tax Payments and Other Revenue Sources. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study has provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in KCC 12.14.190 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. Sec. 12.14.110. Review by Director and Subsequent Appeals. IA. A feepayer may pay the impact fees imposed by this title under protest so that the building permit or permit for a change in use can be issued. No appeal shall be permitted until the impact fees at issue have been paid. B. Requests for review regarding the impact fees imposed on any development activity may be filed only by the feepayer for the development activity at issue. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the City; 2. The request for review by the director shall be filed within fourteen (14) calendar days after the feepayer's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. No administrative fee will be imposed for the request for review by the director; and 4. The director shall issue his/her notice of determination in 17 Transportation Impact Fees writing. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in KCC 12.14.070, or any other determination which the director is authorized to make pursuant to this chapter, may be , appealed by the feepayer to the hearing examiner per KCC 2.32.090(5). E. Appeals shall be taken in accord with the process set forth in KCC 12.01.190., provided, however, that only the feepayer may bring an appeal. F. At the time of filing of the appeal, the feepayer shall pay an appeal ' fee in the amount of two hundred and fifteen dollars ($215.00). G. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be the final determination of the City unless remanded to the department as provided in section H below. H. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded. Sec. 12.14.120. Establishment of Impact Fee Accounts. A. Impact fee receipts shall be earmarked specifically and deposited in one or more special interest-bearing accounts. 18 Transportation Impact Fees B. The City shall establish one or more separate impact fee accounts for the fees collected pursuant to this chapter: Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account(s) and expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the Council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings of extraordinary fand compelling reasons for the City to hold the fees beyond the six (6) year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or encumbered. Sec. 12.14.130. Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. Sec. 12.14.140. Refunds and Offsets. A. If the City fails to expend or encumber the impact fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to KCC 12.14.120, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. 19 Transportation Impact Fees B. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of record of the real property against which the impact fee was assessed. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the system improvements for which they were collected. E. Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the City. F. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year At the end of one (1) year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. 20 Transportation Impact Fees G. The City shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three (3) years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.150. Use of Funds. A. Pursuant to this title, transportation impact fees: 1. Shall be used for system improvements that will reasonably Ibenefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for system improvements to streets and roads as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the City to the extent that new 21 Transportation Impact Fees growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements for which transportation impact fees may be expended, such impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. Sec. 12.14.160. Review of Rates. The fee rates set forth in the Rate Study may be reviewed and adjusted by the Council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the City's comprehensive plan. Effective January 1, 2012, there shall be either an adjustment of the fee rates by the Council or if no such adjustment is made, the fee rates shall change automatically by the same percentage change as in the most recent annual amendment to the Washington State Department of Transportation Construction Cost Index. Sec. 12.14.170. Administrative Fees. A. For each transportation impact fee assessed, there shall be charged an administrative fee in an amount of three hundred dollars ($300.00) or three percent (3%) of the amount of the total traffic impact fee determined from the fee schedules, whichever is lesser.. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee account(s). Administrative fees shall be used to defray the city's actual costs associated with the assessment and collection of the transportation impact fees, including but not limited to, review of independent fee calculations and the value of credits. An Administrative fee is not creditable or refundable. 22 Transportation Impact Fees B. The administrative fee shall be paid by the feepayer at the same time as the impact fee. Sec. 12.14.180. Existing Authority Unimpaired. Nothing in this title shall preclude the City from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapter 43.21C RCW and Chapter 82.02 RCW. Sec. 12.14.190. City of Kent Transportation Impact Fee Schedule. TO BE PROVIDED BY CONSULTANT. 23 Transportation Impact Fees SECTION 2. - Table of Contents and Captions. The table of contents is for convenience only and forms no part of this chapter enacted by this ordinance. The chapter and section captions used in this title are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this title. SECTION 3. - Severability. If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other chapter or any other section of this title. SECTION 4. - Short Title. Ch. 12.14. KCC created by this ordinance shall be known and may be cited as "the City of Kent Transportation Impact Fee Ordinance." SECTION S. - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6. - Effective Date. This ordinance shall become effective sixty days (60) days from the date of enactment. SUZETTE COOKE, MAYOR ATTEST: 24 Transportation Impact Fees BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12010. APPROVED: day of 12010. PUBLISHED: day of , 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P \Civil\Ordinance\TransportationImpactFees50%051210 docx 25 Transportation Impact Fees CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC r r PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION �1 B) COMMUNITY EVENTS 1 C) SOLID WASTE CONTRACT ADVISORY COMMITTEE RECOGNITION D) INTRODUCTION OF APPOINTEES E) KENT YOUTH AND FAMILY SERVICES RECOGNITION 11n k� �,-,.4-oc- Gv —, IzZJaT /,/Vv ,- S -7:a s qn Qi✓i h r Yz'��O���C F) PUBLIC WORKS WEEK PROCLAMMATION fir, G) SISTER CITY PRESENTATION - EL GRULLO 7 nk-,0a /) 1 fo f Q a-3 1 PROCLAMATION i WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill-of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim the week of May 17, 2010 as "NATIONAL PUBLIC WORKS WEEK" In the City of Kent, Washington, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions that public works officials make every day to our health, safety, comfort and quality of life. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 18th day of May 2010. bn 1 icynFjjyyppLL V p A i } p uze e Cooke, Mayor KENT WASHINGTON t iKent City Council Meeting Date May 18. 2010 iItem No. 6A - 6B ' CONSENT CALENDAR 6. City Council Action: iCouncilmember 0 J414 moves, Councilmember �d seconds to approve Conse t Calendar Items A through V. i Discussion ' Actions 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of May 4, 2010. i 6B. Approval of Bills. iNumbers were not available for approval. 1 1 i ' Kent City Council Meeting KEN1' May 4, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tern Perry. Councilmembers present: Albertson, Harmon, Higgins, and Ranniger. Mayor Cooke and Councilmembers Raplee and Thomas were excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item T was added by Council member Harmon, and CAO Hodgson added Item C to the Executive Session. B. From the Public. (CFN-198) Continued Communications Items A and B were added at the request of members of the audience. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no items for public recognition. B. Community Events. (CFN-198) Ranniger announced that the 47`h Annual Junior Olympics is being held on May 8. C. Legislative Update. (CFN-198) Senator Claudia Kauffman gave an update of the 2010 Legislative session including issues relating to transportation, the budget, protecting the Green River Valley, fostering the business climate, early learning, and assisting the military and veterans. D. Introduction of Appointees. (CFN-198) Human Services appointees Ted Schwarz, David Watson, and Broderick Phillips were introduced and welcomed. It was noted that Pauline Thomas has been reappointed to the Civil Service Commission by Mayor Cooke. Mike Heinisch of the South King Council of Human Services thanked ' the Council for their support of the joint online human services funding application for 2011-12, which can be submitted to any city in South King County. ' E. Economic and Community Development Report. (CFN-198) Kurt Hanson of the Economic and Community Development Department reported on the City's recent meeting with Federal Aviation Association personnel regarding a potential location in Kent. He described businesses which will soon move into Kent, and noted that there have been some leads on the Post Office building. ' CONSENT CALENDAR Harmon moved to approve Consent Calendar Items A through T. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of April 20, 2010, were approved. ' B Approval of Bills. (CFN-104) Figures were not available. ' 1 Kent City Council Minutes May 4, 2010 , C. Safe Havens Services Grant. (CFN-118) The King County Domestic Violence ' Grant of $10,000 to fund Safe Havens services was accepted, amendment of the ' budget was authorized, and expenditure of funds in the Safe Havens budget was authorized. D. 4Culture Grant for Fourth of July Splash. (CFN-118) A $6,500 grant from 4Culture to restore professional performances at the 2010 "Fourth of July Splash" event was accepted, amendment of the budget was authorized, and expenditure of ' funds in the Fourth of July Splash budget was authorized. E. Kent Station Sponsorship Agreement for Concerts. (CFN-839) The $6,000 ' sponsorship from Kent Station to partially fund summer concert performances was accepted, amendment of the budget was authorized, and expenditure of funds in the Arts Commission budget, was authorized. , F. Park and Open Space Plan Ordinance. (CFN-118) Ordinance No. 3950 regarding the Park & Open Space Plan (the "Plan") was adopted. The Plan update , process re-examined the vision for Kent Parks and prioritized next steps for the short and long term future. The Plan analyzes the most recent census information, provides an updated park and open space inventory, updates level of service and , goals and policies and recommends long and short term capital projects. The Plan includes four core themes: Kent's Legacy, Athletic Fields, Green Kent and Connectivity; and will be used to direct future development, acquisition and , renovation of parks and open spaces. G. Capital Facilities and Park & Open Space Elements, Comprehensive Plan ' Amendment, Parks Master Plan, Ordinance. (CFN-118,377,961) Ordinance No 3951 amending the Capital Facilities Element and the Park & Open Space Element of the City's Comprehensive Plan to ensure consistency between the Comprehensive Plan Elements and the Park & Open Space Plan was adopted. Pursuant to the Growth Management Act, the Park & Open Space Plan must be incorporated into the City's Comprehensive Plan in order for it to be used as a policy document for implementa- tion purposes. , H. Capital Facilities Element, Comprehensive Plan Amendment, Transporta- tion, Ordinance. (CFN-164,377) Ordinance No. 3952 amending the Capital ' Facilities Element of the City's Comprehensive Plan to revise the inventory of streets and bridges and update language to reference the 2008 Transportation Master Plan was adopted. I. SR 516 & 4th Avenue Improvements Consultant Agreement with Magnan Consulting Services. (CFN-171) The Mayor was authorized to sign the consultant ' services agreement with Magnan Consultant Services Inc., in the amount of $25,147.50 for the purpose of providing materials testing and inspection services related to the SR 516 and 4th Avenue Improvements project. ' J. Tacoma Second Supply Proiect Hybrid Filtration and Bond Sale. (CFN-104,1065) The Mayor was authorized to sign all documents to form and ' construct the Hybrid Filtration alternative for the Tacoma Second Supply project, to 2 ' ' Kent City Council Minutes May 4, 2010 participate with the SSP partners to select the most economically advantageous bonds, and to issue those bonds as necessary to complete construction of the Hybrid Filtration alternative. ' K. Fairway Crest Bill of Sale. (CFN-484) The Bill of Sale for the Fairway Crest project for 6 sanitary sewer manholes, 617.3 linear feet of sanitary sewer line, 234 linear feet of new street, 3 storm sewer manholes, 6 catch basins, 8,143 cubic ' feet of detention pond storage, and 686 linear feet of storm sewer line was accepted. L. Puniab Bill of Sale. (CFN-484) The Bill of Sale for the Punjab Plat for 6 gate valves, 1 hydrant, 725 linear feet of watermain, 12 sanitary sewer man-holes, 1170 linear feet of sanitary sewer line; 450 linear feet of new street, 4 storm sewer manholes, 4 storm sewer catch basins, 9000 cubic ft of detention pond storage, and ' 340 linear feet of storm sewer lines was accepted. M. Scenic Heights (aka Scenic Hill) Sewer Extension Bill of Sale. (CFN-484) The Bill of Sale for the Scenic Hill Sewer Extension project for 2 sanitary sewer man- holes, and 203.5 linear feet of sanitary sewer line was accepted. N. Kent Human Services Commission Appointments. (CFN-873) The Mayor's appointment of Ted Schwarz, David Watson and Broderick (BJ) Phillips to the Human Services Commission was confirmed. Mr. Schwarz's term will expire January 1, 2013, Mr. Watson's term will expire January 1, 2011, and Mr Phillips' term will expire on January 1, 2011. ' O. Civil Service Commission Reappointment. (CFN-122) The Mayor's reappoint- ment of Pauline Thomas to the Kent Civil Service Commission was confirmed and Ms. Thomas' term will expire April 30, 2016. P. Verdana (aka Bridges) Modification to Planned Unit Development Ordinance. (CFN-1314) Ordinance No. 3953 approving the Revised Major Modification to the Verdana Planned Unit Development (PUD) (PUD 2004-4(R)) was adopted. 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 Council voted on April 20, 2010, to adopt the Hearing Examiner's recommendation with two modifications. Q. Development Fee Deferral, Public Hearing By Economic & Community Development Committee. (CFN-1000) The Economic & Community Development Committee was authorized to hold a public hearing to consider deferral of mitigation fees that the City collects for construction of single family homes. 3 Kent City Council Minutes May 4, 2010 R. Excused Absences for Councilmembers Raplee and Thomas. (CFN-198) , Excused absences from tonight's meeting for Councilmembers Raplee and Thomas were approved. S. Green River Levee Schedule 1C. (CFN-1318) The Green River Levee Schedule ' 1C Project was accepted as complete and release of retainage to SCI Infrastructure, Inc., upon receipt of standard releases from the State and release of any liens was authorized. The original contract amount was $ 266,973.32. The final contract ' amount was $279,106.04. ADDED ITEM ' T. Mayor's Absence. (CFN-198) An excused absence from tonight's meeting for Mayor Suzette Cooke was approved. OTHER BUSINESS ' A. S. 228t" Street Union Pacific Railroad Grade Separation Agreement. (CFN-1269) Public Works Director LaPorte stated that there are five grade separation projects in the Transportation Master Plan, and that commuters and businesses spend approximately 2-1/2 hours a day waiting for trains. He pointed out that an agree- ment is needed with either railroad to build a crossing, and that under Federal law, railroads are required to pay 5% of eligible project costs for construction of railroad grade separations. LaPorte explained the agreements with the Freight Mobility Strategic Investment , Board (FMSIB) and the recommended changes to funding of projects. Harmon moved to authorize the Mayor 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 to forego extension of the existing FMSIB agreement for the Union Pacific Railroad's contribution to the S 212th and Willis Street Grade Separation Projects. Ranniger seconded and the motion carried. ' B. Animal Control Services Agreement. (CFN-1319) King County terminated its animal control contract with Kent and other cities in King County effective June 30, , 2010, and has provided Kent with a new 2-1/2 year contract which continues animal control services including field and sheltering beginning July 1st Parks Director Watling noted that staff has researched options including continuing a contract with the county, creating a sub-regional model, managing animal control independently, and doing nothing. He outlined the contents of the proposed agreement, including the creation of four districts in the county, identifying shelter staff, setting population goals, and negotiating transition funding. He said the recommendation of the Operations Committee is to proceed with the 2-1/2 year agreement, and clarified that the facility will continue to be located in Kent. Watling noted for Perry that all cities ' are making independent decisions on animal control services and forwarding them to King County this week, and that figures may change based on those decisions. He said the interlocal agreement with firm numbers will come to Council at a later date. , Albertson then moved to authorize the Mayor to enter into a contract with King County for animal control services for the time period of July 1, 2010 to December 31, 2012, and to adjust the budget accordingly. Ranniger seconded and the motion , carried 4 ' Kent City Council Minutes May 4, 2010 ' REPORTS ' A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. ' D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will meet on May 131n rather than on the 201n ' E. Economic & Community Development Committee. (CFN-198) Perry noted that the Panther Lake annexation zoning will appear on the next City Council agenda. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p.m. on May 11. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson reminded everyone of the annexation open house to be held on May 11, and that there are three items for discussion during the executive session. He added that there will be action after the regular meeting reconvenes and estimated the length of the executive session at 30 minutes. Economic and Community Development Director Ben Wolters then reported on Mayor Cooke's activities in Washington D.C. related to flooding issues. CONTINUED COMMUNICATIONS A. Bonel Mobile Home Park. (CFN-822) Greg Blount, Executive Director of Manufactured Housing Community Preservationists, 9462 Rainier Avenue South, Seattle, explained that they will be submitting an application to King County for funding to preserve and renovate Bonel Mobile Home Park, and asked the Council to support their application. The Council was also invited to attend a tour of the facility on May 6. Ada Ramos, a resident of the park, spoke in favor of the request, noting that the park provides affordable housing and security for the children who live there. B. Rezone in Annexation Area. (CFN-121) Jim Sturgul, a resident of the Panther Lake Annexation area, suggested rezoning a portion of 116th to provide restaurants, delis, cafes, and so forth, within walking distance of residences. Mayor Pro Tern Perry suggested that Sturgul meet with Fred Satterstrom, and Ranniger pointed out that similar suggestions have been made at the Economic and Community Development Committee meetings. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:30 p.m. and reconvened at 9:04 p.m. ACTION AFTER EXECUTIVE SESSION A.Labor Negotiations. (CFN-198) Harmon moved that the Mayor be authorized to sign a one-year contract extension agreement effective January 1, 2011, to 5 Kent City Council Minutes May 4, 2010 December 31, 2011, with the Kent Police Officers Association. Higgins seconded and the motion carried. ' ADJOURNMENT The meeting adjourned at 9:05 p.m. (CFN-198) ' Brenda Jacober, CMC ' City Clerk 6 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6C 1. SUBJECT: WATERTREE PLACE RELEASE OF EASEMENT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign and record a Release of Document in order to remove a slope easement encumbrance against a portion of the Watertree Place Plat, upon final terms acceptable to the City Attorney and ' Public Works Director. The slope easement was recorded in 1989 under King County recording number 8906281404 concurrently with a deed for relocating a portion of 6`h Avenue S. The easement crosses the westerly portions of lots 1, 19 through 21, two streets and a portion of Tract 4, and a private sensitive area Tract in the plat of Watertree Place. Watertree Place was recorded in 2008 and the slope easement has been determined by City engineers to be unnecessary. The encumbrance created by the slope easement also limits the development of the lots it crosses. For these reasons the developer has requested, and staff agrees, that the City should release the slope easement. 3. EXHIBITS: Memo dated 4/14/10 and backup 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds DISCUSSION: ACTION: ' PUBLIC WORKS DEPARTMENT Timothy J 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: April 14, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date- May 3, 2010 From: Mike Gillespie, Development Engineering Manager Through: Timothy J. LaPorte P.E., Public Works Director Subject: Watertree Place - Release of Easement Motion: Authorize the Mayor to execute the attached release of slope easement. Summary: A slope easement was recorded in 1989 under recording number 8906281404 concurrently with a deed for relocating a portion of 641" Avenue S. The easement crosses the westerly portions of lots 1, 19 through 21, two streets and a portion of Tract 4, a private sensitive area Tract in the plat of Watertree Place. With the recording of the plat of Watertree Place in 2008 the slope easement has been determined by City engineers to be unnecessary. It also limits the development of the lots it crosses. For these reasons the developer has requested that the City release the easement. 1 Budget Impact: None ' WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Reference Number of Related Document: 8906281404 Grantor(s): City of Kent Grantee(s): The Public Abbreviated Legal Description: Watertree Place auditor's no. 20081106001062 and that portion of the west 1/2 Blk 1 Suppi plat Meeker's First Add Vol. 5/Page 96 Assessor's Tax Parcel No.:5436200005, 9198010010, 9198010190, 9198010200, 9198010210, 9198010270, & 9198010460 Project Name: Watertree Place STR: SE 14-22-4 Permit/Receipt No. 2081996 RELEASE OF DOCUMENT The Grantor of this Instrument does hereby release that Cut, Fill and Slope Easement, recorded under King County Auditor's File #8906281404 and attached hereto as Exhibit A. SAID RELEASE IS A FULL RELEASE OF ALL LANDS DESCRIBED IN THE AUDITOR'S FILE NUMBER REFERENCED HEREIN Dated: , 2010 ' CITY OF KENT: Grantor: City of Kent Mayor Property services/p/public/propmgmt 04142010 frank g Page 1 of 2 STATE OF WASHINGTON } , }SS COUNTY OF KING ) On this day of , 20 , before me the ' undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the Mayor of the City of Kent, the corporation that executed the foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed Is the corporate seal of said municipality. WITNESS my hand and official seal hereto affixed the day and year first above written, Print Nam Notary Public in and for the State of Washington, residing at My Commission Expires r Property services/p/public/propmgmt 04142010 frank g Page 2 of 2 _ IH1S OISY AIrI]aR ItEGp lN(I MAIL TO }I�CEtYEO To ... . CUT, FILL & SLOPE .EASEMENT PROPERTY MANAGEMENT FOR PUBLIC RIG Fi S-Q,1� Y CITY OF KENT (IndiXkcNal F M 220 4TH AVENUE SOUTH ' KENT. WA 96032 RECORDS$M' 1L2{$ ATTN s Gerald ot MaaCa +a an XING CQIIN&CZI, ti s g,�573 S in the matter of DIRiL Know All Men by These Presents, that tadward A. 10910-. and Husband and Wi _ _ for and ' in consideration of j1lGt_..,._.�.,_,., _ __ __. , do ' hereby grant and warrant unto the City of Rent, the �r perpetual right, permit, license and easement to use and occr,py the i�® hereinafter described lands for the purpose of constructing and mr,irit:aining highway slopes in excavation and/or embankment, said ).ands being situated (�( in KING County, State of Washington, and described as follows: M t\ See 'exhibit 'A' e91106128 411404 IR RliOD F B.W CASHSL w***6.00 35 Dopu)y w ;the specific details concerning all of which are to be Pound within that w ertain map of definite location now of record and on file in the office of �yrthe City Engineer at Kent, Washington, It being uvder4tood and agreed that in the event that the grantor, his heirs, or aasicfns, shall exoavate and/or place an embankment upon the area 4-, covered by this slopa easement to the level of tae grade of the above- mentioned highway abutting thareon, all rights of the grantee herein shall cease and terminate. 1 Dated this 6" day of -rl'/✓�� / !. .•t. '^,._,�,�-y` ACC � 7 r STATE OF WASHING".'ON COUNTY OF KING ) I, the undersigned a Notary Public in and for the State o` Waa.:!nytonf da hereby certify that on this Y- • riay o. � ' Y 19 _, personally appeare:i before me ,11t�6��j__{t,_ g�olo �Ilg..12gLX_F,s.�RgQiQs t s P�.ctilSi W<i� to me known to be ' the lydividual described in and who executed the foregoing inr.tr%nent arl acknowledged that n T__ signed and sealed the same as t?lair__ ftee and voluntary act and dsed, for the uses and purposes tbereir: met:tionad. ' GIVEN under my hand and official seal the day and year first above � written. i 'Cary >'ubl c In and for ••th��stile of tvrab'ngton, Residtr,g ats �i1%!y I tSoS My commtssion LID #330 ' PARCELt$155735 £XHIAIT 'A' Ar"/ I THAT PORTION OF THE WEST ONE-HALF OF BI,OCK 1, SUPPLEMENTAL PLAT OC MEEKER'S FIRST ADOITXON TO THE TOWN OF KEN'T, ACCORDING TO THE PLAT T11BREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 96, RECORDS OF KING (!OUNTYs WASHINGTON, SAID PORTION BEING MORE PARTICULARLY DISCRIBED AB FOLLOWSt , COHHuNCING AT THE NORTHWEST CORNER OF SAID BLOCK 1; THENCE ALONG THE WEST LINE TIIEREOF 500'52143"W 10.00 FEET TO T1:E SOU'CH LINE. OF THE LANDS DESCRIBED IN 7TAT CERTAIN ' Q DOCUMENT RECORDED UNDER :ACORDING NUMBER 88082602J3, RECORDS d OF SAID COUNTYI p4 THENCE ALONG SAID SOUTH LINE F89'Oi'41"E 39.53 FEET TO THE Q� TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE R89'01'40F. 5.00 ' FEET; m THENCE LEAVING SAXU SOUTH LINE 900.27'06"E 19.81 FEET) THSOCE S00.52'43"ri 135.12 FEET; THGNCR N89`07'i7"Yi 5.00 FEE'! '10 A POINT IIEFEINAFTER REFERRED TO 49 POINT 'A'I THEhC$ 1,00'52'4305 135.07 FEET; THENCE N00'21'06"W 19.94 r48T TO THE TRUE POINT OF BEGINNINGI ALSO CUMMFNCING AT THE ARRSINABOVE UESCRIBEU P%WT 'All lrfjr:NCE S00'52143"W 164.18 FVFT TO THE BEGINNING 0. A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 560.00 FI:F.T; ` THENCP SOUTHERLY 75.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07*44134" TO A RADIAL LLNE OF SAID CURVE W,11CH SEARS 983'08'0911W AND THE TRUE POINT OF 119GINNING) THENCE },LONG SAID RALrtAL LINE H83'00'09"E 5.00 FEET TO THE ' BEGINNING OF A NON-TANGENT CURVE CONCAVE TO I'M NORTHEAST HAVING A RADIUS OF 555.00 F&7TJ THBNCC; SOUT118RLY AND SOUTHEASTERLY 19U.)•7 FEET ALONG SAID CURV9 1,1`tiROUGH A CENTRAL ANGLE OF 19*31157" TO A RADIAL LINE OF SAvD CURVF WHICH BEARS 663`30'42"W. TRENCH ON THE PROLONGATION OF SAID RADIAL 5.00 FEFT TO '1')IF BEGINIIING OF A NON-TANGENT CURVE CONCAVE TO 471E NORTHEAST HAVING A RADIUS OF '360.00 FEE'P.• THENCII NORTHEASTERLY AND NORT;:ERI,Y 191.68 FEET ALONG SAID CURVE 11114OUGH A CENTRAL ANGLE Ow 19.37'S7" '"0 TfJr, TPUH POtN'C OF HEf,INNlnu. ALL CONTAINS 1,730 SQUARE, FLET, MORF OR LESS. SLTUAPE IN KRNT, WASHINGTON, ' C r u ' r Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6D I 1. SUBJECT: 104T" AVENUE SE & SE 272N11 ST. SANITARY SEWER LATECOMER AGREEMENT - ACCEPT 2. SUMMARY STATEMENT: Authorize the Mayor to accept the latecomer agreement from Kent Utilities, LLC and its referenced documents for a sanitary sewer conveyance line and a sanitary sewer lift station that were installed for the plats of Benchmark and Medallion of Kent, upon final terms and conditions acceptable to the City Attorney and the Public Works Director. Kent Utilities, LLC, the developer, has requested to be reimbursed for constructing 2,999 linear feet of sanitary sewer conveyance line. The developer also requested to be reimbursed for a sanitary sewer lift station that was built. The two sanitary sewer improvements were constructed to service the plats of Benchmark and Medallion as well as the surrounding areas. The Sewer Latecomer Agreement provides that developer will be reimbursed by those later developers who tap into or use the sewer improvements constructed by the developer, based on a pro-rata basis. 3. EXHIBITS: Memo dated 4/14/2010 and Sewer Latecomer Agreement and backup 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: tCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 KENT Fax- 253-856-6500 WASHI 4DTON Address 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 14, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: May 3, 2010 From: Mike Gillespie, Development Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: 104'" Ave. SE and SE 272"d St. Sanitary Sewer System Latecomer Agreement Motion: Recommend Council accept the Latecomer Agreement and its referenced documents for a sanitary sewer conveyance line and a sanitary sewer lift station that were installed for the plats of Benchmark and Medallion of Kent upon approval of final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The developer requested to be reimbursed for constructing a 2,999 linear feet of sanitary sewer conveyance line for a total cost of $151,578.39. The developer also requested to be reimbursed for a sanitary sewer lift station built at a cost of $1,067,249.43. These two sanitary sewer improvements were constructed to service the plats of Benchmark and Medallion as well as the surrounding areas as indicated in the attached documentation. Budget Impact: None WHEN RECORDED RETURN TO: Engineering/Property Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: Kent Utilities, LLC Grantee: City of Kent Abbreviated Legal Description: portions of SW 1/4 Sec 29 Twp 22 N Rge 05 E Additional Legal Description on page see Exhibit C1 and C2 of Document. Assessor's Tax Parcel ID No. see Exhibit C1 and C2 STR: 29 / 22 N / 05E Project Name: COK 156 104TH AVE SE LATECOMER SEWER RECC 2051692/2050869 BENCHMARK/MEDALLION SEWER LATECOMER AGREEMENT This Agreement made this day of , 2010, between the City of Kent, a Municipal Corporation, hereinafter called ("City"), and Kent Utilities, LLC, a Washington Limited Liability Corporation, hereinafter called ("Owner"), WHEREAS Owner has constructed at its expense a sewer lift station and sewer line, hereafter called ("Improvements"), and; j WHEREAS the parties desire to provide that any real property tax parcel ("Parcel") benefitted by tapping onto or using the Improvements pay a fair pro-rata Sewer Latecomer Agreement Page 1 of 5 r share of the cost ("Latecomer Charge(s)") of the Improvements in accordance with r Chapter 35.91 of the Revised Code of Washington. DO NOT CALL CITY STAFF TO VERIFY THE CONNECTION AMOUNT TO CLEAR EXCEPTIONS. Refer to "Exhibit CI and C2" by tax parcel number to determine the associated sewer connection charge pursuant to RCW 35.92.025. This notice DOES NOT constitute a lien on the properties described herein and is collectable only when an application is made to tap onto the line herein described. TO MAKE A PAYMENT SEE EXHIBIT "A" NOW, THEREFORE, in consideration of the mutual covenants herein , contained, the parties agree as follows: 1. The Owner has constructed a sewer lift station for a total cost of $1,067,249.43 and a sewer line for a total cost of $151,578.30. 2. The Owner does grant and convey the Improvements to the City free r of any liens or encumbrances and the City hereby approves and accepts the Improvements which approval and acceptance was authorized by motion duly seconded and passed at a regular City Council meeting on the day of 20_. 3. The Improvements specially benefit real property in King County, ' Washington as described on the Boundary Maps attached as Exhibit BI for the sewer lift station and Exhibit B2 for the sewer line. 4. To partially reimburse Owner for the special benefits, a portion of Owner's costs shall be distributed to the Parcels benefitted. 5. In accordance with Chapter 35.91 of the Revised Code of Washington, Latecomer Charges will be collected by the City for any Parcel shown on Exhibit C1 for the sewer lift station and Exhibit C2 for the sewer line, if such Parcels tap onto or use the Improvements. 6. After acceptance of the Improvements by the City and after the expiration of any period during which the Improvements are warranted as to workmanship by the Owner, the City shall be responsible for any and all maintenance and operation costs of the Improvements. The Improvements shall be adopted as facilities of the City and the City may charge such associated rates as it may be authorized by law to establish such charges to be otherwise unrestricted by this Agreement. 7. This Agreement to collect Latecomer Charges will be effective for twenty years from the date of execution at which time this Agreement shall terminate. Sewer Latecomer Agreement Page 2 of 5 r i 8. The Latecomer Charges for each Parcel within the Boundary Map referenced in Paragraph 3 herein were calculated on a net buildable acreage basis. For further detail and narrative explanation, please refer to the cover letter and reimbursement agreement application documents dated March 11 and April 14, 2010 on file at the City of Kent Public Works Department-Engineering, 2nd floor of the Centennial Building, latecomer file number 156. 9. In accordance with RCW 35.91.020(3), during the term of this Agreement, the Owner will submit a written notice to the City every two years on the anniversary date of this Agreement, which notice shall include the then current name, address and telephone number of the person, company or partnership that originally executed this Agreement. 10. Amounts collected on Owner's behalf may not be assigned by Owner without the express permission of City, such permission shall not to be unreasonable withheld. Requests for permission to assign shall be on City forms. Authorization for this Agreement approved by City Council on the day of 2010. IN WITNESS WHEREOF the parties have caused this Agreement to be 1 executed on the day and year first above written. OWNER(S) Kent Utilities, LLC BY: ' PRINT NAME: Fred Herber MAKE CHECK PAYABLE TO: Kent Utilities LLC MAIL CHECK TO: Kent Utilities LLC P.O. Box 50208 IBellevue WA 98015 Sewer Latecomer Agreement Page 3 of 5 LATECOMER NAME/NUMBER: COK 156 104TH AVE SE LATECOMER SEWER RECC 2051692/2050869 BENCHMARK/MEDALLION STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this y Notary �i day of 2010, before me a Nota Public in and for the State of Washington, personally appeared Fred Herber , to me known to be the �w of Kent Utilities, LLC , a Washington corpor i�at executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary.Seal Must Appear Within This Box- Not ' /WHEREOF, I have hereunto set my hand and official seal the=d��c�a�q� oxk, above written. Z i < �"I the State 09-12 0 _�� l bSd15 ✓t ��`e�S�� �00,/rl0+rWAS4fiNGow`s. oNf6WaR shingtonI re ding atY' PUBLC, in and for teuv� W144 GJ My appointment expires q-ei'u Sewer Latecomer Agreement Page 4 of 5 CITY OF KENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 2010, before me a Notary Public in and for the State of Washington, personally appeared TIMOTHY 1. LAPORTE , to me known to be the Director of Public Works of THE CITY OF KENT , a Washington corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires i 1 Sewer Latecomer Agreement Page 5 of 5 EXHIBIT "A" ' PAYOFF INSTRUCTIONS You must include this exhibit with your check and the bullet items filled in Ito ensure a timely release of your property from this agreement. • Submit your check made payable to City of Kent in person at 400 W. Gowe Street, Centennial Center - 1't Floor. Or by mail to: City of Kent Finance Customer Services 220 4th Avenue South Kent, WA 98032 • Assessor parcel number: • Latecomer recording number: Contact: City of Kent Engineering, Property Services 253-856-5582 or email to fgreweli@ci.kent.wa.us Refer to File # 156 Do not write below this line, City department use only. ..............................................................................I Finance Customer Services: Process payment, send Property Services a COPY with the information filled in below. Send with register receipt, copy of check & remittance. SEWER - Item # (Account#): #1144 (4400,34700.0473) Amount paid: Date paid: Receipt #: Payor (name on check): Property Services: Send to Engineering Accounting Dept. with the information filled in below and copy of first 2 pages of agreement: Project: Reimbursable to: Reimbursable Address: 00 ono W 00 C: 00 i < U N Q ❑ c CD I �' ��O yN E z E 0 C: N 550 29 EE O .Z n N N 8 0. t 9 � N m 106th Ave S.E. Co Lo m o J - E 3x Q c � co ❑ m s � C N Ld ® © ® N N N i1qui 104th Ave S E u: M M M M a Pool ~ M V N N N M LU m m 9 1 Ffl NO 91 0 M W C) C w .V N N Q m qclIi��I � O N d Co E N N O IN dL z U � E <C N X � �_ N E � c � N Y F; 106th Ave S.E. � coco Lo m -j E 1, cocn0mU r co p ❑ N d' 104th Ave S.E. a. Y O � N N W LLI N C6 m W 1 i O O) E N e M N m U 09 N CCT J m o 0 0 0 L IT coO r rn O c O O 0 Z U N O O V N p a O '- O O w Q y 0 0 LO 0 0 = J Z m 0 O O O VF' O r- °W. 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SUBJECT: EAST HILL OPERATIONS CENTER UTILITIES CONSULTANT AGREEMENT - AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement between the City and Jason Engineering & Consulting Business, Inc., in the amount of $81,030 for the purpose of providing materials testing and inspection services related to the East Hill Operations Center Phase II On-Site Utilities Project. There is not a more cost effective or sufficient quality control option than to have a certified materials testing laboratory perform these duties. 3. EXHIBITS: Memo dated 4/15/10 and Contract 4. RECOMMENDED BY: Public Works Operations (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 '`4"" "G T°" Address. 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 15, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: May 3, 2010 From: Pete Tenerelli, Construction Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: East Hill Operations Center Utilities Consultant Agreement with Jason Engineering & Consulting Business, Inc. ' Motion: Propose that the Mayor sign a consultant contract between the City and Jason Engineering and Consulting Business, Inc., in the amount of $81,030.00 for the purpose of providing materials testing and inspection services related to East Hill Operations Center Phase II On-Site Utilities — Project with concurrence of the language therein by the City Attorney and Public Works Director. Summary: Public Works Engineering designed the on and off-site, underground ' utilities for the proposed East Hill Operations Center. The construction of this project will involve materials testing and soils engineering/inspection that is beyond the expertise of City staff There is not a more cost effective or sufficient quality ' control option than to have a certified materials testing laboratory perform these duties. Jason Engineering and Consulting Services, Inc., possesses the appropriate certifications and expertise to perform these duties and was selected based upon their qualifications. Staff feels it is in the best interests of the City to enter into this agreement. Budget Impact: Currently in budget. • KENT WTSMINGTVN CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact- Jason Bell (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 testing and inspection services for the East Hill Operations Center Phase II On-site Utilities Project. For a description, see the Consultant's March 29, 2010 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 Eighty One Thousand, Thirty Dollars ($81,030.00) 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 B. 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 i 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 PP Y Y � P Y Y Y , ' 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender ' was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. ' 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. 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 ' CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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. 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 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 CONSULTANT SERVICES AGREEMENT - 4 , (Over $10,000) 1 other representative of the City, and such statements shall not be effective or be construed as ' entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms ' of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and ' municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ' 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 Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: 1 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: Jason Bell Timothy J. LaPorte Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 ' (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department JECB-EHOC Ph IWTene 111 ' 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 1 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. S. 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 ' 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 , 1 By: For: ' Title: Date: EEO COMPLIANCE DOCUMENTS - 3 ' Jason Geotechnical Engineering Date: 03-29-2010 Engineering& Retaining Structures Protect East I-lill Operations Center J Consulting Project Management/Inspection Utility Install,Kent# 07-3002C / \ Business,Inc. Pavement Design&Analysis File# p10-046 Scope of Services, Exhibit A These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project East Hill Operations Center Utility Installation,Kent# 07-3002C Attend preconstruction meetings, participate in periodic project progress meetings. v-- Provide onsite construction inspection and recommendations regarding construction materials as requested Observe placement and procedures of materials Provide density tests to confirm compaction and testing specification requirements. 9- Sample imported material to evaluate and confirm specification requirements This includes Iaboratory testing for each material type encountered and/or imported to the site. 'Testing methods will be performed according to current applicable standards sP- Provide miscellaneous professional services related to this project as directed, photograph construction materials and methods as appropriate or as directed by the Owner's Representative s- Provide Construction Management Seivices as requested by the Owner's Representative, including contract budget tracking, daily report summaries, field measurements and pay estimate documents and/or preparation " All of our construction management inspectors are qualified to perform the same tasks as the soils/asphalt/concrete inspector Testing and inspection is typically performed by the same individual. Hours are broken down according to task in the fee schedule. " Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative " Provide time sheets with each invoice that verify Consultant employee(s), day, date and times worked, hourly rate, total per day, mileage; tests performed and test fees, and any other pertinent information required to verify invoiced charges I w. Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed RE reviews all reports and computer-generated copies are mailed to all parties on the project distribution list. 9- The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for any inspection and professional engineering services (weekends are minimum 4 hours) 9- Mileage reimbursement for non-resident inspector is charged from the Auburn office to the job site and back to the office An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day, and legal holidays. sp- Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties s� Unit rates valid for anticipated duration of the project. PO Box 181 Auburn WA.98071 Page 2 of 3 Phone: (206)-786-8645 Fax: (253)833-7316 Email:Jason@jasonengineer.com -- Jason Geotechnical Engineering Date- 03-29-2010 , Engineering& Retaining Structures Project East Ffill Operations Center Consulting Project Management/Inspection Utility Install,Kent#07-3002C !' Business, Inc. Pavement Design &Analysis File# p10-046 Schedule of Fees & Services, Exhibit B , PROFESSIONAL SERVICES Unit Rate Item Total 200 Construction Management Inspector $60 00 per hour $12,000 00 300 Asphalt Inspection&Mon_toring w/Densometer $60 00 per hour $18,000 00 50 Concrete Inspection&Monitoring $60 00 per hour $3,000 00 , Paint Thickness Inspection $60.00 per hour 600 Soils Inspection&Monitoring w/Densometer $60 00 per hour $36,000 00 Structural Steel/Welding Inspection $85 00 per hour 50 Professional Engineering Services $95 00 per hour $4,750 00 40 Administrative services $40 00 per hour $1,600 00 Mileage per round trip, non-resident ' 2700 (20 Mlles per each RT) $0 75 per mile $2,025 00 OT/Holiday hours 1.5 x rate per hour LABORATORY SERVICES Unit Rate Item Total 5 Asphalt,Ignition&Gradation $150.00 each $750 00 5 Asphalt,Rice Specific Gravity $85 00 each $425 00 , 20 Concrete,Cylinders $20 00 each $400 00 4 Soil,Fracture Count $75 00 each $300 00 5 Soil,Proctor(Standard or Modified) $150 00 each $750 00 ' 5 Soil,Sand Equivalent Test $75 00 each $375 00 5 Soil,Sieve Analysis with#200 wash $125.00 each $625 00 1 Sod,Unit weight $30 00 each $30 00 Estimated Project Total: $81,030.00 PO Box 181 Auburn WA.98071 Page 3 of 3 Phone:(206)-786-8645 Fax:(253)833-7316 Email.Jason@jasonengineer.com ' I EXHIBIT C INSURANCE REQUIREMENTS FOR ' CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, ' insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance ' Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 1 B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than 51,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less , than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability ' insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. ' E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. IKent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6F 1. SUBJECT: TRANSPORTATION MASTER PLAN PHASE 2, AMENDMENT NO. 3 - AUTHORIZE 1 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 3 to the Consultant Services Agreement between the City of Kent and Fehr and Peers, Inc. in the amount of $8,000 for analyzing funding options for transportation capital projects. Council has asked staff to prepare updated funding analyses to help uniform overall Transportation Funding recommendations and specifically to help focus a decision regarding railroad grade separation projects, which are largely dependent upon current and future grant awards. 3. EXHIBITS: Memo dated 4/27/2010 and Amendment No. 3 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte P E , Public Works Director Phone 253-856-5500 Fax 253-856-6500 KENT Address• 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 27, 2010 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: May 3, 2010 From: Cathy Mooney, Senior Transportation Planner Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Transportation Master Plan Phase 2 Amendment No. 3 with Fehr and Peers, Inc. 1 Motion: Move to recommend authorization for the Mayor to sign Amendment No. 3 to the Consultant Services Agreement between the City of Kent and Fehr and Peers, Inc. in the amount of $8,000 for analyzing funding options for transportation capital projects. Summary: Council has asked staff to prepare updated funding analyses to help inform overall Transportation Funding recommendations and specifically to help focus a decision regarding railroad grade separation projects which are largely dependent upon current and future grant awards. Budget Impact: This work was contemplated in the Transportation Master Plan budget. This will still fall within the adopted budget of the Transportation Master Plan. 1 KENT W A MI N G T JN AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Fehr & Peers, Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan Phase 2 ORIGINAL AGREEMENT DATE: May 26, 2008 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Review and rework financial forecasts associated with Transportation Funding analysis and recommendations to the City for funding the Transportation Master Plan. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $204,653.00 Including applicable WSST Net Change by Previous Amendments $116,400.00 including applicable WSST Current Contract Amount $321,053.00 including all previous amendments Current Amendment Sum $8,000.00 Applicable WSST Tax on this $0.00 Amendment Revised Contract Sum $329,053.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/09 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/10 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, ' by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless , otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment , shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor ' (tale) (title) DATE: DATE: APPROVED AS TO FORM: 1 (applicable if Mayor's signature required) Kent Law Department Fehr&Peers-TMP Ph 2 AmA 3/Mooney AMENDMENT - 2 OF 2 Exhibit A - Scone of Work Consultants will review and rework financial forecasts associated with Transportation Funding analysis and recommendations to the City for funding the Transportation Master Plan capital projects, including various railroad grade separations. Consultants will be available to make presentations and/or answer questions at up to two Public Works Committee and Council Workshops. Budget: $8,000.00 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6G 1. SUBJECT: MILL CREEK SEWER LIFT STATION BILL OF SALE - ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for the Mill Creek Sewer Lift Station for lift station valued at $1,209,822.34. 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: ' Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: r i C1'C� OF K � • SCENT WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4T AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Mill Creek Sewer Lift Station LOCATION: 104th Avenue S.E. TAX ACCf NO: 292205-9021 BILL OF SALE CITY OF KENT 1 IONG COUNTY,WASHINGTON THIS INSTRUMENT made this 7th day of October 20 08 ,by and between Bennett Sherman. LLC. a Washinaton limited liability comoany , hereinafter called"Grantors",and City of Kent,a municipal corporation of Icing County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: P A— \jj��. ..,.tom,.,.._ 4'=S'>�9 eafek- 11)Ir••�Rntsft t ethe thereto. appurtenanees Os/�� F414M TG ( tt 1 f 'Ineluding li..-iiiicurfeet fit 5 waterline. B. SANITARY SFWFRS: 'S_agethet,w_dt _ tat al _ eiftaheles-at SEWER LIFT STATION: $1,209,822.34 I of4 Bill of Sale ' 2-1 i (atre per 13FeTogether with sewer line. f / fill' ally athev Rpper-tenfinees 'IiReliiaing eenterline L F at 0 per LF l' Rr STORM AMAIRR Together with ft total eF atnnhales fit S�__ en "t"lc�r�cit basins at Ca'eli; ON FR49M T-G laeluding linear et at 9 pet Bf To have and to hold the same to the Said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WIT 5S WHEREOF,the undersigned has caused this instrument to be executed on �tills 4t� day of 120 08 2of4 Bill of Sale ' 2-2 , 1 STATE OF WASHINGTON )55 COUNTY OF KING ) On this q'r~ day of DF65MAt r- ,20 Db .before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn,Personally appeared_-1 TZo-D 1 kF1Z�i P , to me known to be the individual described in and who executed the foregoing Instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of'D1ZgMP _20 06 a p+� fit, �Iy N Lary Public in and for the aPT�} 4, State of Washington, residing at op A 4R, -21 �� `�� My Commission Expires:_ lv- 71—/z 1 The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 120 ' 3 of Bill of Sale t2-3 ADDENDUM TO BILL OF SALE ! CITY OF KENT The figures used on the Bill of Sale for Mill Creek Sewer Lift Station project dated_ October 7. 2008 ,were based on the"As-Built"Engineering Plans dated April 22, 2008 ,for , the same said Mill Creek Sewer Lift Station project. Hal P. Grubb, P.E. the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. ,the firm responsible for the preparation of the"As-Built" Engineering Drawings. Signature 1 I ! 4 of4 Bill of Sale 2-4 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6H 1. SUBJECT: 116T" AVENUE SE STREET IMPROVEMENTS (KENT-KANGLEY/ SE 256) - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the 1161h Ave SE Street Improvements (Kent Kangley/SE 256th) Pro3ect as complete and release retainage to Rodarte Construction, Inc., upon receipt of standard releases from the State and release of any liens. The original contract amount was $3,663,316.76. The final contract amount was $3,310,832.94. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6I 1. SUBJECT: LID 353: SOUTH 2315T WAY LANDSCAPING - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the South 2315t Way Landscaping project as complete and release retainage to Buckley Nursery Company, upon receipt of standard releases from the State and release of any liens. The original contract amount was $299,364.29. The final contract amount was $260,335 75. i 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: t Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6J 1. SUBJECT: 2009 4CULTURE KING COUNTY PERFORMANCE NETWORK GRANT - AUTHORIZE 2. SUMMARY STATEMENT: Accept the 4Culture King County Performance Network grant in the amount of $5,129 that supported the 2009 Kent Arts Commission site specific performances, and approve amending the 2010 Kent s Arts Commission budget. 4Culture has awarded the Kent Arts Commission $5,129 in King County Performance Network funding. The funding supported 2009 site specific performances by musician Paul Rucker and dancer/choreographer Alex Martin. The performances took place at Mill Creek Canyon Earthworks Park in conjunction with the Americans for the Arts National Conference that was held in Seattle in June 2009. Kent Arts Commission hosted an Earthworks tour at the park and the performances were part of the tour. Audience members were both conference attendees/tour participants and members of the general public in Kent 1 Though funding was used for performances in 2009, the 4Culture contract was not issued until early 2010. 3. EXHIBITS: 4Culture Grant Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: li ACTION: Agreement No 109700A Contractor's Federal Taxpayer ID No (last 4 digits) Contractor City of Kent Arts Commission Project Title. 2009 Site Specific King County Performance Network Contract Amount $5,129 00 Fund Source CP-King County Performance Network Contract Period From 01/01/09 To: 12/30/10 AGENCY SERVICES CONTRACT 2010 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S, Kent, WA 98032 and telephone number is (253) 856-5055 Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4 42 and RCW 67 28 180 and as hereinafter may be amended The 4Culture Board of Directors approved providing funds for this project by Motion No. 2009-18. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistent with those defined in RCW 67 28 180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35 21 730, et seq. RCW 35 21 750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority " The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: AG SVC 2010 Page 1 of 7 I. SCOPE OF SERVICES A The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory(K.0 C 12.16.060A)( In combination with Attached hereto as Exhibit D other a reements, in excess of$25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12 16 0608) Attached hereto as Exhibit E for A reements in excess of$25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.060D) [ORGANIZATIONS ONLY B Purchase of Services Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the"Project'. C In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: I Approved logos are available for download in a variety of formats at C U LAW R E http://www.4culture.org/partner/logos KINO COUNTY LOOUINO ur E The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs II. DURATION OF CONTRACT i This Agreement shall commence on January 1 2009 and shall terminate on December 30, 2010 This Agreement, however, may be terminated earlier as provided in Section IV hereof III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Seances attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $5,129 00 AG SVC 2010 Page 2 of B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule 4Culture will initiate authorization for payment after approval of corrected invoices and reports 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in I equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or tviolation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six(6) years after termination of this Agreement unless a longer retention period is required by law. AG SVC 2010 Page 3 of 7 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to I 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. Vill. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION i A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and ' employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 2010 Page 4 of 7 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any budding, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4 24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. 1 i AG SVC 2010 Page 5 of 7 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to Title VI of the Civil Rights Act of 1964, chapter 49 60 RCW (the Washington state law against discrimination), K C C. chapter 12 16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors, K C C chapter 12 17 prohibiting discrimination in contracting; K C C chapter 12 18 requiring fair employment practices; KC C chapter and 12 22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party XIV. GENERAL PROVISIONS t No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded Both parties recognize that time is of the essence in the performance of the provisions of this Agreement XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services Contractor also shall pay all court costs and such additional fees as may be directed by the court AG SVC 2010 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date AG SVC 2010 Page 7 of 7 EXHIBIT A 1 SCOPE OF SERVICE City of Kent Arts Commission and 4Culture mutually agree that the following services be provided in accordance with the proposal submitted to and approved by 4Culture. Partial support for the development and presentation of public performances for the 2009 Site Specific King County Performance Network. The City of Kent Arts Commission will present three performances in cooperation with 4Culture and selected project proposals from the participating artists; Alex Martin,Paul Rucker,and others. Performances will be presented in conjunction with the national conference of the Americans for the Arts and include tours of visitors and participants to the conference.The City of Kent will provide matching funds in addition to 4Culture's funding. City of Kent will contract and pay total artist fees,to be reimbursed by 4Culture at the conclusion of the performances. Performances will be publicized, open and free to the community. Amount: $5,129 Payable upon submission of • Invoice • Organization Evaluation form PUBLIC BENEFIT Performances will be open,accessible,publicized to the community and provided free of charge. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture King County Performance Network is required of all recipients for use in all publicity and promotional materials,including,but not limited to brochures,press releases,programs,posters, public service announcements, flyers and advertisements Please contact your Project Coordinator for an electronic logo file. • I _ CULTURE ''•• SITE - SPECIFIC CULTURE Exhibit B KING COUNTY LG061NG TAX 2009 Site-Specific King County Performance Network Application , 4Culture 206 296J580 101 Prefontaine Place South, Seattle, WA 98104 TTY 711 www 4culture.org Deadline: Applications must be received in the office by 4:30 p.m. on September 15, 2008 Monday, September 15,2008 or postmarked by September 15, 2008. INSTRUCTIONS Read the King County Performance Network guidelines before filling out this form. • Submit one original of the application and artist resume. DO NOT STAPLE;. • Submit one set of required work sample and optional support materials. 1. Applicant Artist/ Ensemble/Organization Name. A( Contact Name: Mr. ❑ Ms Title- First Name: , Last Name' 3ZAddress. 3 c.S�-�� Zip. Area COde;26Z Phone•3�5S_Sgj e-mail. �(p t� 1;4L Area Code:24 Fax:722--77,q 6fbL.0v\ afesS, Caw, County Council District Number:-2- THIS IS REQUIRED INFORMATION Call King Co Records and Elections at(206)296-1581 to verify your Council District or visit Nip Uwww metrokc aovlmkccldistmao htm 2. Project Concept(s) Please attach one to three ideas or concepts for a site-specific performance or exhibition; Please include a one-page description and a preliminary expense budget for each concept. Additional information such as technical requirements, site availability, and a final project budget will be developed after the review and selection by the sponsoring agencies. For the purpose of this application, please just describe your Idea(s)and estimated expenses. t. Project Requirements: If your proposal has special requirements (which might include technical needs,venue restrictions, or the need and/or desire to be paired with a specific community, please explain within your attached one-page project concept.) i. Application Checklist: d' Signed application page 6 One page concept narrative and preliminary budget (1-3 projects)one per page ¢r Artist Resume, to include your work in the proposed discipline as well as a concise history of collaborative and site-specific projects if available 6 Work Sample A high quality work sample of the artist/organization's work is strongly encouraged. Work samples may be submitted in a variety of standard formats. Please include a separate page detailing title, date, description, participating artists, and applicant role in selected sample(s). 6 Support Materials, to ' de art! es, re iews, sample ubllcl materials, etc. ' Applicant Signature: Signature: Date: The Daylight I propose to present, in partnership with the Kent Arts Commission, a re-mounting of our project"The Daylight", first created in 2007. "The Daylight" will be performed on June 21, 2009, in a free public celebration that the Kent Arts Commission is presenting in coordination with the Americans for the Arts Tour of Herbert Bayer's Earthworks. "The Daylight" is a performance work for 8 dancers, created in Herbert Bayer's Earthworks sculpture in the summer of 2007, in honor of the Earthworks' 25'1' Anniversary Celebration. The piece is titled for the afternoon sunlight on our shoulders during our rehearsals in the Earthworks, and in reference to the practice of'daylighting' creeks and streams to bring diverted water flow back to the above-ground In collaboration with my cast of dancers and musicians, I designed a journey for the audience in and out of the steep and curving contours of the park. We played with distance, scale and perspective, using the park and its different vantage points, and 7 building a vocabulary of movement and sound in relationship to the unique terrain. The aim was to draw the audience into a state of greater connection to this beautiful, abstract landscape. As a group of collaborators, we found our"way in" to the creative process by working in the site as much as possible We experienced the land and the turf under our feet, grasping and climbing with toes and fingers, rolling over shoulders, pushing off from shins and elbows, sliding and bumping down on thighs and ribcages. Sound material was created in relation to the sounds of water and traffic. Our vision was always extra- alive, our eyes drawn to the detail of water and tree-leaves and muddy patches, and to the sky on the ever-shifting horizons as we traveled through the contours of the Earthworks. As we built "The Daylight" over the course of the summer, we witnessed hundreds of park visitors walk through the site— sometimes in a chatting group with friends or family, other visitors walking in solitary reflection. Many people passed time on the benches, others rested their bodies on the steep slopes in the center of the park. I imagined that every visitor was drawn for the sense of transformation and inspiration that a walk through the Earthworks brings. I Our performance is a tribute to (and perhaps an imaginative exaggeration of) those daily journeys -- sometimes an awkward greeting between strangers, sometimes a daydream, sometimes a ridiculous flight of fancy . . and always the water moves downhill, downhill, downhill. I� Alex Martin 3234 S. Ferdinand St., Seattle,WA 98118 phone/fax:2061722-7983 mobile phone: 206/355-8426 email: alex@littlebrowndress.com website: www.Iittlebrowndress.com �I The Daylight for the Herbert Bayer Earthworks, Kent, WA Proposed Project Budget Submitted by Alex Martin, Choreographer(206) 355-8426 EXPENSES Item/Description Cash Expense In-kind Choreographer's Fee $ - $ 3,000 Composer's Fee $ 500 $ 2,500 Musicians' Fees(2 @ 25 hrs x$20/hr) $ 750 $ 250 Dancers'Fees (8 @ 30 hrs x$20/hr) $ 4,000 $ 800 Costume-minor repairs,the costumes are already created $ 200 $ - Technical Crew(1 @ 30 hrs x$151hr) $ 300 $ 150 Administration & Project Management(50 hrs @$15 hr) $ - $ 756 Travel (7 onsite rehearsals and 1 performance @$50 each) $ 400 $ - Photography for Promotions and Documentation $ 200 $ 306 Insurance $ 300 $ - Sub-total Expenses $ 6,650 $ 7,750 INCOME Source Cash Income 4Culture Tour Funds $ 2,506 City of Kent $ 2,500 Applicant Cash $ 1,656 TOTAL PROJECT INCOME $ 6,650 i I r EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages Each insurance policy shall be written on an "Occurrence"form. 1. Minimum Scope of Insurance needed for this contract is as follows, I ® Commercial General Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per project Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor 3 Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonienewal of any policy required by this contract shall occur without thirty(30)days' prior written notice to 4Culture. 4 Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A VI11, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VII I 5 Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance with all requirements set forth above WA Insurance Authority P 0 Box 88030 Tukwila, WA 98138 05-May-09 Cert#: 6191 Phone 206-575-6046 ' 4Culture Fax 206 575-74Z6 Attn: Bret Fetzer 101 Prefontaine Pl. S. Seattle,WA 98104 1 RE: City of Kent 4Culture has awarded City of Kent Arts Commission/Cultural Programs Division a grant for 2009 arts programming. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA),which is a self insured pool of over 123 municipal corporations in the State of Washington. WCIA has at least$1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured". Sincerely, CJ � Eric B. Larson Deputy Director cc: Christopher Hills Ronda Billerbeck cletter Pest Control Moles In legislation City Code 8.06 Rodent Control Pro Shop Merchandise Refund Scholarships Flying Miniature Airplanes in parks, Rockets, Metal Detectors Distribution Promo Flyers in parks (advertising) Boat Launch Fees i ! ! i Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6K 1. SUBJECT: KENT COMMONS ARCHITECTURAL AGREEMENT AMENDMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Amendment No. 1 to the contract with David A. Clark Architects, PLLC, in the amount of $1,000 for the Kent Commons Remodel, subject to final terms and conditions acceptable to the City Attorney, and further, to ratify all acts consistent with this motion, the agreement and Amendment No. 1. When the contract for the design work at Kent Commons with Architect David Clark was executed, it was for less than $25,000 and did not include construction administration fees. Upon demolishing the old walls it was discovered that a support post and footing were missing. The Architect was asked to determine resolution and complete a design that was acceptable to the City's building official. Additionally, the architect completed design work required for the HVAC system. The amendment equals $1,000 which puts the total contract amount over $25,000, therefore needing Council authorization and Mayor signature. 3. EXHIBITS: Staff Report and Contract Amendment 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES FACILITIES MANAGEMENT Charles Lindsey, Superintendent KEN T 220 4"Avenue South ' WASH aoioa Kent, WA 98032 Fax: 253-856-6080 PHONE: 253-856-50Z Me o To: City Council Parks Committee From: Charlie Lindsey, Superintendent of Facilities CC: Jeff Watling, Director Parks Recreation and Community Services Date: April 28, 2010 Re: Architectural Contract Ammendment I am bringing to proposed ammendment to you because our original contract with Dave Clark Architects was for less than $25,000 and did not require your authority for the Mayor to sign. This ammendent will put the contract in excess of the $25,000 limit and thus is being brought to you for authorization for the Mayor's signature. When we contracted with Dave Clark Architects to do the design work for the renovations at Kent Commons to accommodate moving the Resource Center Staff and Programs Mr. Clark did not include any time in his Scope of work for Construction Administration. He assumed that since we were not using a contractor to do the work that there would not be the need for him to spend any time doing that. He did not anticipate -was that staff would have many questions that would rent'!I-- him to spend time analyzing the situation and determining a solution that would be acceptable to all parties and meet the required codes. As you know sometime in a renovation you find things that you could not anticipate. Wwe uncovered a wall that should have been supported by a post and when we opened the wall up there was not a post there and we needed to determine the best solution for getting a post to support that wall that did not alter the design too much and met current building codes. It also took several meetings with him and his Mechanical Engineer as we determined that the original solution that they had designed would not work well. KENT WA.f"R aTOR AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: David A. Clark Architects, PLLC CONTRACT NAME & PRO3ECT NUMBER: Kent Commons Remodel ORIGINAL AGREEMENT DATE: February 11, 2010 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's wort( is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: ' In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: During the demolition process when the existing structure was revealed, we had to have a structural consultant involved to solve some existing conditions. I would like to propose a fee increase of $1,000 to cover those structural costs. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $24,855.93 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $24,855.93 Including all previous amendments Current Amendment Sum $1000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $25,855.93 AMENDMENT - 1 OF 2 Original Time for Completion April 11,2010 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time For Completion April 11, 2010 (rsert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: IihLt y L By: By: (signature) (slgnatut e) Pnnt Name: I <<-t-6ALVV L- Print Name: Its if-G �bJ 1, f,111`wt ,0 (l Its (tit/e) (dde) DATE: ( 1J DATE: APPROVED AS TO FORM: (appflcable if Mayor's signature required) Kent Law Department amendent IUark commons AMENDMENT - 2 OF 2 March 19,2010 Charlie Lindsey Superintendent, Facilities Ov City of Kent u' 220 Fourth Ave S. Kent, WA 98032 u Re: Contract amendment Kent Commons Renovation Dear Charlie, U As discussed,I am requesting a proposed contract amendment for the Kent Commons renovation project. As you know, our couhact was for the design and peimitting, and did not include any time spent during construction, I am offering to donate my time spent as project manager and Architect dui ing the consti uction efforts. o However, as the demolition progressed and the existing structure was revealed, we did have to have out stiuctur'a1 consultant involved to solve some existing conditions. As such, I would like to w propose a fee increase of$1,000 to cover those structural costs. Please let me know if you have any questions or concerns. Sincerely, David A, Clark,AIA =r„� ,- yt Principal Mu r+ r o M A OS Green Ru/Idmg Conncrl Aiiember Firm with LEED Acci edited Professionals Licensed Ai chitects in k izono, Cal rfoi nra,Colorado,11mi au,Texas and Washington ��� Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6L 1. SUBJECT: RIVERBEND GOLF COMPLEX RESTAURANT LEASE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the lease agreement with Mick Kelly's, Inc. to operate the restaurant at the Riverbend Golf Complex, subject to final terms and conditions acceptable to the City Attorney. A Request for Proposals (RFP) was sent out earlier this spring for new operators to fill the recently vacated restaurant space at the Riverbend Golf Complex. As an outsourced operation, the restaurant serves as an important support service to the Golf Complex, as well as a viable commercial space along the West Meeker Street corridor. Seven submittals were received by the April 12 deadline. Interviews were conducted on April 21 by a panel consisting of Kent residents, members of the Riverbend Ladies and Mens' Clubs, and City staff. Following the interviews, Mick Kelly's was recommended as the group to move forward with. Mick Kelly's currently operates a very successful restaurant in the City of Burien and provides food service at Glen Acres Golf Course. The Irish pub theme will fit in well at Riverbend and it was felt that Mick Kelly's experience will best serve the golfers and generate new business to the Golf Complex as well. 3. EXHIBITS: Lease Agreement 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: RIVERBEND 18-HOLE GOLF COURSE CLUBHOUSE LEASE THIS LEASE is made by and between the CITY OF KENT, hereinafter referred to as "City," and MICK KELLY'S INC., a Washington Corporation, hereinafter referred to as "Lessee." SECTION 1. LEASED PREMISES. For and upon the conditions and provisions herein, the City hereby leases to the Lessee the following areas within the Riverbend 18-hole Golf Course Clubhouse ("Clubhouse") located at 2019 West Meeker Street, Kent, Washington, restaurant, lounge, kitchen, kitchen storage, office, hallway, rest rooms, and patios adjoining the restaurant facilities. The areas leased are depicted in Exhibit "A" attached hereto and incorporated herein by this reference. The leased areas are herein referred to as the "Premises" and are shown on Exhibit "A." The City reserves the right to use the hallways and restrooms in the Clubhouse for uses associated with the Pro Shop (room ) and SECTION 2. USE OF PREMISES. A. The Lessee shall occupy, manage and operate the Premises as a lounge and restaurant facility. B. The City further grants the Lessee a concession to sell food and beverage from concession carts on the 18-hole golf course and shall have the right to access to those facilities to operate carts and other means of selling `food and beverage, provided that the Lessee's operation does not interfere with regular operation of the golf course. The Lessee shall also have the exclusive right to cater tournaments conducted on the 18-hole golf course. SECTION 3. TERM AND OPTION TO RENEW. The term of this Lease shall be for five (5) years commencing on June 1, 2010, and ending May 31, 2015. If at the end of the five (5) year term, Lessee has made all payments due to the City in full, and is not in breach of this Lease, then the Lessee shall have the option of extending the term of this Lease for an additional five (5) year period of time, subject to the City's review of financial records in order to confirm Lessee's ability to meet financial obligations under this Lease. The Lessee shall give the City at least one hundred and eighty (180) days prior written notice of its intention to exercise this option. SECTION 4. LEASE CONSIDERATION AND PAYMENT. E. The Lessee shall provide to the City the following consideration for the Lease: A. Services to the public pursuant to the terms of this Lease. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - I A. Services to the public pursuant to the terms of this Lease. B. Rent to the City as follows: 1 1. Restaurant. Lessee shall pay monthly to the City 5.00% , of gross revenue or $3,500.00, whichever is greater, for all operations of Lessee, except the course concession and catering described in subsection 2.13. 2. Concession and Catering. Lessee shall pay monthly to the City 10% of gross revenue for all concession business and all tournament catering described in subsection 2.13. 3. Leasehold tax. Pursuant to Chapter 82.29A RCW, Lessee shall pay monthly to the City, the amount of state leasehold tax owing. Leasehold tax will be due and owing for any months in which rent is waived. 4. Gross Revenue. The term "Gross Revenue," as used herein, means all gross revenue received by the Lessee for the sale of food, beverage, merchandise, vending, and other goods, products, and services sold on the Premises. It includes all monies received by the Lessee for food, beverages and other products sold to patrons of the lounge and restaurant. However, the term "Gross Revenue" shall not include tips or charges for Washington State sales tax or other taxes imposed by any government imposed directly on the sale of goods or services to be charged to the consumer, although collected by the Lessee. "Gross Revenue" also includes discount items receipted at the net transaction value after application of the discount. S. Payment. Lessee shall make payment to the City for each calendar month of operation, said payment being due and payable no later than the fifteen (151h) of the following month, accompanied by a written report for the prior calendar month period of all Gross Revenue for such period in a form reasonably approved by the City. The first two (2) months of Rent under subsection 4.13.1 and 4.8.2 shall be waived. All payments or reports due under the Lease to the City shall be paid or delivered to: City of Kent Finance Department ' Customer Services Division 220 4th Avenue South Kent, WA 98032-5895 SECTION S. UTILITIES. Lessee agrees to pay utility charges associated with the Premises, which include, but are not limited to, water and sewer, electricity, garbage, and telephone. The City will invoice Lessee by the fifteenth of each month for water and sewer, electricity, and telephone service. Payment shall be due within thirty (30) days of the invoice date. Lessee will be invoiced for 100% of the telephone RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -2 services to the Premises, 75% of all electricity costs associated with the Clubhouse, and 50% of all water and sewer costs associated with the Clubhouse. SECTION 6. PENALTY, INTEREST AND PARTIAL PAYMENTS. A. If any payment due under this Lease is not paid to the City within ten (10) days after the date specified, a one-time late charge of five percent (5%) of the payment due shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Likewise, if any report due under this Lease is not received within ten (10) days after the date specified, a one-time late charge of fifty dollars ($50.00) shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. approximately 20 days late) shall bear interest at the rate of one percent (1%) per month. B. Payments made by Lessee must be applied to amounts due and owing under the Lease in the following order: leasehold tax, Rent, utilities invoiced by the City, other amounts invoiced by the City. The City has authority to apply partial payments received in the manner it sees fit based on the financial responsibilities of the City. SECTION 7. SECURITY DEPOSIT. Lessee shall deposit with the City the amount of Fifteen Thousand and No/100 Dollars ($15,000.00) ("Security Deposit") as security for Lessee's compliance with its obligations under the Lease. City shall deposit the Security Deposit in an interest-bearing account to the benefit of Lessee. During the term of the Lease, or upon termination, in the event of any failure of performance or other default by Lessee, the City shall be entitled to have recourse to the Security Deposit for any unpaid rent, utilities, penalties and interest, damage to the Premises or Clubhouse, or other City losses arising from Lessee's conduct. If Lessee has fulfilled all of its obligations under this Lease, the City shall reimburse to Lessee the Security Deposit, together with interest accrued, within thirty (30) days following the expiration date of the Lease, or termination of the Lease that is not occasioned by a failure of performance or other default by Lessee. Within thirty (30) days following a termination of the Lease that is occasioned by a failure of performance or other default by Lessee, City shall reimburse to Lessee any remaining balance of Security Deposit. ' SECTIONS. CITY OBLIGATIONS. The City shall have the following obligations under this Lease: A. Provide and maintain heating and cooling equipment to the Premises in order to permit the Lessee to maintain temperatures within the Premises within a RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBIIOUSE LEASE -3 temperature range customary for the use of the Premises during its normal business hours. ' B. Provide all necessary utility services to the Premises. In doing so, the City will be allowed to maintain and utilize adequate space within the premises, such as utility rooms, etc., to provide said services. C. Maintain the Clubhouse building structure (including roof; structural elements; exterior walls, doors and windows), foundation, HVAC system (not including kitchen range hood and exhaust), electric power panels and distribution circuits, plumbing system including plumbing fixtures, the parking lot, sidewalks and the grounds surrounding the clubhouse in good repair and attractive condition. Provided, however, that any damage or repairs that are the result of Lessee's negligent or intentional acts shall be the responsibility of Lessee. City shall maintain golf course and golf equipment (carts, flag sticks, signage, etc.) to a standard at or above competing public golf courses. D. The City shall provide and maintain for the use of the Lessee, its patrons and employees, the parking lots on the golf course property, which shall be used in common with patrons of the golf course. To the extent reasonably necessary, the City shall endeavor to remove accumulations of snow and ice from the parking lot and from sidewalks leading to the clubhouse. E. The City shall provide in AS-IS condition for Lessee's use, the items listed in Exhibit B. SECTION 9. LESSEE'S OPERATIONAL OBLIGATIONS. Lessee shall perform the following tasks; A. Provide janitorial service for the Premises. B. Pay for all utilities associated with the leased premises as set forth in ' Section 5. C. Provide all reservation activities associated with the restaurant facilities and coordinate with the golf course management to ensure that major events provided by either party do not unreasonably interfere with the other party's operations. D. For all restaurant equipment, including Exhibit B items, the Lessee will perform normal and periodic maintenance and repairs. , E. Prepare and vigorously pursue the application and assume full responsibility for all costs and expenses of obtaining a Class "H" Liquor License issued by the Washington State Liquor Control Board to cover the lounge and the entire golf course. Lessee shall abide by the rules and regulations of the Liquor RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -4 i 1 Control Board relative to any such license, shall maintain a current valid liquor 1 license, and shall provide a copy of the same to the Board at least annually or more often at the Board's request. The City shall execute any reasonably, appropriate instrument as owner of the Leased Premises that may be required in conjunction 1 with such application. F. Maintain hours of operation for the restaurant, at a minimum, 1 consistent with the hours of the Pro Shop; provided, the restaurant may be closed during such times as the golf course is closed or not being used because of snow, inclement weather, or any other reason. ' G. Establish and provide advertising to publicize the restaurant and lounge facilities. Such advertising must receive prior written approval by the 1 Director, which approval shall not unreasonably withheld provided it is in conformance with applicable laws and regulations, is generally accepted as advertising for similar business operations on government owned real property, and ' reflects community standards. . H. Provide a food and beverage cart on the 18-hole golf course for 1 mutually agreed upon hours, except when the golf course is closed or not being used due to snow or inclement weather, and other events beyond the control of the City. 1 I. Provide a twenty percent (20%) discount for food and beverage to all City employees who work at the Riverbend Golf Complex. Said discount shall only 1 apply during the employee's work shift. J. Provide for sale of food, beverage packages for golf tournaments and 1 other special events at the Riverbend Golf Complex. Packages will be created and priced in cooperation with Riverbend Golf Complex staff. ' K. The Lessee shall employ competent, courteous, and efficient staff in numbers to adequately serve its patrons. All Lessee staff members shall, while on duty, be equipped with any apparatus or clothing that may be required by law, 1 ordinance, or regulation. L. An experienced on-site manager shall be selected and designated as 1 the Lessee's authorized representative who shall oversee all of its operations on the Premises and transmit and receive communications to and from the City. 1 SECTION 10. SIGNAGE A. All graphics placed upon or affixed to any of the Premises shall be ' subject to the prior written approval of the Director or his or her representative, which approval shall not be unreasonably withheld. The Lessee will follow all City sign codes. The Lessee shall submit detailed Plans and secure any needed 1 permits/approvals for all exterior and interior signs. In all cases, signage shall be RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -5 consistent in size, color, lettering, and theme with the Clubhouse design and ' signage. B. Lessee's signage shall use the name Mick Kelly's Irish Pub at Riverbend for the restaurant. SECTION 11. CAPITAL IMPROVEMENTS/REMODELING A. Prior to commencing any alteration, improvement, or construction on ' the Premises, Lessee shall submit to the City in writing, plans for alterations, improvements, and construction along with a breakdown of costs for such improvements. B. All plans submitted are subject to the approval of the City or its representative prior to commencement of any alteration, improvement or , construction. The City agrees to promptly review said plans, and if the alteration, improvement, and construction is acceptable, to promptly approve the same. Approved plans shall be attached to an executed copy of this Lease and , incorporated herein. The plan approved described herein is in the City's capacity as a landlord, and not as the City's capacity as a permitting authority. C. All work performed shall be done to the satisfaction of the City or its ' representative and shall be carried out in a manner that minimizes impact upon the use of the park by the public. Lessee shall be responsible for obtaining all governmental permits, for meeting all code requirements, and shall submit copies of the same to the City or its representative prior to commencing any construction on the Premises. ' D. The City or its representative may conduct inspections of any capital improvement work at any time to assure itself that such work is in accordance with ' the plans approved by the City. In the event any such work is not according to plans as then approved by the City, the City or its representative shall send a Notice of Noncompliance to the Lessee. In the event the Lessee fails to make ' corrections within twenty (20) days after the Lessee's receipt of such Notice of Non-Compliance, the City may make whatever corrections are necessary to bring such work into compliance with the plans as approved and shall charge the Lessee ' for all costs of such corrective work. Invoicing for this charge shall be on the same terms as Utilities in section 5. E. Lessee shall, prior to commencement of any construction work, , provide payment and performance bond(s) in a form(s) approved by the City Attorney, payable to the City in the full and just value of such capital ' improvements, conditioned that all provisions of this Lease relating to capital improvements shall be faithfully performed by the Lessee, or the surety, if required. F. Lessee shall furnish the City with a complete set of reproducible "24 x 36" Mylar drawings reflecting the final "as-built" condition of all capital RIVER-BEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -6 improvements within thirty (30) days after completion of the construction. Lessee shall furnish to the City copies of all operating manuals, equipment brochures, paint schedules and material brochures for such improvements. ' G. Lessee will use recycled products whenever possible. H. All alterations, capital improvements, and construction shall be constructed and installed solely at the Lessee's expense, unless the City expressly agrees in writing to contribute toward the costs thereof. All such alterations and capital improvements by Lessee shall become and remain the property of the City. All equipment, fixtures, and furnishings installed by Lessee will be maintained and repaired by Lessee. SECTION 12. TAXES, FEES, AND PERMITS A. The Lessee shall obtain and at all times maintain a current City of Kent ' business license and shall obtain all liquor, health and all other regulatory licenses and permits as may be required or become necessary, including all construction and building permits, necessary to fulfill Lessee's obligations under this Lease at ' Lessee's sole expense. Each party agrees to execute such additional documents as may be required to fully implement the intent of this subsection. ' B. The Lessee shall promptly pay all taxes and fees for its operations to the appropriate collecting agencies. All such taxes and fees shall be paid, before delinquent, all fees, charges, and costs arising out of the Lessee's use and ' occupancy of the Premises including, but not limited to, charges imposed for governmental inspections or examinations, license and excise fees, sales tax, taxes on personal property of the Lessee and on the leasehold interest (leasehold tax) ' created by this Lease, and any other taxes imposed by governmental agencies pertaining to Lessee's operations under this Lease. SECTION 13. NON-DISCRIMINATION. Lessee shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment at all times in all respects to all persons without regard to race, color, religion, sex, age or national origin. No person shall be refused service, be given discriminatory treatment or be denied any privilege, use of facilities, or participation in activities on the Premises on account of race, color, religion, sex, age or national origin. Failure to comply with any of the terms of this provision shall be a material breach of this Lease. Lessee shall comply with all applicable Federal, State, County, and City laws, ordinances, rules and regulations regarding non-discrimination in employment, the provision of services to the public in a non-discriminatory manner. The Lessee shall be responsible for complying with ' the ADA with respect to any improvements installed by the Lessee, the placement of furniture and furnishings, and the Lessee's operations. SECTION 14. INSURANCE. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE, -7 1 A. During the term of this Lease and any extension thereof, the City shall maintain an insurance policy on the Clubhouse building in the amount of the replacement cost of the Clubhouse building, including the Premises; restrooms; and hallways, for damage from fire; earthquake; and other perils. Said insurance policy ' shall also insure the replacement value of the equipment provided by the City pursuant to this Lease. The Lessee shall reimburse the City for any increase in premiums charged to the City for such fire and hazard insurance policy resulting ' from Lessee's operations on the premises. The proceeds on a claim against said insurance policy for damage to the clubhouse building, Premises, or personal property provided by the City shall be used to repair damage to the Clubhouse ' building and the Premises and to repair or replace any damaged personal property provided by the City. B. The Lessee shall be responsible for maintaining its own fire and hazard insurance on Lessee owned personal property and leasehold improvements placed within the Premises by the Lessee. ' C. The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may ' arise from or in connection with the performance of the work hereunder by the Lessee, its agents, representatives, employees or subcontractors. The Lessee shall provide a Certificate of Insurance evidencing: ' 1. Automobile Liability insurance with limits no less than $1,000,000 ' combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and ' $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property damage; premise operations; , and employer's liability. D. Any payment of deductible or self-insured retention shall be the sole ' responsibility of the Lessee. E. The City shall be named as an additional insured on the insurance ' policy, with respect to work performed by, or on behalf of, the Lessee, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. F. The Lessee's insurance shall contain a clause stating that coverage , shall apply separately to each insured against whom claim is made or suit brought, except with respects to the limits of the insurer's liability. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -8 G. The Lessee's insurance shall be the primary insurance with respect to ' the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. SECTION 15. INDEMNIFICATION AND HOLD HARMLESS A. Hold Harmless & Indemnification: Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to ' act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Lease. In the case of negligence of both the City and the Lessee, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. ' B. Industrial Insurance: The parties have specifically negotiated Lessee's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of ' Lessee's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. ' SECTION 16. MUTUAL RELEASE AND WAIVER. The Lessee and City shall not assign to any insurance company any right or cause of action for damages which the parties now have or may subsequently acquire against the other party during the term of this Lease and shall waive all rights or subrogation for such damage. SECTION 17. STANDARDS ' A. Lessee recognizes that although it is operating its facilities as an independent operator for profit, the City is organized and exists for the purpose of ' maintaining park and recreation facilities for the use and enjoyment of the general public. The Lessee, its agents and employees, will devote their efforts toward rendering courteous service to the public as though they were employees of the City, with a view of adding to the enjoyment of the patrons of this recreational facility. B. Lessee shall operate and conduct the facilities in the Premises in a clean, safe, and businesslike manner, and will not permit any illegal acts or conduct on the part of the Lessee's employees which would be detrimental to the City's ' operation of the Riverbend Golf Course Complex. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE -9 SECTION 18. CONTINUOUS OPERATION. , A. Lessee shall keep the Premises open and use them to transact business with the public on a continuous basis at a minimum during the same hours ' as the golf facility, unless otherwise agreed. Subject to the prior written approval of the City, the Lessee may close the Premises, or any portion thereof, for a reasonable period for repairs or remodeling, for taking inventory, or to accommodate the construction by the City of public improvements; provided, that a ' written notice of such impending closure is posted in a conspicuous place on the Premises for at least one week immediately prior to the closure date. To the extent ' possible, the Lessee will provide minimal food and beverage service in a temporary portable facility approved by the Director in instances when any remodel by the City or the Lessee causes the food and beverage services in the Premises to be fully closed. Lessee may close the Premises or any portion thereof in an emergency , without the approval of the City. The City shall reimburse Lessee's costs of any temporary portable facility installed as a result of City initiated remodels, subject to prior approval by the City of the portable facility and its costs. ' B. The golf course facilities shall remain open for play unless they are , closed as a result of causes beyond the control, fault, or negligence of the parties. Such causes may include, without limitation, acts of God or public enemy; acts of the federal, state, or local governments; fires; floods; epidemics; volcanic eruptions; quarantine restrictions; strikes; freight embargoes; court orders; , unusually severe or inclement weather or other condition that causes all or a portion of the Golf Complex facilities to be closed for extended periods of time; or similar condition which results in a situation where the golf course is unsatisfactory ' for play, or if damage to the course and facilities is likely if it remained open. Should the City fail to perform because of a cause described in this subsection, the City shall make a mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Lease, including termination of the Lease if the Golf Complex is deemed unusable by the City as a result of major damage or destruction and the City elects not to rebuild the same. The City shall incur no ' liability to Lessee for loss revenue or other additional compensation as a result of any closure of all or a portion of the golf complex facilities as set forth in this subsection. ' C. In the event that City determines that it is necessary to close all or a portion of the golf complex facilities due to regular maintenance, repair, or capital ' improvements, the City shall coordinate such closing with the Lessee prior to actual closing. Lessee shall comply with the Director's decision to close all or part of the course and facilities, and Rent will be abated on a pro-rata basis for any closure initiated by the City of seven (7) or more consecutive days. In the event the City closes for the premises, the City will use its best efforts to minimize the impacts to Lessee's operations. ' Section 19 HAZARDOUS SUBSTANCES RIVERBEND 18-HOLE GOLF COURSE (2010) ' CLUBHOUSE LEASE - 10 ' A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste , or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now of hereafter in affect pertaining to environmental protection, contamination, or cleanup (collectively, "Environmental Laws"). ' B. Lessee shall keep upon the Concession Areas, in a location accessible to City, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Concession Areas that Lessee has provided to any governmental agency in the previous quarter. Lessee shall, upon request and at Lessee's expense, provide City with a copy of any such report as to which City requests a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that Lessee is required to report to any governmental agency, Lessee shall immediately report the same to the City and supply City with all information and reports with respect to the same, together with Lessee's clean- up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to City in City's sole discretion, City may so notify Lessee and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Lessee Areas to conduct the cleanup or remediation and charge Lessee the costs thereof. All information described herein shall be provided to City regardless of any claim by Lessee that it is confidential or privileged, provided that ' the City shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56, the public Records Act. ' C. Indemnification: Lessee agrees to hold harmless, protect, indemnify, and defend City from and against any damage, loss, claim, or liability, INCLUDING reasonable attorney's fees and costs, resulting from Lessee's use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect, indemnify, and defend Lessee from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Concession Areas as of the date of execution of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or generated on the Concession Areas by any third party unrelated to Lessee. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. SECTION 20. COMPLIANCE WITH LAWS. Lessee shall comply with all applicable Federal or State laws and City ordinances and with applicable Federal, State, City and local directions, rules and regulations. SECTION 21. DAMAGE TO PREMISES. ' RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 11 The parties agree that the primary use of the Riverbend Golf Complex is the ' operation of a golf course. Secondary to that use is the Clubhouse that is the ' subject to this Lease. The parties recognize that some one or more of these uses may be interfered with or prevented because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty "Casualty." ' A. Material Damage. If the Premises are damaged or destroyed by fire or any Casualty which cannot, despite diligent, good faith efforts be repaired or ' restored within one hundred twenty (120) days following the date on which such damage occurs, then Lessee may elect to terminate the Lease effective as of the date of such damage or destruction. Within thirty (30) days after the date of such damage, the parties shall determine how long the repair and restoration will take. , After that determination has been made, Lessee shall have a period of thirty (30) days to terminate the Lease by giving written notice to City. B. Repair after Damage. If Lessee does not give notice of Lessee's , election to terminate as provided in subsection 21.A., then City shall, subject to the provisions of this Section, immediately commence and diligently pursue the completion of the repair of such damage so that the Premises is restored to a condition of similar quality, character and utility for Lessee's purposes. Notwithstanding anything contained herein to the contrary, if the Premises is not , repaired and restored within one hundred twenty (120) days from the date of the damage, Lessee may cancel the Lease at any time before City completes the repairs and delivers the restored Premises to Lessee. If Lessee does not so ' terminate, City shall continue to restore the Premises. Lessee shall have no claim against the City for any direct, incidental or consequential damages arising from the City's failure to commence or complete any repairs to the Premises. , C. Uninsured Damage. If damage or destruction is caused by a peril not required to be insured against hereunder and for which insurance proceeds are not available, either City or Lessee may terminate this Lease by thirty (30) days written notice to the other of its election so to do and the Lease shall be deemed to have terminated as of such date unless the other party agrees in writing to pay for such , repairs or restoration. SECTION 22. SURRENDER OF PREMISES AND REMOVAL OF LESSEE'S ' PROPERTY. A. Upon termination or expiration of this Lease, the Lessee shall surrender the Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Premises. B. The Premises shall be surrendered to the City in as good a condition as at the date of execution of this Lease, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property ' damage by fire and other perils insured in contracts or policies of all risk insurance. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 12 C. Prior to the expiration of the term of this Lease, Lessee shall remove from the Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Premises by the Lessee. D. All City purchased and owned equipment and furnishings, as set forth in Exhibit B, and any such equipment and furnishings situated within the premises subsequently purchased and owned by the City shall remain City property and be left on the Premises. E. In the event that after termination or expiration of this Lease, the City shall have the right-of-first refusal to purchase equipment and fixtures installed at Lessees cost. In the event the City elects not to exercise this right, Lessee may sell the equipment and fixtures. If Lessee does not sell the equipment and fixtures, ' Lessee may remove the equipment and fixtures leaving the Premises and city owned equipment in operating and useable condition. Except for Lessee installed equipment and fixtures, all alterations and capital improvements to the Premises shall become and remain the property of the City. In the event the Lessee has not removed its equipment and fixtures within the time allowed, the City may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and the Lessee shall reimburse the City for any expense incurred by the City in connection with such removal and storage. The City shall have the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to the payment of the charges for storage, and third to the payment of any other amounts which may then be due from Lessee to the City and the balance, if any, shall be paid to the Lessee. ' SECTION 23. LIENS AND ENCUMBRANCES. Lessee shall keep the Premises free and clear of any liens and encumbrances arising or growing out of its use and occupancy of the Premises. At the City's request, Lessee shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Premises if not paid. SECTION 24. ENTRY. ' The City's representative may enter the Premises during normal operating hours for the purpose of inspecting, servicing, and/or repairing the Premises, systems, and equipment for which the City is responsible for under this Lease, except in the case of emergency, but this right shall impose no obligation upon the City to make inspections to ascertain the condition of the Premises in addition to the City's responsibility to conduct annual inspections. SECTION 25. ACCESS TO BOOKS AND RECORDS; CASH RECEIPTS. ' RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 13 The City and the Washington State Auditor, through their representatives, , shall have the right at reasonable times to examine, inspect, and audit books and , records of the Lessee bearing upon, or connected with, the business conducted upon the Premises to determine compliance with the provisions of this Lease. Lessee shall record all sales in a type of cash register or equivalent receipting , system that contains a tape or equivalent record that records and identifies the date, type of sale, and the amount of each transaction; that is equipped with a cumulative, non-alterable accounting control mechanism, and that is subject to ' approval by the City's Finance Department. Lessee will either submit a copy of its previous year's annual report by March 31s` of each year to demonstrate its financial solvency or submit a Certificate of Solvency by a certified public accountant to demonstrate Lessee's ability to maintain operations under this Lease. ' SECTION 26. APPROVAL OF MENUS AND PRICING Final menus and pricing at current market prices will be established with the ' Director's approval after this Lease has been executed and prior to opening the facilities. Once established, the Lessee may not change the items on the menu , more than twenty-five percent (25%) or the prices more than an average of ten percent (10%) without the written approval of the Director. SECTION 27. DELIVERIES. , All Lessees' deliveries made to the premises are restricted to areas , designated by the Director in order to minimize the impact to the golfers. SECTION 28. BREACH ' A. In the event that either party claims that the other is in a breach of any of the provisions of this Lease, notice of the breach shall be submitted to the ' party alleged to be in breach and the party in breach shall have thirty (30) days from receipt of the notice within which to make payments and/or correct any activity or conduct claimed by the other to have constituted a breach of this Lease . I B. In the event that the party in breach shall fail to correct the activity claimed to constitute a breach of this Lease within thirty (30) days of receipt of the ' notice of breach, the party claiming breach may seek judicial remedy or specific performance; and/or pursue any other remedy available at law or equity. C. Notice of Breach may be served on the other party by certified mail , (return receipt requested) or by personal delivery on the Lessee setting forth the manner in which the Lessee is in default. E. Interruption of the use of the Riverbend Golf Complex due to closure, as set forth in Section 18, shall not constitute a breach. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 14 F. Examples of a breach by the Lessee which warrants termination of this ' Lease , if not cured, shall include but not be limited to: 1. Non-payment of funds due to the City on due date. 2. Lessee makes any general assignment or general arrangement for the benefit of creditors or the filing by or against Lessee of a petition to have 1 Lessee adjudicated as bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days) or the appointment of a trustee or a receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease , where possession is not restored to Lessee within thirty (30) days or the attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease where such seizure is not discharged within thirty (30) days. 3. Lessee assigns all or part of its interest in this Lease without prior written consent of the City pursuant to Section 29 below. ' 4. Nonpayment of outstanding current liabilities within ninety (90) days and failure to pay Federal, State, and local taxes and license fees when due. ' SECTION 29. ASSIGNMENT. ' Lessee shall not voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease, or any interest therein, and shall not subcontract the obligations under this Lease, or any part thereof, or allow any person (employees, agents, servants, and invitees of Lessee excepted) to use the Premises, or any portion thereof, without the prior written consent of the City. Any such assignment, subcontracting or use without compliance with the 1 terms of this section shall be void and shall constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation, or any change in the ownership or power to vote in a majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Any consent to one assignment, subcontracting, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontracting, or use by another person. Consent to any such assignment, subcontracting or use shall in no way relieve Lessee of any liability under this Lease. Assignment by Lessee to a financial institution holding a security interest in this Lease shall not be considered a violation of the consent requirements of this Lease. Consent for any subsequent assignment by said financial institution to another Lessee will not be unreasonably withheld; however, any assignee must have experience and be knowledgeable in food and beverage operations. Neither this Lease, nor any right, privilege, nor interest therein or thereunder, shall be transferable by operation of law or by any process or proceeding of any court. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 15 SECTION 30. MODIFICATION. , The parties hereto reserve the right to amend this Lease from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by authorized representatives of the parties hereto. SECTION 31. PAYMENTS TO VENDORS. The Lessee shall pay timely all suppliers and contractors providing services, materials or equipment for carrying out its Obligations under this Lease. The Lessee ' shall not take or fail to take any action in a manner that causes the City or any materials that the Lessee hereunder to be subject to any claim or lien of any person without the City's prior written consent. , Section 32 ADDRESSES FOR NOTICES. Except as specifically set forth in other sections of this Lease, any notice required or , permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt , requested, addressed to LESSEE or the CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other. All notices shall be delivered to the following ' addresses: To the City at the following address: ; Jeff Watling Parks and Recreation Director ' City of Kent 220 Fourth Avenue South Kent, WA 98032 , To the Lessee at the following address: Mick Purdy ' Mick Kelly's, Inc 435 SW 152"d Street Burien, WA 98166 , SECTION 33. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed by law, keep all of Lessee's financial cost information confidential, unless required to disclose the information as a result of the Washington Public Records Disclosure law, Ch. 42.17 RCW or by court order. RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBI IOUSE LEASE - 16 r SECTION 34. SEVERABILITY. In the event any one or more of these Lease terms are held invalid by a court of competent jurisdiction, they shall be severed and this Lease shall not be ' voided in Its entirety. This Lease shall then be Interpreted as if such Invalid term were not contained herein. SECTION 35. ENTIRE LEASE. This Lease constitutes the entire agreement between parties. ' IN WITNESS WHEREOF, the City has caused this Lease to be executed by Its proper officers duly authorized this day of 2010, and the Lessee has hereunto set its hand. LESSEE: CITY: MICK KELLY'S, INC CITY OF KENT By: By: ' Name: Name: Title: Title: Date: Date: APPROVED AS TO FORM: r By: I Civil\Files\Open Files\0463-WashingtonHospitalityRiverbend\Mick Kellys\MickKellyLeaseAgreementDraftS-4- 10 docx i r RIVERBEND 18-HOLE GOLF COURSE (2010) CLUBHOUSE LEASE - 17 _, ------------------------------- 6]-] 4 I >F 0 I - P� e , _--______-__ ,+ 00000000 0 OOOOJ X. ou soda aR33 FrF I� l�nsc jig _R 9 5r� a b' �l III Oti ° e7 fl l,,pp H- 1 n n'tp q� y� = tl � >• � 6 S o gi o RIVER BEND GOLF COMPLEX me a `loll ro ILUAM HARRIS. A 19ARCHITECT AJ D 6 4 t 20 WEST MEEKER — R A HITEOi e qqt i Y N r KENT, WASM GTON a 8 8 8 - I rtaon ftiw-FYE cl��lc cnu _ �Is/.� •��lil 1,:,� _ . � �. s x City of Kent - Riverbend Golf Complex Exhibit B 18 Hole Clubhouse - Restaurant Equipment QtV. Location Description I Bar Single Door Cooler 1 Bar Double Door Cooler 1 Bar Triple Door Cooler 2 Bar Stainless Steel Counters with Sinks 1 Bar Bar Counter and Cabinet Assembly 2 Bar Wall Mounted Cabinet Assembly 1 Bar 7' Built-In Bench Seat I Bar 24' Built-In Bench Seat 1 Kitchen Pizza Oven 1 Kitchen Pizza Oven Hood System 1 Kitchen Double Row Food Warmer and Stainless Steel Counter 3 Kitchen Small Stainless Steel Hand Sinks I Kitchen Large Stainless Steel Hood System 1 Kitchen Medium Stainless Steel Hood System 1 Kitchen Hood/Range Fire Suppression System 2 Kitchen Double Compartment Stainless Steel Sink with Counter 1 Kitchen Stainless Steel Rack and Counter for Dishwasher 1 Kitchen Ice-O-Matic Ice Machine 1 Kitchen 6 x 12 Walk-in Freezer 1 Kitchen 6 x 12 Walk-in Cooler 1 Kitchen 10 x 12 Walk-in Cooler 1 Large Curved Counter/Bar 9 Large Built-In Seating Booth 1 Small Built-In Seating Booth 6 Large Built-In Booth Table I Small Built-In Seating Booth 1 Built-In Fireplace and Structure 1 Hostess Counter 1 Waiting Area Bench Seat 18 Small Ceiling Hung Custom Light 5 Medium Ceiling Hung Custom Light 3 Large Ceiling Hung Custom Light 7 Small Wall Mounted Custom Light 2 Large Wall Mounted Custom Light 5 Roll Down Window Sun Screen 1 Small Wait Station w/ Cabinets and Stainless Steel Water Fill/Ice Bin 1 Large Wait Station w/ Cabinets, Stainless Steel Hand Sink, and Stainless Steel Water Fill/Ice Bin 2 Outdoor Cabinets w/ Stainless Steel Water Fill/Ice Bin 1 Outdoor Cabinet ' 1 Small Outdoor Stainless Steel Cooler 1 40 x 60 Tent 1 Used Beverage Cart 1 Used Beverage Cart - Not Running Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6M 1. SUBJECT: RECREATION AND CONSERVATION OFFICE GRANT APPLICATION RESOLUTION - ADOPT L2. SUMMARY STATEMENT: Adopt Resolution No. authorizing application to the Recreation and Conservation Office for a grant to fund the development of West Hill Park and Lake Meridian Park, and the acquisition of property at Clark Lake Park and within the newly annexed area of Panther Lake. Each year staff pursues funding for park development and/or acquisition of property through the Recreation and Conservation Office (RCO). Staff requests authorization to submit the grant applications to the RCO Washington Wildlife and Recreation Program. i 1 3. EXHIBITS: Staff report and Resolution 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 May 13, 2010 ITO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Park Planner THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2010 RCO Grant Applications - Staff Report The following information details the acquisitions and development projects staff 1 will apply to RCO for funding. Huse Farm Property Acquisition - WWRP - Local Parks ' The City of Kent is requesting funding to be applied towards the acquisition of two parcels of land totaling 33.7 acres next to Soos Creek in the newly annexed Panther Lake Area. The Panther Lake Annexation Area will be officially taken over by the ' City of Kent on July 1, 2010. The property owner is actively cooperating with the City of Kent to finalize a Purchase and Sales agreement. This property would be used by the City of Kent to satisfy a number of park and environmental needs in the Panther Lake Annexation Area. This property is adjacent to King County's 7.62 mile Soos Creek Trail and would serve as the main Northern Kent trail head for our residents that use this trail. This would connect the Panther Lake area to the very popular Lake Meridian Park in the South, with the idea that residents could easily jog, bike, or walk between the two parks. Adding this connectivity would have economic, health, and recreational value to the surrounding residents. ' This property would provide neighborhood park elements to the citizens in the surrounding neighborhood service area that are currently underserved, including a playground, picnic shelter, 1 mile loop trail, parking, a restroom, and a large playfield. The site also boasts a tremendous view of Mt. Rainer and the Soos Creek Valley. The site was identified by King Co. as a high priority for acquisition due to its wildlife habitat, salmon, water quality, and flood storage value to the Soos Creek IEcosystem. Panther Lake Acquisition - WWRP - Water Access This grant will fund the acquisition of four parcels of land totaling 6.62 acres near ' Panther Lake, located in unincorporated King County. The area where the subject property is located is part of the Panther Lake Annexation Area that is anticipated to be annexed into the city on July 1, 2010. The Matinjussi property is a 5.62 acre parcel that has 450 feet of shoreline on Panther Lake. The remaining three parcels make up the one acre Van Dyke ' property which has 150 feet of street frontage. The houses on the Van Dyke properties will be demolished, the Matinjussi house may be saved and used as a maintenance facility and public restroom. Currently there are no passive recreation amenities in this area with an estimated population of about 24,000. The Matinjussi property is the only remaining natural land around Panther Lake that can be utilized for passive recreation. The closest passive recreation opportunities are located about five miles to the south in the City of Kent. The future uses of the park will be a car-top boat launch site for small non- motorized boats, trails and benches for passive recreation, and a pier will be added that extends over the lake to allow for nature watching and easy fishing access. Also a picnic shelter, restroom, playground, and 36 stall parking lot would be , constructed. Clark Lake Park Expansion Acquisition - WWRP - Local Parks Clark Lake Park is located centrally on the East Hill of Kent where approximately 80% of the city's residents live. Clark Lake Park is currently 131 acres surrounding the 7 acre freshwater lake. It is considered to be the "central park" of the city's park system and is a regional amenity for South King County that provides excellent passive recreation opportunities in the midst of a dense residential area. The acquisition of this 2.285 acres is vital to the long term vision of the park because it includes 30 feet of lake frontage and about 10,000 sq feet of the lake. Without this property the goal of turning the existing 2 miles of trails on site into a loop around the lake will not be possible. The upland portion of the property will likely be used for future park amenities and will allow us to keep the middle of the eventual 167 acre park as natural as possible. King County begun to assemble the land around Clark Lake in the 1990's and since annexation into Kent in 1997 Kent Parks has more than doubled the size of the park. This is one of the remaining four key parcels to complete the park. The , current owners have recently expressed a desire to sell and it is vital that we take advantage of this rare opportunity. West Hill Park Development Phase 1 - WWRP - Local Parks i This grant will develop 3 acres of a previously undeveloped 6 acre parcel of land in Kent. This project was developed in conjunction with the renovation of Sunnycrest Elementary School by the Federal Way School District. A joint design process ensured that the two public spaces would enhance the value of each other and would function as one. The idea was to design a school in a park. Phase 2 of this project will include a trail corridor that will connect this property to the Green River Corridor and Lake Fenwick regional trail. The site was formerly Nike Missile Site S-43 at Kent/Midway in the Seattle defense area and was active from 1956 to 1963. The purpose of the site was to guard against high-altitude supersonic bombers. A mound remaining on-site that served as a radar mount for the military base will be converted into a viewing mound with stunning views of Mt. Rainier and Mt. Baker. The history of the site will be explained on interpretive signage around the park and factor into the design and artwork on-site. Planned development on the park property will include play equipment, park furniture, a restroom, parking, area lighting, landscaping, walking trails, a natural turf multipurpose play field, and fencing. Kent is experiencing a shortage of non- scheduled open play space. The Parks Department has had numerous requests for open play space for non organized individual and team activities, such as tethered I plane flying, ultimate Frisbee, kite flying, and neighborhood games of soccer and baseball/softball. Lake Meridian Park Renovation Phase 1 — WWRP — Local Parks The existing playground at Lake Meridian Park is in a dilapidated state. It does not meet the needs of the most popular park in Kent's park system. The swings, ADA swing, some rubber tiles, many other features are past the point of repair and have been removed. The remaining play structure is not up to current safety standards and is rapidly decaying. ' This park serves all of Kent as well as the surrounding communities in Auburn, Covington, Renton, and Maple Valley and is hugely popular (65,769 people visited the park in the summer of '08). In addition this park is on the East Hill of Kent where over 80% of Kent residents reside. The surrounding playgrounds do not meet current need in the area, the majority of them are very small neighborhood playgrounds without parking. The exception to that is Service Club Ballfields which is a little over a mile to the South. It has significant parking conflicts on league nights and during tournaments and has to be closed when adults are playing due to its location over the outfield fence. This playground expansion will take advantage of existing facilities like a huge parking lot and restrooms and make this park a year round destination. Lake Meridian Park is also at the end of King County's Soos Creek Trail making it possible for people to get to the park from the newly annexed Panther Lake area without having to drive. The park facilities in this area are sorely lacking, and this project would put a destination playground within biking distance. RESOLUTION NO. iA RESOLUTION of the City Council of the City of Kent, Washington, authorizing applications to the Recreation and Conservation Office (RCO) for state funding assistance for a Washington Wildlife and Recreation Program ("WWRP") as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. 1 RECITALS A. The Kent City Council has approved a comprehensive plan that includes park development in the West Hill Park and Lake Meridian Park areas, and park property acquisitions in the Clark Lake Park area and tPanther Lake annexation area. The City considers it in the best interest of the public to complete these park development and acquisition projects, tand is therefore seeking state funding assistance from the state of Washington Recreation and Conservation Office for a Washington Wildlife ' Recreation Program (WWRP) project as provided for in Chapter 79A.15 RCW. r NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, 1 WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation and Conservation Office Grant Application RESOLUTION SECTION 1. - Avolication. The city's Parks, Recreation, and t Community Services director is authorized to make formal application to the state of Washington Recreation and Conservation Office (RCO) for funding assistance. SECTION 2. - Use of Funds. Any funding assistance received from RCO will be used for the implementation of the plans for park development ' in the West Hill Park and Lake Meridian Park areas, and park acquisitions in the Clark Lake Park area and Panther Lake annexation area. SECTION 3. - Non-Cash Commitments. The City of Kent i acknowledges that it is responsible for supporting all non-cash commitments of a third party sponsor should those commitments not be fulfilled in the future. SECTION 4. - Use Retained In Pernetuity. The City of Kent acknowledges that any property acquired or facility developed with Recreation and Conservation Funding Board (RCFB) financial aid must be placed in use for the funded purpose as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent and RCFB. SECTION 5. -Resolution - Part of Application. This resolution may become part of a formal application to RCO. r SECTION 6. - Public Comment. The City of Kent provided appropriate opportunity for the public to comment and be heard on May 13, 2010. 2 Recreation and Conservation Office Grant Application SECTION 7. - 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 S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 9. - Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is 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 10. - 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 1 City of Kent, Washington, this day of May, 2010. CONCURRED in by the Mayor of the City of Kent this day of May, 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 1 3 Recreation and Conservation Office Grant Application 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 May, 2010. BRENDA ]ACOBER, CITY CLERK P \Civil\Resolution\RecreationandConservationOfficeGrantApplication docx 4 Recreation and Conservation Office Grant Application Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6N 1 1. SUBJECT: KENT ARTS COMMISSION APPOINTMENTS - CONFIRM ' 2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Michael Cercado and Natalya Braz to the Kent Arts Commission. Michael Cercado is a student at Kent Meridian High School who plans on pursuing a career in visual arts, theater, and music. Michael will fill a vacancy on the commission following Jackie Argueta's departure. His term will expire October 2011. Natalya Braz is also a student at Kent Meridian High School who is also very much involved in arts. Natalya enjoys visual arts and performing. Her term will expire October 2011. 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 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S K E N T Kent WA 98032-5895 WAS H I N D-C N 1 TO: Jamie Perry, Council President City Council Members FROM Suzette Cooke, Mayor DATE- May 18, 2010 RE Appointments to the Arts Commission I am requesting your approval of my appointment of Michael Cercado and Natalya Braz to the Kent Arts Commission Michael Cercado is a student at Kent Meridian High School who plans on pursuing careers in visual arts, theater and music Michael's interests include the Kent Meridian band and he currently plays a variety of instruments He has performed in three plays and joined the Filipino Club where he teaches youth to dance Tinikling During his service in the Art Club at KM, he helped paint the mural in the cafeteria Michael is on the honor roll at Kent Meridian and remains active in all of the arts I am pleased to recommend him for service on the City's Arts Commission Michael will fill a vacancy on the commission following Jackie Argueta's departure His term will expire October 2011 Natalya Braz is also a student at Kent Meridian High School who is very much involved in arts Natalya enjoys visual arts and performing She assists with the drama club at KM and enjoys photography and writing. Natalya would like to serve on the Arts Commission to make a difference in her community and enrich the lives of people living in Kent I am pleased to recommend Natalya as a youth member of the Kent Arts Commission Her term will expire October 2011 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 60 I 1. SUBJECT: WASHINGTON AUTO THEFT PREVENTION AUTHORITY GRANT AWARD - ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: Accept the Washington Auto Theft Prevention Authority grant in the amount of $800,000, authorize the Mayor to sign all necessary documents, amend the budget, and authorize expenditure of the funds. The Kent Police Department will serve as the fiscal manager for the WATPA grant in the amount of $800,000. The grant was awarded to the Preventing Auto Theft through Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department on behalf of the PATROL Task Force, which is comprised of many South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. The grant will fund personnel and equipment for the PATROL Task Force. This represents the third year of continued funding for the PATROL Task Force. The funding period is from July 1, 2010, through June 30, 2011. The award is funded by $10 of every traffic citation from across the state, which has been directed to WATPA. No City matching funds are required. 3. EXHIBITS: Memo dated 5/11/10 and Award notification from WATPA dated 3/26/10 4. RECOMMENDED BY: Public Safety Committee 5/11/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds i DISCUSSION: ACTION: i r POLICE DEPARTMENT Steven D. Strachan, Chief of Police Phone: 253-856-5888 K E N T Fax: 253-856-6802 W A S H I N G T G N Address. 220 Fourth Avenue S. Kent, WA. 98032-5895 I DATE: May 11, 2010 TO: Public Safety Committee SUBJECT: Washington Auto Theft Prevention Authority grant award MOTION: I move to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant in the amount of $800,000 and establish the budget. SUMMARY: The grant is for third year continuation funding for the Prevention of Auto Theft through Regional Operational Links (PATROL) task force. The funds will be used for task force and support staffing, equipment and training. Kent Police Department will be the fiscal manager for the funds. Several law enforcement and public agencies are included in this grant application as a multi-jurisdictional approach to the reduction of auto theft in South King County/North Pierce County. Funds from the Washington Auto Theft Prevention Authority (WATPA) must be used to prevent and reduce vehicle theft through the development and implementation of: • Effective law enforcement investigation/enforcement/prosecution programs. • Prevention/public awareness/community education projects. • Equipment/technology related to auto theft prevention and reduction. • Training directly related to motor vehicle theft initiatives. iThe funding period is from July 1, 2010 through June 30, 2011. EXHIBITS: WATPA award notification dated 3/26/10. BUDGET IMPACT: No city matching funds are required. BACKGROUND: City of Kent Public Safety Committee WATPA Grant award May 11, 2010 rom: Cynthia Jordan [mailto:cjordan@waspc.org] ent: Friday, March 26, 2010 2:47 PM o: Andy Hwang c: Brian Wilson; Pagel, John ubject: 10-11 PATROL FedWay.pdf reetings, ongratulations on your successful WATPA continuation of grant funding application. Attached is your agency totification letter. Your grant award is at the same level as last year($800,000.00), but less then was requested on your application ($928,706 00). telow is the budget that you submitted for consideration, however I need for it to be revised to reflect the approved funding level Please email the revised budget back to me and once received you will be sent an agreement sheet for Iignature If you have questions or concerns please let me know and I will be happy to assist you. Sincerely, lynthia Jordan, Division Assistant II Nashington Auto Theft Prevention Authority Washington Association of Sheriffs and Police Chiefs 160- 292-7939 cjordan@waspc_o g tt_ watpa.waspc org A_ Personnel — ----- --------- -684,909 00 B- anployee Benefits 208,577-00 C_ Consultants/Contracts - D. Travel/Trainings 2500.00 E_ Other Expenses 323,720.00 T_ "Ui )Ment - rG_ Prosecution - H. Confinement - TotaL 928,706.00 AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENTION GRANT PROGRA,YI AWARD SKEET 1 Award Recipient Name and Addtess 2 Contact- Andy Hwang Federal Way Police Department Title Assistant Chief 1100 PO Box 9718 Telephone 253-835-6701 Federal Way, WA 98063-9718 3 Project Title 4 Award Period PATROL Task Force 07/01/10- 06/30/11 5 Giant No 6 Funding Authority 10-GG-WATPA-001 WASHINGTON AUTO THEFT PREVENTION AUTIIORIT'Y 7 Amt Approved 8 Service Aiea $800,000.00 King County 9 Requests foi reimbursement undei this agreement are subject to the following Budget A Personnel 584,808 00 B Employee Benefits 174,552 00 C Consultants/Contracts 5,00000 D Ti aveUTraini rigs 5,00000 E Other Expenses 30,640 00 F Equipment - G Prosecution H Confinement Total: 800,000.00 IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the teems of this AGREEMENT aiid attachments hereto, and in witness wheieof have executed this AGREEMENT as of the date and year last written below The rights and obligations of both parties to this AGREEMENT ate governed by the infoi oration on this Award Sheet and other documents incoiporated heieur by iefelence Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions WATPA RECIPIENT Name/ Tom Corzine, Name/ Title WATPA, F,xecutive Dnector Title J. A Date 3/25/2010 Date �i� jKent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6P 1. SUBJECT: AMENDMENTS TO CRIMINAL CODE, ORDINANCE - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance No. , amending Chapter 9.02 of the Kent City Code to adopt by reference for enforcement in Kent new and amended code provisions recently adopted by the state Legislature regarding possession of firearms by non-citizens, dog breeding practices, retail restroom access by customers with medical conditions, and definition of the word "conviction" regarding commercial drivers' licenses. 3. EXHIBITS: Ordinance, Memorandum to Public Safety Committee, and Legislative Bill Reports 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: f i LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 11, 2010 To: Public Safety Committee From: Julie Stormes, Prosecutor Regarding: Criminal Code Amendment Due to 2009 State Legislative Session MOTION: Recommend the City Council adopt the proposed ordinance amending Ch. 9.02 of the Kent City Code to adopt by reference for enforcement in Kent new and amended code provisions recently adopted by the state Legislature regarding possession of firearms by noncitizens, dog breeding practices, retail restroom access by customers with medical conditions, and definition of the word "conviction" regarding commercial drivers' licenses. SUMMARY: In October 2002, the City Council enacted Ordinance No. 3621 which adopted by reference a number of state laws regarding criminal and fineable activity that are set forth in the Revised Code of Washington ("RCW"). Ordinance No. 3621 is codified in Chapter 9.02 of the Kent City Code (KCC). Each year, the City amends various sections of Chapter 9.02 KCC in order to adopt for enforcement in Kent new and previous code provisions that are amended and adopted by the state legislature during its last legislative session. In 2009, the state legislature adopted four bills that require amendment of the KCC. 2SHB 1052 - RCWs 9.41.171, 9.41.173, and 9.41.175 - Possession of Firearms by NonCitizens RCWs 9.41.171, 9.41.173, and 9.41.175 require non-US citizens who are residents of the State of Washington to obtain a state firearm license before carrying or possessing a firearm in the State of Washington. RCW 9.41.173 states that an alien resident who knowingly makes a false statement of citizenship or identity on an application for an alien firearm license is guilty of False Swearing (RCW 9A.72.040), a gross misdemeanor. Violation of other licensing requirements set forth by these statutes is a Class C felony. If the King County Prosecutor declines to file charges for this felony violation, adopting these statutes for enforcement in Kent will allow Kent prosecutors to charge a violation as a misdemeanor offense. Memo- Public Safety Committee May 11, 2010 Page 2 ESSB 5651 - RCW 16.52.310 - Dog Breeding Practices At RCW 16.52.310, the state legislature enacted a new provision that prohibits a person from owning, possessing, or controlling more than 50 dogs with Intact sexual organs that are over the age of six (6) months. The statute adopts various provisions in an effort to provide for the humanitarian treatment of dogs used in breeding practices, e.g. : a crate size that sufficiently allows the dog to lie down without having to touch any part of the crate or another dog, at least a one hour exercise period per day, and that the breeding facilities and dog enclosures be kept in a sanitary condition. Violation of this statute is punishable as a gross misdemeanor. The statute is not applicable to publicly run animal shelters, private and/or not-for-profit animal rescue organizations, veterinary facilities, pet stores, research institutes, boarding and/or grooming facilities, or commercial dog breeders licensed by the U.S. Department of Agriculture before January 1, 2010 ESHB 1138 - RCW 70.54.400 - Retail Restroom Access for Customers with Medical Conditions The legislature adopted a new law at RCW 70.54.400, which makes it a class 2 civil infraction to deny members of the public with certain medical conditions the use restrooms a retail establishment makes available to its employees. Medical conditions covered under this new statute include Crohn's disease, ulcerative colitis, irritable bowel syndrome, or other inflammatory bowel disease; irritable bowel syndrome; any condition requiring use of an ostomy device; or any permanent or temporary medical condition that requires immediate access to a restroom The first time that a retail establishment violates the statute, the statute requires that the City Attorney send a warning letter to the owner or operator and to any employee who denied access, informing them of the statutory requirements. Any subsequent violations carry a maximum fine amount of $125, plus statutory assessments, which may be assessed against the retail establishment or its employee who denied access. J Memo• Public Safety Committee May 11, 2010 Page 3 SB 6068 - RCW 46.20.270 & 46.25.010 - Commercial Drivers' Licenses and Definition of 'Conviction" ' Finally, the state legislature amended RCW 46.20.270 to provide that the term "conviction" as used in that statute shall have the same meaning as provided for In RCW 46.25.010. The legislature then amended RCW 46.25 010 to provide that the term Includes a person's entry into a deferred prosecution program for purposes related to the Department of Licensing's regulation of commercial drivers' licenses. The effect of this amendment is to allow the Department of Licensing to consider a deferred prosecution sentence In evaluating whether to suspend or revoke a driver's commercial driving license BUDGET IMPACT: None P\Gvd\Motions-BlueSheets\CnminalCodeAmendment2009-MotionSheet doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to adopt by reference for enforcement in Kent new and amended code provisions recently adopted by the state Legislature. RECITALS A. During its 2009 legislative session, the Washington State Legislature adopted four bills that either adopt new provisions within the Revised Code of Washington ("RCW") or amend existing provisions that require amendment of the Kent City Code to adopt these state statutes for enforcement in Kent. B. RCWs 9.41.171, 9.41.173, and 9.41.175 require non-US citizens who are residents of the State of Washington to obtain a state firearm license before carrying or possessing a firearm in the State of Washington. RCW 9.41.173 states that an alien resident who knowingly makes a false statement of citizenship or identity on an application for an alien firearm license is guilty of False Swearing (RCW 9A.72.040), a gross misdemeanor. Violation of other licensing requirements set forth by these statutes is a Class C felony. If the King County Prosecutor declines to file charges for this felony violation, adopting these statutes for enforcement 1 Criminal Code Amendments- 2009 State Legislative Session in Kent will allow Kent prosecutors to charge a violation as a misdemeanor offense. C. At RCW 16.52.310, the state legislature enacted a new provision that prohibits a person from owning, possessing, or controlling more than 50 dogs with intact sexual organs that are over the age of six (6) months The statute adopts various provisions in an effort to provide for the humanitarian treatment of dogs used in breeding practices, e.g.: a crate size that sufficiently allows the dog to lie down without having to touch any part of the crate or another dog, at least a one hour exercise period per day, and that the breeding facilities and dog enclosures be kept in a sanitary condition. Violation of this statute is punishable as a gross misdemeanor. The statute is not applicable to publicly run animal shelters, private and/or not-for-profit animal rescue organizations, veterinary facilities, pet stores, research institutes, boarding and/or grooming 1 facilities, or commercial dog breeders licensed by the U.S. Department of Agriculture before January 1, 2010. D. The legislature adopted a new law at RCW 70.54.400, which makes it a class 2 civil infraction to deny members of the public with certain medical conditions the use restrooms a retail establishment makes available to its employees. Medical conditions covered under this new statute include Crohn's disease, ulcerative colitis, irritable bowel syndrome, or other inflammatory bowel disease; irritable bowel syndrome; any condition requiring use of an ostomy device; or any permanent or temporary medical condition that requires immediate access to a restroom. The first time that a retail establishment violates the statute, the statute requires that the City Attorney send a warning letter to the owner or operator and to any employee who denied access, informing them of the statutory requirements. Any subsequent violations carry a maximum fine amount of $125, plus statutory assessments, which may be assessed against the retail establishment or its employee who denied access. 2 Criminal Code Amendments- 2009 State Legislative Session E. Finally, the state legislature amended RCW 46.20.270 to provide that the term "conviction" as used in that statute shall have the same meaning as provided for in RCW 46.25.010. The legislature then 1 amended RCW 46.25.010 to provide that the term includes a person's entry into a deferred prosecution program for purposes related to the Department of Licensing's regulation of commercial drivers' licenses. The effect of this amendment is to allow the Department of Licensing to consider a deferred prosecution sentence in evaluating whether to suspend or revoke a driver's commercial driving license. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.060 of the Kent City Code, entitled "RCW Title 9, entitled 'Crimes and Punishments' - Adoption by reference," is amended as follows: Sec. 9.02.060. RCW Title 9, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.01.055 Citizen immunity if aiding officer, scope - When. 9.01.110 Omission, when not punishable. 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.040 Keeping or storing equipment for sale 3 Criminal Code Amendments- 2009 State Legislative Session 9.04.010 False advertising. 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals - False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. 9.08.072 Transferring stolen pet animal to a research institution - Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate offenses. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. 9.16.010 Removing lawful brands. 9.16.020 Imitating lawful brand. 9.16.030 Counterfeit mark - Intellectual property. 9.16 035 Counterfeiting - Penalties. 9.16.041 Counterfeit items - Seizure and forfeiture. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded. 9.16 100 Use of the words "sterling silver," etc. 9.16.110 Use of words "coin silver," etc. 9 16.120 Use of the word "sterling" on mounting. 9.16.130 Use of the words "coin silver" on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 "Marked, stamped or branded" defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding. 9.18 150 Agreements outside state. 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards - Prohibited acts. 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service - Penalty. 4 Criminal Code Amendments- 2009 State Legislative Session 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.27.015 Interference, obstruction of any court, building, or residence - Violations. 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or fire fighting equipment - False alarm - Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons - Penalty. 9.41.050 Carrying firearms. III 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.090 Dealer deliveries regulated - Hold on delivery. 9.41.100 Dealer licensing and registration required. ' 9.41.110 Dealer's licenses, by whom granted, conditions, fees Employees, fingerprinting and background checks Wholesale sales excepted - Permits prohibited. 9.41.140 Alteration of identifying marks - Exceptions. 9.41.171 Alien possession of firearms - Requirements - Penalty. 9.41.173 Alien possession of firearms - Alien firearm license - Political subdivisions may not modify requirements - Penalty for false statement. 9.41.175 Alien possession of firearms - Possession without license - Conditions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol by person from eighteen to twenty-one. 9.41.250 Dangerous weapons - Penalty. 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm - Unlawful carrying or handling - Penalty - Exceptions. 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. 9.41.300 Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. 5 Criminal Code Amendments- 2009 State Legislative Session 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property - Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.46.196 Cheating. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation - Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty 9.51.030 Misconduct of officer in charge of jury. 9.61.230 Telephone harassment. 9.61.240 Telephone harassment - Permitting telephone to be used. 9.61.250 Telephone harassment - Offense, where deemed committed. 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. - Exemptions. 9.68.030 Indecent articles, etc. 9.68.050 "Erotic material" - Definitions. 9.68.060 "Erotic material" - Determination by court - Labeling - Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. 9.68.080 Unlawful acts. 6 Criminal Code Amendments- 2009 State Legislative Session 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 "Sexually explicit material" - Defined - Unlawful display. 9.68A.011 Definitions. 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct - Report required. 9.68A.090 Communication with minor for immoral purposes. 9.68A.110 Certain defenses barred, permitted. 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance - Definitions - Penalty. 9.69.100 Duty of witness of offense against child or any violent offense - Penalty 9,72.090 Committal of witness - Detention of documents. 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication - Consent required - Exceptions 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 - Standards - Court authorizations - Admissibility. 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions. 9.91.010 Denial of civil rights - Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.025 Unlawful bus conduct. 9.91.060 Leaving children unattended in a parked automobile. 9.91.140 Food stamps. 9.91.142 Food stamps - Trafficking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 7 Criminal Code Amendments- 2009 State Legislative Session SECTION 2. - Amendment. Section 9.02.100 of the Kent City Code, entitled "Chapter 16.52 RCW, entitled 'Prevention of Cruelty to Animals' - Adoption by reference," is amended as follows: Sec. 9.02.100. Chapter 16.52 RCW, entitled "Prevention of j Cruelty to Animals" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 16.52.011 Definitions - Principles of liability. 16.52.015 Enforcement - Law enforcement agencies and animal care and control agencies. 16.52.080 Transporting or confining in unsafe manner - Penalty. 16.52.085 Removal of animals for feeding - Examination - Notice - Euthanasia. 16.52.090 Docking horses - Misdemeanor. 16 52.095 Cutting ears - Misdemeanor. 16.52.100 Confinement without food and water - Intervention by others. 16.52.117 Animal fighting - Owners, trainers, spectators - Exceptions. 16.52.165 Punishment - Conviction of misdemeanor. 16.52.190 Poisoning animals - Penalty 16.52 200 Sentences - Forfeiture of animals - Liability for cost - Civil penalty - Education, counseling. 16.52.207 Animal cruelty in the second degree. 16.52.210 Destruction of animal by law enforcement officer - Immunity from liability. 16.52.300 Dogs or cats used as bait - Seizure - Limitation. 16.52.310 Dog breeding - Limit on the number of dogs - Reguired conditions - Penalty - Limitation of section - Definitions SECTION 3. - Amendment. Section 9.02.160 of the Kent City Code, entitled "RCW Title 70, entitled 'Public Health and Safety' - Adoption by reference," is amended as follows: Sec. 9.02.160. RCW Title 70, entitled "Public Health and Safety" - Adoption by reference. The following RCW sections, as 8 Criminal Code Amendments- 2009 State Legislative Session currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 70.54.400 Miscellaneous health and safety provisions. 70.74.010 Definitions. 70.74.160 Unlawful access to explosives. 70.74.295 Abandonment of explosives. 70.74.300 Explosive containers to be marked - Penalty. 70.74.310 Gas bombs, explosives, stink bombs, etc. 70.74 400 Seizure and forfeiture. 70.155.080 Purchasing, possessing, or obtaining tobacco by persons under the age of eighteen - Civil infraction - Courts of jurisdiction. SECTION 4. - Amendment. Section 9.36.015 of the Kent City Code, entitled "Driving regulations," is amended as follows: Sec. 9.36.015. Driving regulations. The following sections of Chapters 46.20 and 46.61 RCW are hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. RCW 46.20.005 Driving without a license - Misdemeanor, when. 46.20.015 Driving without a license - Traffic infraction, when. 46.20.270 Conviction of offense requiring withholding driving privilege - Procedures - Definitions. 46.20.720 Ignition interlocks, biological technical devices - Drivers convicted of alcohol offenses. 46.20.730 Ignition interlock device - Other biological or technical device - Definitions. 46.61.5249 Negligent driving - First degree. 9 Criminal Code Amendments- 2009 State Legislative Session SECTIONS. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations, or ordinance numbering and section/subsection numbering. SECTION 7. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR , ATTEST: 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 10 Criminal Code Amendments- 2009 State Legislative Session PASSED: day of May, 2010. APPROVED: day of May, 2010. PUBLISHED: day of May, 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK o\Crv0\Odinance\CtlminalCode-2009Amendments doa r I 11 Criminal Code Amendments- 2009 State Legislative Session FINAL BILL REPORT - 2SHB 1052 C216L09 Synopsis as Enacted Brief Description Concerning firearm licenses for persons from other countries. Sponsors. House Committee on General Government Appropriations (originally sponsored by Representatives Moeller, Williams, Blake, Chase and Kretz). House Committee on Judiciary House Committee on General Government Appropriations Senate Committee on Judiciary Background: Alien Firearm Licenses It is a class C felony for a person who is not a citizen of the United States to possess a firearm in Washington unless the person has obtained an alien firearms license from the Department of Licensing(DOL) To obtain an alien firearms license, an applicant must: provide proof that he or she is lawfully present in the United States, undergo a fingerprint- based background check; and, with certain exceptions, provide specified information from the applicant's consulate located in Washington The DOL has interpreted the alien firearms license statute to allow only those non-citizens who are residents of Washington to obtain an alien firearm license. An alien firearm license is valid for five years. An applicant for an alien firearm license must pay a fee of$55 to the DOL plus additional charges imposed by the Federal Bureau of Investigation (FBI) that are passed on to the applicant The fee is distributed as follows• $15 to the DOL, $25 to the Washington State Patrol, and $15 to the local law enforcement agency conducting the background check. ' A Canadian citizen is exempt from the requirements of the alien firearm license statute if the Canadian citizen possesses the firearm for the purpose of hunting or competing in a bona fide trap or skeet shoot or other organized event where firearms are used, and if the Canadian citizen lives in a province that provides similar privileges to Washington residents Federal Law. This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations This analysis is not a part of the legislation nor does it constitute a statement of legislative intent House Bill Report - 1 - 2SHB 1052 The federal Gun Control Act generally prohibits aliens admitted to the United States under non-immigrant visas from importing firearms into or possessing firearms within the United States. There is an exception for non-immigrant aliens who are admitted to the United States for lawful hunting or sporting purposes or in possession of a hunting license lawfully issued in the United States A non-immigrant alien who wishes to import a firearm or ammunition into the United States must have an approved Application and Permit for Temporary Importation of Firearms and Ammunition for Nonimmigrant Aliens (ATF Form 6NIA) In order to obtain approval for an ATF Form 6NIA permit.the non-immigrant alien must possess either a valid hunting license issued by a state, or an invitation or registration to attend a competitive target shooting event or sports or hunting trade show sponsored by a national, state, or local jurisdiction Summary: The alien firearm statute is repealed and new requirements for the possession of firearms by non-citizens are established. It is a class C felony for a person who is not a citizen of the United States to possess a firearm to Washington unless the person is. a lawful permanent resident, a non-immigrant alien residing in Washington who has obtained an alien firearm license, or a non-immigrant alien residing outside of Washington who meets certain requirements Non-immigrants Residing in Washington A non-immigrant alien residing in Washington must obtain an alien firearm license in order to carry or possess a firearm An applicant for an alien firearm license may apply to the county sheriff where he or she resides, and the sheriff has 60 days to issue the license The license is valid for two years and allows the applicant to carry or possess a firearm only for the purpose of hunting and sport shooting An applicant for an alien firearm license must submit a copy of a passport and visa showing that the applicant is in the country legally and a valid Washington hunting license or documentation that the applicant is a member of a sport shooting club The county sheriff must conduct a fingerprint-based background check through the National Crime Information Center, the Washington State Patrol (WSP), the Department of Social and Health Services databases, and other appropriate agencies. to determine whether the applicant is ineligible to possess a firearm under state law. One copy of the license must be sent to the DOL, and the county sheriff issuing the license must retain a copy for six years The fee for the license is $50,plus additional charges imposed by the WSP and the FBI that are passed on to the applicant. The fee is retained by the county sheriff issuing the license. Non-immigrants Who Do Not Reside in Washington A non-immtgrant alien who is not a resident of Washington may carry or possess a firearm in Washington only for the purpose of hunting or sport shooting if the person possesses: a valid House Bill Report -2- 2SHB 1052 passport and visa or, in the case of a Canadian citizen, valid documentation for entry into the United States, an approved ATF Form 6NIA application and permit, if required under federal law. and a valid hunting license or an invitation to participate in a trade show or sport shooting event. Other Provisions. Law enforcement agencies and other entities are provided immunity for activities associated with the issuance or denial of an alien firearm license. The concealed pistol license statute is amended to reference alien firearm licenses created by the act A person who is not a citizen of the United States has to comply with the requirements of the alien firearm statute, if applicable, in order to obtain a concealed pistol license. Votes on Final Passage: House 97 0 Senate 45 0 (Senate amended) House 97 0 (House concurred) Effective: July 26, 2009 House Bill Report -3 - 2SHB 1052 FINAL BILL REPORT ESHB 1138 C 438 L 09 Synopsis as Enacted Brief Description: Concerning access to employee restrooms in retail stores. Sponsors: House Committee on Judiciary (originally sponsored by Representatives Liias, Clibborn, Moeller, Green, Cody, Driscoll, Morrell and Pedersen). House Committee on Judiciary Senate Committee on Judiciary V Background: Inflammatory bowel disease (IBD) encompasses a group of conditions of the small and large intestine. The two main categories of IBD are ulcerative colitis and Crohn's disease, both of which typically cause patients to experience diarrhea and abdominal pain, among other symptoms. There is no known cure for IBD Although a person with IBD may achieve remission through treatment, he or she will likely experience the occasional, acute resurgence of the original symptoms When a person suffers a resurgence episode, he or she will often require the use of a restroom in order to alleviate his or her discomfort Severe IBD may require surgery, including a temporary or permanent colostomy or ileostomy. An ostomy refers to a surgically created opening in the body for the discharge of body wastes An ostomy device is a receptacle used to collect the diverted waste Under public accommodation laws, a retail establishment is not explicitly required to allow a customer access to a non-public restroom The Human Rights Commission has adopted rules prohibiting a person in the operation of a place of public accommodation from fading to reasonably accommodate the known physical, sensory, or mental limitations of a disabled person, when ordinary service would prevent the person from fully enjoying the place of public accommodation Whether an accommodation is "reasonable" is determined on a case- by-case basis Thus. depending on the unique context of a contemplated retail establishment, it may or may not be reasonable for that establishment to provide safe access to an employee restroom. Summary. Customer Access to Employee Restroom Facilities. This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations This analysis is not apart of the legislation nor does it constitute a statement of legislative intent House Bill Report - I - ESI4B 1138 A retail establishment with a restroom facility for its employees must allow a customer with an "eligible medical condition" to use the facility during normal business hours if the customer provides written evidence of having an eligible medical condition and either (1) the employee restroom is reasonably safe and is not located in an area where providing access would create an obvious health or safety risk to the customer, or(2) allowing the customer access does not pose a security risk to the retail establishment or its employees In addition, a retail establishment must allow any customer to use an employee restroom if three or more employees are working at the time the customer requests access to the restroom and either the employee restroom is reasonably safe for the customer or the customer's access to the restroom does pose a security risk to the establishment or its employees A retail establishment is not required to make any physical changes to an employee restroom and may require that an employee accompany the customer to the restroom. "Retail establishment" means a place of business open to the general public for the sale of goods or services. It does not include a structure of 800 square-feet or less An "eligible medical condition" means Crohn's disease, ulcerative colitis, any other IBD, irritable bowel syndrome, any condition requiring the use of an ostomy device, or any other permanent or temporary medical condition that requires immediate access to a restroom facility Written evidence of an eligible medical condition or device must be either. (1) in the form of a signed statement by the customer's health care provider on a form prepared by the Department of Health (DOH), or (2) an identification card issued by a nonprofit organization whose purpose includes serving persons suffering from the medical condition or using an ostomy device. The DOH is required to develop the standard electronic form but is not required to distribute printed versions of the form. It is a misdemeanor to fraudulently use a form as evidence of an eligible medical condition. Violations. For a first violation, the city or county attorney will issue a warning letter to a retail establishment and any employee who denies access to an employee restroom in violation of the requirements For a subsequent violation, the retail establishment or employee is guilty of a civil infraction not to exceed $100 Qualified Immunity. A retail establishment or an employee is not civilly liable for any act or omission where a customer has been permitted to use a restroom that is ordinarily reserved for employees if the act or omission meets all of the following: • It is not willful or grossly negligent. • It occurs in an area of the retail establishment that is not accessible to the public. • It results to an injury to or death of the customer or any individual other than an employee accompanying the customer. Votes on Final Passage: House Bill Report -2- ESHB 1138 House 90 7 Senate 41 6 (Senate amended) Senate 33 12 (Senate amended) House 93 0 (House concurred) Effective: July 26, 2009 1 House Bill Report -3- ESHB 1138 FINAL BILL REPORT - ESSB 5651 C 286 L 09 Synopsis as Enacted IBrief Description- Providing humanitarian requirements for certain dog breeding practices. Sponsors Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators Kohl-Welles, Delvin, Kline and Tom). Senate Committee on Judiciary Senate Committee on Labor, Commerce & Consumer Protection House Committee on Judiciary Background: The United States Congress passed the Animal Welfare Act (Act) in 1966. The law requires the humane care and treatment of certain animals sold as pets at the wholesale level, transported in commerce, and used in research or exhibits. Individuals using 1 or working with these animals must be licensed or registered by the United States Department of Agriculture (Department). They also must comply with regulations and standards enforced by the Department's Animal and Plant Health Inspection Service (APHIS). Although the Act generally does not cover domestic pets in retail stores, APHIS does inspect the wholesale dealers that supply such stores with dogs and cats. Washington State's law for the prevention of cruelty to animals prohibits certain practices and activities involving animals The law prohibits transporting or confining animals in an unsafe manner, engaging animals in exhibition fighting with other animals, and poisoning animals Law enforcement agencies and animal care and control agencies may enforce the provisions of the animal cruelty law. Counties may individually regulate kennels, grooming facilities, and pet stores Summary. A person may not own, possess, control, or have charge or custody of more than 50 do-s with intact sexual organs over six months old at anytime Any person who has more than ten dogs with intact sexual organs over six months old and who keeps the dogs in an enclosure for the majority of the day, must at a minimum: • provide space that allows each dog to turn around freely, stand, sit, and lie down without touching any other dog in the enclosure. Each enclosure must be at least three times the length and width of the longest dog in the enclosure; • provide each dog more than four months old with a minimum of one exercise period each day for at least one hour Exercise must include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations This analysts is not a part of the legislation nor does it constitute a statement of legislative intent Senate Bill Report - 1 - ESSB 5651 enclosure The use of cat mills or similar devices are prohibited unless prescribed by a veterinarian, • provide easy and convenient access to clean food and water, and • provide veterinary care without delay when necessary. Animals requiring euthanasia must be euthamzed only by a veterinarian Housing facilities and primary enclosures must. • be kept sanitary with sufficient ventilation to minimize odors and prevent moisture condensation; • contain a means of fire suppression, such as a fire extinguisher; • have sufficient lighting to observe the dogs at any time, • enable the dogs to remain dry, clean, and protected from weather conditions that are uncomfortable or hazardous, • have floors that protect the dogs' feet and legs from injury; • be placed no higher than 42 inches above the floor and not stacked, and • be cleaned daily of feces, hair, dirt, debris, and food waste. Requirements are established regarding when and under what conditions breeding females, females in heat, females and their litters, and puppies less than 12 weeks old may be in the same enclosure at the same time with other dogs All dogs in the same enclosure at the same time must be compatible, as determined by observation Animals with a vicious or aggressive disposition must never be placed in an enclosure with another animal. except for breeding purposes Only dogs between the ages of 12 months and 8 years may be used for breeding A person who has more than 50 unaltered dogs that are more than six months old or who is subject to the requirements of this act and violates the requirements is guilty of a gross misdemeanor The requirements do not apply to • publicly operated animal control facilities or animal shelters; • private, charitable nonprofit humane society or animal adoption organizations; • veterinary facilities; • retail pet stores; • research institutions; • boarding facilities, and • grooming facilities Commercial dog breeders licensed by the U S Department of Agriculture before the effective date of the act are exempt from the prohibition against having more than 50 unaltered dogs more than six months old Votes on Final Passage: Senate 35 11 House 74 23 (House amended) Senate 43 4 (Senate concurred) Senate Bill Report -2- ESSB 5651 Effective: January 1, 2010 r [ [ [ 1 i Senate Bill Report -3- ESSB 5651 FINAL BILL REPORT SB 6068 C 181 L09 Synopsis as Enacted Brief Description Modifying the definition of "conviction" for the purposes of the uniform commercial driver's license act. Sponsors- Senators Swecker, Haugen, King and Shin, by request of Department of Licensing. Senate Committee on Transportation House Committee on Transportation Background: Under current law, a person who has been charged with a misdemeanor or gross misdemeanor may petition the court for entry into a deferred prosecution program if the person alleges that the wrongful conduct charged is the result of or caused by alcoholism, drug addiction, or mental health problems A deferred prosecution program consists of treatment for the underlying problem, along with other conditions which may be imposed by the court Entry into the program defers prosecution for the criminal offense charged, and the charge is dismissed upon successful completion of the program Deferred prosecutions are most commonly granted in DUI cases. Federal regulations prohibit states from masking, deferring imposition of judgment, or allowing an individual to enter into a diversion program that would prevent a Commercial Driver's License (CDL) driver's conviction for any violation, in any type of motor vehicle of a state or local traffic control law (except a parking violation) from appearing on the driver's record. A recent audit of Washington's CDL program by the Federal Motor Carrier Safety Administration has determined that entry into a deferred prosecution program is equivalent to a conviction for purposes of the federal regulations. Summary. Entry into a deferred prosecution program is treated as a conviction for CDL purposes Votes on Final Passage: Senate 47 0 House 64 34 Effective: July 26, 2009 This analysis was prepared by non partisan legislative staff for the use of legislative members in their deliberations This analysis is not a part of the legislation nor does it constitute a statement of legislative intent Senate Bill Report 1 - SB 6068 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 60 1. SUBJECT: AMENDMENT TO CITY CODE REGARDING EXCLUSION FROM PUBLIC FACILITIES, ORDINANCE - ADOPT ' 2. SUMMARY STATEMENT: Adopt Ordinance No. which repeals Section 9.02.230 of the Kent City Code, entitled "Public facility - Criminal activity - Prohibition of entry," and adopts in its place a new section, entitled "Public facility - Illegal activity - Exclusion." On July 7, 1998, the Kent City Council adopted Ordinance No. 3621, which enacted a process through which Kent police officers or Kent Municipal Court Judges could exclude individuals from public facilities. Exclusion was authorized if a police officer or Judge found probable cause to believe that an individual committed a crime or consumed alcohol while at a public facility. The proposed ordinance repeals KCC 9.02.230 and adopts in its place a new section that provides that any exclusion process is separate and distinct from any other criminal or civil prosecution that may be pursued due to an individual's conduct while at a public facility. It also permits only police officers to issue the exclusion notices, and appoints the Parks Director as the hearing officer to whom all requests for a hearing to modify or rescind an exclusion order shall be submitted. 3. EXHIBITS: Ordinance and Memorandum presented to the Public Safety Committee 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: iCouncilmember moves, Councilmember seconds DISCUSSION: ACTION: LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KEN T Fax: 253-856-6770 W.15 HINGTGN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 11, 2010 To: Ron Harmon, Dennis Higgins, and Les Thomas, Committee Members Public Safety Committee Meeting Date: May 13, 2010 From: Benjamin Milgrom, Prosecuting Attorney Regarding: Proposed Amendments to KCC 9. 02.230 MOTION: Move to recommend council approve ordinance repealing section 9.02.230 of the Kent City Code, entitled "Public facility - Criminal activity - Prohibition of entry," and create a new section 9.02.230, entitled "Public facility - Illegal activity - Exclusion." SUMMARY: On July 7, 1998, the Kent City Council adopted Ordinance No. 3621, which enacted a process through which Kent police officers or the Kent Municipal Court judges could exclude individuals from public facilities. Exclusion was authorized if a police officer or judge found probable cause to believe that an individual committed a felony, gross misdemeanor, or misdemeanor, or consumed alcohol while at a public facility. The existing code provision provides that at the time a police officer or a judge issues an exclusion order, the exclusion order will remain effective for 45 days and can be extended by the Kent Municipal Court in the event charges are filed. While the existing code does include an appeal process, it extends only to the initial 45-day exclusion period and identifies the Kent Municipal Court as the hearing officer. A new KCC 9.02 230 is appropriate to provide an exclusion process that is separate and distinct from any criminal or civil prosecution that may be pursued due to an individual's conduct while at an identified public facility. This ordinance permits only police officers to issue the exclusion notices, and appoints the Director of the City's Parks, Recreation, and Community Services Department as the Hearing Officer to whom all requests for a hearing to modify or rescind an exclusion order shall be submitted. The new KCC 9.02.230 also adds public facilities to which the exclusion orders apply, including the ShoWare Center, the Kent Pool, and Kent's watersheds. It also provides that exclusions may, depending on the violation, be for 45 or 90 days. BUDGET IMPACT: None. P\Civil\Motion-BlueSheets\PublIcFaallityExclu sic n-Motion5heet doa 1 ORDINANCE NO. i AN ORDINANCE of the City Council of the City of Kent, Washington, repealing section 9.02.230 of the Kent City Code, entitled "Public facility - Criminal activity - Prohibition of entry," and adopting a new section 9.02.230 of the Kent City Code, entitled "Public facility - Illegal activity - Exclusion," to provide individuals with an appeal process when they have been excluded from those facilities because of their conduct, to identify additional locations considered public facilities, to clarify that the exclusion process is separate and distinct from any criminal or civil prosecution that may arise due to an individual's conduct while at an identified public facility, and to clarify the conduct that will result in exclusion from public facilities. RECITALS A. On July 7, 1998, the Kent City Council adopted Ordinance No. 3621, which enacted a process through which Kent police officers or Kent Municipal Court Judges could exclude individuals from public facilities. Exclusion was authorized if a police officer or Judge found probable cause to believe that an individual committed a felony, gross misdemeanor, or misdemeanor, or consumed alcohol while at a public facility. The existing code provision provides that at the time a police officer or a Judge issues an exclusion order, the exclusion order will remain effective for 45 days 1 Entry Prohibition at Public Facilities - KCC 9.02.230 and can be extended by the Kent Municipal Court in the event charges are filed. While the existing code does include an appeal process, it extends only to the initial 45-day exclusion period and identifies the Kent Municipal Court as the hearing officer. B. A new KCC 9.02.230 is appropriate to provide an exclusion process that is separate and distinct from any criminal or civil prosecution that may be pursued due to an individual's conduct while at an identified public facility. This ordinance permits only police officers to issue the exclusion notices, and appoints the Director of the City's Parks, Recreation, and Community Services Department as the Hearing Officer to whom all requests for a hearing to modify or rescind an exclusion order shall be submitted. C. The new KCC 9.02.230 also adds public facilities to which exclusion orders apply, including the ShoWare Center, the Kent Pool, and Kent's watersheds. It also provides that exclusions may, depending on the violation, be for 45 or 90 days. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Repealer - KCC 9.02.230. Existing section 9.02.230 of the Kent City Code, entitled "Public facility - Criminal activity - Prohibition of entry," is hereby repealed in its entirety. SECTION 2. - Adoption - KCC 9.02.230. A new section 9 02.230 of the Kent City Code, entitled "Public facility - Illegal activity - Exclusion," is hereby created and shall read as follows: 2 Entry Prohibition at Public Facilities - KCC 9.02.230 Sec. 9.02.230. Public facility — Illecial activity — Exclusion. A. The City Council finds that, from time to time, the right of the general public to enjoy public facilities provided by the City is infringed upon by persons who engage in disruptive, unsafe, or otherwise prohibited activity at the public facilities. This behavior is often engaged in by a comparatively small number of repeat offenders. The City Council further finds that the right of persons who engage in such activities to remain at for frequent public facilities is outweighed by the right of law-abiding citizens to use such facilities without the interference or fear of the illegal activity of others. B. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (F) of this section on or at any public facility as described in subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed. C. If the offender: 1. Has not been issued an exclusion notice within one year prior to the violation or the current violation is not a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the City facility in which the current violation occurred for a period of forty-five (45) days from the date of the exclusion notice. 2. Has been issued an exclusion notice within the one year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the City facility in which the current violation occurred for a period of ninety (90) days from the date of the exclusion notice. 3 Entry Prohibition at Public Facilities - KCC 9.02.230 D. The exclusion notice shall be in writing and shall contain the date of issuance, shall specify the duration and location of exclusion, and shall be signed by the issuing officer. A warning of the consequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclusion notice. E. The person subject to the exclusion notice shall have the right to a hearing to seek the modification or rescission of the exclusion. For the purposes of exclusion modification or rescission hearings, the City's Hearing Officer shall be the City of Kent's director of Parks, Recreation, and Community Services or his/her designee, or the person acting in the position of the director or designee in his/her absence. ' 1. A request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice for which the hearing is sought. The request shall contain the address of the offender, and it shall be the responsibility of the offender to notify the Hearing Officer of any change of address. The hearing shall occur and a decision be rendered within ten (10) business days after the City's Hearing Officer receives the request for hearing. Notice of the hearing shall be effective upon the third business day after placement of the notice in the mail to the address provided by the offender. 2. The parties to the hearing shall be the City and the offender. At the hearing, the violation that forms the basis for the exclusion notice must be proved by a preponderance of the evidence in order to uphold the exclusion. The offender need not be charged with a crime or civil infraction in a court of law, and need not be convicted or found to have committed the alleged violation in a court of law for the exclusion to be upheld. The City's Hearing Officer shall consider the exclusion notice and a 4 Entry Prohibition at Public Facilities - KCC 9.02.230 sworn report or a declaration made under penalty of perjury as authorized by RCW 9A.72.085, written by the police officer who issued the exclusion notice, without further evidentiary foundation. Both the City and the offender may submit physical or written evidence, or call witnesses to testify. The City's Hearing Officer may consider information and evidence that would not be admissible in a court of law under the evidence rules but which the Hearing Officer considers relevant and trustworthy. Each party shall be responsible for securing the attendance of any witnesses it intends to call to testify. 3. If the violation is proved, the exclusion notice shall be upheld; however, upon good cause shown, the City's Hearing Officer may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence the City's Hearing Officer shall rescind the ' exclusion. If an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes of subsection (C). 4. The decision of the City's Hearing Officer is final. An offender ' seeking judicial review of a decision of the City's Hearing Officer shall file an appeal or an application for a writ of review in the King County Superior Court within fourteen (14) days of the date of the decision. ' 5. The exclusion shall remain effective during the pendency of any administrative or judicial proceeding. 6. The determination of the City's Hearing Officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. ' 5 Entry Prohibition at Public Facilities - KCC 9.02.230 F. An act which may result in the issuance of a written order excluding a person from a public facility may consist of any of the following when committed on the public facility: 1. Any act that qualifies as a felony crime; a 2. Any act that qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCWs 46.61.500, 46.61.502, 46.61.503, 46.61.504, and 46.61.525; 3. Any act that qualifies as a violation of RCW 66.44.100; 4. Any act that qualifies as a violation of: i a. KCC 4.01.020 Same - Damaging property. b. KCC 4.01.030 Same - Animals. C. KCC 4.01.040 Same - Discharging weapons, fireworks. ' d. KCC 4.01.080 Prohibited activities - Speed limits, vehicles, and horses. e. KCC 4.01.100 Same - Littering. f. KCC 4.01.120 Same - Fires. g. KCC 4.01.130 Same - Alcoholic beverages. h. KCC 4.01.140 Same - Golf. 1. KCC 4.01.150 Use of facilities. j. KCC 4.01.160 Hours. k. KCC 4.01.190 Sales of refreshments. I. KCC 4.01.210 Traffic regulations. 1 5. Any act that qualifies as a violation of KCC 8.03.205, Animals in Parks. G. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, appurtenances, and parking areas of any of the following when located within the City of Kent: r 1. Any building maintained or operated by the City of Kent, King County, or the State of Washington. 6 Entry Prohibition at Public ' Facilities - KCC 9.02.230 ' 2. Any park maintained by the City of Kent, King County, or the ' State of Washington. 3. Any recreational area maintained by the City of Kent, King County, or the State of Washington, including but not limited to any skateboard park, the Kent Commons, the Kent Senior Activity Center, the ' Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, the Green River Natural Resources Area, and the Interurban Trail. ' 4. The City's ShoWare Center, located at 625 W. James Street. 5. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress. 6. Any public school maintained by the City of Kent, the Kent ' School District, King County, or the state of Washington. 7. The watershed areas owned and operated by the City of Kent ' including Armstrong Springs, Clark Springs, and Kent Springs. S. Any public library or pool maintained by the City of Kent, King ' County, or the State of Washington. H. The violation of an exclusion notice is a misdemeanor ' SECTION 3. - Savings. The existing section 9.02.230 of the Kent ' City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. - Severability. If any one or more sections, ' subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. - 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 ordinance, including the tcorrection of clerical errors; references to other local, state or federal laws, ' 7 Entry Prohibition at Public Facilities - KCC 9.02.230 codes, rules, or regulations; or ordinance numbering and ' section/subsection numbering. ' SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ' SUZETTE COOKE, MAYOR 1 ATTEST: BRENDA JACOBER, CITY CLERK ' APPROVED AS TO FORM: ' TOM BRUBAKER, CITY ATTORNEY ' PASSED: day of May, 2010. ' APPROVED: day of May, 2010. , PUBLISHED: day of May, 2010. I hereby certify that this is a true copy of Ordinance No. ' passed by the City Council of the City of Kent, Washington, and approved , by the Mayor of the City of Kent as hereon indicated. (SEAL) ' BRENDA JACOBER, CITY CLERK , P\Civil\Ordinance\Pub hcFacil ityE ntryProhi bitiomAmendKCC9 02 230 dou ' 8 Entry Prohibition at Public ' Facilities - KCC 9.02.230 ' Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6R ' 1. SUBJECT: EVIDENCE CUSTODIAN LIMITED TERM - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to create a new, limited-term Evidence Custodian position within the Kent Police Department, and amend the budget as necessary. The new limited-term Evidence Custodian position will be fully funded, salary and benefits, by the Department of Justice, Edward Byrne Memorial Justice Assistance Grant for a period of eight months. The position is limited to 21 hours per week over the eight-month period. The City of Seattle is the fiscal agent for this grant award. The City of Kent's portion of the grant was accepted by Kent City Council on 3/16/10. ' Funding will be on a reimbursement basis from the City of Seattle. 3. EXHIBITS: Memo dated 5/11/10 4. RECOMMENDED BY: Public Safety Committee 5/11/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X ; 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' POLICE DEPARTMENT ' Steven D Strachan, Chief of Police Phone, 253-856-5888 KENT Fax. 253-856-6802 ' Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 11, 2010 ' TO: Public Safety Committee SUBJECT: Evidence Custodian position ' MOTION: I move to recommend that Council authorize the Kent Police to begin the hiring process for an Evidence Custodian, a new limited term position. SUMMARY: The new limited term Evidence Custodian position will be fully funded, salary and benefits, by the Department of Justice, Edward Byrne Memorial Justice Assistance Grant for a period of two and a half years. If the position is retained following that period of time the funding will come from the General Fund, or other grant funding possibilities. The position is limited to 21 hours per week, 8 months per year. ' The City of Seattle is the fiscal agent for this grant award. Funding will be on a reimbursement basis from the City of Seattle. ' EXHIBITS: ' BUDGET IMPACT: None. ' BACKGROUND: The Kent Police Department submitted a joint application with 17 other cities and King County. The grant from the FY 2009 Recovery Act program was awarded in August. ' Public Safety Committee limited term Evidence Custodian position May 11, 2010 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6S ' 1. SUBJECT: PANTHER LAKE ANNEXATION CENSUS & POPULATION CONTRACT FOR SERVICES - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a Consultant Services Agreement with Calm River, LLC with an initial amount not to exceed $122,217 to conduct the statutory required population census with the Panther Lake Annexation Area. This amount is contingent upon total number of housing units not to exceed 8,250 units. Additional housing units will be charged at $12.50 each and if the total contract amount exceeds $122,217, a subsequent amendment would be negotiated and executed. Calm River, LLC will provide census services to the City of Kent for the Panther Lake Annexation area special census as required by the State of Washington Office of Financial Management. i 3. EXHIBITS: Consultant Services , A reement Memo and Minutes of 5/10/10 Agreement, from the Economic & Community Development Committee 1 4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ECONOMIC and COMMUNITY DEVELOPMENT ' Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director ' Charlene Anderson, AICP, Manager K E N T Phone 253-856-5454 WASHINGTO„ Fax. 253-856-6454 Address, 220 Fourth Avenue S Kent, WA 98032-5895 May 5, 2010 To: Chair Jamie Perry and ECD Committee Members From: Fred Satterstrom, AICP, Planning Director Subject: Panther Lake Annexation - Special Census - Calm River Consultant Services Agreement (AZ-2009-1) MOTION: Authorize the Mayor to sign a contract with Calm River, not to exceed $122,217, to provide census services to the City of Kent for the Panther Lake Annexation area special census as required by the State of Washington Office of Financial Management. ' SUMMARY: On November 4, 2009, the residents of the Panther Lake Annexation ' Area voted to be annexed into the City of Kent. State law, RCW 35.13.260 and 35A.14.700, require cities who are annexing to maintain an accurate count of the population within their boundaries and to conduct a person count that will be used to ensure proper allocation of state revenues to cities and towns based on their population. This population count must be completed within 30 days of the effective date of the annexation, with a possible two week early start which requires the Office of Financial Management's (OFM) approval. The effective date for the City of Kent's Panther Lake annexation is July 1, 2010, It is extremely important to work closely with the hired census consultant for pre- census preparation in preparing maps, field checking and the process in which the census will be conducted. City staff recently interviewed two consultants who the OFM highly recommended. Calm River was selected as the consultant by the interview panel. City staff has spoken with other cities throughout Western Washington who have utilized Calm River's annexation census services and they have stated that they were very satisfied with the work and services performed by ' them. Due to the size of our annexation and the knowledge and skills it will take to conduct an accurate and thorough census for the Panther Lake annexation area, the Department of Economic & Community Development believes that Calm River will provide the required census services in a timely and professional manner, and within the limits of the proposed annexation budget. BUDGET IMPACT: $122,217 (contingent upon the total number of housing units). This amount is provided for in the adopted pre-annexation budget for Panther Lake. FS/RC/pm S \Permit\Plan\ANNEXATIONS12009\AZ-2009-1 Panther Lake\PEDC105-10-10 Mtg1S1affRpt_Ca1m River-CSA doc Enc Att A Consultant Services Agreement Att B April 7,2010 Ltr from Calm River Att C Three Outreach Ltrs to Panther Lk Annex Residents Att D Kent Annexation Census Budget-Exhibit"A" Att E Ins Requirements for Consultant Services Agreements-Exhibit"B" Att F Three EEO Compliance Documents Att G Certificate of Liability Insurance cc Ben Wolters, ECD Director Fred Satterstrom, AICP, Planning Director ' Charlene Anderson,AICP, Planning Manager Project File AZ-2009-1 KENT I N G T 0 CONSULTANT SERVICES AGREEMENT between the City of Kent and ' Calm River ' THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Calm River, organized under the laws of the State of Washington, located and doing business at 3110 Judson Street, Suite 233, Gig Harbor, WA 98335 (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: Provide census services to the City of Kent for the Panther Lake Annexation area ' special census as required by the State of Washington Office of Financial Management. See attached Scope of Work - Response to Request for Proposal dated April 7, 2010 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 on or before July 30, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to ' exceed One Hundred Twenty-Two Thousand Two Hundred Seventeen Dollars ($122,217). This amount is contingent upon the total number of housing units not to exceed 8,250 units. Additional housing units will be charged at $12.50 each 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) I E. 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the ' Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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. 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 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 CONSULTANT SERVICES AGREEMENT - 4 ' (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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 Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 1 CONSULTANT: CITY OF KENT: 1 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: Calm River] Fred Satterstrom, Planning Director Attn: Richard Miller, President City of Kent 3110 Judson Street, Suite 233 220 Fourth Avenue South Gig Harbor, WA 98335 Kent, WA 98032 800-707-2256 (telephone) (253) 856-5430 (telephone) ' 253-884-4942 (facsimile) (253) 856-6454 (facsimile) ' APPROVED AS TO FORM: Kent Law Department [In this Held,you may enter the electronic fllepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) tRECEIVED C aim River APR - 82010 CITY OF KENT PLANNING SERVICES ANNEXATION CENSUS SERVICES DEMOGRAPHIC ANALYSIS • GIS MAPPING t April 7, 2010 The City of Kent 400 West Gowe Street Kent, WA 98032 Fred N. Satterstrom, AICP ' Director, Planning Services Division RE: City of Kent - Panther Lake Annexation - Special Census tMr. Satterstrom: Thank you for the opportunity to bid on the upcoming Panther Lake annexation census. Our firm specializes in annexation census services and we are confident we have the experience, knowledge and resources required to complete your upcoming census In a cost effective, timely and accurate manner. Our total bid to complete the Panther Lake Annexation Area census is $122,217. This bid is all 1 inclusive - you will not be billed for any additional expenses above our fixed contract amount. Please understand, however, this bid is contingent upon the total number of housing units not exceeding 8,250 units. Additional housing units above 8,250 will be charged at $12.50 each. tWe congratulate you on your upcoming annexation. We look forward to your decision and the possibility of working with you and your staff. Please do not hesitate to contact me if you have any questions or concerns. Sincerely,0 Richard A. Miller President, Calm River Rick@CalmRiver.com SCOPE OF WORK 3110 JUDSON STREET, SUITE 233 • GIG HARBOR, WA 98335 • 800 707-2256 ~ CaimRiver �- f Mr. Miller specializes in bringing detailed census information into mapping applications such as ArcGIS software. Mr. Miller has taught over 400 workshops in understanding and mapping census information. Calm River has provided demographic mapping consulting services to public entities in Washington, California, Texas, Florida, Ohio, Illinois, Utah, Pennsylvania, New York, New Jersey, Arkansas, South Carolina and Georgia. Mr. Miller has been invited to lecture , at the annual Pacific Northwest Economic Development conference for the past five years. In addition to Mr. Miller, Calm River will utilize several census enumerators and clerical staff ' who have successfully worked on numerous previous annexation projects. Calm River will also hire and train several enumerators from Kent who are knowledgeable about the unique neighborhoods in the annexation area. The lead clerical staff for Calm River have experience on seven previous annexation census projects. Two of our assistant clerical staff have worked on four census projects each. Calm River is an Equal Opportunity and Affirmative Action Employer. Language Proficiency of Staff , Mr. Miller is fluent in Spanish as are several (five) of the current Calm River enumerators. Calm River also has enumerators who can provide assistance to Chinese, Russian, Ukraine or Polish speaking homes. We will hire translators if necessary for any household that is mono-lingual in a language outside of English, Spanish, Russian, Ukrainian, Polish or Chinese. Summary of Census Activities To successfully complete the Panther Lake Annexation Census, Calm River will: • Hire and train staff in strict accordance with State OFM protocols t • Print all required official census sheets, door hangers and enumeration maps • Enumerate each and every housing unit in the Panther Lake Annexation Area , • Treat all citizens with professionalism, dignity and respect • Provide an 800 telephone number for individuals to call and report census counts , • Complete all required forms on-time and deliver them to OFM for certification Please understand that our workers will contact each and every household as many times as required to fully complete the census. We take pride in obtaining information on each and every housing unit within the Annexation boundary. This dedication to accuracy and , completeness — even if we need to visit the same residence numerous times — ensures that the City of Kent will receive a full share of available State and County revenues. 3110 Judson Street, Suite 233 -- Gig Harbor, WA 98335 800 707-2256 Calm River LTime Line of Annexation Census Activities Contract Start Date: May 18, 2010 May 18 - May 24 Divide the Annexation area into logical neighborhoods (census tracts) and block groups according to OFM standards - begin initial GIS map creation Begin recruitment of all necessary local census staff May 24 - May 31 Complete detailed maps in ArcGIS of each parcel in the annexation area and drive all streets to perform initial address verification and identify any housing units needing special attention Establish and test 800 number for census callbacks Interview, hiring and initial training of census staff Complete office set-up - purchase all required materials and supplies May 31 - June 11 Complete all maps and begin creation of route binders for each block Complete printing of Mayor Letters, FAQ's, Door Flyers and blank Census Sheets Finalize training of census staff June 11 - June 15 Finalize/ Quality check all route binders June 17 Enumeration begins (pending official approval from OFM to proceed) by June 28 All housing units in annexation area receive initial enumeration visit ' by July 5 All non-responsive housing receive first "call back" visit by July 12 All non-responsive housing receive second "call back" visit by July 23 All call back visits conducted - Enumeration is complete By July 28 Initial data entry and initial quality control checks completed By July 30 All data entry and second quality control checks completed Completed census forms and maps submitted to OFM 1 Final reports submitted to the City of Kent 3110 Judson Street, Suite 233 Gig Harbor, WA 98335 -- 800 707-2256 - Ca1mRiver Assistance from The City of Kent ' If you decide to proceed forward with the census we typically receive the following assistance: • Shapefiles of the annexation area including streets and parcels. A copy of the tax assessor database containing all parcels in the annexation boundary. Complete lists of any multi-family housing units in the annexation area, , • An office where we can work during the weeks of the census, This office needs to be able to be locked (to protect the confidentiality of the census documents) and preferably has Internet access, a phone and after hours availability. • A letter mailed by the Mayor to welcome residents into the city and briefly explain the annexation census. Preferably, this mailing will include our toll free "Kent Annexation Hotline" phone number for residents who prefer to call in their information. • We encourage each city to issue press releases and place announcements in local newspapers, community newsletters, libraries, etc. An especially effective way to announce the annexation census is placing portable electronic signs (if available) at key intersections in the area. , Again, we congratulate you on your upcoming annexation. We appreciate the significant , investment of time and resources required to successfully bring a large annexation to fruition. We look forward to your decision and the possibility of working with you and your staff. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, ZZ A 40 Richard Miller President, Calm River e-mail Rick@CalmRiver.com , Office 800 707-2256 fax 253 884-4942 F.E.I.N # 48-1289653 3110 Judson Street, Suite 233 — Gig Harbor, WA 98335 800 707-2256 On City Letterhead- Signed by Mayor June 15, 2010 LDear Resident: It is my pleasure to warmly welcome you to the City of Kent. As voted upon by the citizens of your community, the ordinance annexing your property into the City of Kent will become effective on July 1, 2010. As part of the annexation process, the State of Washington requires that we conduct a census of all housing units. The only information required in this census is the names of all individuals residing in your home. The information you provide will be held strictly confidential. Cooperating with the census ensures that the City of Kent will receive a full share of state funds allotted for essential public services. Your home will be visited by a census worker wearing a florescent vest and identification badge sometime between the dates of July 1, 2010 and July 30, 2010. You can also provide your census information at any time by calling the Kent Census Hotline at (800) 635-6594 The Census Hotline is available 24 hours a day. Common questions about the changes you can expect are discussed on the back of this letter. We invite you to explore our city website at: www.ci.Kent.wa.us Please feel free to contact us directly at (253) 856-5430 if you have questions or concerns regarding City services or the annexation process. Again, we warmly welcome you to the City of Kent and encourage you to fully participate in the annexation census. Sincerely, Suzette Cooke Mayor, The City of Kent Ti � F xt �S tF, 4+� Questions You Might Have About Joining the City of Kent , Things That Will Stay the Same As a resident of the City of Kent these things will not change: • Public School attendance zones - your children will continue to attend the same public schools • Emergency Phone Number - please continue to call 911 for any emergency • Internet, telephone, natural gas, electricity and cable TV - these services will not change in any way. • Library Districts will not change ' • Soos Creek Water and Sewer District will not be affected by the annexation • Garbage Collection - you may see a 15 cent increase in the amount charged per month • Metro services provided by King County will not be impacted. ' Will my address change? •1 Your street address and zip code will not change; however, your city will change to Kent , approximately 180 days after the annexation is effective. Residents whose city address is currently Renton will be contacted by the United States Postal Service 30 days prior to the change. Who will provide Police Services The Kent Police Department will now provide law enforcement services instead of the King County Sheriff's Office. For non-emergency police services please call (253) 856-5800 Who will maintain the streets, including potholes and snow plowing? Kent's Public Works Department will now maintain your streets. Potholes are patched when spotted by City maintenance crews or when they are reported to the City - Call (253) 856-5500. f, When will City taxes show up on property tax bills? The City will levy its first tax on the annexed property in November 2010, and the tax levy would be reflected on the 2011 tax bills. When will the annexation become effective? The effective date of the annexation will be July 1, 2010. Does Kent have a code enforcement program to address problems or eyesores? , Yes. The City has two full-time code enforcement officers who regularly respond to a variety of code enforcement concerns and take enforcement action where necessary. Residents may file code complaints directly with the code enforcement officers. More Questions? Please feel free to visit our City website at www.d.Kent.wa.us or call us at (253) 856-5430 if ■ you have unanswered questions or concerns regarding City services. iFirst VisitK: ` Official Annexation Census Welcome to the City of Kent! As you have probably heard,lhe City of Kent is growing. Your home is now officially in the Kent City Limits. The State of Washington requires that we conduct a complete census of all homes in the new annexation area. The purpose of the census is to make certain the City of Kent receives a full share.,of State funds allotted for public services. This is NOT the Federal 2010 Census! All information you provide is strictly confidential! For your convenience,you can get counted by telephone. LPLEASE CALL the official Kent Census Hotline: (8 00) 63 5''Z,594 The hotline is available 24 hours a day. R�? When you call, please help us correctly identify your household by giving the following information: Census ID#: 1 Thank You for Your Assistance! Questions? Call the census hotline at 800-635-6594 during business hours or contact the City of Kent at 206 856-5430 for more information. Kent Annexation Census Budget Salary Expenses Initial Mapping and Address Checking Number of Staff 4 Hours per Staff 40 Total Staff Hours 160 Hourly Rate Total Salary $25/Hour $4,000 ' Creation of Route Binders/ Census Sheets Number of Staff 5 Hours per Staff 0 Total Staff Hours 3 60 Hourly Rate $15/Hour Total Salary $4,500 Staff Recruitment and Training , Number of Staff 2 Hours per Staff 50 Total Staff Hours 100 Hourly Rate Total Salary $25/Hour $2,500 Enumeration Number of Staff 25 Hours per Staff 125 Total Staff Hours 4,000 60 Hourly Rate Total Salary $15/Hour $60,000 Enumeration Supervision Number of Staff 2 14 Hours per Staff Total Staff Hours 140 Hourly Rate $25/Hour , Total Salary $7,000 Phone Staff for Residents who Call in Information Number of Staff 2 Hours per Staff 140 Total Staff Hours 280 Hourly Rate $20/Hour Total Salary $5,600 Data Entry and Quality Assurance Number of Staff 2 Hours per Staff 40 Total Staff Hours 80 Hourly Rate $25/Hour Total Salary $2,000 Creation of Final Reports for OFM and City o€Kp4i Number of Staff 2 Hours per Staff 40 Total Staff Hours 60 Hourly Rate $25/Hour Total Salary $2,000 Total Salary Expense $87,600 EXHIBIT "A" ' _ t Supplies, Equipment,Travel,Telephone and Insurance Mileage Reimbursement Number of Miles 6,000 Rate per Mile $O.SO Total Mileage Reimbursement $3,000 Office Supplies Binders, Paper, Ink, Etc. $9,500 Printing Mayor's Letter, Flyers, Census Sheets $4,000 Enumeration Supplies Vests, Badges, Flashlights, Etc. $1,600 Snacks, Water, Staff Incentives $1,600 Total Enumeration Supplies $3,200 Telephone Expense Cell phone/mobile internet charges $945 Establish 800 Number for Census Hotline $500 Total Telephone Expenses $1,445 Insurance Expense Insurance $1,250 Total Insurance Expense $1,250 Total Supplies,Equipment,Travel,Telephone and Insurance $22,395 ITotal Salary Expenses(From Budget Page 1) $87,600 Profit- 10% $12,222 Grand Total Budget $122,217 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder , by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written , on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. 1 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance 1 policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 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: i EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1 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: EEO COMPLIANCE DOCUMENTS - 3 KENT W A HI N G T C N ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES May 10, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Chair Perry called the meeting to order at 5.00 p m. 1. APPROVAL OF MINUTES Ranniger MOVED and Perry SECONDED to approve the April 12, 2010 Minutes. Motion PASSED 3-0. Passed with pending concurrence 2. Deferral of Development Fees—Hearing Mayor Cooke addressed the Committee regarding the issue of deferring fees as in the I context of the current economy and its impacts on development As a result of the depression in the housing market, the cost of improvements required with new homes and the cost of money for developers, the idea of deferring costs is a trend that is happening all across the county and in King County. Deferring part of the fees the developer pays up front until the residence is purchased, allows money to be leveraged to pay for the City's fees. This came clear as a path we wanted to offer to help our housing base, residents and 1 our economic status Matt Gilbert presented to the Committee and summarized an ordinance to implement fee deferrals as discussed at the April 12 meeting. Mr Gilbert noted that we are addressing development mitigation fees collected at the time a single family building permit is issued. Fee deferrals are limited to new single family homes intended for sale The fees which are available for deferral are development mitigation payments, which do not impact the City's general fund These payments include drainage system development charges, water system development charges, school impact, and traffic mitigation fees Under staff's recommendation, these fees would be bundled into a lien, at the owners discreasion could ' be filed by the City against the property, to be paid at the time the home is sold. This lien will come up in the escrow process and will need to be paid through the closing of the sale. Water permits will also be part of this and are a separate fee; these are also required to be bundled in with deferred building permit fees if the lien option is exercised. The disclosure issue that came up at the April 12th meeting is covered under the State of Washington and other encumbrances on property and under the ordinance, the City will require this notice process be used as well, so no one is surprised. Mr Gilbert noted that when the lien is released there is a recording fee which is not included in the $140 fee called out in the motion To account for the additional County recording cost, this fee amount should be stated in the motion as $202. Additionally the lien administration fee will need to be added 1 to the City's fee schedule Councilmember Albertson questioned how we ensure that the lien is not paid by the purchaser. She clarified that the ordinance does not require the builder/seller to pay off the lien at time of escrow Council Chair Perry stated it is in Section 4 and the seller is responsible Is the lien with the builder or on the property? It is on the property, responded Gilbert. That is what makes me uncomfortable stated Councilmember Albertson. Councilmember Albertson states, anything that is a hold on the title is on the table and that is my issue with the way this is written. ' Council Chair Perry asked why the water fee is included. Gilbert responded, there are 2 charges to be paid when a water permit is issued, tap charge and system development fee The tap fee is being paid the same as today System development fee goes into the water fund to pay for larger projects and is just different name for impact fee. l Councilmember Albertson asked Kim Adam-Pratt from the City Law Department, who is t responsible to pay. It doesn't say the seller must pay it just says it is required to be paid. Pratt responded we can specify who has to pay it, at this time we are Just requiring it to be paid. It will come up as a lien on the title and it has to be cleared before the deed is exchanged, this will be addressed during the escrow process. The buyer will be able to see it on their escrow statement Councilmember Ranniger MOVED and Councilmember Albertson SECONDED to open the Public Hearing. Motion PASSED 3-0. Council Chair Perry opened the Public Hearing. Fred High Assistant Superintendent Kent School District, 12033 SE 2561", Kent, WA. Would like to Join the Federal Way School District, who sent by email a letter to Join Kent School District in asking the school impact fees be except from this ordinance. Garret Huffman Master Builders Association King and Snohomish Counties Stated for the record he is in full support of the ordinance Several of the neighboring cities, such as Federal Way, Covington, Burien and Renton are all moving forward with this issue Gerald E. Schneider Schneider Homes, 6510 S. Center Blvd. Has a big development that will be happening in the Kent city limits and the impact fee will be devastating to pay up front. The thing about impact is there is no impact till the home is occupied. The average time for construction and buyers to move in are 10-12 months The , impact fees would be a real burden on Schneider Homes. I came in to say to defer the impact fees till the closing. Paul Lymberis Sr Development Manager Ouadrant Homes PO Box 130 Bellevue WA. Would like to echo everything the last two gentlemen said. We would like to get into the Kent market area By deferring the payment to a later time always helps the bottom line. Hans Korve 726 Auburn Way N., Auburn, WA. With all due respect to the school district and their concerns, a child doesn't show up when the building permit is issued or picked up it is when they move into the district. When a ' building permit is picked up, it also doesn't show up as what type of student it is, elementary, Jr. or High School student. Councilmember Perry asked of Fred High, how do you build a school? Only with a demonstrated need in the area, stated Fred High, Assistant Superintendent, Kent School District We can't sell bonds without raising tax rates on the residents of the City of Kent. Impact fees will become the reliable sources to house or take care of the temporary impact from new growth. Councilmember Ranniger asked Matt Gilbert is it correct we pay the impact fees on quarterly bases, not monthly? Yes, I checked with Finance and that is our procedure. Could we consider adjusting how frequently the City pays out the fees to solve the short fall Councilmember Ranniger asked? We could raise that question with Finance, Gilbert responded. Gilbert wanted to make sure staff understands the administration fee of $202 and ask that Council comes back at a later date to make sure the fee is covering all costs. Council Chair Perry agreed. Councilmember Albertson wanted to know what happens when builders go bankrupt, where does that leave the city in respect to the lien? Kim Adams-Pratt from legal stated we will ECDC Minutes May 10, 2010 Page 2 of 4 want to make sure we are in first position, and if a foreclosure happens our lien will not be wiped out. Council Chair Perry asked is it feasible to pay the school district monthly? Yes was stated by Bob Nachlinger Finance Director Albertson MOVED and Ranniger SECONDED a Motion to close the public hearing and add to the next Council meeting as Other Business. Motion PASSED 2-1. Councilmember Ranniger moved to Approve amendments to Kent City Code title seven and title twelve, related to timing of development mitigation fee collection as recommended by staff. Additionally, direct staff to prepare and update of Kent City Council Resolution 1740 to include a $202 payable prior to recordation of each Lfee deferral lien. Council Chair Perry 2nd. Passed 2-1, goes to other business. 3. Adoption and Amendment of 2009 Building and Fire Codes Bob Hutchinson, City Building Official stated this updated occurs every 3 years The purpose before committee is the 2009 addition on the State Building Code. The State Building Code Council has adopted and will be in effect state wide on July 1st This ordinance does not contain provisions that allow fire sprinklers in residential homes. Fire Marshall, Jon Napier touched on wanting to add all of the appendices into the body of the code to make it easier for people to find and read. Along with asking for ability to make changes to fire alarm and sprinkler systems so they don't send false alarms. It's noted a clarification of the budget change which is being corrected to reflect $15,000 of revenue due to 3 new permit types; we will be adding commercial kitchens, emergency stand-by power supply, which is due to existing fire hazards in commercial kitchens. Unique to Kent is the hazard of idle pallet storage. Staff will be requiring a setback of a minimum of 10 feet with a possible maximum of 20 feet. Councilmember Albertson moved to recommend Council enact ordinances adopting the 2009 editions of the International Building, Residential, Mechanical and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes as depicted in Exhibits A and B, Councilmember Ranniger 2nd, Motion passed 3-0 1 4. Panther Lake Annexation Interlocal Aoreement with King County Planning Director Fred Satterstrom stated this item is not ready to bring to the committee at this time. Staff will bring back to committee next month if sufficient progress has been made with King County. S. Panther Lake Annexation Special Census Calm River Consultant Services Agreement Planning Director Fred Satterstrom explained that the city has to do a census of the population with in the first 30 days following the effective date of the Panther Lake Annexation This is a large population of approximately 24,000 to 25,000 people and the state has allowed us to start 2 weeks early. Staff interviewed two companies and Calm River was chosen They have done annexation population census for Auburn and Burien. The agreement is for $122,000 with a contingency for every unit over 8250 it is $12 50 per unit. Sufficient monies are already in the Council approved annexation budget Councilmember Ranniger moved to authorize the Mayor to sign a contract with Calm River, not to exceed $122,217, to provide census services to the City of Kent for the Panther Lake Annexation area special census as required by the State of ECDC Minutes May 10, 2010 Page 3 of 4 Washington Office of Financial Management. Councilmember Albertson 2"d, Motion passed 3-0 6. Economic Development Reoort - Information Only No Report was given Adiournment Council Chair Perry Adjourned the Meeting at 6:20 p.m. Julie Pulliam Economic & Community Development Committee Secretary P\Planning\ECDC\2010\Mmu[es\OS-10.10_Mm doc i l 1 ECDC Minutes May 10, 2010 Page 4 of 4 Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6T 1. SUBJECT: 2009 FIRE AND BUILDING CODES, ORDINANCES - ADOPT 2. SUMMARY STATEMENT: Adopt Ordinance Nos. and adopting the 2009 editions of the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes. On July 1, 2010, the 2009 editions of the International Building, Residential, Fire and Mechanical Codes and the Uniform Plumbing Code, with statewide amendments, as well as an updated 2009 Washington State Energy Code, will replace the current 2006 editions of these codes statewide. Cities are required by law and the State Building Code Council to administer and enforce these codes, but have the authority to enact only local amendments that do not diminish the Codes' statewide minimum performance standards. 3. EXHIBITS: Ordinances, Memo dated 5/3/10 and Minutes of 5/10/10 from the Economic & Community Development Committee 4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 23 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director BUILDING SERVICES DIVISION KEN• T Bob Hutchinson, Building Official 'NA5M O H Phone 253-856-5412 Fax, 253-856-6421 Address- 220 Fourth Avenue S Kent, WA 98032-5895 May 3, 2010 To: Chair Jamie Perry and Planning and Economic Development Committee From: Bob Hutchinson - Building Official, Jon Napier - Fire Marshal Regarding: Building and Fire Codes Adoption and Amendments For Meeting of May 10, 2010 MOTION: Recommend Council enact ordinances adopting the 2009 editions of the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes as depicted in Exhibits A and B. SUMMARY: On July 1, 2010 the 2009 editions of the International Building, Residential, Fire and Mechanical Codes and the Uniform Plumbing Code, with statewide amendments, as well as an updated 2009 Washington State Energy Code, will replace the current 2006 editions of these codes statewide. Cities are required by law and the State Building Code Council to administer and enforce these codes, but have the authority to enact only local amendments that do not diminish the Codes' statewide minimum performance standards. Attached are proposed ordinances to adopt the 2009 code editions, to adopt the City's local amendments to these codes, and to make other housekeeping amendments. BUDGET IMPACT: None BACKGROUND: The replacement of the older editions of these codes with the 2009 editions, including statewide amendments, is mandated by Chapter 19.27 of the Revised Code of Washington and Chapters 51-50, 51-51, 51-52, 51-54 and 51- 57 of the Washington Administrative Code, effective July 1, 2010. The attached proposed ordinances provide local amendments which retain many current administrative provisions including administration of grading regulations and flood plain regulations by the Public Works Director, appeals being heard by the City's 1 Hearings Examiner, and consistent code enforcement procedures and penalties. Other amendments to these codes are primarily housekeeping in nature. Proposed local amendments to the International Fire Code provide the fire code official the authority to impose additional code requirements to address problematic fire protection systems, add commercial kitchens and emergency and standby power supply systems to the list of required permits, requires all inspection, testing and maintenance records of fire protection systems be sent to the fire code official, citation of nationally recognized and industry requirements for the storage of idle pallets, inclusion of Appendix C and D into the body of the code for reader clarity, and the alignment of fire code with the Kent Design and Construction Standards and Water Plan. Other amendments to the fire code are primarily housekeeping in nature. 24 POINTS OF INTEREST: • The International Residential Code, as amended by the State, contains an optional (appendices are not applicable unless specifically adopted) Appendix S requiring fire sprinkler systems in new single-family homes, duplexes and townhouses. While not mandated to be adopted, Appendix S is pre-approved by the State for local adoption, leaving the decision of whether or not to require these systems to the discretion of each local Jurisdiction. The attached ordinance draft (Exhibit A) does not include provisions to adopt Appendix S. • The Washington State Ventilation and Indoor Air Quality Code has been eliminated by the State, with appropriate provisions being incorporated in the International Building, Residential and Mechanical Codes. • The Washington State Energy Code has been significantly updated to achieve greater energy savings. The Legislature's Joint Administrative Rules Review Committee objected to the 2009 changes and has recommended that the Governor "suspend the adoption and implementation of the changes", which the Governor has thus far not done. A brief summary of other selected significant changes from the 2006 to the 2009 code editions is attached. P\P1annin9\ECDC\2010\5-10-10_Documents\05-10-10_StfRpt_2009BIdgAnd FireCodeAdptrAmdmt doc Attach Att A 2006-2009 Code Editions Summary of Changes Att B Int'I Bldg,Res & Mech Codes 2010 Update - Ordinance Att C Int'I Fire Code 2009 Update - Draft Ordinance cc Ben Wolters, ECD Director Fred Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Planning Manager Bob Hutchinson, Building Official Jon Napier, Fire Marshall ATTACHMENT A 25 ECDC MEETING - MAY 10, 2010 Selected Significant Changes from 2006 to 2009 Code Editions International Building Code: • Statewide amendment includes adoption of the 2009 International Existing Building Code, which will provide greater flexibility in the adaptive re-use of 1 existing buildings and replaces the Washington State Historic Buildings Code. • The '09 edition recognizes and regulates "live/work units" that combine a dwelling unit with a non-residential use operated by the tenant, up to 50 percent of a maximum 3,000 square foot space. • The new edition classifies "ambulatory health care facilities" in the business occupancy class rather than the institutional class, with provisions to protect occupants incapable of self-preservation without requiring these facilities to meet all the same standards as hospitals. • Fire walls, fire barriers and other walls required to their openings protected from fire and smoke transmission must be marked as such by signs or stenciling, in concealed spaces not visible to the general public. • Mercantile stores of any size that display and sell upholstered furniture are required by the '09 code to have fire sprinklers. • Areas of refuge for building occupants with impaired mobility are no longer required in buildings fully equipped with fire sprinklers. • The maximum travel distance to exit a manufacturing or storage building fully equipped with automatic heat and smoke vents and fire sprinklers has been reduced from 400 feet to 250 feet. • The provision to allow dead-end corridors up to 50 feet in length in sprinklered buildings used as factories and offices has been extended to include education, some institutional, mercantile, hotels, apartment houses, ' group homes, and warehouse occupancies. • Exiting provisions for accessory assembly areas which are part of schools must now meet the same requirements as other assembly uses. • Special inspection is now required for installation of anchor bolts in concrete, which occurs most commonly in Kent with storage rack installations. • Many design provisions previously found in the text of the building code are now in other published industry standards, referenced by the code. These changes will require engineers, architects and building departments to obtain and use these standards. International Residential Code: • Appendix G, which regulates swimming pools, spas and hot tubs, is i specifically adopted by the State to be applicable statewide. 26 • Appendix R, which establishes the standards to which residential fire sprinkler systems, where installed, must be constructed, is specifically adopted by the State to be applicable statewide. • The floor area size limit to be exempt from permit requirements for accessory structures to single-family residences, duplexes and townhomes has been increased from 120 square feet to 200 square feet. • The exemption from permit requirements for residential decks not more than 30 inches above grade has been narrowed, to exempt only those decks that meet the 30 inch height limitation, are not over 200 square feet in area, are not attached to a dwelling, and do not serve a required exit door. • New homes are required to have carbon monoxide alarms installed by January 1, 2011. Existing homes must have them installed by July 1, 2011, although owner-occupied detached single-family dwelling legally occupied prior to July 1, 2010, are exempt. • Deck ledgers attached to and supported by the lumber floor band Joist of the residence are now required to be connected with corrosion-resistant one-half inch diameter bolts or lag screws, or with approved fasteners having equivalent resistance to withdrawal. • Large kitchen hood systems exhausting more than 400 cubic feet of air per minute must now be equipped with an automatically operating make up air system, closed when not in use. International Mechanical Code: • Ventilation system design requirements have been updated to current industry standards and to incorporate provisions previously found in the , Washington State Ventilation and Indoor Air Quality Code. These changes, while increasing complexity, are expected to slightly reduce energy costs. Uniform Plumbing Code: • Waterless urinals complying with industry standards are allowed with stipulations on maintenance, provided that water supply piping is installed to the location for future replacement with a conventional urinal. • Expanded and refined requirements addressing nonpotable reuse water j systems and rainwater harvesting systems are included in the 2009 plumbing code. 27 Washington State Energy Code: • The WSEC has been extensively revised and reformatted, to assist in a future transition to the International Energy Conservation Code, to conform to the Governor's direction to increase energy efficiency, and to conform to federal requirements to meet minimum model code standards under the Energy Policy Act and the American Recovery and Reinvestment Act. Generally, there are many requirements which increase energy efficiency in a myriad of ways. • When space-conditioning equipment is installed, altered or replaced in an existing residential system using ducts, most ducts must be sealed against air leakage and tested to verify sealing. • A certificate will now be required to be posted near the electrical panel in residences listing insulation values of structure components, duct testing 1 results, and other information related to the energy efficiency of the building components and systems. This certificate is required to be updated whenever modifications are made to the building. • For buildings designed by the component performance approach, air leakage testing is now required for new residences and additions having a floor area of more than 750 square feet. • For buildings designed by the component performance approach, 50% of indoor lighting fixtures will be required to be high efficacy fixtures. • In addition to the other requirements of the Energy Code, a new requirement is that each dwelling unit must one "energy credit" by incorporating one or more of a number of listed energy-saving features, ranging from additional insulation to solar or wind-powered electrical generation capability. A small house credit can be gained by constructing a dwelling unit under 1,500 square feet in floor area, with less than 300 square feet of windows, while a large house credit is deducted for a house over 5,000 square feet. • For non-residential buildings, provisions are required for metering whole building energy supply sources, for management by the building owner. • Duct systems must be sealed and tested for leakage. Ordinary duct tape is no longer allowed to be used as a duct sealant. 28 International Fire Code: • Authority to order the immediate interruption of utility service (power) for imminent hazards with notification of the owner and coordination with the utility provider. • Signal coverage and strength of public safety radio systems in new and existing buildings will be evaluated to ensure adequate levels are maintained. Wired communication systems or in-building amplification systems may be necessary. Operation and maintenance of commercial cooking equipment frequencies are now based on the type of cooking equipment. Higher frequencies of use or increased production of grease laden vapors will be required cleaned more often. Retroactive sprinkler requirement for group I-2 occupancies which include, hospitals, nursing homes, mental hospitals and detoxification facilities. (All group I-2 occupancies in the City have fire sprinklers installed). • A means of two-way communications is now required for use by mobility- impaired individuals at above or below grade elevator lobbies with the fire command center or other approved location. • Luminous egress path marking is now required in exit enclosures to improve the visibility of stair treads, landings and handrails under normal and emergency conditions. • Use of powder coating operations in well ventilated rooms and/or booths instead of only in powder coating rooms. (This is a relaxing of the requirements and allows greater flexibility). • Code language to address the storage, use and dispensing of bio-diesel, alcohol blended fuels, and hydrogen. • Additional requirements for automated rack storage to include extensive shutdown and safety interlocks Hazardous Materials Management Plans and Hazardous Materials Inventory Statements have been revised to be more functional to the intended user. Examples of each document are now contained in the appendix. • Various changes to the storage and use of liquefied compressed gases, flammable gases, flammable cryogenic fluids and liquid oxygen. RH/pm P\Plammng\ECDC\2010\5-10-10_Documents\Item3_Attach_Selected Significant Changes FINALVersion from 2006 to 2009 Code Editions(2)doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections of Ch. 14.01 of the Kent City Code to adopt the 2009 editions of the International Building, Residential, Mechanical Codes, Plumbing, and Existing Building Code; to revise Section 14.08.020 to refer to the newly adopted codes; and to make other housekeeping amendments. RECITALS A. In response to legislative amendments adopted by the State of Washington, the Kent City Council enacted Ordinance No. 3839 on May 151 2007, which adopted the 2006 editions of the International Building, Residential, and Mechanical Codes, and the 2006 edition of the Uniform Plumbing Code. The state recently adopted the 2009 edition of these codes, and added the 2009 edition of the International Existing Building Code, which all take effect and apply to all cities in the state on July 1, 2010. Therefore, it is necessary to amend the Kent City Code to formally adopt the same. B. In addition to adopting the 2009 code editions, this ordinance also makes other housekeeping amendments, including elimination of reference to the Washington State Ventilation and Indoor Air Quality Code, 1 International Building, Residential, And Mechanical Codes - 2009 Update which has been repealed by the State, and updating references to code sections that have been re-numbered in the 2009 editions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I. — Amendment. Chapter 14.01 of the Kent City Code, entitled "Building Codes," is amended as follows: Chapter 14.01 BUILDING CODES Sec. 14.01.010. Building codes — Adopted. In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the state of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, are adopted by reference: A. The International Building Code, 20069 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. B. The International Existing Building Code, 2009 Edition, published by the International Code Council, Inc., but its application is limited as provided for in Chapter 34 of the International Building Code and as amended pursuant to WAC 51-50-480000 through WAC 51-50-481500. 2 International Building, Residential, And Mechanical Codes - 2009 Update { C8. The International Residential Code, 20096 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. DG. The International Mechanical Code, 20096 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. EB. The Uniform Plumbing Code, 20096 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. FE-. The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials. GF. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials. HG. The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Chapter 51-11 WAC. H. The WashangteR State Ventilatien and inddeE)F Air Quality Gede as vrF «en by the ry ushnn Ci ii3 \mac One (1) copy of each of these codes is on file with the City's building official. Sec. 14.01.020. Code conflicts. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the state building 3 International Building, Residential, And Mechanical Codes - 2009 Update codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Kent City Code provisions shall govern. Sec. 14.01.030. Amendments to the International Building Code. The following local amendments to the International Building Code, including all amendments enacted by the State of Washing tc ton pfevteti-* adopted in l(CC , are hereby adopted and incorporated into the International Building Code: A. General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new subsection 101.5: Sec. 101.5. Building code appendices adopted. Appendices C and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection 104.12: Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. C. Permits - Expiration of project permit application. Section 105 of the International Building Code, entitled "Permits," is amended by substituting subsection 105.3.2 with the following- Sec. 105.3.2. Expiration of project permit application. Project permit applications that are subject to Ch. 4 International Building, Residential, And Mechanical Codes - 2009 Update 12.01 KCC or that require SEPA review are subject to thesethe deadlines established by that code chapter or by SEPA. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith as determined solely in the Building Official's discretion. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed_ by the buildi-i-,g e€€+e+ak In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission. D. Permits - Extension of expiration of project permit application. Section 105 of the International Building Code, entitled "Permits," is amended by adding the following new subsection 105.3.3: Sec. 105 3.3. Extension of expiration of project permit application. Notwithstanding the provisions of subsection 105.3.2, a fully complete project permit application submitted on or after July 1, 2007, and before October 1, 2009, shall not expire by limitation according to the provisions of subsection 105.3.2, but shall expire by limitation on June 30, 2010, if the project permit applied for has not been issued by June 30, 2010. No further extension will be granted. E. Permits - Extension of time to commence work under building permit. Section 105 of the International Building Code, entitled "Permits," is amended by adding the following new subsection 105.5.1: Section 105.5.1. Extension of time to commence work under buildInci hermit. Notwithstanding the provisions of subsection 105.5, a building permit issued on or 5 International Building, Residential, And Mechanical Codes - 2009 Update after July 1, 2007, and before January 1, 2010, shall remain valid if the work authorized by such permit is commenced on or before December 31, 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. F. Board of appeals. Section 113-2 of the International Building Code, entitled "Board of Appeals," is amended by substituting Section 113-2 with the following: Sec. 1132. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.100. G. Additional height increases. Section 504 of the International Building Code, entitled "Height," is amended by adding the following new subsection 504.4: Sec. 504.4. Additional height increases. For Group B or Group R, Divisions 1 and 2 Occupancies, the permitted increase of one story allowed by subsection 504.2 may be increased to two stories when all of the following conditions are met: 1. An automatic fire sprinkler system complying with Section 903.3.1.1 is installed throughout with the installation of quick response sprinkler heads in all areas where the use of these heads is allowed. 2. Vertical exit enclosures are constructed as smokeproof enclosures or pressurized stair enclosures in accordance with Section 909.20. 3. Standby power is supplied for light, emergency, and any exit enclosure pressurization systems used, as provided in Sections 403.4_74-0 and 909.20.6.2, and the adopted edition of the National Electrical Code. Connection ahead of service disconnect means shall be permitted for standby power. 6 , International Building, Residential, And Mechanical Codes - 2009 Update 4. Walls separating dwelling units or sleeping units, and corridor walls in Group R, Divisions 1 and 2 Occupancies shall be constructed as 1-hour fire partitions as provided in Section 7098. Reduction of the fire-resistance rating is not permitted. 5. All exterior walls, including those with a fire separation distance of more than five feet, shall be of not less than 1-hour fire-resistance rated construction on the interior and the exterior of the wall. 6. Structural observation is provided during construction in accordance with Sections 1702 and 171099.1. 7. An emergency voice/alarm communication system complying with subsections 907.5.2.22.12.2 through 907.5.2.2.42. 2.2.3 is installed. 8. Approved supervised indicating control valves shall be provided at the point of connection to the automatic fire sprinkler system riser on each floor. 9. Structures meeting the requirements of this subsection shall have an automatic sprinkler zone per floor. All zones must report independently. Sec. 14.01.035. Amendments to the International Existing Building Code. The following local amendments to the International Existing Building Code are hereby adopted and incorporated into the International Existing Building Code: A. All references to the "code official" in the International Existing Building Code shall be substituted with the words "building official." B. Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Existing Building Code, entitled "Duties and Powers of Code Official," is amended by adding the following new subsection 104.12: Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to 1 administer and enforce the building code, the building official shall have no duty to verify or establish lot 7 International Building, Residential, And Mechanical Codes - 2009 Update lines or setback lines. No such duty is created by this code, and none shall be implied. C. -- Permits — Expiration of proiect permit application. Section 105 of the International Existinq Building Code, entitled "Permits," is amended by substituting subsection 105.3 2 with the following_ Sec. 105.3.2. Expiration of project permit application. Protect permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to the deadlines established by that code chapter or by SEPA. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete proiect permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in qood faith as determined solely in the Building Official's discretion. The building official may extend the time for action on the permit application for one or more penods, each period not exceeding 90 days, upon written reguest by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed. In order to renew action on an expired application, the applicant shall resubmit plans and nav a new review fee at the rates in effect at the time of resubmission. D. Permits - Extension of expiration of proiect permit application. Section 105 of the International Existing Building Code, entitled "Permits," is amended by adding the following new subsection 105.3.3: Sec. 105.3.3. Extension of expiration of proiect permit application. Notwithstanding the provisions of subsection 105.3.2, a fully complete project permit application submitted on or after July 1, 2007, and , before October 1, 2009, shall not expire by limitation according to the provisions of subsection 105.3.2, but shall expire by limitation on June 30, 2010, if the project permit applied for has not been issued by June 30, 2010. No further extension will be granted. 8 International Building, Residential, And Mechanical Codes - 2009 Update E. Permits - Extension of time to commence work under building permit Section 105 of the International Existing Building Code, entitled "Permits," is amended by adding the following new subsection 105.5.1: Section 105 5.1. Extension of t1me to commence work under building permit Notwithstanding the provisions of subsection 105.5, a building permit issued on or after July 1, 2007, and before January 1, 2010, shall remain valid if the work authorized by such permit is commenced on or before December 31, 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. F. Certificate of Occupancy - Altered area use and occupancy classification change. Section 110 of the International Existing Building Code, entitled "Certificate of Occupancy," is amended by substituting subsection 110.1 with the following: Sec. 110.1. Altered area use and occupancy classification change No altered area of a building and no relocated building shall be used or occupied, and no change in the existing occupancy classification I of a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein, except that no certificate of occupancy is required for detached one- and two- family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures subiect to the provisions of the International Residential Code. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. GF. Board of appeals. Section 112 of the International Existing Building Code, entitled "Board of Appeals," is amended by substituting_Section 112 with the following: 9 International Building, Residential, And Mechanical Codes - 2009 Update Sec. 112. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in KCC 14.01.100. Sec. 14.01.040. Amendments to the International Residential Code. The following local amendments to the International Residential Code, including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Residential Code: A. Duties and powers of building official - Lot lines and setback lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection R104.12: Sec. R104.12. Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. B. Permits - Substantially improved or substantially damaged existing buildings in areas prone to flooding. Section R105 of the International Residential Code, entitled "Permits," is amended by substituting subsection R105.3.1.1 with the following: Sec. R105.3.1.1. Substantially improved or substantially damaged existing buildings in areas prone to flooding. The building official may require that all applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding be submitted in accordance with Ch. 14.09 KCC. 10 International Building, Residential, And Mechanical Codes - 2009 Update C. Permits - Expiration of project permit application. Section R105 of the International Residential Code, entitled "Permits," is amended by substituting subsection R105.3.2 with the following: Sec. R105.3.2. Expiration of project permit application. Project permit applications that are subject to Ch 12.01 KCC or that require SEPA review are subject to thesethe deadlines established by that code chapter or by SEPA. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith as determined solely in the Building Official's discretion. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed_ by the building effieda17 In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission. D. Permits - Extension of time limitation on application. Section R105 of the International Residential Code, entitled "Permits," is amended by adding the following new subsection R105.3.3: Sec. R105 3.3. Extension of time limitation on application. Notwithstanding the provisions of subsection R105 3.2, a fully complete project permit application submitted on or after July 1, 2007, and before October 1, 2009, shall not expire by limitation according to the provisions of subsection R105 3.2, but shall expire by limitation on June 30, 2010, if the project permit applied for has not been issued by June 301 2010. No further extension will be granted. 11 International Building, Residential, And Mechanical Codes - 2009 Update E. Permits - Extension of time to commence work under building permit. Section R105 of the International Residential Code, entitled "Permits," is amended by adding the following new subsection R105.5.1: Section R105 5.1. Extension of time to commence work under building permit. Notwithstanding the provisions of subsection R105.5, a building permit issued on or after July 1, 2007, and before January 1, 2010, shall remain valid if the work authorized by such permit is commenced on or before December 31, 2010, provided the work has not been suspended or abandoned for a period of 180 days after the time the work is commenced. F. Fees - Building permit valuations. Section R108 of the International Residential Code, entitled "Fees," is amended by substituting subsection R108.3 with the following: Sec. R108.3. Building permit valuations. The permit applicant shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor, for which the permit is being issued. (The work would include, for example and without limitation, electrical, gas, mechanical, and plumbing equipment and other permanent systems.) If the building official decides that the permit valuation is underestimated, the permit application shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. G. Certificate of occupancy. Section R110 of the International Residential Code, entitled "Certificate of Occupancy," is hereby repealed. H. Board of appeals. Section R112 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112 with the following: Sec. R112. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, 12 International Building, Residential, And Mechanical Codes - 2009 Update or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14 01.100 of the Kent City Code. Any appeal to an order, decision, or determination of the public works director with respect to work within a flood hazard area shall be made in accordance with Ch. 14.09 KCC. Sec. 14.01.050. Amendments to the Uniform Plumbing Code. The following local amendments to the Uniform Plumbing Code including all amendments enacted by the State of Washington KGG 14 01.010 are hereby adopted and incorporated into the Uniform Plumbing Code: A. Title, scope, and general - Appendices adopted. Section 101 of the Uniform Plumbing Code, entitled "Title, Scope, and General," is amended by adding the following new subsection 101.6: Sec. 101.6. Appendices adopted. The Uniform Plumbing Code standards set forth in Appendices A, B, and I of the Uniform Plumbing Code are hereby adopted. B. Organization and enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by substituting subsection 102.3.2 with the following: Sec. 102.3.2. Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs plumbing work in violation of- (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law. 13 International Building, Residential, And Mechanical Codes - 2009 Update C. Organization and enforcement - Board of appeals. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by adding the following new subsection 102.4: Sec. 102.4. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code D. Permits and inspections - Expiration of project permit application. Section 103 of the Uniform Plumbing Code, entitled "Permits and Inspections," is amended by substituting subsection 103.4.3 with the t following: Sec. 103.4.3. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to thesethe deadlines established by that code chapter or by SEPA. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14 11.020, has been submitted, unless that application has been pursued in good faith as determined solely in the Building_Official's discretion. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission. 14 1 International Building, Residential, And Mechanical Codes - 2009 Update Sec. 14.01.060. Amendments to the International Mechanical Code. The following local amendments to the International Mechanical Code including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Mechanical Code as if fully set forth therein. A. Permits - Expiration of project permit application. Section 106 of the International Mechanical Code, entitled "Permits," is amended by substituting subsection 106.3.3 with the the following_ new Sec. 106.3.3-2. Expiration of project permit application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review are subject to theese deadlines established by that code chapter or by SEPA. All other project permit applications shall expire by limitation if no permit is issued 180 days after the determination that a fully complete project permit application, as defined in KCC 14.11.020, has been submitted, unless that application has been pursued in good faith— as determined solely in the Building Official's -discretion. The building official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new review fee at the rates in effect at the time of resubmission. B. Violations - Penalties. Section 108 of the International Mechanical Code, entitled "Violations," is amended by substituting subsection 108.4 with the following: 15 International Building, Residential, And Mechanical Codes - 2009 Update Sec. 108.4. Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law. C. Means of appeal - Board of appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following: Sec. 109. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. Sec. 14.01.070. Amendments to the Uniform Housing Code. The following local amendments to the Uniform Housing Code PlFev+etrsly -,depted in KCC 1 n ni ni n are hereby adopted as if fully set forth therein. A. Scope. Section 103 of the Uniform Housing Code is amended by substituting Section 103 with the following: Sec. 103. Scope. The provisions of this code shall apply to all buildings or portions thereof used, er designed, or intended to be used, for human habitation. Sti-ci These occupancies in existing buildings may be continued as provided in IBC § 102 6 or IRC § R102.7, as may be applicable, except stie#for structures as are found to be substandard as defined in this code. 16 International Building, Residential, And Mechanical Codes - 2009 Update Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Rooming houses, congregate residences, or lodging houses shall comply with all the requirements of this code for dwellings. B. Application to existing buildings and structures - Additions, alterations, or repairs. Subsection 104.1 of the Uniform Housing Code is amended by substituting subsection 104.1 with the following: Sec. 104.1. Additions, Alterations, or Repairs. For additions, alterations, or repairs, see IBC §§ 102.6, atfd Chapter 3403, ands IRC § R102.7, as may be applicable. C. Repealer. Section 202 of Chapter 2 and Chapters 11 through 16 of the Uniform Housing Code are hereby repealed. D. Board of appeals. Section 203 of the Uniform Housing Code, entitled "Board of appeals," is amended by substituting Section 203 with the following: Sec. 203. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and ' methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. E. Violations. Section 204 of the Uniform Housing Code, entitled "Violations," is amended by substituting Section 204 with the following: Sec. 204. Violations. 204.1. Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy 17 International Building, Residential, And Mechanical Codes - 2009 Update any building, structure, or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of any of the provisions of this code. 204.2. Violation penalties. Any person who violates a provision of this code, or fails to comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a j directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 and 1.04 KCC or as otherwise provided by law. F. Permits and inspections - General. Section 301 of the Uniform Housing Code, entitled "General," is amended by substituting Section 301 with the following: Sec. 301. General. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in IBC §§ 105 and 1076 or IRC §§ R105 and R106, as may be applicable. G. Permits and inspections - Fees. Section 302 of the Uniform Housing Code, entitled "Fees," is amended by substituting Section 302 with the following: Sec. 302. Fees. When a building permit is required by Section 301 of this code, the appropriate fees shall be paid as specified in IBC § 1098 or IRC § R108, as may be applicable. H. Permits and inspections - Inspection. Section 303 of the Uniform Housing Code, entitled "Inspection," is amended by substituting Section 303 with the following: Sec. 303. Inspection. Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to 18 International Building, Residential, And Mechanical Codes - 2009 Update inspection by the building official in accordance with,_ and in the manner provided by, this code and IBC §§ 1109 and 1704 or IRC § R109, as may be applicable. I. Definitions - Building code. Section 401 of the Uniform Housing Code, entitled "Definitions," is amended by revising the definition of "building code" as follows: Sec. 401. Definitions. BUILDING CODE is the International Building Code ("IBC") or the International Residential Code ("IRC'), as may be applicable, promulgated by the International Code Council, Inc , as adopted by this jurisdiction. J. Definitions - Mechanical code. Section 401 of the Uniform Housing Code, entitled "Definitions," is amended by revising the definition of "mechanical code" as follows: Sec. 401. Definitions. MECHANICAL CODE is the International Mechanical Code or the International Residential Code, promulgated by the International Code Council, Inc., as may be applicable and as adopted by this jurisdiction. K. Space and occupancy standards - Location on property. Section 501 of the Uniform Housing Code, entitled "Location on Property," is amended by substituting Section 501 with the following: Sec. 501. Location on property. All buildings shall be located with respect to property lines and with respect to other buildings on the same property as required by Chs. 5, 6 and 76 IBC and IRC § R302, as may be applicable. 19 International Building, Residential, And Mechanical Codes - 2009 Update L. Light and ventilation - Hallways. Subsection 504.4 of the Uniform Housing Code, entitled "Hallways," is amended by substituting subsection 504.4 with the following: Sec. 504.4. Hallways. All public hallways, stairs, and other exitways shall be adequately lighted at all times in accordance with IBC § 1006 or IRC §§ R303 and R311, as may be applicable. M. Sanitation - Water closet compartments. Subsection 505.5 of the Uniform Housing Code, entitled "Water Closet Compartments," is amended by substituting subsection 505.5 with the following: Sec. 505.5. Water closet compartments. Walls and floors of water closet compartments, except in dwellings, shall be furnished in accordance with IBC § 1210 This provision is not applicable to those projects subject to the IRC. N. Heating and ventilation - Heating. Subsection 701.1 of the Uniform Housing Code, entitled "Heating," is amended by substituting subsection 701.1 with the following: Sec. 701.1. Heating. Dwelling units, guest rooms, and congregate residences shall be provided with heating facilities capable of maintaining a room temperature of at least 70OF (21.10C) at a point 3 feet (914 mm) above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Ch. 21 IBC or Ch. 10 and 12-24 IRC, as may be applicable, the Mechanical Code, and all other applicable laws. Unvented fuel- burning heaters are not permitted. All heating devices or appliances shall be of an approved type. O. Exits - General. Section 801 of the Uniform Housing Code, entitled "General," is amended by substituting Section 801 with the following: Sec. 801. General. Dwelling units or guest rooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways, and appurtenances as 20 International Building, Residential, And Mechanical Codes - 2009 Update required by Ch. 10 IBC or IRC § R311, as may be applicable. P. Fire protection - General. Section 901 of the Uniform Housing Code, entitled "General," is amended by substituting Section 901 with the following: Sec. 901. General. All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction, and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by Ch. 9 IBC or IRC § R3143 and R315, as may be applicable. Q. Substandard buildings - Deflnitlon - General. Subsection 1001.1 of the Uniform Housing Code, entitled "General," is amended by substituting subsection 1001.1 with the following: Sec. 1001.1. General. Any building or portion thereof that is EleteFFAineE'the Building Official determines to be an unsafe building in accordance with IBC § 116S, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that those conditions endanger the life, limb, health, property, safety, or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings. Sec. 14.01.080. Amendments to the Uniform Code for the Abatement of Dangerous Buildings. The following local amendments to the Uniform Code for the Abatement of Dangerous Buildings pFewsasfy adepted on KGG 14.01. are hereby adopted as if fully set forth therein. A. Purpose and scope. Subsection 102.1 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Purpose," is amended by substituting subsection 102.1 with the following: 21 International Building, Residential, And Mechanical Codes - 2009 Update Sec. 102.1. Purpose. It :s the purpese of this ,.ed be eizimulativeIn conjunction with and in addition to any other remedy provided by the International Building Code, International Residential Code, Uniform Housing Code, or otherwise available by law, it is the purpose of this code to provide a just, equitable, and practicable method Ito require the repair vacation, or demolishment of buildings or structures whiehthat from any cause endanger the life, limb, health, morals, property, safety, or welfare of the general public or of their occupants_ n9ay be Feq Fed The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. B. Alterations, additions, and repairs. Section 103 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Alterations, Additions, and Repairs," is amended by substituting Section 103 with the following: Sec. 103. Alterations, additions, and repairs. All buildings or structures whlehthat are required to be repaired under the provisions of this code shall be subject to the provisions of IBC §Ch. 34&3 or IRC § R102.7, as may be applicable. C. Abatement of dangerous buildings. Section 202 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Abatement of Dangerous Buildings," is amended by substituting Section 202 with the following: Sec. 202. Abatement of dangerous buildings. All buildings or portions thereof whieh aFe deteFminedthat the Building Official determines, after inspection, by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. 22 , International Building, Residential, And Mechanical Codes - 2009 Update D. Violations. Section 203 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Violations," is amended by substituting Section 203 with the following: Sec. 203. Violations. 203.1. Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. 203.2. Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements, or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in Chs. 14.08 `— and 1.04 KCC or as otherwise provided by law. E. Inspection of work. Section 204 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Inspection of Work," is amended by substituting Section 204 with the following: Sec. 204. Inspection of work. All buildings or ' structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and IBC §§ 1109 and 1704 or IRC § R109, as may be applicable. F. Board of appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Board of Appeals," is amended by substituting Section 205 with the following: Sec. 205. Board of appeals. The City of Kent hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative 23 International Building, Residential, And Mechanical Codes - 2009 Update to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 14.01.100 of the Kent City Code. G. General - Definitions. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended as follows: Sec. 301. General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. "Building eCode" is the International Building Code or the International Residential Code, as may be applicable, promulgated by the International Code Council, Inc., as adopted by this jurisdiction. "Dangerous bBuilding" is any building or structure deemed to be dangerous under the provision of section 302 of this code. "Endangered" as used in section 302 means negatively affected, to any degree, by any and all conditions, actions or omissions which, singularly or together, reduce or are likely to reduce or negatively impact the life or limb, health, property or safety of the public, including but not , limited to, economy in the provision of public service, general welfare, economic viability, or security in the enjoyment of the community. "Health eOfficer" as used in this code shall mean the building official or his or her designee. "Housing eCode" is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. H. Repealer. Chapters 4 through 9 of the Uniform Code for the t Abatement of Dangerous Buildings are repealed. 24 International Building, Residential, And Mechanical Codes - 2009 Update Sec. 14.01.090. Building codes — Fees. The City Council shall, by resolution, establish the fees to be assessed €erto implement and operate the codes adopted in this chapter. Sec. 14.01.100. Appeals. A. Appeals to the hearing examiner. 1. Jurisdiction. The City hearings examiner has been designated as the board of appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in this chapter. The City hearings examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City hearings examiner be empowered to waive requirements of these ibuilding codes. 2. Filing. Appeals shall be filed with the hearings examiner by 5:00 p.m. of the fourteenth calendar day following the date of the order, determination, or decision being appealed When the last day of the appeal rperiod so computed is a Saturday, Sunday, or €edeFal or City holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the building official's decision and the relief sought shall be stated in the written appeal. 3. Standing. Standing to bring an appeal under this chapter is limited to the following persons: a. The applicant and the owner of property to which the permit decision is directed. b. Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: 25 International Building, Residential, And Mechanical Codes - 2009 Update 1. The order, determination, or decision has prejudiced or is likely to prejudice that person; ii. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision, and Ill. The appellant has exhausted his or her administrative remedies to the extent required by law. B. Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Ch. 2.32 KCC. The decision of the hearings examiner shall be final and conclusive unless, within twenty-one (21) calendar days ] of the hearings examiner's decision, an appeal is filed with the King County superior court. When the last day of the appeal period so computed is a Saturday, Sunday, or , e -al e City holiday, the period shall run until the next business day. SECTION 2. - Amendment - KCC 14.08.020. Section 14.08.020 of the Kent City Code, related to enforcement of the City's Building Codes and entitled "Definitions," is amended as follows: Sec. 14.08.020. Definitions. The definitions contained in KCC 1.04.020 shall also apply to this chapter. In addition, the following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Building codes means and includes the International Building Code, the International Existing Building Code, the International Residential Code, the International Mechanical Code, the International Fire Code, the Uniform Plumbing Code, the Uniform Housing Code, the Uniform Code for Abatement of Dangerous Buildings, and the Washington State Energy Code, and the Washingten State Ventilation and indeeF A'F Quality 26 International Building, Residential, And Mechanical Codes - 2009 Update Eede;,, as now or hereafter adopted, amended, and/or supplemented pursuant to KCC Title 14, the Revised Code of Washington, and/or the Washington Administrative Code. 2. Budding official means the building official of the city or any person authorized by the building official to enforce the building codes. 3. Premises means a plot of ground, whether occupied by a structure or not. SECTION 3. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK ' 27 International Building, Residential, And Mechanical Codes - 2009 Update APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY i PASSED: day of , 2010. APPROVED: day of 12010. PUBLISHED: day of 12010. , I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordinance\BuddingCodes2009-AdoptUpdate doc 28 ' International Building, Residential, And Mechanical Codes - 2009 Update ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 13.01 of the Kent City Code to adopt the 2009 edition of the International Fire Code and to make other amendments applicable to Kent. ' RECITALS A. In response to legislative amendments adopted by the State of Washington, the Kent City Council enacted Ordinance No. 3840 on May 15, 2007, which adopted the 2006 edition of the International Fire Code. The state recently adopted the 2009 edition of this code, which takes effect and applies to all cities in the state on July 1, 2010. Therefore, it is Inecessary to amend the Kent City Code to formally adopt the same. B. In addition to adopting the 2009 code edition, this ordinance also includes other amendments to reference the Kent Design and Construction Standards, to reference national standards, to include the content of appendices C and D within the body of Kent's local amendments to the International Fire Code, and to repeal those local amendments the City previously enacted that are now reflected in the 2009 International Fire Code and are thus no longer necessary. 1 International Fire Code- 2009 Update NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 13.01 of the Kent City Code, entitled "Fire Codes," is amended as follows: , Chapter 13.01 FIRE CODES Sec. 13.01.010. Fire code — Adopted. In accordance with Chapter 19.27 RCW, the International Fire Code, 20062009 Edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the state of Washington through its Building ' Code Council pursuant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code and the appendices adopted in KCC 13.01.030(A) are on file with the city's fire code official. Sec. 13.01.020. Code conflicts. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Kent City Code provisions shall govern. Sec. 13.01.030. Amendments to the International Fire Code — Chapter 1, Scope and Administration. The following local amendments to Chapter 1 of the International Fire Code, entitled "Scope and Administration," including all amendments enacted by the State of 2 International Fire Code- 2009 Update Washington, are hereby adopted and incorporated into the International Fire Code as follows: A. Scope and General Requirements - Fire code appendixees adopted. Section 101 of the International Fire Code, entitled "Scope and General Requirements," is amended by adding the following new subsection 101.6: Sec. 101.6. Fire code appendixees adopted. Append lees-Appendix B, G, D,, E, F, a;;,d G of to-the ' International Fire Code are hereby adopted. B. General authority and responsibilities - Retained authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection Sec. 104.1.1. Retained authority - Additional conditions. The fire code official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire ' protection impacts and problematic fire protection systems. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation and or ' modification of standpipes, automatic fire sprinkler and fire alarm systems. C. General authority and responsibilities - Lot lines and setback lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection 104.12: Sec. 104.12. Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. D. PeFfilfts Fees. Seetieig 105 of the 14effiat'eRal Fire Cede,entitled "Permits," is amended by adding the fellewmg new subseetlen . 3 International Fire Code- 2009 Update See. 10 . .4. Fees. The fi Fe ....de a ff I shall p -ire I t e establishing a ehed 11e of fees fee 1 %uuii�n eonsderateFi, w ieh fees shall nelude---the—eest ,rrvvivedan the essi g, issuanee, and renewal of permits and eeFtifleates. Any fee sehedule adepted by shaIrreelleet these—fees--ate--Ire�eF�eTrditien colssuaiiee—er -.I ..FaRy t eF eertifieate FailEffe to pay fe g, shall eJUII 111 the �f�-. ED. Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new subsection 105.1.54: Sec. 105.1.45. Term. Operational Ppermits and eeFt om issued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. FE. Permits - Expiration of project permit application. Section 105 of the International Fire Code, entitled "Permits," is amended by substituting ' subsection 105.2.3 with the following: Sec. 105.2.3. Expiration of project permit ' application. Project permit applications that are subject to Ch. 12.01 KCC or that require SEPA review ' are subject to those deadlines. All other project permit applications shall expire by limitation if no permit is issued within 180 days after the determination that a fully complete project permit application has been submitted, unless in the fire code official determines, in his or her sole discretion, that the application has been pursued in good faith. The fire code official may extend the time for action on the permit application for one or more periods, each period not exceeding 90 days, upon written request by the applicant if the applicant can demonstrate, to the satisfaction of the fire code official, slctthat circumstances beyond the applicant's control of the appileafl-t-have prevented action from being taken. If an application has expired, plans and other data previously submitted for review may thereafter be returned to the applicant or 1 4 International Fire Code- 2009 Update ' destroyed by the fire code official. In order to renew action on an expired application, the applicant shall ! resubmit plans and pay a new review fee. F. Permits - Electronic Image. Section 105 of the International Fire ' Code entitled "Permits," is amended by adding the following new subsection 105.4.7: ' Sec. 105.4.7. Electronic Image. Prior to final inspection, the applicant shall provide to the fire code ' official an electronic image of issued construction documents and corrected documents in accordance with 105.4.6. G. Permits - Commercial kitchens. Section 105 of the International Fire Code entitled "Permits," is amended by adding the following new subsection 105.6.47: Sec. 105.6.47. Commercial Kitchen. An operational permit is required for all commercial kitchens with type I hood systems. H. Permits - Emergency and standby power systems. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the ! following new subsection 105.6.48: Sec. 105.6.48. Emergency and standby Dower systems. An operational permit is required for emergency or standby power systems identified in NFPA 110. ' I. Permits - Emergency and standby power systems. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the ' following new subsection 105.7.15: Sec. 105.7.15. Emergency and standby Dower systems. A construction permit is required for the installation of an emergency or standby power system identified in NFPA 110. 5 International Fire Code- 2009 Update GJ. Board of appeals. Section 108 of the International Fire Code, , entitled "Board of appeals," is amended by substituting Section 108 with , the following: Sec. 108. Board of appeals. The City of Kent , hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code ' official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the , building and fire codes. Appeals shall be made as set forth in section 13� -13.01.130 of the Kent City Code. ++K. Violation penalties. Section 109 of the International Fire Code, entitled "Violations," is amended by substituting subsection 109.3 with the ' following: Sec. 109.3. Violation_penalties. Any person who violates a provision of this code, or fails to comply with any of its requirements, or who erects, constructs, alters, or repairs a building or structure in violation of ' (a) the approved construction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, 1 shall be subject to penalties as set forth in Ch. 13.02 of the Kent City Code or as otherwise provided by law. L. Fees. Section 113 of the International Fire Code, entitled "Fees," is amended by substituting subsection 113.1 with the following_ Sec. 113.1. Fees. The fire code official shall collect fees as a condition to issuance or renewal of any permit or certificate. M. Fees - Schedule of permit fees. Section 113 of the International Fire Code, entitled "Fees," is amended by substituting subsection 113.2 with the following: , Sec. 113.2. Schedule of Permit Fees. The fire code official shall prepare a resolution establishing a schedule of fees for council consideration, which fees ' 6 International Fire Code- 2009 Update ' shall include the cost involved in the processing, issuance and renewal of permits and certificates. Any ' fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate. N. Fees - Termination. Section 113 of the International Fire Code, entitled "Fees," is amended by adding the following new subsection 113.6: Sec. 113.6. Termination. Failure to pay for either an original permit or the required renewal within 30 ' days of the date notice is given, shall result in the City's termination of the permit or certificate application. See. 1:3.01.040. Amendments to the internaCena' Fore Go of the int..rnat.. na' Fore Cede, entitled "Befinitien h _ by adept a use fE)F that PUFPE)se and is aeeessible fer- immediate use at PRIVATE HYDRANT is a fiFe hydFaRt situated and maintained te Sec. 13.01.050040. Amendments to the International Fire Code - Chapter 3, General Precautions Against FireRequirements. The following local amendment to Chapter 3 of the International Fire Code, entitled "General PFeeaizitleRs Against FireRequirements," including all amendments enacted by the State of Washington are+s hereby adopted ' and incorporated into the International Fire Code as follows: ' 7 International Fire Code- 2009 Update A. M�eant premises Fu:e pr$teetfefl systems.Seetse„ 311 f the InteFnatlenaIF+Fe—Cede, entided "Vaeant PTem+ses is amended by ' shall be fnamtalFqed in an epeFable eeiqditien at all twne�-. eeestFae-t+e R with s u ff+e,e R t fire sepaFat+e n d+sta n Ee se as te„ t ereate a peFseigs, anEl (d) has buildings that will net be heated, peteRtially expesing may allow standpipes te be ngaintamned as dfysy-s-t"'"" ebit an , A. Miscellaneous Combustible Materials Storage - Idle Pallets. Section ' 315 of the International Fire Code, entitled "Miscellaneous Combustible Materials Storage," is amended by adding a new subsection 315 3.3 as ' follows: Sec. 315.3.3. Idle Pallets. Idle pallets shall be stored in accordance with Sections 315.3.3.1 through 315.3.3.4. Sec. 315.3.3.1. Buildings protected with ' automatic sprinklers. In buildings protected with approved automatic sprinklers, the storage of idle , pallets shall be in accordance with NFPA 13 Table Al2 12.1.1. Sec. 315.3.3.2. Buildings without sprinkler ' protection. In buildings that do not have protection through approved automatic sprinklers, ' the storage of idle pallets shall be in accordance with Table 315.3.3.2. 8 International Fire Code- 2009 Update ' Table 315.3.3.2 Clearances' Between Storage and Buildings Over Wall Construction Openings 0-50 51-200 200 iYPS Pallets Pallets Pallets Masonry None 5 5 10 ' 1 hour Masonry wotected 5 10 E01 openings 3 4 hour Masonry protected 10 20 30 openings ' Non Masonry protected 20 30 50 openings ' Other 20 30 50 ' All distances measured in feet. Sec. 315.3.3.3. Separation from other storage. The storage of idle pallets shall be ' separated from other storage in accordance with Table 315.3.3.3. Table 315.3.3.3 Clearance to Other Storage Pile Size Minimum Distance' 0-50 20 51-200 30 Over 200 50 ' All distances measured in feet. Sec. 315.3.3.4. Stacks. Pallet stacks shall be arranged to form stable piles. Piles shall be limited to an area not greater than 400 square feet. A distance half the pile height or not less than 8 ft. ' shall separate stacks. Sec. 13.01.969050. Amendments to the International Fire Code — Chapter 5, Fire Service Features. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," including all amendments enacted by the State of ' 9 International Fire Code- 2009 Update Washington, are hereby adopted and incorporated into the International ' Fire Code as follows: , A. Fire Service Features - Definitions. Section 502 of the International Fire Code, entitled "Definitions," is amended by adding the following ' definition to subsection 502.1: LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on ' not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways ' from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Buildinq Code AB. Fire service features - Fire apparatus access roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. 8C. Fire apparatus access roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.1 with the following: Sec. 503.2.1. Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). ..Fte thereef on emeess of 28 F.-et in height the fire aigh JCTQECEQ- PCrtT� eaFaR'Fe o f net less than 3 32. At least one of the required fire apparatus access roads shall be located at least 15 feet and not more than a Rgaxemum &f 25 feet from 10 International Fire Code— ' 2009 Update each building on the premises and shall be positioned parallel to one entire side of each building. The ' measurement for this requirement shall be taken from the exterior wall of the building to the nearest edge of the fire apparatus access road. D. Fire apparatus access roads - Surface. Section 503 of the International Fire Code entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.3: Sec. 503.2.3. Surface. Fire apparatus access roads shall be constructed with a surface of asphalt, concrete, or other approved driving surface capable of ' supporting the imposed load of fire apparatus weighing at least 30 tons (27,240 kg). ' E. Fire apparatus access roads - Turning radius. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is ' amended by substituting subsection 503.2.4 with the following: Sec. 503.2.4. Turning radius. All fire apparatus access roads shall have a 30 foot minimum inside ' turning radius and a 50 foot minimum outside turning radius The radius must be measured from the travel lane edge, unless otherwise approved. F. Fire apparatus access roads - Dead Ends. Section 503 of the International Fire Code is amended by substituting subsection 503.2.5 with the following: ' Sec. 503.2.5. Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45.72 m) in length shall be provided with an approved turnaround 1 designed as illustrated in the Kent Design and Construction Standards, unless otherwise approved. GG. Fire apparatus access roads - Badges and elevated surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access ' Roads," is amended by substituting subsection 503.2.6 with the following: Sec. 503.2.6. Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or elevated surface 11 International Fire Code- 2009 Update shall be constructed and maintained in accordance , with specifications established by the fire code official and the City's public works director, or their , designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 30 or more ton fire apparatus, the , total imposed load to be determined by the fire code official. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code , official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or , approved signs, or both, shall be installed and maintained, if required by the fire code official. H. Fire apparatus access roads - Grade. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is ' amended by substituting subsection 503.2.7 with the following: Sec. 503.2.7. Grade. Fire apparatus access roads , shall not exceed 15 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined , by the fire code official. I. Fire apparatus access roads - Access road width with a hydrant. 'Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads" is amended by adding the following new subsection 503.2.9 Sec. 503.2.9. Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet , for 20 feet on both sides of the hydrant operating nut and shall be marked as a fire lane per Section 503.3. 39. Fire apparatus access roads - Marking. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503 3 with the following: Sec. 503.3. Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the 12 International Fire Code- 2009 Update , i ' unobstructed minimum required width of roadways. Subject to the fire code official's prior written ' approval, marked fire apparatus access roads, or "fire lanes" as defined . et , 592.1 of the eed may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane " Fire lanes shall be marked as directed by the fire code ' official with one or more of the following types of markings in accordance with the Kent Design and Construction Standards: Sec. 503.3.1. Type 1. Type 1 marking shall be installed to identify fire lanes on commercial and I multi-family developments or as directed by the fire code official. The fellewlRg shall apply te Type 1 k+rg! 1 1 matteft! RFe—lanes installed pFler to guly 1, lane. 3. Lanes WitheUt 61:1FbS shall be identified by red tFaffle paint with a 6 ineh wide stripe en the pavement, extending the length ef the designated fire lane. 4. Thceds „NO PARKING FIRE LANE"cr- s fa" red paint stFlpe en the payefnent. Leeatiens and 13 International Fire Code- 2009 Update i leng dF yes are to be FnaFRed the repetitens shallalternate sides ef the dFive , 1 fire lane aFea that the f Fe Ee de eff elal .det.,.-.....nes has , preleffi perking. The-€lFe eerie—e€fi£+al nay FequiF2 Type Y% c Friui rirr'r" Sec. 503.3.2. Type 2. Type 2 marking shall be installed to identify fire lanes in one- and two- family dwelling developments; eel dew turnarounds, as Fequired by ^^^^^ ' ^ ^f the Fire £-ede;or as directed by the fire code official. T-he "NE) PARKING FIRE LANE" te be installed at inteFvals er -leeatiens desagnated by the fiFe eede effi -,I. white bael(gr-eund. 2. The signs shall FneaSHFe 12 inehes in width A meta' sign shall be installed en beth sides v urc f the ff pest to face tFa .e to ensuFe highvisibility fe ' sites,MEAeF'StS. Signs shall be installed aS FeElu'Fed by appFeved Peable eF tengpelFary sign pests and bases may—be ��Ft�.Il used. 4. Wh..Fe f...e lanesaFe a.-1,-,.,ent te buildings e - Sec. 503.3.3. Type 3. Type 3 marking shall be , installed to address situations where neither Type 1 or 2 marking is effective as determined by the fire code official. 14 International Fire Code- 2009 Update 1. WheFe direeted by the fiFe eerie ,.oc-vff eiati, sSpecific areas designated by the fire code official shall be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. . is Fepealed. K. Fire apparatus access roads - Commercial and Industrial Developments. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new subsection 503.7: Sec. 503.7. Commercial and Industrial Developments. Fire apparatus access roads serving commercial and industrial developments shall be in accordance with Sections 503.7.1 through 503 7.3. Sec. 503.7.1. Buildings exceeding three stories or 30 feet in height. Buildings or facilities ' exceeding 30 feet or three stories in height shall have at least three means of fire apparatus access for each structure. Sec. 503.7.2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross building area of more than 62,000 square feet shall be provided with two separate and approved fire apparatus access roads. ' Exception: Proiects having a gross building area of up to 124,000 square feet that have a ' single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. 1 15 International Fire Code- 2009 Update Sec. 503.7.3. Remoteness. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length , of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. , L. Fire apparatus access roads - Aerial Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access ' Roads," is amended by adding the following new subsection 503.8: Sec. 503.8. Aerial fire apparatus roads. The fire apparatus access roads that accommodate aerial fire apparatus shall be in accordance with Sections 503 8.1 ' through 503.8.3. Sec. 503.8.1. Where required. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire , apparatus access roads that are capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be ' located within the aerial fire apparatus access roadway. Sec. 503.8.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate , vicinity of any building or portion of building more than 30 feet in height. Sec. 503.8.3 Proximity to building. At least one ' of the required access routes meeting this condition shall be positioned parallel to one entire side of the ' building. The location of the parallel access route shall be approved. M. Fire apparatus access roads - Multi-Family Residential Developments. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new subsection 503.9: 16 International Fire Code— , 2009 Update ' Sec. 503.9. Multi-family residential developments The fire apparatus access roads ' serving multi-family residential developments shall be in accordance with Sections 503.9.1 through 503.9.2. Sec. 503.9.1. Proiects having from 100 through 200 dwelling units. Multi-family residential projects having from 100 through 200 dwelling units shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section I903.3.1.1 or 903.3.1.2. Sec. 503.9.2. Proiects having more than 200 1 dwelling units. Multi-family residential protects having more than 200 dwelling units shall be provided with two separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system. N. Fire apparatus access roads - One- and Two-Family Residential Developments Section 503 of the International Fire Code, entitled "Fire Apiparatus Access Roads," is amended by adding the following new subsection 503.10: Sec. 503.10. One- and Two-family residential developments. The fire apparatus access roads serving one and two -family residential developments shall be in accordance with Sections 503.10.1. Sec. 503.10.1. Proiects having more than 30 dwelling units. Developments of one- or two- family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads and shall meet the requirements of Section 503.7.3. 17 International Fire Code- 2009 Update Excentions• 1. Where there are more than 30 dwelling units ' on a single public or private fire apparatus access road and all dwelling units are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the International Fire Code, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will, within a reasonable time, connect with future development, as determined by the fire code official O. Fire Apparatus Access Roads - Underground Structures. Section 503 of the International Fire Code, entitled, "Fire Apparatus Access Roads," is t amended by adding the following new subsection 503.11: Sec. 503.11. Underground structures. Installation , of underground structures under or within 10 feet of fire apparatus access roads shall be designed using , approved load criteria that shall accommodate the loading of fire department aerial apparatus unless otherwise approved. ' PE. Access to building openings and roofs - Required access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting subsection 504.1 with the following: ' Sec. 504.1. Required access. The following points of access must be provided: ' 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. 18 International Fire Code- 2009 Update ' i bettteFs and nuffibers shall) be pested en the e8ffiderTexterler sideof the .deeF be plainly leg hl.. r —32. An approved access walkway shall be provided 1 to connect fire apparatus access roads to exterior openings. ' 43. All occupancies shall be required to provide approved life safety rescue access„ as .define I seEt'an 902 of this ee d, Exception: 1. Miscellaneous Group U occupancies. 2. Roof access need not be provided to roof levels having slope greater than 4 in 12. I Supplies,n is amended by substitating subseetlen 508.S.7 with the See. 5£8.5.7. :Fast-alat-en reheats. AN fire TTy"OTLf1TC.T7T1'D"fT—IIG .TTJCOTTC fI""rT-}Eeffdan EC with the speeifieatmens established by the F r e de off.e.-nl eF his er her designee, BF at a R9'RjR9Uffl, in a668FdaRee with the latest MQChn, „RW7 , -er—AWW stan a rzs. In additienr eede r I. fire hydrant piping, valvesr and Felated I 19 International Fire Code- 2009 Update 3. rci,--uu..,,,u, T gate vo,vc. I he stalled t the iiu iii Iii,i. �c�.. t p%iit the. h and pla nt of i tee o w ' the „yui uiitrv,u ivut deg Fees, to be to finished grade the be«Im flange 2 'nehes—abeve the—gr-eund eF EU b grade and vri iii%„ hcs en heth .-.det .,d the at n t t be ne f. FtheF than 10 feet-. hydFant leads ever 50 feet in length fmm the wate aFeas shall be supplied by Fget less than 6 iFieh mains 7. All hydrants installed in single fam"y Fesidentmal 8. All hydrants shall have at least 5 weh n9immum o rr additie f 11 h...d.m h m.-. 1A ats shall et A WA star d-.Fds fe the Cit., by the r ty's .. hl .- .)rl(s d.-.paFtm ,mot 9. A" pipe shall meet the City standaFds as by the pFepeFty ewigeF shall meet the requiremeRts 20 International Fire Code- 2009 Update , IaberateFy. !I. The n9aximuffi distance between by dFant, f, evmmcre+al, nd u s t n a', a Rdapa rtrrren*tea; 4 .- lex) a Inn feet dt��e-�er�es-s�i shall � . ..F by dFants shall be a dleate d Q 13 The appropriate water „ther.t., and the F r ElepaFtFnei9t shall be netifeed in WF'tlng Of ae;iErpated date fnstallatieFiand its attendant dvvt2r— system will be avai avrc feF use. 0. Fire protection water supplies - Physical protection. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting subsection 507.5.6 as follows: Sec. 507.5.6. Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts shall be designed and installed in accordance with the Kent Design and Construction Standards. R. Fire protection water supplies - Fire Hydrant. Section 507 of the 1 International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 507.5.7 as follows: Sec. 507.5.7. Fire hydrant. Fire hydrants shall be designed and installed in accordance with the Kent Design and Construction Standards. S. Fire protection water supplies - Backflow prevention. Section 507 of the International Fire Code, entitled 'Fire Protection Water Supplies," is amended by adding a new subsection 507.5.8 as follows: ' 21 International Fire Code- 2009 Update Sec. 507.5.8. Backflow prevention. All pnvate fire systems shall be isolated by an approved method in accordance with the local water purveyor. , T. Fire protection water supplies - Capacity for residential areas. Section 507 of the International Fire Code, entitled "Fire Protection Water t Supplies," is amended by adding a new subsection 507.6 as follows: Sec. 507.6. Capacity for residential areas. All hydrants installed in single family residential areas shall be capable of delivering 1,500 gpm fire-flow over ' and above average maximum demands at the farthest oomt of the installation U. Fire protection water supplies - Spacing. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 507.7 as follows: Sec. 507.7. Spacing. The spacing of hydrants shall be in accordance with Sections 507.7.1 through 507.7.5 Sec. 507.7.1. Single family. The maximum fire ' hydrant spacing serving single family residential areas shall be 600 feet as measured along the fire apparatus access road. , Sec. 507.7.2. Commercial, industrial and multi-family. The maximum fire hydrant spacing serving commercial, industrial, multi-family or other areas shall be 300 feet as measured along the fire apparatus access road. Sec. 507.7.3. Medians. Where streets are provided with median dividers which cannot be , crossed by firefighters pulling hose lines, hydrants shall be provided on each side of the street and be arranged on an alternating basis, providing, on ' each side of the street, no more than the maximum spacing_ Sec. 507.7.4. Arterials. Where arterial streets t are provided with four or more traffic lanes hydrants shall be provided on each side of the 22 International Fire Code- 2009 Update 1 street and be arranged on an alternating basis, providing on each side of the street no more than ' the maximum spacing Sec. 507.7.5. Transportation. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at a spacing not to exceed 1,000 feet to vrovide for transportation hazards. V. Fire protection water supplies - Required hydrants Section 507 of the International Fire Code entitled "Fire Protection Water Supplies," is amended by adding a new subsection 507.8 as follows: Sec. 507.8. Required hydrants. The number of hydrants required for a building shall be based on the calculated fire-flow The first hydrant will be calculated for up to 1,500 qpm An additional hydrant will be required for every additional 1,000 qpm, or fraction thereof. The required hydrants shall be within 600 feet of the building as measured along the fire apparatus access roads serving the building. WG. Fire protection water supplies - Notification. Section 508-507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection I398507.6-9 as follows: Sec. &"507.69. _Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications: Sec. 6"507.69.1. In-service notification. The fire code official shall be notified when any newly installed hydrant or main is placed into ' service. Sec. 5"507.69.2. Out-of-service I notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and 23 International Fire Code- 2009 Update shall be appropriately marked as out of service, by a method approved by the fire code official. H. R e pr-eteetien water-sHpp its Dead end n9ainsprei'iibited. Seetien , 508 e the interig Qtl 6 RdiI Fire E6ae, entitled "Fire PrOtectl 6-R�W Water Supplies,// . X1. Fire protection water supplies - Building permit requirements. , Section 508 507 of the International Fire Code, entitled 'Fire Protection Water Supplies," is amended by adding a new subsection 51,98507.8-10 as follows: Sec. 508507.108. Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No construction beyond the foundation shall be allowed until all hydrants and mains required by this section are in place and approved. . Equipment," is aFriended--bsubstituting subS2Etleig S104 with the ' sha" he identified fee the Lise of the f Fe .de pa Ftn9eF1F 24 International Fire Code- 2009 Update 3. ^pffvPed signs to identify Fore materials, visible. peffigaigently jSec. 13.01.060. Amendments to the International Fire Code Chapter 6, Building Services and Systems. The following local amendments to Chapter 6 of the International Fire Code, entitled "Building Services and Systems," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: i A. Commercial Kitchen Hoods - Where reoutred. Section 609 of the International Fire Code, entitled "Commercial Kitchen Hoods," is amended by adding_the following subsections to section 609 2• ' Sec. 609.2.1. Permit Required. Permits shall be required as set forth in Section 105.6. Sec. 609.2.2. Approved drawing. The stamped and approved cook line drawing shall be displayed adiacent to the suppression system pull station prior to the final inspection. The approved drawing shall be maintained and available for inspection. Sec. 13.01.070. Amendments to the International Fire Code - Chapter 7, Fire-Resistance-Rated Construction. The following local amendments to Chapter 7 of the International Fire Code, entitled "Fire- Resistance-Rated Construction," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: 25 International Fire Code- 2009 Update A. Fire-Resistance-Rated Construction - Testing. Section 703 of the International Fire Code, entitled "Fire-Resistance-Rated Construction," is ' amended by substituting 703.4 with the following_ Sec. 703.4. Testing. Horizontal, vertical sliding and , rolling fire doors shall be inspected and tested annually to confirm proper operation and full closure. A written record shall be maintained on the premises for three years and copies shall be delivered to the fire code official within 14 calendar days of the inspection or test. Sec. 13.01.8-760$0. Amendments to the International Fire Code - Chapter 9, Fire Protection Systems. The following local amendments to Chapter 9 of the International Fire Code, entitled "Fire Protection Systems," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: as if fully set feFth theFelig. A. Fire protection systems - Scope and application. Section 901 of the , International Fire Code, entitled "General," is amended by supplementmg substituting subsection 901.1 with the following: Sec. 901.1. Scope and application. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other city ordinances, resolutions, or regulations In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. B. s��teffis Standards. Seetien 904 of the r entitled ris amended by sUppleffient'igg h,-eetleig 90 G 1 Rd Tab'e 90 C i with the fellewip 26 International Fire Code- 2009 Update Sec..-901.6 -i ds. ...I fl.,. nl-.f.....a1 G.- f1.-../-.,.,a-...., A.,se.,.-,fi..., /^nl Cl]AC�1 standaFdS listed &R Table 90 c 1 h.-.'ew. Table c.�'�b l. 11 90 .6.i FIRE PROTEG.1 ON 63iFTEM M A INTC1C'fRTNGC STANDARDS SYSTEM STANDARD NIFPA 1 2 S=l'a'1"1'PA Clean agent f'Fe extinguishing systengs NI Cflm'l'T LVOT N C�17 Cm..F....ne y peweF systems NFPA 110 O. N FPA 1 1 i N INCTYr A 72 7 NINC1TI'RA 80 Feam fire ext'Rgu'shing systems- rS NFPA 1 1 1'Y'I--1--/T AI C fITYTITT 1 2 AT N INCl'YT PA 10 NIFT 92A PA TYiT �CI'T ' N IN CTY'ITTG7 7SO NChA TVTI-T' ]�II 1 NFPA 1A 17rA EB. Fire protection systems - Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the Ifollowing thFee definition to subsection 902.1s: 27 International Fire Code- 2009 Update t PROBLEMATIC FIRE PROTECTION SYSTEM. A fire protection system that generates repeated prrevCenrtarblle� � malfunctions. Fesi.-1. -.1 FIRE WALL. An appFeved wall ef net less thaig 4 hea beyeRd the inteFseeting exteHeF wall, whiehever fuFthest. As an alteFnative e T'folTcvrrcO'r 1 wall. 1 L'IFE SAFETY R'FSGOC TG GECS. OlnebstF CEtee-QECCjTto C. Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting 901.6.2 with the following: Sec. 901.6.2. Records. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for three years and copies shall be delivered to the fire code official within 14 calendar days of each test, inspection, or maintenance of the system. 28 International Fire Code- 2009 Update D. Automatic sprinkler systems - General. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting 903.1 with the following: Sec. 903.1. General. Automatic sprinkler systems shall comply with this section and shall be considered a fire alarm system. ' E. Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by supplementing subsection 903.2 with the following: Sec. 903.2. Where required. Approved automatic fire sprinkler systems shall be installed as follows: 1. In all buildings without adequate fire flow:--as requ'Fed by this eede. Exception: Miscellaneous Group U Occupancies. 2. All new buildings and structures regulated by the International Building Code requiring 2,000 gallons per minute or more fire flow, or with a gross floor area of 10,000 or more square feet (929 mz), or where this code provides a more restrictive floor/fire area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire a+aFffiSmoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by a wall with a fire sistanee -at:igg of not less than 1 hour fire barriers I constructed in accordance with Section 707 of the International Building Code or not less than 2 hours horizontal assemblies constructed in accordance with Section 712 of the International Building Code, or both. I 29 International Fire Code- 2009 Update 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinklered building, then automatic sprinkler protection will be required throughout the entire building. 4. When the required fire apparatus access roadway grade is 12 percent or greater. F. nuteffiatie 'pnriHTcier- systeffis GreEip A-3.Sectlen 903-v the 1nterfrat'enal F'Fe Cede,ent'ded- Aute+r+atle SpFinklerystems," is Sec.. 903.2.1.3. An athematic sp r'r I.I, system shall the fellew'i9g eanditiens exists: Fn eFe !eve' ef exit d'sehaFge. FS. Automatic spnnkler systems - Speculative use warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new subsection 903.2.89.3: Sec. 903.2.89.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed to protect not less than and installed in ,._a.,ne- the#e l lew i ng:- 1.The design aFea- hallbe-net-less thaw-5,689 j 4). 30 International Fire Code- 2009 Update 1 2 The density shall be net less than that fete Cc-lass IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 M feet in height. H. - AuteRgatte sprin -er systefgs-- Alarms. eetien 903 of tK2 n,ter-eet+enal Rice Cedes entided"Autematle SPr+19l(1er Systems," is activated by-wateF flew lew equivalent tethe flew ef -a ate..... Th. ateF Fneter geng shall b PFeV1ded at each Ete acteFEeF of the building RanaPPFE)v.ill leEatien t each iT�s�c�T�r—i- .�r " '�, the c rr,ccrcvrry flew, G. Automatic sprinkler systems - Check valve. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding a new subsection 903.3.8 as follows: Sec. 903.3.8. Check valve. All automatic sprinkler system risers shall be equipped with a check valve. Exception: NFPA 13 D sprinkler systems. 1 H. Automatic sprinkler systems - Existing buildings. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.6 with the following: Sec. 903.6. Existing Buildincis. An approved automatic sprinkler system shall be installed in existing buildings and structures where required in Section 4603. 31 International Fire Code- 2009 Update inteF at+enal FiFe—Cede, enteded "Auterrlat+e—SpnnkIeFSystems,„ is See. 903.6.1. „rterattens and -add+tre„- . - The of use when-styeh ddit'en er subster,�l alterat+an ` pliAs the existing press fleer aFea equals 0tee that sts 50 peFeentmE)Fe of the euFrent assessed the gFess fleeF area. VLL eellEflese nitrate (PyFeXY''R) plastie shall be equipped with an appFeved ai:itewatle fir _ xting sh n stem. �) I eveF the aFea of the .It 3I. Automatic sprinkler systems - Riser room access. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding a new subsection 903.7 as follows: j Sec. 903.7. Riser room access. All risers shall be located in a dedicated room with an exterior door, and with lighting and heat for the room. K1. Fire alarm and detection systems - General. Section 907 of the ' International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by 5ubstitutin4 subsection 907.1.3 with the following: Sec. 907.1.43. Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have 32 International Fire Code- 2009 Update its own address and shall annunciate individual addrenssles at a UL Central Station. eeeupane'es exeeedrng 7,900-sElwar aFea shall bereed to F8V'de—an waved to at fir Eleteetten system. Fir walls as eted_in the into ffl .t'..nal Q illd'ng Ge de shill net be d.,.-.,d iva.��.0 r - - - ens- 1. delete heat deteeteFs Fr..m the stem_ 1 K. Fire alarm and detection systems - Where required - new buddincgs and structures. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907.2 with the following: Sec. 907.2. Where reauired - new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures 7,000 square feet and greater or in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.6, unless other requirements are provided by another section of this code. Exception: Miscellaneous Group U buildings and structures. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire 1 alarm signal for fire alarm systems employing automatic fire detectors or water-flow detection devices. Where other sections of this code allow 33 International Fire Code- 2009 Update elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the fire code official to provide a means for fire watch personnel to initiate an alarm during a sprinkler impairment event. Where provided, the manual fire alarm box shall not be located in an area that is accessible to the public. . Sccnvrr9vTet—the rn rrt efi'larl B rl al rrre Cede, crFrirrE'drire Ac'aF F9 and Deteetlen i the fellewFftg: Sec. 907.4 0.i. Bible--a{an�ns. Vis+b+e—afar Exeeptl o n5 34 International Fire Code- 2009 Update ? \h,-,h e -.I-.:.m etifleat,.. ..I,-.Fiees shall et be Freee907.10.1.4. /]..h N. e rk i areas, hl I ..,d r.l�.r eme., .�. rl. a-rep sh-+I11 be r, ,,.de d with sable et,f,.,-.t,..r, a p1ma es. d Il 1 sleepligg units in aEEeFElaneewith Table 907.10.1.1 shall l vim-pFe-vided with a v'sibl iA Fe . Sleeping aecommedatmems sveeping units Marms ' M 2'6 te-59 4 517TTe 75 76 to 198 9 101 nno 44 201 te-300 34 39i�cT>-te 4O0 AA 0 1 501 te Q0 5% of the teta I I I 000 35 International Fire Code- 2009 Update aiaFR9 system, all dwelling units and sleeping units shall be pFevided. -14L. Fire alarm and detection systems - Duct smoke detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection i Systems," is amended to repeal E_,eept,efi '- by substitutinci the following in subsection 907.4-24 l.. The amended subseetmen 907.12 41 Feads as , €eflevas= Sec. 907.#24_1. Duct smoke detectors. Duct i smoke detectors shall be connected to the building's fire alarm control panel unit when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible trouble signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a duct smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. GM. Fire alarm and detection systems - Lee-kedLatched alarms. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.E 10 as follows: Sec. 907.-2#10. Leeked-Latched alarms. All signals shall be automatically "leeked--unlatched" at the fire alarm control unites until their operated devices are returned to normal condition, and the alarm pai-i-e control unit is manually reset. 1 36 International Fire Code- 2009 Update PN. Fire alarm and detection systems - Resetting. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.2-2-11 as follows: Sec. 907.-2-211. Resetting. All fire alarm control units panelsshall be reset only by an appFevedaapproved person. Sec. 907.2-211.1. Reset code. The reset code for the fire alarm control uniti3anel or keypad shall be 3-7-1-2-3-4. The reset code shall not be changed without approval of thermal fire code official. QO. Fire alarm and detection systems - Fire alarm control panel unit location. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.23 12 as follows: Sec 907.- 312. Fire alarm control -unit location. All fire alarm control units shall be located in the riser room designed and installed in ' accordance with Section 903.7. or an approved location. P. Smoke Control Systems- Written Record. Section 909 of the International Fire Code, entitled "Smoke Control Systems," is amended by substituting 909.20.2 with the following: Sec. 909.20.2. Written record. The records shall include the date of the maintenance, identification of the servicing personnel and notification of any unsatisfactory condition and the corrective action taken, including parts replacement. The written record ' of smoke control system testing and maintenance shall be maintained on the premises for three years and copies shall be delivered to the fire code official within 14 calendar days of each test or maintenance of the system. O. Fire Protection Systems - Slans. Section 912 of the International Fire Code, entitled "Fire Deoartment Connections," is amended by substituting 912.4 with the following_ 37 International Fire Code- 2009 Update 1 Sec. 912.4. Signs. Fire department connections shall be clearlv identified in an approved manner to prevent obstruction by parking and other obstructions. All fire department connections shall have an approved sign attached below the Siamese clapper The sign shall_ specify the type of water-based fire protection system, the structure, and the building areas served. See. 13.01.080. Amendments to the inte tiena' Fmre Ge e Chapter 14, Hre Safety During ConstrucNen and Demolition. The fellewingleeal ameedrgentte Chapter-14 e€ the internatlem ;Fe Cede, acFepted--and lneeFPeFated-inte the inteffiatlenal Fire Cede as if fully se� j fert6.TII h t TGeTFLel n. A.Water supply fer-Pf;e pr-etee6efi Aq4 e , reg-utred.Seet+ep 1412 e€ the intemat+enaa FireCede, entitled"Water "FE)teet+e,"Fs I Sec. 13.01.090. Amendments to the International Fire Code - Chapter 46, Construction Requirements for Existing Buildings. The following local amendments to Chapter 46 of the International Fire Code, entitled "Construction Requirements for Existing Buildings," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: A. Fire Safety Requirements for Existing Buildings - Additions and Alterations. Section 4603 of the International Fire Code, entitled "Fire Safety Requirements for Existing Buildings," is amended by adding a new subsection 4603 4.4 as follows: 38 International Fire Code- 2009 Update Sec. 4603.4.4. Alterations and additions. The provisions of this chapter shall apply to additions and substantial alterations to existing buildings regardless of use when such addition plus the existing floor area equals 10,000 or greater square feet or substantial alteration occurs in a structure equaling 10,000 or greater square feet. For purposes of this section, a substantial alteration shall be defined as an alteration that costs 50 percent or more of the current assessed value of the structure and impacts more than 50% of the gross floor area. B. Fire Safety Requirements for Existinq Buildings - Fire Alarm Control Unit Replacement. Section 4603 of the International Fire Code, entitled "Fire Safety Requirements for Existing Buildings," is amended by adding a new subsection 4603.7.4 as follows: Sec. 4603.7.4. Fire alarm control unit replacement. If an existing fire alarm control unit is replaced with identical equipment it shall be considered maintenance. ISec. 13.01.100. Amendments to the International Fire Code - Chapter 47, Reference Standards. The following local amendments to Chapter 47 of the International Fire Code, entitled "Reference Standards," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: A. Reference Standards - NFPA. Section NFPA of the International Fire Code, entitled "Reference Standards," is amended by modifying the Standard reference number dates of publication as follows. 13-10 Installation of Spnnkler Systems 13D-10 Installation of Sprinkler Systems m One- and Two-family Dwellings and Manufactured Homes 13R-10 Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height 39 International Fire Code- 2009 Update 20-10 Installation of Stationary Pumps for Fire Protection 24-10 Installation of Private Fire Service Mains and Their Appurtenances 110-10 Emergency and Standby Power Systems 111-10 Stored Electrical Energy Emergencv and Standby Power Systems Sec. 13.01.090110. Amendments to the International Fire Code - Appendix B, Fire-Flow Requirements for Buildings. The following local amendments to Appendix B to the International Fire Code, entitled "Fire-Flow Requirements for Buildings," including all amendments enacted by the State of Washington are hereby adopted and incorporated into the International Fire Code as follows: . A. Fire-flow requirements for buildings - Accessory Group U buildings. Section B105 of the International Fire Code, entitled "Fire-Flow Requirements for Buildings," is amended by adding a new subsection B105.1.1:See. -B105.1.1. Accessory Group U buildings. Section B105.2 will not apply to accessory Ggroup U buildings if all of the following conditions apply: 1. The residence and accessory Ggroup U building aggregate gross floor area does not exceed 3,600 square feet. 2. The residence meets the fire--flow requirements , of section B105.1. 3. The residence and accessory Ggroup U building meet the requirements of sections 503.1.1 and 508.1.1. 4. The location of the accessory Ggroup U building , is at least 10' from any building and at least 5' from the property line. See. 13.01.095. Ames drnents to the international Fare cove 40 International Fire Code- 2009 Update leek' amendments te-Appendi'x r- to the inn _igatl, nal Fl_ Ged r entitled n n aFe hereby adepted and � A. Nuffiber- a„ d+s .. Fi ef . Seet� G1AS of—the inn at al C• �Re—entitled "Di.-fr•JLTTIIHtlen of Cv LydF nts,_i's TABLE G9605A NUMBER AND DISTRIBUTION AC C*AC IRFO ANTS MAXEMUM DISTANCE GTE:: MiNimum AVERAGE SPACING FROM ANY POINT ON REQUIREMENT NUMBER eF BETWEEN STREET OR ROAD S :FJ-,— j u FRONTAGE 1,759 ess 219^IIe2,25G TJV ZTJ 2fs0o 3 450 2-275 3,090 3 4GO 245 4 338 24-G 4, 3 398 4-88 rSBg 399 4-8-9 �963 b 2_59 4-5$ 2_59 4-58 - 3 785 61mr. a. Redaee by 199 feet f8F dead d Frc t_S�rc e t crn-r� ri s 8i =vvQ.r. fire fighterS PH II•HAg hese lines, OF where m=teFial street-aTe-PFevided t"-vsrrrtieuF e 41 International Fire Code- 2009 Update FReFe tFaffse lanes and have a traffle ceunt of mere than 39,000 veh'eles peF , hydFaRt spae'Rg shall average 500 feet en eaEh side E)f the stFeet and be aFraRged on an -.Ile fflat' basis p to a f'Fe flew Fequirement ..F 7,900 ..alk)HS ..fie 1 . �See.T71Tr4viT Amendments CV R7e international I"�TC-GVl7C a„Te n dnge rr1=S >=B-Appendix-B-te-the internat1 Bn al Fire Cade, entitled "Flre intematlenal Fare Cede as if fully set feFth theFem. TT—Reed ac:eess AEEess and leading. Seetien 9102 of the !Rtematlenal FiFe Gem eF M ed "Reamed-,4eeess," 's a ng en d ed by substituting ubseet a D102.1 with the fell .,........ . , eenstFuEted-sha"--be-aeeessib'e-te f'F aEEesS Fead with Iasphalt, eeneFete eF ..thee a ..r,,yed d ter\ Ffaee a able of s .Ring the i ed lead 91 03 f the T F tle I FIFe .dam t tled 1�A V1iTfCe�IT�ITo'rT-Ir�G�Lf�GTfRRCC1 "I"'Ifnfn9UFTTSpeEFflEa tlens,'-F9 amended by bst t ting h. eet an 9103.1 1 with the fell.,,.,....,. See. 9103.1. Aeeess read wedth with a hydrant. WheFe-a 'Fe hydFant—is IeEated en ,a fmFe appaFatHs aeeeSS- Fead, the MIRIMHR9 ;ead width shall be 26 fee 42 International Fire Code- 2009 Update 503.3. turnareuRd Fqgure P403 4. F+cgaFe D193.1, entitled "^^,d End Fire 1 to the i.,F.,.nat . -,I Rre Cede is heFeby repealed. Seems 103.2. —Grade. See. 91:03.3. Turning radius. The fiFe appaFatus ' j edge,IaFie ds Seczt...r. hill? ..F Fh i.-.f...-nat'. na' F'Fe de F. aEEEsS=r-vvv��cccrvn--vrv��rn E6ci�2,�rcrded required. TSB■ C l 193.A REQUIREMENTS FOR DEAD END FIRE APPARATUS AGGESS ROADS iW1B:F TURNAROUNDS REQUIRED 43 International Fire Code- 2009 Update t 0 139 wed 1 i5i 589 2$ 149 feet HaFnFeFhead, 69 feet .v. e F 90 feet a m ricteF-cm- de Sa-e 50i 759 26 149 feet Hammerhead, 69 fset OF 90 feet a _Fnet,._ EHI de sae I 9ver�58 1 feet (8535 rnrn) on height above the lewe9t level 1 portions of buildings or Facilities exteeeding-48 of fire department aeeess shall be previded with approved Fire apparatus aecess reads that are See. 911:05.1. Wh required. Buildings or shall have a miniRgum LlRebStFHeted width ef 26 feet side ef the build ng. The parallel aeeess Feute shall be en an appFeved side ef the bHilding. Sec. 13.01.44-0120. Fire codes — Fees. The city council shall, by resolution, establish the fees to be assessed €e-Fto implement and enforce the fire codes adopted in this title. Sec. 13.01.4-20130. Appeals. A. Appeals to the hearing examiner. 1. Jurisdiction. In order to hear and decide appeals of orders, determinations, or decisions made by the fire code official relative to the 44 International Fire Code- 2009 Update suitability of alternate materials, designs, and methods of construction, and to provide for reasonable application and interpretation of the provisions of the International Fire Code, the city of Kent hearings examiner is hereby designated as the board of appeals created pursuant to Section 108 of the International Fire Code adopted in KCC 13.01.030 for all matters concerning the application of the fire codes. The city hearings examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the city hearings examiner be empowered to waive requirements of these codes. 2. Filing. Appeals shall be filed with the hearings examiner by 5:00 p.m. of the fourteenth calendar day following the date of the order, determination, or decision being appealed. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The appeal shall be accompanied by payment of the filing fee. Specific objections to the fire code official's decision and the relief sought shall be stated in the written appeal. 3. Standing. Standing to bring an appeal under this chapter is limited to the following persons: a. The applicant and the owner of property to which the permit decision is directed. b. Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: 1. The order, determination, or decision has prejudiced or is likely to prejudice that person; 45 International Fire Code- 2009 Update ii. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and M. The appellant has exhausted his or her administrative remedies to the extent required by law. B. Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Ch. 2.32 KCC. The decision of the hearings examiner shall be final and conclusive unless within twenty-one (21) calendar days , of the hearings examiner's decision an appeal is filed with the superior court. When the last day of the appeal period so computed is a Saturday, ' Sunday, or federal or city holiday, the period shall run until the next business day. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 46 International Fire Code- 2009 Update SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. However, code amendments provided for in this ordinance shall not take effect and be applied until July 1, 2010. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. APPROVED: day of , 2010. PUBLISHED: day of , 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Civil\Ordman ce\Fi reCode2009-Ado p[U pda[e doc 47 International Fire Code- 2009 Update KENT ✓J.$N 1NGTON ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES May 10, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Chair Perry called the meeting to order at 5.00 p.m. 1. APPROVAL OF MINUTES Ranniger MOVED and Perry SECONDED to approve the April 12, 2010 Minutes. Motion PASSED 3-0. Passed with pending concurrence 2. Deferral of Development Fees-Hearing Mayor Cooke addressed the Committee regarding the issue of deferring fees as in the context of the current economy and its impacts on development As a result of the depression in the housing market, the cost of improvements required with new homes and the cost of money for developers, the idea of deferring costs is a trend that is happening all across the county and in King County. Deferring part of the fees the developer pays up front until the residence is purchased, allows money to be leveraged to pay for the City's fees. This came clear as a path we wanted to offer to help our housing base, residents and our economic status. Matt Gilbert presented to the Committee and summarized an ordinance to implement fee deferrals as discussed at the April 12 meeting Mr. Gilbert noted that we are addressing development mitigation fees collected at the time a single family building permit is issued. Fee deferrals are limited to new single family homes intended for sale. The fees which are available for deferral are development mitigation payments, which do not impact the City's general fund. These payments include drainage system development charges, water system development charges, school impact, and traffic mitigation fees. Under staff's recommendation, these fees would be bundled into a lien, at the owners discreasion could be filed by the City against the property, to be paid at the time the home is sold. This lien will come up in the escrow process and will need to be paid through the closing of the sale. Water permits will also be part of this and are a separate fee, these are also required to be bundled in with deferred building permit fees if the lien option is exercised The disclosure issue that came up at the April 121h meeting is covered under the State of Washington and other encumbrances on property and under the ordinance, the City will require this notice process be used as well, so no one is surprised. Mr. Gilbert noted that when the lien is released there is a recording fee which is not included in the $140 fee called out in the motion To account for the additional County recording cost, this fee amount should be stated in the motion as $202. Additionally the lien administration fee will need to be added to the City's fee schedule. Councilmember Albertson questioned how we ensure that the lien is not paid by the purchaser She clarified that the ordinance does not require the builder/seller to pay off the lien at time of escrow. Councl Chair Perry stated it is in Section 4 and the seller is responsible. Is the lien with the builder or on the property? It is on the property, responded Gilbert That is what makes me uncomfortable stated Councilmember Albertson. Councilmember Albertson states, anything that is a hold on the title is on the table and that is my issue with the way this is written. Council Chair Perry asked why the water fee is included. Gilbert responded, there are 2 charges to be paid when a water permit is issued, tap charge and system development fee The tap fee is being paid the same as today. System development fee goes into the water fund to pay for larger projects and is just different name for impact fee Councilmember Albertson asked Kim Adam-Pratt from the City Law Department, who is responsible to pay. It doesn't say the seller must pay it Just says it is required to be paid Pratt responded we can specify who has to pay it, at this time we are Just requiring it to be paid. It will come up as a lien on the title and it has to be cleared before the deed is exchanged, this will be addressed during the escrow process. The buyer will be able to see it on their escrow statement. , Councilmember Ranniger MOVED and Councilmember Atbertson SECONDED to open the Public Hearing. Motion PASSED 3-0. Council Chair Perry opened the Public Hearing. Fred High Assistant Superintendent Kent School District, 12033 SE 256th, Kent, WA. Would like to Join the Federal Way School District, who sent by email a letter to Join Kent School District in asking the school impact fees be except from this ordinance Garret Huffman Master Builders Association King and Snohomish Counties Stated for the record he is in full support of the ordinance Several of the neighboring cities, such as Federal Way, Covington, Burien and Renton are all moving forward with this issue. Gerald E. Schneider Schneider Homes, 6510 S. Center Blvd. Has a big development that will be happening in the Kent city limits and the impact fee will be devastating to pay up front The thing about impact is there is no impact till the home is occupied The average time for construction and buyers to move in are 10-12 months. The impact fees would be a real burden on Schneider Homes. I came in to say to defer the impact fees till the closing. Paul Lymberis Sr Development Manager Quadrant Homes PO Box 130, Bellevue, WA. Would like to echo everything the last two gentlemen said We would like to get into the Kent market area. By deferring the payment to a later time always helps the bottom line. Hans Korve 726 Auburn Way N., Auburn, WA. With all due respect to the school district and their concerns, a child doesn't show up when the building permit is issued or picked up it is when they move into the district When a building permit is picked up, it also doesn't show up as what type of student it is, elementary, Jr. or High School student. Councilmember Perry asked of Fred High, how do you build a school? Only with a demonstrated need in the area, stated Fred High, Assistant Superintendent, Kent School District We can't sell bonds without raising tax rates on the residents of the City of Kent. Impact fees will become the reliable sources to house or take care of the temporary impact from new growth. Councilmember Ranniger asked Matt Gilbert is it correct we pay the impact fees on quarterly bases, not monthly? Yes, I checked with Finance and that is our procedure Could we consider adjusting how frequently the City pays out the fees to solve the short fall Councilmember Ranniger asked? We could raise that question with Finance, Gilbert responded. Gilbert wanted to make sure staff understands the administration fee of $202 and ask that Council comes back at a later date to make sure the fee is covering all costs Council Chair Perry agreed Councilmember Albertson wanted to know what happens when builders go bankrupt, where does that leave the city in respect to the lien? Kim Adams-Pratt from legal stated we will ECDC Minutes ' May 10, 2010 Page 2 of 4 want to make sure we are in first position, and if a foreclosure happens our lien will not be wiped out. Council Chair Perry asked is it feasible to pay the school district monthly? Yes was stated by Bob Nachlinger Finance Director Albertson MOVED and Ranniger SECONDED a Motion to close the public hearing and add to the next Council meeting as Other Business. Motion PASSED 2-1. Councilmember Ranniger moved to Approve amendments to Kent City Code title seven and title twelve, related to timing of development mitigation fee collection as recommended by staff. Additionally, direct staff to prepare and update of Kent City Council Resolution 1740 to include a $202 payable prior to recordation of each fee deferral lien. Council Chair Perry 2nd. Passed 2-1, goes to other business. 3. Adoption and Amendment of 2009 Building and Fire Codes Bob Hutchinson, City Building Official stated this updated occurs every 3 years. The purpose before committee is the 2009 addition on the State Building Code The State Building Code Council has adopted and will be in effect state wide on July 1st. This ordinance does not contain provisions that allow fire sprinklers in residential homes. Fire Marshall, Jon Napier touched on wanting to add all of the appendices into the body of I the code to make it easier for people to find and read Along with asking for ability to make changes to fire alarm and sprinkler systems so they don't send false alarms. It's noted a clarification of the budget change which is being corrected to reflect $15,000 of revenue due to 3 new permit types; we will be adding commercial kitchens, emergency stand-by power supply, which is due to existing fire hazards in commercial kitchens. Unique to Kent is the hazard of idle pallet storage. Staff will be requiring a setback of a minimum of 10 feet with a possible maximum of 20 feet. Councilmember Albertson moved to recommend Council enact ordinances adopting the 2009 editions of the International Building, Residential, Mechanical and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes as depicted in Exhibits A and B, Councilmember Ranniger 2"d, Motion passed 3-0 4. Panther Lake Annexation Interlocal Agreement with King County Planning Director Fred Satterstrom stated this item is not ready to bring to the committee at this time Staff will bring back to committee next month if sufficient progress has been made with King County. S. Panther Lake Annexation Special Census Calm River Consultant Services Agreement Planning Director Fred Satterstrom explained that the city has to do a census of the population with in the first 30 days following the effective date of the Panther Lake Annexation This is a large population of approximately 24,000 to 25,000 people and the state has allowed us to start 2 weeks early Staff interviewed two companies and Calm River was chosen They have done annexation population census for Auburn and Burien. The agreement is for $122,000 with a Contingency for every unit over 8250 it is $12.50 per unit. Sufficient monies are already in the Council approved annexation budget. Councilmember Ranniger moved to authorize the Mayor to sign a contract with Calm River, not to exceed $122,217, to provide census services to the City of Kent for the Panther Lake Annexation area special census as required by the State of ECDC Mmutes May 10, 2010 Page 3 of 4 Washington Office of Financial Management. Councilmember Albertson 2nd, Motion passed 3-0 6. Economic Development Report — Information Only No Report was given Adiournment Council Chair Perry Adjourned the Meeting at 6.20 p.m. Julie Pulliam Economic & Community Development Committee Secretary P\Planning\ECOC\2010\Minutes\OS-30.10_Min doc ECDC Minutes May 10, 2010 Page 4 of 4 Kent City Council Meeting Date Mav 18. 2010 1� Category Consent Calendar - 6U 1. SUBJECT: SAFE HAVENS CITY OF SEATTLE GRANT AWARD CONTRACT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the City of Seattle Domestic Violence Grant in the amount of $30,000 to fund Safe Havens services, accept the funds, amend the budget, and approve the expenditure of funds in the Safe Havens' budget. The City of Seattle grant funds will be used to provide services to low income families at the Safe Havens Visitation and Exchange Center. Funds will be used for personnel costs. 3. EXHIBITS: City of Seattle Safe Havens Service Contract 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 City of Seattle Michael Patrick McGinn, Mayor Human Services Department Kip Tokuda, Acting Di,ectoi Electronic Contract/Amendment Processing for HSD Agreements Attached is an electronic copy of the contract/amendment between your agency and the City of Seattle Human Services Department for your review and electronic signature Plcase sign on all the vellow tabs Important: AFTER you have Electronically Signed the attached document, please complete the following steps: 1. PRINT the Signature Page (click on "Printable Version" to reach the pdf contract copy) 2 Sign above the Image of your electronic signature 3 FAX ONLY the Signature Page to HSD's Contract Unit at 206-233-5119 OR mail to Contracts Unit Human Services Department 700 5th Avenue, Suite 5800 PO Box 34215 Seattle, AVA 98124-4215 This is an interim record keeping requirement as we phase in the use of Electronic Signatures. Thank you for your assistance Should you have any questions, please contact Sharon Chew, at Sharon Chexv(dseatrle gnv or (206) 615-1719 Enclosures 700 51h Avenue, Suite 5800,PO Box 34215, Seattle, WA 98124-4215 Tel- (206) 386-1001, Fax (206) 233-5119,TTY/TDD (206) 233-2778,x ww cltyofseattle net/humanservlces/ An equal employment opportunity, affirmative action employer Accommodations for people with disabilities provided upon requeu (Kew.ed 9/I ig) DocuSlgn Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 City of Seattle - Human Services Department Contract Number: DA10-1735 Assurance of Compliance with Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of1973 The Agency provides this assurance in consideration of and for the purpose of obtaining federal grants,loans and contracts (except contracts of insurance or guaranty), property,discounts or other federal financial assistance as a contractor to the City The Agency assures that it will comply with 1 Title VI of the Civil Rights Act of 1964, as amended, 42 USC 2000d et seq,which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving federal financial assistance 2 Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794, which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance The Agency agrees that compliance with this Assurance constitutes a condition of continued receipt of federal financial assistance and that it is binding upon the applicant,its successors,transferees and assignees for the period during which such assistance is provided The Agenc% further assures that all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits in connection with programs or activities are not discriminating in violation of the above statutes, regulations,guidelines and standards In the eoent of failure to comply, the Agency understands that the conttact can be terminated and the Agency denied the right to receive further assistance The person or persons whose signature(s) appear(s) below is/are authorized to sign this application and to commit the Agency to the above provisions Agency Name City of Kent Address (Street, City, State & Zip Code) 220 4th Ave S Kent,WA 98032 Signatures Signature Dates i F eltieUmnC.OH nmph.ne Da {Re.ncd 2/14i(tl� ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 City of Seattle Human Services Department 700 51h Avenue, Suite 5800 PO Box 34215 Seattle, Washington 98124-4215 (206) 386-1001 AGENCY SERVICES AGREEMENT PROJECT NAME. Safe Havens Supervised Visitation Center FUND SOURCES: 2010 DV General Fund This Agency Services Agreement ("Agreement") is made between The City of Seattle (hereinafter "City"), acting through its Director of the Human Services Department (hereinafter "Director"), and the City of Kent (hereinafter "Agency"). These terms and conditions of this Agreement shall govern the contractual relationship between the City and the Agency. In consideration of the mutual covenants, promises and consideration set forth in this Agreement, the parties agree as follows: L SERVICES RENDERED Section 100. Term and Scope of Services Throughout the term of this Agreement, which shall begin on May 1, 2010 and terminate on December 31, 2010, the Agency shall provide the City with the scope and range of services directed to the attainment of the goals, milestones and performance commitments described In the exhibits attached hereto Such services shall at all times be provided on a basis satisfactory to the Director, and shall at a minimum be consistent with the goals and objectives set forth In Exhibit A-1 and the minimum performance standards set forth In Exhibit A-2, both of which exhibits are attached hereto and incorporated herein by this reference. iSection 110. Identification of Services In all communications with service recipients and members of the public, the Agency shall identify the services performed by the Agency pursuant to this Agreement; as funded by the City In furtherance of specified City programs and/or activities as appropriate Agency shall also post a notice to this effect In a ` prominent place at each Agency location where such services are provided. AGENCY SERVICES AGREEMENT Line Item Reimburse Tent B ASA LIR rtf DA10-1735 Revised 7/10/06 Page 1 r DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 II. PAYMENT, RECORDS, AUDIT AND PROPERTY Section 200. Budget The City shall compensate the Agency for satisfactorily providing the scope and range of services Identified in Section 100, Exhibit A, to operate the Program on a cost-of-service basis derived from the Consolidated Budget shown on Exhibit B-1, with City reimbursement made for those Agency expenditures as itemized in the Contract Budget, Exhibit B, and subject to a maximum compensation for all services performed of Thirty Thousand Dollars ($30,000.00). Where the Contract Budget includes federal funds, the City's reimbursement of funds derived from the United States will be only for such disbursements and charges that qualify under the United States Office of Management and Budget (OMB), Federal Management Circular A-102 (41 C F.R. 1-15.701 et. seq.), entitled Cost Principles Applicable to Grants and Contracts with State and Local Governments." Section 210. Method of Payment To secure payment for services satisfactorily performed, the Agency shall submit properly executed invoices and such accompanying performance reports and/or work statements as required by the Reporting Requirements. All invoices, performance reports and work statements shall bear the Agency's name and address and the Services Agreement contract number. Invoices must be signed by an authorized representative of the Agency, who shall verify that the invoiced services have been performed. Section 220. Reports and Information The Agency shall timely furnish the City with (a) the reports and other information contemplated by Exhibit A-3, attached hereto and incorporated herein by this reference, and (b) such other reports and information as may be requested by the Director related to this Agreement or the services provided hereunder with Program funds, including statements and data demonstrating the effectiveness of the services provided in achieving the goals and objectives contained in Exhibit A-1. The City may withhold payments otherwise due to the Agency pending timely delivery of all such reports and information. Section 230. Documentation of Costs All costs incurred by the Agency in connection with this Agreement shall be supported by properly executed payrolls, time records, invoices, vouchers, records of service delivery or other official documentation, evidencing in proper detail the nature and reasonableness of such costs and any associated requests for reimbursement by the City when provided for under this Agreement All disbursements by the Agency relating to the services provided under this Agreement shall be sequentially recorded in the Agency's accounting records by date, check or instrument number, amount, vendor description of the items or AGENCY SERVICES AGREEMENT Line Item Reimbur emelt B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 2 ocu5ign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 services procured; and budget Item related to the disbursement. All payroll and financial records pertaining in whole or in part to this Agreement shall be clearly Identified and readily accessible for review by the City. Such records and documents shall be retained for a period of six (6) years after receipt of final payment under this Agreement; provided, that any records and documents that are the subject of audit findings shall be retained for a longer time until such audit findings are resolved. Section 240. Record and Fiscal Control System The Agency shall maintain its financial records and fiscal control systems in a manner that meets the approval of the Director, the City Auditor and the Washington State Auditor; it shall maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment (social security), unemployment compensation, industrial insurance (worker's compensation) and other taxes as may be due; and unless exempt, procure and maintain a City of Seattle Business License. The Agency shall maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes, including when requested by the City, fidelity bonding of personnel with fiscal responsibilities. All funds relating to this Agreement shall be deposited in an account with a commercial bank, and any disbursement shall be made by check or other document drawn on the account. Any distributions of funds to the Agency from a Trust which holds reserves under a self-insurance program for unemployment compensation or worker's compensation, shall be returned to the City within thirty (30) days of such distribution in proportion to the funds derived from the City and paid into the Trust reserve. Section 250. Access to Records; Audits The City, its designated agents and funding entities, shall have access at any time during normal business hours and as often as necessary to any bank account and Agency books, records, documents, accounts, files, reports, and other property and papers of the Agency relating to the services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript. A. The Agency shall submit to the City copies of any audit, accompanying management letter, review or consultant report of funds administered by the Agency that was conducted at the direction of other entities or the Agency's Board of Directors Any such document shall be submitted to the City within thirty (30) days after the Agency receives the report. 1. If the Agency expends City contracted funds totaling $50,000 but less than $300,000 per fiscal year under this Agreement, the Agency shall submit to the City an audit report or a financial statement review by an independent Certified Public Accountant (CPA). This audit or review shall be completed at least every two (2) years, and cover one year at a AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DAID-1735 Rev sed 7/10/06 Page 3 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 minimum. The report shall be submitted to the City within thirty (30) days after the Agency receives the report, but not later than nine (9) months after the close of the fiscal year being reviewed, whichever occurs first (unless otherwise approved by the City). 2. If the Agency expends City contracted funds totaling $300,000 but less than $500,000 of Federal funds from all sources per fiscal year under this Agreement, the Agency shall submit to the City a financial statement audit in accordance with Government Auditing Standards ("Yellow Book" Audit). An A-133 audit would also be acceptable. This audit shall be prepared by an independent CPA in accordance with governmental auditing procedures. The audit will normally cover a one-year period, unless otherwise directed by the City. The audit shall be completed every year and the audit scope at a minimum shall include 50% of funds received from the City (selection determined by the CPA). The audit shall be submitted to the City within thirty (30) days after receipt by the Agency, but not later than nine (9) months after the close of the Agency's fiscal year, whichever occurs first (unless otherwise approved by the City). 3. Agencies with expenditures of $500,000 or more in federal direct or indirect funds from all sources in a fiscal year are required by federal policy to comply with the provisions of the Federal OMB Circular A-128 or A-133, whichever may apply to the Agency. This audit shall be completed every year, in accordance with A-128 or A-133. The audit shall be submitted to the City within thirty (30) days after receipt by the Agency, but not later than nine (9) months after the close of the Agency's fiscal year, whichever occurs first (unless otherwise approved by the City). Additional audit or review requirements may be imposed by funding sources and the Agency will be required to comply with such requirements. Section 260. Notice Affecting Performance The Agency shall notify the Director of any matters that could adversely affect the Agency's ability or eligibility to continue to perform services under this Agreement, and shall do so immediately after the Agency's discovery of the same. Section 270. Title to Property Acquired Any personal property acquired with funds received from the City pursuant to this Agreement which costs Five Thousand Dollars ($5,000) or more per item and which has a useful life of one year or more shall become the property of the City and/or the City's designee (e g the United States) upon the termination of this Agreement. Prior to the termination of this Agreement, the Agency shall use such personal property only for Program purposes, exercise reasonable care for its maintenance, and be responsible for any loss, damage or disappearance. The AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 4 ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Agency shall: (a) mark each such Item of property with City property tags upon acquisition; (b) complete Inventory cards in duplicate for each such acquisition, one for the Agency and one to be forwarded within five (5) days to the City's Human Services Department Fiscal Unit; (c) maintain a ledger entitled "Equipment, Furniture and Fixtures" showing expenditures for equipment and such other inventory records as may be required by the City, and (d) make a physical inventory of property purchased with Program funds conveyed through this Agreement at least once per year, reconciling the results with the property records. Any loss, damage or disappearance of property acquired with funds conveyed through this Agreement shall be reported to the City immediately. Upon the earlier of (1) the expiration or earlier termination of this Agreement or (2) the completion of the project, all such property and all finished or unfinished documents and materials prepared by the Agency with Program funds conveyed through this Agreement shall be considered the property of the City and forwarded to the City at its request. III. MANNER OF PERFORMANCE Section 300. Quality of Performance The Agency shall be solely responsible for the quality and suitability of services provided pursuant to this Agreement. The Director shall determine whether services provided by the Agency pursuant to this Agreement are satisfactory to the City. If during the course of this Agreement, the Director determines services being provided by the Agency are not satisfactory, the Agency shall take such corrective action as the City may require. Failure to promptly take such action shall constitute a material breach of this Agreement and cause for termination in the City's discretion. Section 310. Compliance with Law In performing work and providing services under this Agreement, the Agency shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of Washington; the Charter and Ordinances of The City of Seattle; and the rules, regulations, orders and directories of their respective administrative agencies and the officers thereof. Section 320. Non-Discrimination/Equality of Opportunity The Agency shall comply with the following non-discrimination and equal opportunity provisions mandated by federal and state laws and City ordinance. A. Section 504 of the Rehabilitation Act of 19731 29 USC §794, Executive Order No. 11914 of the President of the United States, and implementing regulations of the Secretary of Health and Human Services, Section 504, provides in part, as follows: "No otherwise qualified handicapped individual in the United AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 5 DocuSign Envelope 0 9450BACF-D5C2-4866-AE51-E7F383C48296 States ... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." B. The Americans with Disabilities Act (ADA) of 1991 prescribes non- discrimination on the basis of disability in state and local government services. As a provider of services under contract with the City, the Agency will comply with the provisions of the ADA and shall provide such reports and information relative to the accessibility of client services as may be requested by the Director. C. City of Seattle Ordinance. The Agency shall not discriminate against any , employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Agency shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, age, color, sex, national origin, marital status, political ideology, ancestry, sexual orientation, gender identity, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following- employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Agency shall post in conspicuous places, available to employees and applicants for employment, notices as provided by the City setting forth the provisions of this non-discrimination clause. D. The Agency shall furnish to the Director of Finance (or his/her designee), upon request and on such form as may be provided therefor, a report of the affirmative action taken by the Agency in implementing the requirements of this section, and will permit access to the Agency's records of employment, employment advertisements, application forms, other pertinent data and records requested by the Director of Finance for the purposes of investigation to determine compliance with the requirements of this section. E. If, upon investigation, the Director of Finance finds probable cause to believe that the Agency has failed to comply with any of the requirements of this section, the Agency and the Director of the Human Services Department shall be so notified in writing. The Director of the Human Services Department shall give the Agency an opportunity to be heard, after ten-calendar days' notice. If the Director of the Human Services Department concurs in the findings of the Director of Finance, he/she may suspend the Agreement and/or withhold any funds due or to become due to the Agency, pending compliance by the Agency with the requirements of this section. AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 6 �DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 F. The City encourages the use of women and minority employees and apprentices on all City contracts and encourages outreach efforts in employment opportunities Outreach efforts may include use of targeted solicitation lists, advertisements in publications directed to underrepresented communities, providing student internships or apprentice opportunities, noting the Agency's Equal Employment Opportunity (EEO) policy in solicitations, emphasizing EEO and outreach policies within the company, and using the services of available minority community and public organizations to perform outreach. G. Upon request by the Department of Finance, the Agency shall submit EEO Reports in the form specified by the City, detailing actual employment data for the Agency and for any and all subcontractor(s) utilized for the Work. H. The Agency by executing this Agreement is affirming that the Agency complies with all applicable federal, state and local non-discrimination laws, particularly the requirements of SMC Ch. 20.44 as incorporated in this Agreement Any violation of the mandatory requirements of the provisions of this section shall be a material breach of Agreement for which the Agency may be subject to damages and sanctions provided for by the Agreement and by applicable law. I. The foregoing provisions of this section shall be inserted in all subcontracts for the work covered by this Agreement. J. Non-DIscnminatlon In Client Services. The Agency and each of its subcontractors shall not on the grounds of race, color, sex, religion, national origin, creed, marital status, age, sexual orientation, political ideology, ancestry, or the presence of any sensory, mental or physical handicap: 1. Illegally deny an otherwise qualified individual any services or other benefits provided under this Agreement. 2. In any contract, in the provision of services or in other activities made possible by this Agreement This prohibition includes the use of any criteria or methods of administration in determining: (i) the types of services or other benefits to be provided; or (ii) the class of individuals to whom, or the situation in which, such services or other benefits will be provided; or (iii) the class of individuals to be afforded an opportunity to participate--any of which may have an effect of subjecting individuals to discrimination on the prohibited grounds or may have the effect of defeating or substantially impairing their opportunities. AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 7 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Section 330. Efforts to Use Women and Minoritv Business Enterprises A. General. The City encourages the use of Women and Minority Business Enterprises ("WMBEs") as subagents; women and minority employees in all City contracts, and encourages outreach efforts to Include women and minorities in employment, contracting and subcontracting opportunities. Outreach efforts may include the use of solicitation lists, advertisements in publications directed to minority communities, breaking down total requirements into smaller tasks or quantities where economically feasible, making other useful schedule or requirements modifications that are likely to assist small or WMBE businesses to compete, targeted recruitment efforts, and using the services of available minority community and public organizations to perform outreach. The Agency shall ensure that all employees, particularly supervisors, are aware of, and adhere to their obligation to maintain a working environment free from discriminatory conduct, including but not limited to harassment and intimidation of minorities, women or WMBE businesses. B. Non-Discr/mination. The Agency shall not create barriers to open and fair opportunities for WMBEs to participate in any City contract and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. C. Record-Keeping. The Agency shall maintain, for at least 12 months after the expiration or earlier termination of this Agreement, relevant records and information necessary to document all Agency solicitations to subconsultants and suppliers, all subconsultant and supplier proposals received, and all subconsultants and suppliers actually utilized under this Agreement. The City shall have the right to inspect and copy such records. D. Sanctions for Violation. Any violation of the mandatory requirements of the provisions of this section (sub-sections B and C) shall be a material breach of contract for which the Consultant may be subject to damages and sanctions provided for by the Agreement and by applicable law. Section 340. Prohibited Interlinkings No person shall, as a condition to receiving services from the Agency funded by the City through this Agreement, be required to pay any fees other than those contemplated and included by specific reference in this Agreement, secure a AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR-tf DA10-1735 Revised 7/10/06 Page 8 DocuSigr Envelope ID 94 50BACF-D5C2-4866-AE51-E7F383C4B296 membership in the Agency or an affiliated organization, be solicited to attend a religious service or subjected to religious Instruction, nor shall any person be subjected to discrimination on account of a failure to make extra payments or to participate in such Agency activities. Section 350. Status of Agency Employees No employee, agent or volunteer retained by the Agency shall be deemed, or represent herself or himself to be an employee or agent of the City. Section 360. Grievances by Participants The Agency will establish a system through which applicants for and recipients of services under this Agreement may present grievances about the activities of the Agency or any of the Agency's subcontractors. The system shall provide applicants and recipients with an informal hearing before representatives of the Agency, and if the applicant or recipient be dissatisfied with the action of the informal hearing, a formal hearing with procedures comparable to the "fair hearing" procedures established in the Washington Administrative Code, Chapter 388-08 and the Administrative Procedure Act (RCW Chapter 34.05) for contested cases. IV. INDEMNIFICATION AND INSURANCE Section 400. Indemnification The Agency, its employees and agents, shall release, hold harmless, indemnify and defend at Its cost the City, Its employees and agents, from and against all losses, liabilities, claims (including claims arising under federal, state or local environmental laws), costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of or resulting from any negligent or intentional act or omission of the Agency in connection with the performance of work or services under this Agreement or the Agency's breach or default thereunder. In furtherance of these obligations, and only with respect to the City, its employees and agents, the Agency waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance, worker's compensation, disability, employee benefit or similar laws. The Agency acknowledges that the foregoing waiver of immunity was mutually negotiated. The parties further agree that the provisions of this section shall survive any termination or expiration of this Agreement. Section 410. Insurance A. Insurance Requirements. The Agency shall obtain and file with The City of Seattle Human Services Department acceptable evidence of a policy or policies of insurance as enumerated below Such insurance must. (1) protect the City within the policy limits from any and all claims and risks arising out of or in connection with any activity performed by the Agency under this Agreement; (2) be maintained in full force and effect throughout the entire term of the Agreement; (3) name The City of Seattle and its employees and agents as additional insureds (excluding only professional liability), using AGENCY SERVICES AGREEMENT Line Item Reimbursement B ASA LIR rtf DA10-1735 Revised 7/10/06 Page 9 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Additional Insured Endorsement form CG 20 10 03 97 (or equivalent) for the CGL policy; and (4) Include a "Separation of Insureds" or "Severability of Interests" clause, whereby, except with respect to the limits of Insurance and any rights or duties specifically assigned to the first named Insured, the Insurance applies (a) as if each Insured were the only Insured; and (b) separately to each Insured against whom claim is made or suit is brought. The Agency's Insurance shall be primary and non-contributory to any coverage maintained by the City. The limits of such Insurance shall not limit the liability of Agency under this Agreement. Said insurance shall not be cancelled without forty-five (45) calendar days' prior written notice to the City, except for non-payment of premiums, in which case prior notice shall not be less than ten (10) calendar days. The Agency shall promptly notify the City when the Agency becomes aware of any material reduction in the aggregate limits of any insurance coverage required under this Agreement. Acceptable evidence of insurance coverage includes the Declaration pages of the policy showing the insurance company, policy effective dates, and the insured's name, limits of liability and the endorsement, which adds The City of Seattle as an additional insured. The Agency shall ensure that acceptable evidence of insurance is promptly forwarded to The City of Seattle Human Services Department upon the renewal or replacement of each such policy(ies). Such insurance shall include at a minimum: 1. Commercial General L/abil/ty ("CGL") Insurance: The policy of commercial general liability insurance shall include all the coverages commonly known as. Premises/Operations Liability Personal Injury/Property Damage Contractual Liability Independent Contractors Liability Products/Completed Operations Stop Gap or Employers Contingent Liability Fire Damage Legal Said policy or policies must provide the following minimum coverage: Bodily Injury and Property Damage: $1,000,000 General Aggregate $1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury/Property Damage $1,000,000 Each Occurrence AGENCY SERVICES AGREEMENT Line Item Reimbursement 8 ASA LIR rtf DA10-1735 Revised 7/10/06 Page 10 IDocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 ' $ 100,000 Fire Damage Stop Gap/Employers Liability: $1,000,000 Each Accident $1,000,000 Disease-Policy $1,000,000 Disease-Each Employee 2. Automobile L/ab/l/ty Insurance: The policy of automobile liability insurance shall include coverage for owned and non-owned vehicles. Said policy or policies must provide the following minimum limit: Bodily Injury and Property Damage: $ 500,000 per Accident 3. Professional Liability Insurance: The policy of professional liability insurance ('errors and omissions") must provide coverage for professional negligent errors, acts or omissions arising out of the scope of services under this Agreement. Said policy or policies must provide the following minimum limit: $1,000,000 per Claim/Aggregate L' 4. Worker's Compensation: The Agency must meet State of Washington workers' compensation insurance requirements. B. Claims-Made Forms If any policy required in this section is written on a "claims-made" basis, the Agency shall maintain such policy continuously in force for a period of thirty-six (36) months following the completion of work under this Agreement. If, during this period, such policy cannot be or is not renewed for any reason, the Agency shall purchase an extended reporting period (tail) which shall run at least through the end of this thirty-six (36) month period. C. Self-Insurance. If the Agency is self-insured for any of the risks for which insurance is required, the Agency shall so indicate in a letter signed by an AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 11 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 authorized representative of the Agency, Indicating the fund limits and whether the self-Insurance is actuarially funded, along with acceptable evidence of excess insurance, as described, above required to meet the requirements of this Agreement. All self-Insurance is subject to the City's prior approval and the City reserves the right to request documentation in addition to that stated in this paragraph to determine the acceptability of any self-insurance. D. Subcontractors. The Agency shall require each of its subcontractors to name The City of Seattle, its employees and agents as additional insureds on any liability and property insurance maintained with regard to the services performed under this Agreement. All such insurance policies shall be made available to the City for inspection upon request. E. Insurance Policy Rating. All policies shall be issued by a company rated A-:VII or higher in the A.M. Best's Key Rating Guide and licensed to do business in the State of Washington (or issued as a surplus line by a Washington Surplus lines broker), and shall be subject to approval by the City. V. GENERAL CONDITIONS Section 500, Other Legal Requirements A. General Requirement. The Agency, at no expense to the City, shall comply with all applicable laws of the United States and the State of Washington; the ' Charter and ordinances of The City of Seattle; and rules, regulations, orders and directives of their administrative agencies and the officers thereof. Without limiting the generality of this paragraph, the Agency shall specifically comply with the following requirements of this section. B. Licenses and Similar Authorizations. The Agency, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations and comply with all requirements thereof. C. Use of Recycled Content Paper. The Agency shall use, whenever practicable, recycled content paper on all documents submitted to the City, in accordance with SMC 3.38.904. D. Americans with Disabilities Act. The Agency shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Agreement Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. E. Fair Contracting Practices Ordinance. The Agency shall comply with the Fair Contracting Practices Ordinance of The City of Seattle (Ordinance 119601), as AGENCY SERVICES AGREEMENT Line Item Reimoursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 12 focuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 amended. Conduct made unlawful by that ordinance constitutes a breach of contract. Engaging in an unfair contracting practice may also result in the Imposition of a civil fine or forfeiture under the Seattle Criminal Code, as well as various civil remedies. Section 5IO. Identity of Program Participants/Benefits Recipients The use or disclosure by any party of any Identifying Information concerning the Identity of any participant in the program(s), or any of the services or benefits provided under this Agreement for any purpose not directly connected with the administration of the City's or Agency's responsibilities with respect to services provided under this Agreement, is prohibited except on written consent of the participant or recipient or client, his or her attorney, or responsible parent or guardian. Section 520. Copyrights and Patents A. If the Agency's performance of services under this Agreement results in a book or other copyrightable material, the author is free to copyright the work; but the City reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all such copyrighted material and all materials which can be copyrighted. B. Any discovery or invention arising out of or developed in the course of work pursuant to this Agreement, shall be promptly and fully reported to the City for determination as to whether patent protection on such invention or discovery shall be sought and how the rights to the invention or discovery, Including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public Interest. (If program funds are derived from the United States, federal agency regulations relating to inventions and materials generated under this apply ) ■ Section 530. Changes Should the Agency not expend funds allocated under this Agreement in accordance with any Project Expenditure Rate that may have been established as part of the Contract Budget, the City may recapture and reprogram any such under- expenditures unilaterally and without the need for further amendment of this Agreement. Changes between major budget categories of the Contract Budget of less than ten percent (10%) of the lesser major budget category need not be incorporated by written amendment, however, the City must be informed immediately in writing of each such change Changes to the City's Agreement numbering system, fund source or coding may be made unilaterally by the City and without the need for amendment of this Agreement. The Agency shall be notified in writing of any changes in the Agreement number, fund source or coding assigned by the City; provided, however, that the total compensation allocated by the City through this Agreement does not change. Any other changes to the terms and conditions of this Agreement shall not be effective until agreed to in writing by the authorized representatives of the parties hereto. AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 13 DocuStgn Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C48296 Section 540. Restrictions Upon Transfer The Agency shall not assign or subcontract any of its rights or obligations under this Agreement without the prior written approval of the City. Any such approved assignment or subcontract shall be subject to each provision of this Agreement, and any procurement procedures required by the City, the State of Washington or the United States. The Agency shall not subcontract with any party which is debarred, suspended or otherwise excluded from, or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." In the event of any approved assignment or subcontract, the City shall continue to hold the Agency responsible for proper performance of the Agency's obligations under this Agreement. Section 550. Termination and Suspension A. For Cause. The City may terminate this Agreement if the Agency is in material breach of any of the terms of this Agreement, and such breach has not been corrected to the City's reasonable satisfaction in a timely manner B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control, such as but not limited to, an act of nature; war or warlike operation; civil commotion; riot; labor dispute including strike, walkout or lockout; sabotage; or superior governmental regulation or control. C. Loss of Funds. In the event that, for any reason, federal, state or local funds allocated to or by the City for services contracted under this Agreement are or become no longer available to the City for the purpose of conducting the program/project or compensating the Agency, the City may suspend, without recourse, the Agency's obligation to render services to the City and the City's obligation to pay for further services, by providing written notice to the Agency specifying the effective period of such suspension. D. Nonce. Notice of termination pursuant to this section shall be given by the party terminating this Agreement to the other not less than five (5) business days prior to the effective date of termination. E. Actions Upon Termination. In the event of termination not the fault of the Agency, the Agency shall be paid for the services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under this Agreement. The Agency agrees that this payment shall fully and adequately compensate the Agency and all subcontractors for all costs, expenses, losses, liabilities, damages, taxes and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Agreement. AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 14 �ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Section 560. Future Support The City makes no commitment of future Agency support and assumes no obligation for future support of the services and activities contracted for under this Agreement except as may be specifically provided for therein. Section 570. Reservation of Rights Neither payment by the City nor performance by the Agency shall be construed as a waiver of either party's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. Section 580. Severability If any provisions of this Agreement other than those provided in Sections 300 through 400, inclusive, are held invalid, the remainder of this Agreement shall not be affected, thereby, if such remainder would then continue substantially to serve the purposes and objectives originally contemplated. VI. SPECIAL CONDITIONS Section 600. None. AGENCY SERVICES AGREEMENT Line Item Reimbursement B_ASA_LIR rtf DA10-1735 Revised 7/10/06 Page 15 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C46296 VIZ. SIGNATURES Section 700. Entire Agreement This Agreement consists of thirty (30) sections, Including any Special Conditions referenced in Section 600, together with the following attached exhibits all of which shall be maintained by the City and subject to review by the Agency This Agreement and the exhibits set forth below contain the entire Agreement of the parties: - Exhibit A-1, Goals and Objectives - Exhibit A-Z Performance Standards -Exhibit A-3, Reporting Requirements - Exhibit B, Budget IN WITNESS WHEREOF, the parties have executed this Agreement by having their , representatives affix their signatures below. AGENCY THE CITY OF SEA TTLE By/For By/For Suzette Cooke Kip Tokuda Name (Typed) Name (Typed) Acting Director, Mayor Human Services Department Title Title Date Date 220 4th Ave S Address Kent, WA 98032 City, State, Zip Code 253-856-5700 Phone Number (Include Area Code) mayor@ci.kent.wa.us E-Mail Address (Required) AGENCY SERVICES AGREEMENT Line Item Re mbursement B_ASA_LIR rtf DA10-1735 Revised 7/10106 Page 16 tocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Exhibit A-1 ' Safe Havens Supervised Visitation Center Introduction The mission of the Seattle Human Services Department is to connect people with resources and solutions during times of need so we can all live, learn, work and take part in strong, healthy communities. Victims of domestic violence and their children are among the most vulnerable in our community. The City has funded services to assist these residents since 1978. The City Intends to support programs that help establish a comprehensive service delivery system that helps these victims/survivors gain/ maintain their safety and make progress in addressing their multiple social and economic needs. Strategic Investment Plan Strategy By investing in the Safe Havens Supervised Visitation Center, the Human Services Department seeks to end violence/abuse and promote safety. Performance Commitment(s) ' Program Investment Area Performance Number & Description Commitment(s) C3B - End Violence/Abuse Domestic violence survivors have safe access to & Promote Safety visitation and exchange for their children Program Description The City of Kent received a United States Department of Justice grant in 2003 to ' open the Safe Havens Supervised Visitation and Exchange Center. The Center provides a secure place for children who have experienced violence to visit with their non-custodial parent and also serves as a safe location for visitation exchanges with a parent who needs or has been court-ordered to use a visitation service. The Visitation Center opened in the City of Kent in 2005. The Safe Havens Visitation Center responds to the needs of King County residents through the following objectives: Increase access to supervised visitation and exchange services for low and moderate-income family violence survivors. • Identify and implement promising practices for supervised visitation and exchange services that are responsive to the needs of women and children victims of family violence. Increase access to culturally sensitive visitation and exchange services for ethnic/racial minorities. DA10-1735 Page 17 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 • Identify and implement security procedures to create a state of the art visitation and exchange center that is safe for family violence survivors. • Increase communication between the court and the supervised visitation and ' exchange program to ensure compliance with court orders and survivor safety. • Increase referral to agencies that provide essential social services. Program Program Description Performance Commitment Area C313 - Provides safety planning, crisis Performance Commitment #1: Ten End intervention, case management, (10) domestic violence survivors have Violence/ information and referral, support safe access to visitation and exchange Abuse & groups, legal services, advocacy for their children Promote and referral to victims of Safety domestic violence and their children ' i i DA10-1735 Page 18 �ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Exhibit A-2 ' Performance Standards The Agency shall carry out this Agreement in accordance with the following performance standards- 1. The Agency shall maintain timely and accurate records which reflect service levels, participant characteristics, specific actions taken to assist participants, and service outcomes and expenditures under the terms of this Agreement. ' 2. The Agency shall maintain client demographic data and complete the required City's client reports. 3. The Domestic Violence & Sexual Assault Prevention program specialist, Tan- Mel Teo, or her successor, shall provide the Agency assistance and guidance in the performance of the contract, and work with the Agency to support the ' achievement of the milestones and performance commitment. 4. The Agency's lead program contact will be Tracee Parker. Tracee Parker will ' be responsible for communicating with Tan-Mel Teo regarding program progress and performance. 5. The Agency shall notify Tan-Mei Teo of all staff changes affecting the program funded through this contract within seven (7) days of the resignation, firing or any other change. A plan for replacing the staff person ' will be submitted to the City within fourteen (14) days of the resignation, firing or any other change. This plan will Include timelines for replacing the staff person. 6. The Agency shall maintain client grievance procedures, which include how participants will be informed of their rights to resolve grievances. The Agency shall maintain documentation of all grievances filed against the program including, but not limited to, name of the person filing the grievance, date the grievance is filed, nature of the grievance, outcome of ' the grievance and the date of resolution. 7. The Agency shall not require individuals who are eligible for services under ' the terms of this contract to participate in other Agency services or programs as a prerequisite to receiving services under this Agreement. ' 8. The Agency shall provide information and referral to other appropriate agencies if clients cannot be served by the Agency. ' 9. The Agency shall develop, implement and maintain a tool to determine "client satisfaction" with contract funded services. DA10-1735 Page 19 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 ' 10. The Agency may not require Individuals to participate in religious activities , such as prayer or religious services as a condition of receiving services with City funds. , 11. City of Seattle funds shall be used to assist Seattle residents primarily. 12. The Agency will be required to assist in inviting survivors of domestic ' violence and sexual assault to share their experiences, information and opinions with key stakeholders from time to time. Forums, panels, surveys ' and interviews might be used to gain information from survivors of violence within the community. 13. The Agency shall have internal policy addressing client information and ' confidentiality that adheres to all applicable state and federal requirements. 1 1 t DA10-1735 Page 20 ' 'DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Exhibit A-3 Reporting Requirements Reporting Guidelines All reports shall be submitted by the appropriate deadlines If reports are not received in a timely manner or not completed, Invoices will be held for payment ' until all pending reports are received and approved. All reporting documents should be submitted to Tan-Mel Teo, Domestic Violence & ' Sexual Assault Prevention, City of Seattle Human Services Department; 700 5th Avenue, Suite 5800; PO Box 34215; Seattle, WA 98124-4215. Required Monthly Reports 1. The Contractor's Invoice Form (Attachment #1) shall be submitted by the ' tenth working day of the month for the previous calendar month, except for the last invoice of the calendar year which is due January 6, 2011. The Agency will submit one invoice with an original signature and one copy. ' 2. A Monthly Status Report (Attachment #2) shall be submitted with each invoice. The Agency will submit one monthly report and one copy. Required Annual Reports ' 1. The Standard Demographic Client Profile Report (Attachment #3) for the period 1/1/2010-12/31/2010 shall be submitted in hard copy by January 31, 2011. The 2010 Income Guidelines shall be used to complete the Standard ' Demographic Client Profile Report. Other Documentation Required A Position Change Form (Attachment #4) will be submitted within seven (7) days of a staff or contractual change affecting the program funded through this contract. Additional data related to program performance or management may also be requested for auditing or evaluation purposes. DA10-1735 Page 21 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 , Exhibit B ' Budget , Funding for the Safe Havens Supervised Visitation Center Is made possible through revenue from 2010 DV General Fund. The availability of continued funding Is contingent upon program ' performance and availability of funds. The budget below displays funds available from the individual sources only during the time frames , identified at the top of each column Budgeted funds may include funds not yet awarded to the City, but anticipated to be available only during the term specified. Unspent funds from one grant period may not be carved forward to the subsequent grant period. Unanticipated delays in the execution of a grant ' agreement may cause delays in the processing of invoices under this Agreement. The City will notify the Agency in such event. The Clty's reimbursement to the Agency will be based on the provision of services as Identified In Exhibit A-1 and In accordance with the line Item budget as specified below. Total Budget Summary , 2U4DDfrGenr�I y. - I . rotatPtdiecx'' 1000-PERSONNEL SERVICES $21,784 1110 Salaries—Full-&Part-Time $8,216 1300 Fringe Benefits $30,000 , SUBTOTAL—PERSONNEL SERVICES 2100 Office Supplies 2200 Operating Supplies , 2300 Repairs&Maintenance Supplies SUBTOTAL—SUPPLIES 3000—4000 OTHER SERVICES&CHARGES ' 3100 Expert&Consultant Services 3140 Contractual Employment 3150 Data Processing ' 3190 Other Professional Services 3210 Telephone 3220 Postage ' 3300 Automobile Expense 3310 Convention&Travel 3400 Advertising 3500 Printing&Duplicating ' 3600 Insurance 3700 Public Utility Services 3800 Repairs&Maintenance ' DA10-1735 Page 22 'DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 3900 Rentals—Buildings Rentals—Equipment 4210 Education Expense 4290 Other Miscellaneous Expenses° 4999 Administrative Costslindirect Ccstss SUBTOTAL—OTHER SERVICES&CHARGES i30,000 ' TOTAL EXPENDITURES Identify specific funding sources included under"Other"above Operating Supplies- Itemize below(Do Not Include Office Supplies) S $ S TOTAL Other Professional Services- Itemize below Other Miscellaneous Expenses-Itemize below $ $ ' $ TOTAL Indirect may be charged to General Fund funds only by those agencies having an indirect cost rate approved by and on file with the City The approved indirect rate for your agency Is 1 DA10-1735 ' Page 23 r , M N ,y N Q� O @ Q ,R co rn to 0 O (q O � � v M M T c a m vco CN o R ss w E O O u 0 c LL CD C ' C7 N co V U') M O 3 CD cO coC`") cm C \ Q U. N ER EA M ^� 0 W 0 O N v v 0 i of c a # W C a 'i.l O W O G) # F' 41 U EU. O v U C �w C v it a+ FA m aYi > c d L L .0 't N M C a o s c ul = E o m o u c a d m s m a = 0 c 3 ' M c U. a ,.., x n m co a LL CD (A ` W w In W Im R O U. m V O o Q t 41 o R .2 w V_ L to0l O 1 3 � o M y C m a U a (A COc o W _ O N N I IA ' ' +° c a 3 m co w U. cn co m a H m ' 0 a M N N a L c3 -c v � y x s c c C C � N O ~ ^^ zzt v N y N CD N v ti L ti L � J _ ti y M A O J o O _ 4 U � W — � ' _ a C N ` Moo G 7 p G ti O LL C ` "t Vl cq CZ v E N J U V N ❑ w AmZrJ l _ .^� v LL [ O r J V O Z ti r n L Cl W u � � O 7, O � .--• � � /v I«l ^ � J1 V ✓ Y � 0 � ° \ \ ) \ \ < � \ t f ° ) e \ ƒ � \ 2 \ / � \ \ ) \ \ 3 3 uQ u & U o \ � a / \ � 5 ( ) 00 ° 2 ) r § 42 \ OF ^ 2 �Q § � 0 u \ � \ LL LU \ b w @ / g Gtc / � ( § \ \ t \ y ) /f )\ / � / : § Incn / � � \ b Ea 0 / u e u« 7 \ ) 0 @ focuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment#2 ' MONTHLY STATUS REPORT ' Contract Number: DA10-1735 Contract Period: 5/1/2010 - 1 12/31/2010 Agency Name. City of Kent ' Program Name* Safe Havens Supervised Visitation Center Person Completing Form: I I For Month Ending• 1) Please report progress on implementing the contract this month. How many families ' served from Seattle? ' 2 Describe an challenges encountered in achieving y g g program milestones and performance commitments. Explain any discrepancies between anticipated milestones and performance commitments and achieved milestones and performance commitments. What actions will be taken next month to address these challenges and correct these ' discrepancies? DA10-1735 1 Page 27 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment #3 City of Seattle- Human Services Department , Client Profile Report- Annual Agency Name City of Kent , Project Name Safe Havens Supervised Visitation Center Contract Number Person Completing Report Total Number of Adults Served": Total Number of Children Served*: ' Total Number of Clients Served*: 0 *Total number of clients served in Agency DV Program Total Number of Households Served: I ' I. Geographic Location*(Sub Region/Neighborhood Based on Zip Code) ' A Seattle Neighborhoods Adults Children Total Ballard 0 , Capitol Hill 0 Central Seattle 0 Delridge 0 , Downtown 0 Duwamish 0 Lake Union 0 ' North Seattle 0 NE Seattle 0 NW Seattle 0 Queen Anne 0 ' SE Seattle 0 SW Seattle 0 B King County Sub Regions/Other , East Rural 0 East Urban 0 North Urban 0 South Rural 0 South Urban 0 Vashon 0 ' Outside City Limits (Unincorporated KC) 0 Other(Outside King County) 0 Unknown 0 ' Total Section I A & I.B [Should equal Total Number of Clients Served] 0 0 0 C. Homeless Adults Children Total , Yes 0 No 0 Unknown 0 , Total Section I.0 [Should equal Total Number of Clients Served] 0 0 0 ' DA10-1735 Page 28 , IDocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment #3 II. Household Composition ' A. Single Adult Living Alone (Household Size = 1) Adults Children Total Yes 0 No 0 Unknown 1 0 Total Section ILA 1 [Should equal Total Number of Clients Served] 0 0 0 B. Single Parent Households (Households with Children Under 18 Living in the 1 Home) Adults Children Total Yes 0 No 0 Unknown 0 Total Section 11.13 [Should equal Total Number of Clients Served] 0 0 0 III. Income Based on HUD Guidelines Adults Children Total Very Low (< 30% Median) 0 Low (< 50% Median) 0 Moderate (<80% Median) 0 Above Moderate (> 80% Median) 0 Unknown 0 Total Section Income [Should equal Total Number of Clients Served] 0 0 0 IV. Ages Adults Children Total 0 to 5 0 6to10 0 11 to 13 0 14 to 17 0 18 to 34 0 35 to 59 0 ' 60 to 74 0 75 to 84 0 85 and Over 0 Unknown 0 Total Ages [Should equal Total Number of Clients Served] 0 0 0 V Gender Adults Children Total Female 0 Male 0 Transgendered/Other 0 ' Unknown 0 Total Gender [Should equal Total Number of Clients Served] 0 0 0 VI Persons with Disabilities Adults Children Total Yes 0 No 0 Unknown 0 Total Persons with Disabilities [Should equal Total Number of Clients Served] 0 0 0 DA10-1735 ' Page 29 DocuSign EnveiopeID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment #3 VII. Race/Ethnicity(HUD Guidelines) Adults Children Total American Indian or Alaska Native 0 Asian, Asian-American 0 Black, African-American, Other African 0 Hawaiian Native or Other Pacific Islander 0 White or Caucasian 0 American Indian/Alaska Native & Black/African American 0 American Indian/Alaska Native & White 0 Asian &White 0 Black/African-American &White 0 Other Multiracial 0 Hispanic/No Racial Category Identified 0 Hispanic-American Indian 0 Hispanic-Asian 0 Hispanic-Black 0 Hispanic-Pacific Islander 0 Hispanic/Latino Hispanic-White 0 Hispanic-American Indian & Black 0 , Hispanic-American Indian &White 0 Hispanic-Asian & White 0 Hispanic-Black & White 0 Hispanic-Other Multiracial 0 Other/Unknown 0 Total Race/Ethnicity [Should equal Total Number of Clients Served] 0 0 0 VIII Refugee/Immigrant Adults Children Total Yes 0 No 0 Unknown 0 Total Refugee/Immigrant , [Should equal Total Number of Clients Served] 0 0 0 IX Limited English Speaking Adults Children Total Yes 0 No 0 Unknown 0 Total Limited English Speaking ' [Should equal Total Number of Clients Served] 0 1 0 0 * See Client Profile Instructions for list of areas and zip codes within the geographical locations ' ** Clients who checked more than one category are counted as multi-racial DA10-1735 , Page 30 focuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment #3 ' Human Services Department Client Profile Report - General Instructions ' Reporting methods and frequencies will vary according to the terms that agencies negotiate for individual contracts The following instructions are intended to provide a general overview to assist you in completing the aggregate demographic report For more detailed definitions of each element, please refer to the Definition of Terms. Each category includes an area to report the number of clients for whom the Information is ' unknown Many of the categories also include a line for clients who responded `No"to the particular question cn the intake form The sum of the subtotals for each section should equal the total number of clients reported Total Number of Clients Enter the total number of clients. Clients should be counted only once during the program year Clients should be counted as "New"in the report period in which they first received service The total number of new clients at the end of the year should be an unduplicated count of clients served In order to determine the total clients, count each client only the first time s/he receives services during the contract period Include existing clients who were served during the previous program year who are continuing to receive services at the start of the new program year I. Geographic Location A. Sub-Regions and Seattle Neighborhoods Enter the total number of clients for each Seattle Neighborhood and/or King County Sub-Region Use the client's zip code to determine the Sub-Region and/or Neighborhood in which the client resides The spreadsheet, King County Sub-Regional Districts and Seattle Neighborhoods is sorted in three ways to assist you in locating the correct category for each client Sort by Zip Code, Sort by Sub-Region and Sort by Seattle Neighborhood ' Some zip codes in the North Urban and South Urban Sub-Regions cross into Seattle City boundaries If you are able to determine that a client resides within the City of Seattle, please enter them into the appropriate neighborhood within the Seattle Sub-Region If you are unable to determine whether or not a client resides in the City of Seattle, or if this would prove difficult to determine, enter as North Urban or South Urban For clients who identify as homeless, report the Sub-Region which corresponds with the zip code of their last permanent address B. Unincorporated King County Enter the number of clients who reside in unincorporated King County These are clients who have checked "outside city limits"or whose address you know to be in unincorporated King County. C. Homeless Enter the number of clients who responded "Yes"to the question, "Are you homeless?" These clients should report the zip code as that of their last permanent address HSD_CPR_Generallnstrucuonsrtf (Rewsedl/10108) DA10-1735 Page 31 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C46296 Attachment #3 II. Household Composition A. Single Adult Living Alone Enter the number of clients over age 18 that live alone Clients in this category , should have reported as household size of one and be age 18 or over B. Single Parent Households , Enter the number of single parent or non-partnered parent households Clients in this category should have responded "Yes"to the question, `Do you live in a single parent (non-partnered) household?" ' III Income Enter the number of clients for each income category based on the client's response to , the income question The income categories are from HUD and are based on household size Agencies who collect actual income or whose programs dictate using another set of income guidelines will refer to the HUD chart on the Core List in order to determine the HUD category for each client To assist these agencies, OAG plans to , develop a conversion table that will compare HUD guidelines and Federal Poverty guidelines IV. Ages Enter the total number of clients per each age category. Age is determined at the time of intake V. Gender Enter the total number of clients per each gender category. VI. Persons with Disabilities Enter the total number of clients who responded "Yes"to the question, 'Do you , consider yourself to be a person with a disability?" VII. Race/Ethnicity Enter the total number of clients for each category. Use the "Multi-Racial"category for clients who Identified as more than one category on the intake form Vill. RefugeelImmigrant Enter the total number of clients who responded "Yes"to the question, `Are you a refugee, immigrant or a new arnval to this country?" IX. Limited English Speaking ' Enter the total number of clients who responded "Yes"to the question, 'Are you limited or non-English speaking?" ' HSD_CPR_Generallnstmcbonsrtf (Revisedv10M) DA10-1735 Page 32 , DocuSign Envelope ID 9450BACF-USC2-4866-AE51-E7F383C4B296 Attachment #3 ' Human Services Department Client Profile Report - Demographic Standards Definition of Terms 1 The following descriptions are Intended to clarify the definition of each core data element. ' Data Element Description I Zip Codes The five digit postal zip code for the primary residence of the client receiving service Homeless individuals should give the zip code of their last permanent address City Name/ The name of the city in which an individual lives If the person does not live within the formal boundaries of a city, Outside City Limits check the box "Outside City Limits"to Indicate unincorporated King County Homeless Individuals that do not have a permanent residence -- sleeps over with friends or relatives to avoid being on the street or uses shelters or emergency housing Such individuals should give the zip code of their last residence II Household The number of people living in a household Household is Composition/ defined as a single person or group of people living together sharing common household resources and expenses, even if Household Size not related Individual tenants in an apartment building or ' communal domicile (detention center, dormitory, barracks, etc ) are not members of the same household Such individuals should indicate household of one when responding. Children Under Age The number of children under the age of 18 years living in 18 the household Determined by the client at the time of ' intake Not intended as a legal definition of custody, but rather as defined by the client Programs with eligibility requirements regarding legal custody may utilize stricter interpretations Single Parent A household in which one parent without the assistance of a Households domestic partner assumes primary responsibility for any child or children under the age of 18 HSD_CPR_Defin ionOfre"s rtf DA 10-1735 ' (Revised 1/10108) Page 33 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 ' Attachment #3 Data Element Description , III Income Total gross yearly Income for the household Client should select one of the four categories based on their knowledge of the household's income Categories are based on the HUD matrix, updated annually Programs may need to collect and verify actual income to determine eligibility for certain programs, but will report to funders using the HUD matrix IV Ages In years, how old the individual is at the time of filling out the , form For infants under the age of one year, enter 0 (zero) V Gender Female individuals should check the box "Female" Male , individuals should check the box"Male" Transgendered/ Other is defined as individuals whose gender, gender display or gender identity differs from the perceived norm Such individuals ' may—or may not—have undergone or be currently undergoing gender-altering surgery or transgender counseling Individuals who identify with the above description should check the box , "Transgendered/Other" Individuals who do not identify with any of the above categories should check the box "Unknown" VI. Persons with Self-reported by client with the exception of programs where Disabilities status is determined by a caseworker or other professional A client with a disability has a physical, sensory or mental impairment that substantially limits one or more major life activities Major life activities are functions such as caring for one's self, performing manual tasks, walking, seeing, breathing, ' learning and working Clients who are developmentally disabled, chronically ill, hearing or visually impaired, homebound and/or have diagnosed emotional disorders are included in this category Children/youth In this category include those in special education classes and those receiving SSI Examples ' 1. Persons with restricted use of their hands, arms or have mobility problems (may use a wheelchair, walker, etc ) - Persons who cannot do simple household tasks such as making a bed or washing dishes - Persons who cannot take care of their own basic needs , such as feeding or bathing themselves - Persons with learning disabilities - Persons who score 50 or below on the Global Assessment Scale - Persons who are Incapacitated by alcoholism or substance abuse - Children with speech or language delays that are not , caused by English being their second language. 1 HSD_CPR_DefinRionOfrenns rtf DA 10-173 5 (Revised 1110108) Page 34 tocuSign Envelope ID 9450BACF-D5C2-4866-AE51-1171F383C413296 Attachment #3 1 Data Element Description ' VII Race/Ethnicity A group of persons related by common descent or heredity, or who share a common culture, language, religion or other Listed below are a significant social characteristics Individuals may select more number of categories than one category The available categories are based on those I with definitions that used by the U S Census Bureau may provide clarification 1 American Indian or Individuals whose race/ethnicity is native to the continent of Alaska Native North America, the general area of Alaska or the northern-most ' parts of Canada Asian, Individuals whose race/ethnicity is native to the continent of Asia, Philippine Islands or sub-continent of India Specifically Asian-American excluded from this group is Hawaiian Native or Other Pacific Islander ' Black, Individuals whose race/ethnicity is native to the continent of Africa and/or individuals who are North, Central or South African-American, American or Caribbean Islander of African descent Specifically Other African excluded from this group are Afrikaners and North African Caucasians Hawaiian Native/ Individuals whose race/ethnicity is native to Pacific Island areas 1 such as American Samoa, Caroline Islands, Guam, Hawaiian Other Pacific Islands, Mariana Islands, Tonga, Marshall Islands or Micronesia Islander White or Caucasian Individuals whose race/ethnicity is native to the continent of Europe, Middle East or North Africa Other Multi-Racial Individuals who select more than one category should check the box "Other Multi-Racial" ' Hispanic/Latino Individuals whose race/ethnicity can be traced to any Spanish speaking country in the western Hemisphere Includes people who identify as Mexican, Puerto Rican, Caribbean Islander, 1 Central American or South American. Other/Unknown Individuals that do not identify with any of the categories should check the box "Other/Unknown". VIII Refugee/Immigrant Individuals who have voluntarily migrated to this country or who have left their native country for reasons of safety This category is not intended to capture information regarding legal resident status or citizenship IX Limited English Individuals who virtually have no ability or limited ability to Speaking communicate using the English language HSD_CPR_Defnihon0frenns rtf DA 10-1735 (Revised IMGM) Page 35 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment 43 Human Services Department 2010 INCOME GUIDELINES , Gross Annual Income By Family Size FAMILY SIZE 1 2 3 4 5 6 7 8 , Very Low 100% Federal Poverty 10,830 14,570 18,310 22,050 25,790 29,530 33,270 37,010 , 125% Federal Poverty 13,538 18,213 22,888 27,563 32,238 36,913 41,588 46,263 ' 30% HUD PMSA 17,700 20,250 22,750 25,300 26,300 29,350 31,350 33,400 Low 50% HUD PMSA 29,500 33,700 37,950 42,150 45,500 48,900 52,250 55,650 60% State Median 24,480 32,016 39,540 47,076 54,612 62,136 69,672 77,196 70% State Median 28,560 37,344 46,140 54,924 63,708 72,492 81,276 90,060 Moderate 80% HUD PMSA 44,800 51,200 57,600 64,000 69,100 74,250 79,350 84,500 Note: - Income Guidelines for the standards above are usually published by March of each year ' - FY 2010, Washington State Median 4-Person Family Income =$77,676 - HUD (U S Department of Housing & Urban Development) ' - PMSA (Primary Metropolitan Statistical Areas) DA10-1735 , Page 36 t ocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C43296 Attachment 43 City of Seattle — Human Services Department Seattle Zip Codes for Client Profile Report C'X"Indicates Overlap with King County) Zip Code City Seattle Neighborhood 98101 Seattle Downtown 98102 Seattle Capitol Hill 98103 Seattle Lake Union 98104 Seattle Downtown 1 98105 Seattle Northeast X 98106 Seattle Delridge 98107 Seattle Ballard X 98108 Seattle Duwamish 98109 Seattle Queen Anne/Magnolia 98111 Seattle Downtown 98112 Seattle Capitol HIII 98114 Seattle Downtown 98116 Seattle Southwest 98117 Seattle Ballard 98118 Seattle Southeast 98119 Seattle Queen Anne/Magnolia 98121 Seattle Downtown I 98122 Seattle Central 98124 Seattle Duwamish 98125 Seattle North I X 98126 Seattle Delridge 98129 Seattle Downtown X 98133 Seattle Northwest 98134 Seattle Duwamish 98136 Seattle Southwest 98144 Seattle Southeast 98145 Seattle Northeast 98146 Seattle Southwest 98154 Seattle Downtown 98161 Seattle Downtown 98164 Seattle Downtown X 98168 Seattle Mostly King Co 98174 Seattle Downtown X 98177 Seattle Northwest X 98178 Seattle Mostly King Co 98195 Seattle Northeast 98199 Seattle Queen Anne/Magnolia 98181 Seattle Downtown 98184 Seattle Downtown 98191 Seattle Downtown 98115 Seattle Northeast 98185 Seattle Northeast Participants with home zip codes with X could be either Inside or outside the Seattle City limits 1 The agency should determine if they are Seattle residents by their full address DA10-1735 Page 37 DocuSign Envelope ID 9450BACF-D5C2-4866-AE51-E7F383C4B296 Attachment 44 City of Seattle - Human Services Department , Position Change Form (to be submitted whenever there is a major change in personnel or contractors)* Position Title Name of Staff Description of Change (include effective date) (e g., resignation, reduction in hours, new hire, etc ) For every reduction in staff(e.g. resignation), please describe the process and timeline for filling the position and submit within 14 days of the change: Program Manager/ Supervisor Signature Date * The agency must notify the contract specialist of all staff changes affecting the program funded through this contract within seven (7) days of the change DA10-1735 Page 38 , Kent City Council Meeting Date May 18, 2010 Category Consent Calendar - 6V 1. SUBJECT: GOLDFINCH COMMUNICATIONS LLC CABLE TELEVISION FRANCHISE INTRODUCTION - SET HEARING DATE ' 2. SUMMARY STATEMENT: As recommended by staff, set June 1, 2010, as the date for the public hearing and first introduction of a proposed cable franchise agreement between the City of Kent and Goldfinch Communications, LLC, and direct the City Clerk to provide notice of the hearing as required by Kent City Code (KCC) section 7.12.070 and as otherwise provided by law. In February 2010, Goldfinch Communications, LLC filed a cable television franchise application requesting the City of Kent grant to it a franchise to construct, operate, and maintain a cable communications system within the City of Kent. Staff has been working with Goldfinch Communications, LLC to negotiate a mutually agreeable franchise agreement for Council consideration. IRCW 35A.47.040 provides that a cable television franchise may not be granted by the City the same day that it is introduced to the City Council, and KCC 7.12.070 requires that a public hearing be held before a cable television franchise may be granted by the City. Staff recommends that the first introduction and the public hearing on the franchise occur at the same Council meeting. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: Kent City Council Meeting Date May 18, 2010 1 Category Other Business - 7A 1. SUBJECT: COMPREHENSIVE PLAN AMENDMENT, PANTHER LAKE COMPREHENSIVE PLAN LAND USE PLAN MAP AND ZONING DISTRICTS MAP, ORDINANCE 2. SUMMARY STATEMENT: On December 8, 2009, the Kent City Council adopted an ordinance approving the annexation of the Panther Lake area into the City effective July 1, 2010. The City must adopt the Comprehensive Plan Land Use Map and Zoning District Map designations for the Panther Lake area prior to the effective date of the annexation - July 1, 2010. City staff has analyzed various options for these Map designations and public comment has been received by written correspondence and during three public hearings. After considering all of the information, the Economic and Community Development Committee recommends adoption of the attached ordinance. 1 1 3. EXHIBITS: Ordinance and Memorandum dated 5/12/10 4. RECOMMENDED BY: Economic & Community Development Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No 6. CITY COUNCIL ACTI N: {� Councilmember QA1UjZmoves, Councilmember seconds to adopt Ordinance No. 395� , enacting the Comprehensive Plan amendments for the Panther Lake Annexation Area Comprehensive Plan Land Use Map and Zoning Districts Map. DISCUSSION: ACTION: ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION • Fred N Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Planning Manager N A 5 H i N G T 0 N 1 Phone 253-856-5454 Fax- 253-856-6454 Address- 220 Fourth Avenue 5 Kent, WA 98032-5895 IMay 12, 2010 TO: Council President Jamie Perry and Councilmembers FROM: Mayor Suzette Cooke RE. Panther Lake Annexation Area Comprehensive Plan Land Use Map and Zoning Districts Map Amendments [AZ-2009-1] The City of Kent has a number of responsibilities to execute prior to the effective date of the annexation of the Panther Lake area on July 1, 2010. Adopting Comprehensive Plan Land Use Map and Zoning Districts Map designations is one of these responsibilities. The ordinance before you represents the recommendation of the Economic & Community Development Committee to adopt map designations that are generally consistent with those of King County including three citizen- proposed revisions: Ruth Proposal This proposal suggests that six (6) existing Neighborhood Business (nb) parcels totaling approximately 7.3 acres and portions of six (6) multi-family residential parcels totaling approximately 3.3 acres located from the southeast corner of 108th Avenue SE (Benson Rd) & SE 192nd Street be designated Mixed-Use (MU) on the Comprehensive Plan Land Use Map, and Community Commercial, Mixed-Use (CC- MU) on the Zoning Districts Map. Holmberg/Morford Proposal This proposal suggests that three (3) parcels totaling approximately 7.3 acres located along the south side of SE 192nd Street be designated as low-density multi- family residential (LDMF/MR-G). Leever Proposal This proposal suggests that single-family residential designated (SF-6/SR-6) portions of three (3) split-designated parcels totaling approximately 13 acres containing most of Lake Jolie and its shoreline be completely designated as Urban Separator/Residential Agricultural, 1 dwelling unit per acre (US/SR-1) consistent with the balance of these parcels. FS/vV0/pm S\Perm C,Plar\�NNEXAT10N5,2009\AZ-2009-1 Panther Lake\CC\05-18-10_CoverMemo doc Eric Attach A LUPB Minutes- 1/25/10 Attach B E&CD Committee Minutes- 3/8/10&4/12/10 CC Ben Wolters ECD Director Fred Satterstorm, AICP, Planning Director ' Charlene Anderson, AICP, Planning Manager Kim Adams-Pratt, Assistant City Attorney File AZ-2009-1 i 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to and implementing Comprehensive Plan Land Use Map and Zoning District Map designations for the Panther Lake Annexation. RECITALS A. On December 8, 2009, the Kent City Council adopted Ordinance No. 3936, effective on July 1, 2010, approving the annexation of the Panther Lake Annexation Area (the "Annexation Area") into the City of Kent. Implementing Comprehensive Plan Land Use Map and Zoning District Map designations (together, the "Map designations") for the Annexation Area is an issue of community-wide significance that promotes the public health, safety, and general welfare of the citizens of Kent in accord with Kent City Code 12.02.010(A)(1). B. The Annexation Area is approximately 3350 acres, bounded by the City of Renton on the north (generally along Southeast 192"d Street to the Benson Road, then continuing west along Southeast 2001h Street. to 100th Avenue Southeast), Big Soos Creek on the east, and contiguous with 1 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations ■ Kent's existing city limits on the south and west. The Annexation Area is shown in detail on Exhibits A and B to this ordinance. C. On January 20, 2010, the City provided the State of Washington Department of Commerce the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed amendments to the Comprehensive Plan. The sixty (60) day notice period has lapsed. D. The City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2010-2) for the proposed Map designations on April 16, 2010. E. Subsequent to the adoption of Ordinance 3936, the City's Planning staff began work on Comprehensive Plan Land Use Map and Zoning Map designations for the Annexation Area, as outlined in section 15.09.055 KCC. The City invited comments regarding these Map designations during an open house held on January 9, 2010, in the Annexation Area. The Land Use & Planning Board held work—shops on November 23, 2009, and January 11, 2010, and conducted a public hearing on January 25, 2010. The Economic and Community Development Committee considered the Map designation issues on September 14, 2009, and February 8, 2010. The Committee subsequently conducted two public hearings on March 8, 2010 and April 12, 2010. F. On May 18, 2010 the City Council adopted the following Comprehensive Plan Land Use Map designations for the Annexation Area: Urban Separator (US); Single Family Residential, 4.5 Dwelling Units per Acre Single SF-4.5 ; Family Residential, 6 Dwelling Units per Acre (SF-6); ( ). 9 Y Single Family Residential, 8 Dwelling Units per Acre (SF-8); Mobile Home 2 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations Park (MHP); Low Density Multifamily Residential (LDMF); Medium Density Multifamily Residential (MDMF); and Mixed Use (MU) as depicted in Exhibit "A" attached and incorporated herein. G. Also on May 18, 2010, the City Council adopted Zoning District Map designations for the Annexation Area of Residential Agricultural, 1 dwelling unit per acre (SR-1); Single-Family Residential, 4.53 dwelling units per acre (SR-4.5); Single-Family Residential, 6.05 dwelling units per acre (SR-6); Single-Family Residential, 8.71 dwelling units per acre (SR-8); Mobile Home Park Combining (MHP) Zoning District; Low Density Multifamily Residential, 16 dwelling unit per acre (MR-G); Medium Density Multifamily Residential, 23 dwelling unit per acre (MR-M); High Density Multifamily Residential, 40 dwelling unit per acre (MR-H); and Community Commercial, Mixed-Use (CC-MU) as depicted in Exhibit "B" attached and incorporated herein. H. After considering staff analysis and public testimony, the Council adopted a Comprehensive Plan Land Use Map designation of Urban Separator (US) and corresponding Zoning Map designation of Residential Agricultural, 1 dwelling unit per acre (SR-1) for the entirety of three split- designated parcels adjacent to and including Lake Jolie. King County's designations for these parcels included a land use designation of Urban Residential Medium, 4 to 12 dwelling units per acre (um) with R-6 zoning, and a land use designation of Greenbelt (gb) with R-1 zoning. The Council acted on compelling public testimony regarding the protections offered by the Greenbelt designation for the environmental, visual, wildlife, and sensitive area characteristics of Lake Johe while still allowing lower density single-family residential development. 3 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations i NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals are incorporated by this reference. SECTION 2. - Adopt. Pursuant to Chapter 12.02 of the Kent City Code, section 15.09.055 of the Kent City Code, and RCW 36.70A.130 the following Comprehensive Plan Land Use Map designations are established for the Panther Lake Annexation Area as shown on Exhibit "A" attached , and incorporated herein by this reference: Urban Separator (US); Single Family Residential, 4.5 Dwelling Units per Acre (SF-4.5); Single Family Residential, 6 Dwelling Units per Acre (SF-6); Single Family Residential, 8 Dwelling Units per Acre (SF-8); Mobile Home Park (MHP); Low Density Multifamily Residential (LDMF); Medium Density Multifamily Residential (MDMF); and Mixed Use (MU). SECTION 3. - Adon . Pursuant to the Kent City Code section 15.09.055 the following Zoning District Map designations are established for the Panther Lake Annexation Area as shown on Exhibit "B" attached hereto and incorporated herein by this reference: Residential Agricultural, 1 dwelling unit per acre (SR-1); Single-Family Residential, 4.53 dwelling units per acre (SR-4.5); Single-Family Residential, 6.05 dwelling units per acre (SR-6); Single-Family Residential, 8.71 dwelling units per acre (SR- 8); Mobile Home Park Combining (MHP) Zoning District; Low Density Multifamily Residential, 16 dwelling unit per acre (MR-G); Medium Density Multifamily Residential, 23 dwelling unit per acre (MR-M); High Density j 4 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations ' Multifamily Residential, 40 dwelling unit per acre (MR-H); and Community Commercial, Mixed-Use (CC-MU). SECTION 4. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. - 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 ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6. - Effective Date. This ordinance shall take effect and be in force on July 1, 2010, which is no sooner than thirty (30) days from and after its passage, approval, and publication. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 5 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. APPROVED: day of 12010. PUBLISHED: day of , 2010. L I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 6 Panther Lake Annexation Comprehensive Plan Land Use Map and Zoning District Map Designations Kent City Council Meeting Date May 18, 2010 Category Other Business - 7B 1. SUBJECT: DEVELOPMENT FEES DEFERRAL, ORDINANCE AND RESOLUTION 1 2. SUMMARY STATEMENT: City staff recommends approval of amendments to Titles 7 and 12 of the Kent City Code related to the timing of development mitigation fee collection These amendments apply to single family home construction for resale, and allow applicants to defer the drainage system development charge, school impact fee, transportation improvement fee, and water system development through the use of a fee deferral lien. City staff is also recommending a corresponding amendment to Resolution 1740, related to business license, planning and land use, and permit and inspection fees, to include a fee for the City's costs of administering the fee deferral lien process. 3. EXHIBITS: Ordinance and Resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. , which amends Titles 7 and 12 of the Kent City Code related to the timing of development mitigation fee collection, and to adopt Resolution No. , which amends the exhibits to Resolution No. 1740 by establishing a fee concerning the deferral of certain development mitigation fees. DISCUSSION: ACTION: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the deferral of fees imposed to mitigate the impact of new development. RECITALS A. Pursuant to the provisions of state law, Chapter 35A.63 of the Revised Code of Washington (RCW) and Chapter 36.70A RCW, the Kent City Council has adopted the Kent City Code (KCC), which includes regulation of fees imposed to mitigate the impact of new development. B. As a result of the current downturn in the local economy, a diminishing number of new residential units are being built, which adversely impacts the local economy and revenue for governmental services. Unless the City acts, the housing market may continue to languish and adverse consequences of decreased revenues, abandoned projects, and underutilized land will occur. C. Current regulations require that mitigation fees be paid well before new homes are occupied. This results in larger construction loans and increased finance costs that add to the cost of a new home. To mitigate these negative economic impacts, the City can amend the Kent City Code to afford more flexibility to applicants on the timing of fee payments while maintaining consistency with the Comprehensive Plan. 1 Deferred Land Use Fees Changing the timing of collection would result in a lower cost to the builders, who could pass the savings to buyers. D. The City's State Environmental Policy Act (SEPA) official has determined that these amendments to the Kent City Code are procedural in nature, and therefore exempt from SEPA review. E. On April 13, 2010, notice was sent to the Washington State Department of Commerce requesting expedited review for an amendment to development regulations. On April 29, 2010, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. F. The Economic and Community Development Committee considered this matter at its January 11, 2010, and April 12, 2010 meetings. The Committee also held a public hearing on May 10, 2010 regarding this issue. G. This ordinance shall apply to all complete building permit applications received between the effective date of this ordinance and December 30, 2013. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 7.02.160, of the Kent City Code, is amended as follows: Sec. 7.02.160. Installation and Connection Charges Inside City Limits. 2 Deferred Land Use Fees t } A Tap charge - Connection by water utility. Any property owner within the city limits applying for water service shall pay in full a tap charge plus a system development charge prior to issuance of the water service permit. The tap charge will include the cost of connection and laying the pipe from the city water main to the property line of the property to which service is desired, or at a distance of sixty (60) feet from the main toward such property line, whichever is shorter. The minimum tap charge so established for service installed by the water utility is as follows: ' 1. Two hundred seventy-five dollars ($275) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. Three hundred twenty-five dollars ($325) for each three- quarter (3/4) inch connection. 3. Three hundred fifty dollars ($350) for each one (1) inch connection. 4. Six hundred dollars ($600) for each one and one-half (1-1/2) inch connection. 5. Eight hundred dollars ($800) for each two (2) inch connection. On any connection over two (2) inches, the minimum tap charge shall be the actual cost of the meter and installation, plus twenty-five (25) percent. tB. Tap charge - Connection by licensed contractor. If the workload of the water utility as determined by the director of public works is such that the installation of the water connection would interfere with the proper operation and maintenance of the water system, the director of public works may require that the property owner employ a licensed contractor to make the connection and install the necessary line and materials except the water meter. Ali such water services shall meet or exceed the 3 Deferred Land Use Fees standards and specifications approved by the director of public works. The minimum tap charge is as follows: 1. One hundred dollars ($100) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. One hundred twenty-five dollars ($125) for each three- quarter (3/4) inch connection. 3. One hundred seventy-five dollars ($175) for each one (1) inch connection. 4. Three hundred sixty dollars ($360) for each one and one-half (1-1/2) inch connection. 5. Five hundred dollars ($500) for each two (2) inch connection. All such contractor-installed connections shall be guaranteed by the contractor for a period of one (1) year. C. System development charge The system development charge is as follows Meter Charge Charge Size Effective Effective (inches) Through April 1, March 31, 2009 2009 Less than 1 $2,600 $5,949 1 $4,627 $14,872 1-1/2 $10,400 $29,743 2 $18,486 $47,589 3 $41,594 $95,179 4 $73,933 $148,717 5 $115,528 $222,932 6 $166,376 $297,434 8 $295,786 $475,894 10 $462,162 $654,354 4 Deferred Land Use Fees After April 1, 2009, this system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction Price Index for Seattle-Tacoma- Bremerton for the twelve (12) months October 31 through September 30 of the previous calendar year. However, if (1) the city's fire marshal has required that, in conjunction with the city's issuance of a single-family residential building permit, the applicant must install a fire sprinkler system, and (2) the need for a meter size greater than three-quarters (3/4) of an inch is based solely on the fire marshal's requirement that the sprinkler system be installed, the single-family residential permit applicant shall pay only the system development charge listed above for a meter less than one (1) inch in diameter. It is not the city's intent to require an applicant to pay a higher system development charge when the larger meter size is needed only in the unusual event of a fire demand rather than for normal daily user demand. D. Installation of undersized meter. If an undersized meter is installed, a deduction will be allowed from the above charges, including system development charges, which will reflect the difference in cost between the undersized meter and the regular size meter. All service material (including water meter) will remain the property of the city. E. Tap change. If the tap is changed to one of a larger size, the cost and expense of such charge must be paid before the larger size tap is installed. F. Paving replacement - Charge. If it becomes necessary during the installation of such connection on a time and material basis to break and replace either concrete or blacktop paving, then in each instance an additional charge shall be made to cover the cost of such repair. 5 Deferred Land Use Fees G. Fee deferral (1). Until December 30, 2013, at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for resale, the owner of the sub)ect real property may defer payment of the water system development charge in subsection A above by executing a lien in favor of the City in the amount of the water system development charge The City shall record the lien against the real property and the lien amount shall be paid to the City at the time of closing of the sale of the real property and single family residence. An owner who chooses to defer the water system development charge must combine the lien with a lien deferring the school impact fee in KCC 12.13.110, transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and drainage system development charge in KCC 7.05.165. (2) A seller of real property subiect to a lien under subsection (G)(1.) must provide written disclosure of the lien to a purchaser or prospective purchaser at the same time the seller provides disclosure under Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the City will be paid the lien amount at closing. SECTION 2. — Amendment. Section 7.05.165, of the Kent City Code, is amended as follows. Sec. 7.05.165 Drainage systems development charge. A. Effective April 1, 2009, the city shall assess and collect a drainage systems development charge against all new development or redevelopment in the amount of one thousand and seven hundred and eighty-seven dollars ($1,787) per ESU, as defined in KCC 7.05.090(B)(3). This drainage system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage 6 Deferred Land Use Fees increase in the Construction Price Index for Seattle-Tacoma-Bremerton for the twelve (12) month period October 1 through September 30 of the previous calendar year. All drainage system development charges collected by the storm and surface water utility shall be placed in a separate revenue account for the storm and surface water utility. B. Fee deferral (1). Until December 30, 2013, at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for resale, the owner of the subject real property may defer payment of the drainage system development charge in subsection A. above by executing a lien in favor of the City in the amount of the drainage system development charge. The City shall record the lien against the real property and the lien amount shall be paid to the City at the time of closing of the sale of the real property and single family residence. An owner who chooses to defer the drainage system development charge must combine the lien with a lien deferring the school impact fee in KCC 12 13.110, transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and water system development charge in KCC 7.02.160. r (2) A seller of real property sub)ect to a lien under subsection (B)(1) must provide written disclosure of the lien to a purchaser or prospective purchaser at the same time the seller provides disclosure under Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the City will be paid the lien amount at closing. SECTION 3. - Amendment. Section 12.11 090 of the Kent City Code is amended as follows: 7 Deferred Land Use Fees r Sec. 12.11.090 Mitigation. A. General. If mitigation is required to meet the area-average level of service standard, the applicant may instead choose to (1) reduce the size of the development until the standard is met, (2) delay development schedule until city and/or others provide needed improvements, or (3) provide the mitigation as provided for in this chapter. Mitigation must be acceptable to the city in form and amount, to guarantee the applicant's pro rata share of the financial obligation for capital improvements for the benefit of the subject property. B. Mitigation approval. If concurrency does not exist as set forth in KCC 12.11.050, to obtain concurrency, the applicant may provide mitigation to the satisfaction and approval of the director as follows: 1. Payment for and timing of Improvements. a. Payment for developer-funded transportation improvements affecting critical arterials and key intersections within the city's direct operational control necessary to meet the requirements for concurrency must be made prior to issuance of a development permit, final plat approval or other approval requiring improvements under this chapter. Any such improvements required to be constructed by a developer to meet the requirements for concurrency must be under construction within six (6) months after issuance of a certificate of occupancy, final plat approval or such other approval for the proposed development. All improvements shall comply with the city's construction standards, as adopted pursuant to Ordinance 3117, and as thereafter amended. Furthermore, the director shall require an assurance device to guarantee completion of such improvements in accordance with said construction standards. The finance manager shall be responsible for maintaining all mitigation funds received under this chapter. 8 Deferred Land Use Fees b. Payment for or the requirement of the developer to construct any transportation improvement necessary to meet the requirements of concurrency which is partially or wholly outside the city's direct operational control must be submitted for approval by the appropriate agency(ies) which have control. Should the appropriate agency(ies) elect to postpone the proposed improvements, or refuse to accept the proposed mitigation, the director shall collect and hold the amount estimated for mitigation until the improvement is made as required in this chapter. An assurance device satisfactory to the director may substitute for the payment required in this subsection. C. The project proponent may provide funding in an amount equal to the cost estimate of the director, for necessary traffic improvements. The director may require actual construction rather than provision of funding. Funds, or other commitments, for projects to be constructed by the city must be paid in full by the project proponent to the city prior to issuance of a development permit, final plat approval or such other approval for the project. d. Fee deferral W. Until December 30, 2013, at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for resale, the owner of the subject real property may defer payment of the transportation improvement fee in subsections a. and c. above by executing a lien in favor of the City in the amount of the transportation improvement fee. The City shall record the lien against the real property and the lien amount shall be paid to the City at the time of closing of the sale of the real property and single family residence. An owner who chooses to defer the transportation improvement fee must combine such deferral with deferral of the school impact fee in KCC 9 Deferred Land Use Fees 12 13 110, water system development charge in KCC 7.02.160, and drainage system development charge in KCC 7.05.165. 00 A seller of real property subject to a lien under subsection (d)(i) must provide written disclosure of such lien to a purchaser or prospective purchaser at the same time the seller provides disclosure under Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the City will be paid the lien amount at closing. 2. Transportation demand management. As a mitigation measure, the project proponent may establish transportation demand management (TDM) strategies to reduce single occupant vehicle trips generated by the project. The project proponent shall document the specific measures to be implemented and the number of trips to be reduced by each measure. The TDM program may be denied based on the criteria of subsection (13)(3) below. The director must approve the strategies and shall monitor and enforce the performance of agreed upon TDM measures. The director will determine if performance measuring devices shall be imposed, and may require annual documentation of the continued effectiveness of such measures. The director may require that additional measures be implemented if the agreed upon measures fail to result in the reduction of the stated number of trips. 3. Decision criteria-acceptable mitigation. Acceptable mitigation requires a finding by the director that: a. The mitigation is consistent with the comprehensive plan. b. The mitigation contributes to system performance. C. Improvements to an intersection or roadway may not shift traffic to a residential area. 10 Deferred Land Use Fees d. Improvements to an intersection or roadway may not shift traffic to other intersections for which there is no acceptable mitigation available. e. Improvements to an intersection or roadway may not shift traffic to intersections within another jurisdiction which would violate that jurisdiction's policies and regulations. f. Improvements to an intersection or roadway may not shift traffic to another mobility management zone and violate that zone's objectives and standards. g. The effect of the improvement would not result in a reduction or the loss of another transportation objective, including but not limited to maintaining high occupancy vehicle lanes, sidewalks, or bicycle lanes. h. The adverse environmental impacts of the facilities' improvement can be reasonably alleviated. 1. The improvement will not violate accepted engineering standards and practices. Notwithstanding the foregoing, the director has the authority, in the director's sole discretion, to require correction of a documented safety- related deficiency. C. MItrgahon denial-appeal process. If the director determines that the proposed mitigation does not meet the requirements of this chapter, the director may deny the proposed improvements and determine the project is inconsistent with this chapter. The director's decision may be appealed 11 Deferred Land Use Fees 1 by the applicant to the hearing examiner pursuant to the provisions of KCC 12.11.080. SECTION 4. - Amendment. Section 12.13.110 of the Kent City Code is amended as follows: Sec. 12.13.110 Collection of impact fees. A. For residential developments located in school districts where impact fees have been adopted by city ordinance, the city shall collect impact fees based upon the schedule set forth in KCC 12.13.140, and shall be collected by the city from any applicant where such development activity requires issuance of a residential building permit or a manufactured home permit. B. For application for single-family and multifamily residential building permits and manufactured home permits, the total amount of the impact fees shall be collected from the applicant when the building permit is issued, using the impact fee schedules in effect at the time of application. C. The city shall not issue the required building permit or manufactured home permit unless and until the impact fees set forth in the impact fee schedule have been paid. D. Fee deferral (1) Until December 30 2013 at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for resale the owner of the subject real property may defer payment of the school impact fee in subsection A. above by executing a lien in favor of the City in the amount of the school impact fee. The City shall record the lien against the real property and the lien amount shall be paid to the City at the time of closing of the sale of the real property and single family residence An owner who chooses to defer the school impact 12 Deferred Land Use Fees fee must combine the lien with a lien deferring the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, the drainage system development charge in 7.05.165, and water system development charge in KCC 7.02.160. (2) A seller of real property subject to a lien under subsection (D)(1) must provide written disclosure of the lien to a purchaser or prospective purchaser at the same time the seller provides disclosure under Chapter 64.06 RCW. The disclosure of the lien must include the dollar amount of the lien and that the City will be paid the lien amount at closing. SECTIONS. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6, - Corrections by Clty 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 ordinance, including the correction of clerical errors, references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 7. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: 13 Deferred Land Use Fees 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2010. APPROVED: day of , 2010. PUBLISHED: day of 12010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P \Civil\Ordinance\Deferred Land UseFeesFinal docx i 14 Deferred Land Use Fees L 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, amending Resolution 1740 by establishing a fee concerning the deferral of certain development mitigation fees. RECITALS A. The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. The city has adopted an ordinance allowing applicants to defer certain development mitigation fees through the use of a fee deferral lien. An applicant wanting to use such a lien is required to pay the city's costs incurred to administer the process. ! B. It is appropriate to amend Resolution No. 1740, Business License, Planning and Land Use, and Permit Inspection Fees, to include a fee for the city's costs of administering the fee deferral lien process, and adopt this replacement resolution which establishes a new fee for the fee ! deferral lien. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Amend Planning and Land Use Fees i RESOLUTION SECTION 1. - Resolution No. 1740. Planning and Land Use Application Fee Schedule and Fee Schedule Notes Amended - Exhibit E Superseded. The attached and revised Exhibit A shall supersede in its entirety Exhibit E to Resolution No. 1740. SECTION 2. - Savincis. Resolution No. 1740 and the fees j established by that resolution and its applicable exhibits, which are amended by this resolution, shall remain in full force and effect until the date the new fees are assessed and collected in accordance with this resolution. 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. SECTION 5. - 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. 2 Amend ' Planning and Land Use Fees I SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. However, the new fee schedule adopted by this resolution shall not take effect nor be assessed and collected until the effective date of Ordinance No. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of May, 2010. CONCURRED in by the Mayor of the City of Kent this day of May, 2010. SUZETTE COOKE, MAYOR ATTEST: 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 May, 2010. BRENDA JACOBER, CITY CLERK P 1Gvd\Rcso{u[ion\DefcrrafOtFccsRcaulution docx 3 Amend Planning and Land Use Fees 1 Exhibit"E' City of Kent Planning and Land Use Fees Permit A lication Type Fee Notes Accessory Dwelling Unit $54 (1) Appeal of Administrative Interpretation / Decision $215 Appeal of SEPA Determination $215 Appeal of Short Plat $215 Binding Site Plan $539 Binding Site Plan Modification S323 / $431 (2) Code Text Amendment $539/ $1,616 (12) (13) Combining Districts $1,616 (12) Comprehensive Plan Map Amendment $1,616 (12) Comprehensive Plan Text Amendment $1,616 (12) Conditional Use $2,154 (15) Downtown Design Review $215 / $539 (3) (16) Fee Deferral Lien $202 (20) Lot Line Adjustment $323 (4) Lot Line Elimination $108 (5) Mixed Use Design Review $539 (16) Multi-Family Design Review $539 + S11/unit (16) Multi-Family Dwelling Tax Exemption - Conditional Application S150 + $25/unit (18) Multi-Family Dwelling Tax Exemption - Final Application $150 (19) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $100 Multi-Family Tax Exemption Extension of Conditional Certificate $100 Tentative Planned Unit Development Plan $269 Planned Unit Development Plan $2,693 + $50/unit Planned Unit Development Plan Modification $269 / $808 (6) Plat Modification/Alteration Minor 1/4 of plat fee Minor/Major Major 1/2 of plat fee (17) Pre-Application Conference $269 Public Notice Board $108 (7) SEPA Checklist $269 / 5754 (8) SEPA Modification $81 / $269 (9) SEPA Exempt Determination $215 SEPA Environmental Impact Statement $2,154 + deposit (10) Shoreline Conditional Use $1,292 (15) Shoreline Exempt Determination 5215 Shoreline Substantial Development $1,077 Shoreline Variance $808 (15) Short Plat (2-4 lots) $808 Short Plat (5-9 lots) - Tentative Plat $269 Short Plat (5-9 lots) - Preliminary Plat $2,154 + $54/lot 1 Permit Application Type Fee Notes Short Plat (5-9 lots) - Final Plat $1,616 + 522/lot Sign Permit S162 Special Home Occupation Permit $323 (15) Subdivision -Tentative Plat $269 Subdivision - Preliminary Plat $3,770 + $54/lot Subdivision - Final Plat $2,154 + $22/lot Temporary Use $108 / $269 / $162 (11) Temporary Sign $81 Variance - Administrative $323 Variance - Single Family Dwelling $323 (15) Variance - Sign &Other than Single Family Dwelling 52,154 (15) WTF Administrative Permit $323 WTF Conditional Use $2,154 Zone Map Amendment (Rezone) $2,154 (12) Zoning Permit/ Site Plan Review $27/ $54/ value (14a-14e) (16) Zoning Determination / Compliance Letter $54 (CONT.) Exhibit "E" ' City of Kent Planning and Land Use Fees CITY OF KENT PLANNING AND LAND USE FEE SCHEDULE NOTES (Effective October 21, 2004) (1) $54 fee is applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling unit in a single-family residential zone. The fee Includes the cost of the Planning Services Office recording of the accessory dwelling unit covenant documents with King County. An accessory living quarters in a commercial or industrial zone is subject to the applicable construction value-based fee. (2) Any changes to an approved, but unrecorded Binding Site Plan are subject to the $323 fee for a modification to a Binding Site Plan. Any changes to a recorded Binding Site Plan are subject to the $431 fee for a modification to a Binding Site Plan. (3) The $215 fee is applicable to minor alterations and improvements. The $539 fee is applicable to all new buildings, redevelopment, and major alterations and improvements. (4) Fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. (5) The $108 fee is applicable to the elimination of lot lines between two or more parcels in the same ownership. The fee includes the cost of the Planning Services Office recording of the lot line revision documents with King County. All other types of lot line adjustments, except for a lot line elimination, are subject to the lot line adjustment fee schedule. (6) Any minor change to an approved Planned Unit Development Plan is subject to the $269 fee for a modification. Any major change to an approved Planned Unit Development Plan is subject to the $808 fee for a modification. (7) The Planning Manager has the authority to change this fee as needed to cover City expenditures I (8) The $269 fee is applicable only to SEPA review of construction of one single family dwelling on an individual parcel All other SEPA checklist applications are subject to the $754 fee. (9) The $81 fee is applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. All other modifications to a SEPA determination are subject to the $269 fee. (10) $2,154 fee plus a deposit, equal to the estimated cost of contract services necessary to complete the EIS process, must be submitted to the city (11) Temporary Use Permits 0-30 days .............................$108 31-90 days.............................$269 Extensions beyond 90 days ......$162 (12) Application requires public hearings. If multiple permit applications which require the same hearing procedure are submitted at the same time, the applicant will be charged the full fee for the permit , application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (13) The $539 fee is applicable to amendments to Single Family Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $1,616 fee. (14) a) The $27 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor addition of less than 25% of existing floor area, interior remodel or accessory building of 500 square feet or less on the same lot as the existing dwelling. b) The $54 fee is applicable for Major Single Family Dwelling Construction on an existing dwelling such as major addition of more than 25% of existing floor area or an accessory building of more than 500 square feet on the same lot as the existing dwelling. c) All new single family dwelling construction in a residential zone is subject to the following fee schedule: Development Services Construction Value Fee $0 - $74,999 ...$54 $75,000-$124,999 ........................... $108 ' $125,000 - $224,999 .......................$215 Over $225,000 ..... .......................... $323 d) All new buildings, tenant improvements, an accessory living quarters in a commercial or industrial zone and other construction and development activity, other than single family dwelling construction, is subject to the following fee schedule: Development Services Construction Value Fee $0 - $99,999 ........... . $359 $100,000-$249,999 ......................... $718 $250,000 - $499,999 ....................... $1,077 $500,000 - $999,999 ....................... $1,436 $1,000,000 - $4,999,999 ..................$2,154 $5,000,000 - $10,000,000 ................$2,872 Over $10,000,000. ..........................$3,590 e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements. The combined total of the cost estimates for all development on the site shall be the established value basis for the zoning permit fee [as listed in 14c or 14d categories above as appropriate]. (15) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a HE decision are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (16) Application fees may be reduced by 75% if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and downtown design review Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use development where the commercial and residential uses are not ' located within the same building (17) Plat alteration fees are determined after review whether the changes requested are minor or major A minor change is done administrative and the fee is 0 27 the cost of the original preliminary plat fee. A major change requires a public hearing or meeting and the fee is 0.54 the cost of the original preliminary plat fee. A public notice board is required for a major alteration. (18) The maximum fee shall be $539. (19) These funds are distributed to the King County Assessor's Office by the City. (20) A fee deferral lien may be used in association with building permits and water permits associated with single family residential homes built for resale. Any fee deferral shall include drainage system development fee, water system development fee, traffic mitigation payments and school impact fees. P \Civil\Resolution\DeferralOfFeesResolution docx Kent City Council Meeting Date May 18, 2010 ' Category Bids - 8A 1. SUBJECT: SR 516 AND 4T" AVENUE IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on May 11, 2010, with five bids received. The low bid was submitted by Westwater Construction Company in the amount of $518,821. The Engineer's estimate was $555,632.43. ' 3. EXHIBITS: Public Works Memo dated 5/11/10 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 AC ION:I Councilmember moves, Council member P7TOW seconds 11 ' to award the contract to Westwater Construction Company in the amount of $518,821 for the SR 516 and 4`h Avenue Improvements project. DISCUSSION: ACTION: �G PUBLIC WORKS DEPARTMENT Timothy 1. LaPorte, P.E., ' Public Works Director KENTAddress: 220 Fourth Avenue S WASHINGTON Kent, WA 98032-5895 Phone 253-856-5500 Fax. 253-856-6500 DATE: May 11, 2010 ' TO. Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E , Public Works Director RE: SR 516 and 4th Avenue Improvements 1 The bid opening for this pro3ect was held on May 11, 2010 with five bids accepted The low responsive bid was submitted by Westwater Construction Company, in the amount of $518,821.00 The Engineer's estimate was $555,632 43. The Public Works Director recommends awarding this contract to Westwater Construction Company. Bid Summary: 1. Westwater Construction Company $518,821.00 2. Road Construction Northwest $521,159.85 ' 3. Rodarte Construction, Inc. $553,697 10 4. R. W Scott Construction Co. $555,242.65 5. Merlino Bros LLC $625,327.75 Engineer's Estimate $555,632.43 I 1 ' REPORTS FROM STANDING COMMITTEES AND STAFF 1 A. COUNCIL PRESIDENT OL yr avf) l�-udf B. MAYOR 1 � C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE 74' G. PUBLIC WORKS COMMITTEE H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES KENT 1 ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES April 12, 2010 Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger Chair Perry called the meeting to order at 5.00 p.m. 1. APPROVAL OF MINUTES Albertson MOVED and Ranniger SECONDED to approve the March 8, 2010 Minutes. Motion PASSED 3-0. 2. Panther Lake Annexation Zoning Comprehensive Plan Land Use & Zoning Maps fAZ-2009-11 Hearing Long-Range Planner William D Osborne stated that staff anticipates going before City Council in May to adopt zoning prior to the effective date of annexation on July 1st. Osborne discussed urban separators, the Land Use and Planning Board's (LUPB) recommendation and consideration of citizen proposals. I Osborne stated that the City of Kent's Growth Management Act Comprehensive Plan and regulations must be consistent with the Countywide Planning Policies (CPP) of King County He stated that Kent and other King County cities that comprise 70% of the population ratify the CPPs which include Urban Separator Policies and the map designating those urban separators. King County will begin the process of revisiting urban separators in 2014 at which time the City will have opportunity to consider them. ' Osborne stated that the LUPB adopted staff's Alternative 2 that provided Kent Comprehensive Plan Land Use Designations consistent with existing King County Zoning and then suggesting Kent Zoning that could best fit those designations One change between ' Alternative 1 and 2 is that the balance of the former Panther Lake Elementary School site located on the corner of 208"' and the Benson Rd would be designated as Community Commercial, Mixed Use (CC-MU). ' Osborne stated that Kent is proposing to apply Mobile Home Park (MHP) designations for a number of Mobile Home Park areas in the County that carry Single Family (SF) or Multifamily (MF) Designations. Osborne characterized each of the following citizen proposals defining them as. the Ruth Proposal, the Holmberg/Morford Proposal, the Beckwith Proposal, and the O'Brien Proposal. Osborne stated that staff has further considered their original Neighborhood Convenience Commercial (NCC) zoning recommendation for the Ruth Proposal which addressed the County's scale of development and included an option to consider Community Commercial, Mixed-Use Zoning, as King County encourages a mix of uses both in their commercial Comprehensive Plan Land Use Map and Zoning District Map designations. Osborne stated that the property associated with the Herman Proposal is currently designated R-4 in the County with staff not recommending any changes from the LUPB's recommendation (of SF-4.5/SR-4.5). Osborne stated that the Leever Proposal considers an area adjacent to an existing urban separator The City is looking at urban separators as a countywide planning policy issue and recommends addressing this proposal at some future time Staff supports the LUPB's original recommendation. Osborne stated that the Bowditch proposal is an applaudable planning goal which encourages increasing land use intensity particularly in proximity to transit He stated that were staff to move forward on this proposal, approximately 650 to 700 parcels would need notification to move forward with this proposal as written The actual development of multifamily projects requires a significantly larger amount of area than a one parcel depth 2 , and staff is reluctant to define exactly where in any given neighborhood adjacent to existing , or planned arterials where that line would be drawn. There is no certainty that this proposal would realistically encourage development of multifamily Osborne asked the Committee to clarify if they felt it would be desirable for staff to move forward on this for further analysis. Osborne submitted for the record 1) a letter dated April 12, 2010 from Stephen Bowditch to clarify the geographic extent of his proposal, 2) An email dated April 8, 2010 from Mike Rountree in support of the Ruth Proposal, 3) An email dated April 10, 2010 from Marcia Prater in support of the Ruth Proposal, (4) An email dated April 12, 2010 indicating opposition to the Bowditch proposal, (5) one email in opposition to the Herman Proposal, and (6) one letter via email and hard copy from William and Candi McKay indicating their opposition to the O'Brien proposal. Osborne assured Perry that the Committee would be , provided copies of those submittals. With regard to the Ruth proposal, Osborne spoke about an option to apply a Community Commercial/Mixed Use character which encourages more pedestrian orientation with relaxed parking standards for the commercial at the southeast corner of southeast 192nd Street and 108th Avenue This designation allows for more flexibility. Ranniger MOVED and Albertson SECONDED a Motion to Open the Public Hearing. Motion PASSED 3-0. Perry declared the Public Hearing open. William Prater, PO Box 1804, Bellevue, WA 98009 submitted a letter for the record in ' support of the Ruth Proposal asking for consideration to include their lot as part of the Ruth proposal He stated that he would like additional zoning options applied to his property, as he prepares to sell his home Mike Rountree, 10847 SE 192"d St., Renton, WA spoke in support of the Ruth proposal requesting his property be included in the Ruth proposal to give him more flexibility and options to market his property as multi-use ' Larry Armstrong, 19637 116th Avenue SE, Kent. WA spoke in opposition to the O'Brien proposal as it would destroy Panther Lake and the surrounding habitat Gary Johnson, 19645 116th Avenue SE, Renton, WA spoke in opposition to the O'Brien proposal He stated that Panther Lake needs protection to survive. William McKay, 19821 116th Avenue SE, Kent, WA spoke in opposition to the O'Brien proposal He stated that the lake area is an ignored and neglected resource with sensitive areas, wetlands and wildlife habitat which needs to be protected and preserved by maintaining the area as a greenbelt and urban separator. Jon Ruth 19400 108th Avenue SE Renton WA upon receiving clarification from Osborne on the zoning classifications for his property, Ruth stated that he supports staff's option for the Ruth proposal and would encourage staff to consider including the Rountree and Prater property as part of the Ruth proposal Mark Duncan, 221 South 28th Street, Tacoma, WA questioned the permitting process for property located in the Panther Lake Annexation area. Perry deferred to Satterstrom to address his permitting concerns. Cham Farkas, 11011 SE 192"d Street, Kent, WA asked staff to define the boundaries of the Ruth proposal, stating that she would like her one-third acre parcel to be included in the Ruth proposal Osborne stated that the Farkas property is currently zoned (R-12) 12 units per acre in the County, and that commercial designations for the Farkas parcel had not been analyzed to this point in time Osborne stated that inclusion of the Farkas parcel in the Ruth Proposal would require further staff consideration and another public hearing. Staff and the LUPB's recommendation are to adopt (MRG) Multifamily Residential Garden Density 16 units per acre zoning which allows apartments for that property. ECDC Minutes April 12, 2010 Page 2 of 6 3 Christian Etheridge 21642 148th Avenue SE Kent. WA stated that he owns the Side Track Pub and Eatery at 1081h and 2081h He stated that he legally carries a license for tabletop card gaming under King County statutes He stated that he has carried this license for two years, building up his business through holding Texas Hold-um tournaments Etheridge 1 voiced his concern that with the annexation, he would no longer be able to hold this license which has become very important to his business. Perry stated that legislation has allowed house-banked card games within the annexation area Perry further stated that Etheridge's establishment is not house-banked, so therefore, he would not be allowed to continue with his license She stated that there is no venue to allow grandfathering of the license, as the Revised Code of Washington (RCW) has not given 1 Kent the ability to do that. Dan Barrett 11436 SE 208th Street, Kent, WA stated that at one time the Board of the Pantera Lago Homeowners Association and a board member from the Association of 1 Manufactured Homeowners (a statewide organization) advocated for the interests of 72,000 Washington residents who own manufactured and mobile homes Barrett stated that he and his colleagues from the Pantera Homeowners Association support Alternative One (1) as it pertains to mobile home parks within the annexation area. Barrett stated that staff's narrative omits a 15 unit mobile home park at 11320 SE 208th Street, encircled by Pantera Lago Estates, known as East Hill Estates with a different owner. Barrett suggested adding East Hill Estates to the narrative under Alternative 1 in order to avoid any question arising from its omission. Jim Doian, 11214 SE 196th Street, Renton, WA spoke in opposition to the Ruth and O'Brien proposals He stated that the O'Brien proposal would create the potential for higher densities that would exacerbate flooding and drainage issues. The Ruth proposal would increase traffic volume and create access issues to the Ruth property Parking would become problematic. 011ie Burton 11007 SE 196th Street, Renton, WA stated that the City needs to take measures to correct drainage and maintenance issues with respect to a drainage ditch (tile) that runs from 196th Street to the Benson Highway Burton stated that although he is not opposed to new residential development, no further development should occur within the vicinity of Panther Lake until the drastic drainage problem is fixed Mr. Burton submitted a letter for the record dated April 12, 2010 opposing zoning changes in the Panther Lake Drainage Basin and a copy of an 1893 deed showing Panther Lake and the drainage ditch. Valerie MatinJussi, 11220 SE 204th Street, Kent, WA stated that Panther Lake is a 10,000 year old glacier made lake with a natural shoreline that needs protection. Development could turn the lake into a toxic waste health hazard from the pouring of pollutants and storm water runoff into the lake She alluded to her opposition to the O'Brien proposal. Robert MatinJussi, 11220 SE 204th Street, Kent, WA on behalf of himself and his wife Valerie spoke against the O'Brien proposal He stated that the lake needs protected and it has a lot to offer the community Matinjussi voiced concern that too much development will result in increased pollutants and contaminants and destroy natural habitat. He asked that the zoning for Lake Jolie should remain R-1. Paul Morford, PO Box 6345, Kent, WA stated that he has no vested interest in the property defined as the Holmberg/Morford proposal. He stated that he had read and submitted for the record a letter written by Shupe Holmberg with Holmberg and Baima Engineering on behalf of his neighbor proposing zoning that his neighbor desired for his property Morford stated that he would recommend MR-G zoning for this property which would be greater than or equal to the zoning that King County currently allows and would comply with the GMA. Osborne stated that staff recommends that the LUPB recommendation stand. Ken Nelson, 11441 SE 196th Street, Kent, WA spoke on behalf of his wife Carol and himself in opposition to the O'Brien proposal, stating that the R-1 or the City's equivalent zoning ECDC Minutes April 12, 2010 Page 3 of 5 4 should stand out of respect for the topography of Panther Lake, a large drainage basin. Nelson submitted three pictures for the record with the view from two of those pictures facing south and one facing north from his property. Camille O'Brien, 19619 116th Avenue SE, Renton, WA stated that her proposal requests that both sides of 1161h be zoned SR-6 for consistency. O'Brien stated that she enjoys the lake, the habitat and wetland area She stated that if zoning were to change to SR-6 there are factors in place to protect the lake, citing the Critical Areas Ordinance, the Shoreline Management Act, and setback requirements. O'Brien stated that she would be fine with a ' SR-1 zone as long as there is consistency. She stated that she would be fine with SR-1 as long as there is consistency Ranniger MOVED and Albertson SECONDED a Motion to Close the Public Hearing. I Motion Passed 3-0. Perry stated that a motion is in order for submittal of some exhibits. Whereupon, , Albertson MOVED to enter into the record Mr. 011ie Burton's two page letter protesting the proposed Panther Lake drainage basin properties and an original plat map from July 3, 1893; and entered into the record three (3) photographs submitted by Mr. Ken Nelson taken on or around 11441 SE 196th Street residence. Motion PASSED 3-0. After deliberating, Ranniger MOVED to adopt the Comprehensive Plan Land Use Map and Zoning Districts Map Designations per the recommendation of the Land Use and Planning Board's Alternative Two with the following amendments and changes: Adopting the Ruth Proposal with a CC-MU zoning, adopting the Holmberg/Morford (Toshi) proposal for Low-Density Multifamily (MR-G) zoning, adopting the Leever Proposal for Single Family Residential/One Dwelling Unit Per Acre (SR-1) zoning, and adopting corresponding Comprehensive Plan Land Use Map Designations of; Mixed Use (MU) for the Ruth Proposal, Low Density Multifamily (LDMF) for the Holmberg/Morford Proposal, and Urban Separator (US) for the Leever Proposal. Albertson SECONDED the MOTION. Motion PASSED 3-0. 3. Capital Facilities Element Comprehensive Plan Amendment Transportation rCPA-2009-1(A)1 Planning Manager Charlene Anderson stated that this is a housekeeping amendment to the Capital Facilities Element of the Comprehensive Plan to update the inventory of roads and bridges and to reference the 2008 Transportation Master Plan Albertson MOVED to recommend to the Full Council approval of an amendment to the Capital Facilities Element of the Kent Comprehensive Plan related to inventories of streets and bridges and reference to the 2008 Transportation Master Plan as recommended by the Land Use & Planning Board. Ranniger SECONDED the Motion. Motion PASSED 3-0. 4. Countywide Planning Policies, Amendments, Allocation of Regional Services and Facilities, and Growth Targets Anderson stated that amendments to the Countywide Planning Policies come before the City Council periodically and have been approved by the Growth Management Planning Committee (GMPC) and King County (KC). The current motions approved by the GMPC adopts a work program and schedule to address a policy framework for allocation of regional services and facilities and update existing policies and Table LU-1 in the Countywide Planning Policies to provide the most current housing and employment targets for the period of 2006-2031. j ECDC Minutes April 12, 2010 Page 4 of 6 5 Ranniger MOVED to 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 1 updating existing policies and Table LU-1 to provide for housing and employment targets for the period 2006-2031. Albertson SECONDED the MOTION. Motion PASSED 3-0. S. Deferral of Certain Development Fees fSCA-2009-21 Principal Planner Matt Gilbert stated that a discussion before the Economic and Community ' Development Committee in January considered the challenges facing developers in these difficult economic times and contemplated potential solutions the city might enact to address some of those challenges and lessen the financial impacts to builders and home- buyers. Gilbert stated that it has been Kent's practice to collect mitigation fees early in the development process requiring a major outflow of cash for the builder. Gilbert stated that staff is recommending deferring those mitigation fees in order to lessen financial impacts related to a range of impacts that include, water system development, storm system development, traffic system and school impact fees. Gilbert stated that mitigation fees can be tracked. Gilbert stated that water connection fees are fees for service, and Parks and Sidewalk mitigation fees require payment prior to the subdivision of land; therefore those fees are not included in the fee deferral recommendation. Gilbert stated that staff recommends deferring fees for Single Family homes. The fees for a typical single family home are about $20,000 with about $15,000 used for mitigation payments with the remainder used for plan review fees, inspection fees, and administrative costs. Gilbert stated that deferring the mitigation payments until the sale of those homes would not impact the general fund that pays for staff time to provide the review and inspection services. Gilbert stated that staff is proposing if a builder wishes to defer fees that the builder authorize the City to record a lien against their property for the amount of fees owed that would be paid upon sale of the home through an escrow process whereby any liens would be cleared and the city would be paid. Gilbert stated that the City's legal department is drafting language to clarify this procedure and to incorporate language that would require builders to notify buyers through the normal disclosure process that those fees would be ' paid before title is transferred. Gilbert stated that in establishing a new fee collection system staff is considering the costs associated with lien recordation and staff time with an estimated cost to the city of $140 for each lien or approximately 1.5 hours of staff time plus recording fees, and that this fee amount may need to be revised if more time is ultimately needed to create and track each lien ' Perry stated that the ECDC will hold a public hearing on this issue in May. Garrett Huffman, Master Builders Association, Bellevue, WA clarified that the deferred fees are not added to the cost of a home, concurred with staff that the builder needs to disclose this information to the homebuyer and stated that the builder is obligated to pay those fees not the homeowner. If the builder goes bankrupt, the lien remains on the title which would have to be cleared out of escrow. Hans Korve, DMP Engineering, 726 Auburn Way N, Auburn, WA stated that this proposal will impact those folks he represents with projects still out there. He spoke in favor of staff's proposal suggesting that staff consider bundling sidewalk and park fees with the other fees as discussed so that only one payment needs to be made ECDC Minutes April 12, 2010 Page 5 of 6 6 Albertson MOVED to direct staff to prepare development related fee deferrals for ' consideration in a public hearing before the ECDC. Ranniger SECONDED the Motion. Motion PASSED 3-0. 6. Economic Development Report Economic & Community Development Director Ben Wolters stated that the economy is slowly making a positive turn He stated that the City has received a proposal from Exotic Metals, an aerospace manufacturer in Kent He stated that they have purchased a building next door to their existing facility as part of a plan for expansion that would add 100 new employees Wolters stated that improvements to the building won't trigger the threshold of half the appraised value that would trigger additional flood plain regulations Wolters stated that staff is working with them to expedite their permitting and answer any other questions Wolters stated that he believes this is part of a larger national and regional picture citing that in March the manufacturing index grew to 59 611/D, an increase of 3 1 percent compared to February. An index of 50% or higher indicates growth and when that index drops below 50% the industry is contracting. Wolters stated that although manufacturing is picking up across the board it is not necessarily an indicator of new employment Within the manufacturing industry, existing staff are being worked hard to meet new order requirements leading to signs of pending burnout which will break the industry and necessitate hiring additional staff Wolters stated that staff and development partners Heinz Mortensen and L & N Architects conducted a site tour on April 2rd with four representatives from the General Service Administration (GSA) and the Federal Aviation Administration (FAA). He stated that the GSA and FAA were impressed with staff's proposal. Wolters stated that the GSA and FAA , will rank the sites they have toured, inform the market place of their ranking in order for those markets to determine if they wish to remain in the competition based on their ranking. Wolters stated that the City received 40 new residential permit submittals in March, the largest number submittals for homes in over 3 years. Informational Only 7. Downtown Zoning Discussion Planning Director Fred Satterstrom stated that the Downtown Commercial Enterprise (DCE) zone is the downtown urban centers dominant commercial zone The DCE zone (created in the 90s) allows intense urban style development with few restrictions. Development standards allow virtually 100% site coverage with no height limitations and reduced parking ' standards. Satterstrom stated that since development standards were less restrictive the city implemented a design review process to control the aesthetic environment. Uses in the , DCE zone include a broad range of retail uses, offices, personal services, multifamily such as condominiums, apartments, senior housing and retirement homes. Perry directed staff to prepare a report for the next Committee meeting on DCE zoning as ' well as the design review standards and process Perry stated that it is time to reevaluate the DCE zone for relevancy with Ranniger suggesting allowing Mixed-Use in the NCC zone Informational Only Adiournment Perry Adjourned the Meeting at 8.05 p.m. Pamela Mottram Economic & Community Development Committee Secretary P\Planning\ECDC\2010\Minutes\04-12-10_Mi a doc ECDC Minutes 1 April 12, 2010 Page 6 of 6 KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES April 13, 2010 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair The meeting was called to order by Chair Harmon at 5:02 PM. • Elizabeth Albertson attended the meeting for the excused absence of Les Thomas • Chair Harmon noted that item 9 will be removed from the agenda. 1. Approval of Minutes D. Higgins moved to approve the minutes of the March 9, 2010 meeting. The motion was seconded by E. Albertson and passed 3-0. 2, Washington Traffic Safety Commission $8,200 grant award - ACCEPT Chief of Police Steve Strachan stated the funds will be used for sergeant and officer overtime to conduct four Illegal Racing enforcement sweeps during the summer. E. Albertson moved to recommend that Council authorize the Kent Police 1 Department to accept the Washington Traffic Safety Commission grant in an amount not to exceed $8,200. The motion was seconded by D. Higgins and passed 3-0. 1 3. Washington Traffic Safety Commission grant application - AUTHORIZE Chief Strachan explained the proposed grant would provide funding for illegal racing emphasis patrols and associated equipment needs. D. Higgins moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission grant in an amount not to exceed $30,000. The motion was seconded by E. Albertson and passed 3-0. 4. Washington State Parks Department, Marine Law Enforcement grant application- AUTHORIZE Chief Strachan stated the proposed grant would fund marine patrol overtime during the grant period of July 1, 2010 through June 30, 2011 ' E. Albertson moved to authorize the Kent Police Department to apply for the Washington State Marine Law Enforcement Grant in an amount not to exceed $9,575.76. The motion was seconded by D. Higgins and passed 3-0. rS. Department of Transportation, Safe Routes to School grant applications - AUTHORIZE Chief Strachan and Research and Development Analyst D. LeRoy explained the three grant applications are for the purpose of providing children a safe, healthy alternative to riding the bus or being driven to school. The Police and Engineering Departments are working together to select 3 schools for the application submissions. D. Higgins moved to authorize the Kent Police Department to apply for three Washington State Department of Transportation Safe Routes to School grants. The motion was seconded by E. Albertson and passed 3-0. 6. King County Community Organizing Program mini-grant - AUTHORIZE L Chief Strachan stated the proposed grant will help fund the "What's in Your Home?" town hall meeting to be held on May 6, 2010 at the Kent Senior Center from 6 to 8 p m E. Albertson moved to authorize the Kent Police Department to apply for a King County Community Organizing Program mini-grant in the amount of $500. The motion was seconded by D. Higgins and passed 3-0. ' 7. Federal Substance Abuse and Mental Health Administration mini-grant — ACCEPT Chief Strachan stated the funds will be used to support the "What's in Your Home?" town hall meeting to be held on May 6, 2010 at the Kent Senior Center from 6 to 8 p m E. Albertson moved to authorize the Kent Police Department to accept the , Federal Substance Abuse and mental Health Services Administration mini-grant in the amount of $500. The motion was seconded by D. Higgins and passed 3-0. S. Keep America Beautiful, Graffiti Hurts Program grant application - AUTHORIZE Chief Strachan stated the proposed grant will help fund youth community service projects to remove graffiti in our community by working with the King County Juvenile Diversion Program. D. Higgins moved to authorize the Kent Police Department to apply for the Graffiti Hurts grant in the amount of $2,500. The motion was seconded by E. Albertson and passed 3-0. The meeting adjourned at 5:18 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 April 13, 2010 PUBLIC WORKS COMMITTEE MINUTES Monday, April 19, 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 4.02 p.m ITEM 1 - Approval of Minutes Dated April 5, 2010: Committee Member Higgins moved to approve the minutes of April 5, 2010. The motion was seconded by Harmon and passed 3-0. ITEM 2 - Information Only/SR 516 & 4th Avenue Improvements: Mark Howlett, Design Engineering Manager presented an informative PowerPoint Presentation. ! Howlett went over the project description and showed a map and several photographs of the area. He stated that the project is currently out for bid and if all goes well will be accepted by Council at the May 4th Council meeting Howlett further noted that work has been coordinated with the ShoWare Center and other City departments to ensure that construction will not disrupt scheduled events. Total funding for this project• $149,000 - Washington State Department of Transportation $171,000 - Kent Station Mitigation $467,000 - City Funds $787,000 - Total Cost Information Only/No Motion Required ' ITEM 3 - SR 516 and 4th Avenue Improvements Consultant Agreement w/Magnan Consulting Services Inc: Mark Howlett, Design Engineering Manager, explained that Engineering designed an intersection improvement project as part of the Kent Station Project mitigation and is hoping that this project will move forward in June of this year The construction of this project involves materials testing and soils engineering/inspection that is beyond the scope of expertise of City staff Magnan Consultant Services is a State Certified testing laboratory and is qualified to do the work The amount of the contract is $25,147 50 Harmon moved to authorize the Mayor to sign a consultant services contract with Magnan Consultant Services Inc, in the amount of $25,147.50 for the purpose of providing materials testing and inspection services related to the SR 516 & 4th Avenue Improvements Project with concurrence of the language therein by the City Attorney and Public Works Director. The motion was seconded by Higgins and passed 3-0. ITEM 4 Information Only/East Valley Highway Improvements - Construction Progress: City Engineer, Chad Bieren explained that he is bringing this item to committee members due to the new administrative policy 1 1 which states that staff shall advise the City Council when change orders on a project exceed $65,000. Bieren presented an informative Power Point presentation which included project funding, photographs of the area and work that is currently in progress as well as a visual depiction of a City Road Right-of-Way and what the underground utilities look like. ! Bieren went on to explain that work on the East Valley Highway improvements project is roughly 70% complete; underground utility work is done and the contractor is now focusing on completing sidewalk, curb and gutter on the west side of the street - the same features have been completed on the east side It is anticipated that all major construction items will be PUBLIC WORKS COMMITTEE MINUTES Monday, April 19, 2010 finished this summer and that clean-up items will be completed in the fall. New travel lanes to be open for use in the early fall. Construction has progressed steadily and has included a number of changes, mostly related to utility installations The cumulative change orders on the East Valley Highway Improvements project total $62,292 Underground utility conflicts generally make up the majority of change orders on City's Public Works construction projects. Bieren ended his presentation stating that , the East Valley Highway took eight years to secure funding and that Federal Stimulus funds are being used s Information Only/No Motion Required New Administrative Policy 1.1 states that staff shall advise the City Council when change orders on a project exceed $65,000. ITEM 5 — Resolution/Tacoma Second Supply Project (SSP) Hybrid Filtration and Bond Sale: Water Superintendent, Brad Lake explained that Tacoma and the Second Supply Project (SSP) partners have been evaluating several different options for the treatment of the Green River water supply to meet the Environmental Protection Agency requirements for long term treatment , of surface water sources to ensure removal or inactivation of cryptosporidium, which must be completed by 2014 A jar of water from the recently cleaned Guiberson Reservoir was passed around giving Councilmembers a visual of what turbidity looks like , There is a significant financial benefit for Kent to participate in this approximately $169 million bond sale with the other SSP partners. Kent's share totals approximately $19 million dollars or approximately 11% of the total project cost, and subsequent bond sales to fully complete the project Lake stated that the funds for payment of the debt service required by this bond sale have been included in the current rate structures for the Kent water system and was approved by the Kent City Council. Councilmember Higgins asked that this item be brought back once we know what is spent and how much we save. Higgins move to authorize the Mayor to sign all documents necessary to form and construct the Hybrid Filtration alternative for the Tacoma Second Supply project, to participate with the SSP partners to select the most economically advantageous bonds , and to issue those bonds as necessary to complete construction of the Hybrid Filtration alternative. The motion was seconded by Harmon and passed 3-0. Item 6 — Information Only/Railroad Grade Separation Funding_ Public Works Director, Tim LaPorte very briefly explained the funding of the railroad grade separation. He stated that this item will go to Council Workshop on May 4, 2010 and then to Council that night as "Other Business". Information Only/No Motion Required Adiourned: The meeting was adjourned at 4:54 p.m. Cheryl Viseth, Public Works Secretary ' t CONTINUED COMMUNICATIONS t 1 1 t t 1 t 1 1 t ` t 1 t 1 t EXECUTIVE SESSION act' c� I n !C� ACTION AFTER EXECUTIVE SESSION �ri-I-rTd pCi I- w� can 4-o io 'J `J er MG