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City Council Meeting - Council - Agenda - 09/20/2011
CITY OF KENT AgendaCity Council Meeting September 20, 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon Sill %%i 11 Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT September 20, 2011 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. Envision Midway Update Gloria Gould-Wesson 20 minutes 3. Executive Session/Property Negotiations/Kent City Center ********************************************************************** 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. Public Safety Report 5. PUBLIC HEARINGS A. 2012 Budget B. 2012-2017 Capital Improvement Plan 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Excused Absence for Council President - Approve D. Ordinance Amending Regulations & Standards for Development - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED E. 2011 Emergency Management Performance Grant — Accept F. Corrections Facility Ordinance — Adopt G. Drug Free Communities Grant — Accept H. 2011 Justice Assistance Grant — Accept I. Washington Traffic Safety Commission Grant Memo of Understanding — Accept J. Kent Kangley Pedestrian Safety Grant — Accept K. Archaeological Survey Contract — Authorize L. Materials Testing Contract — Authorize M. Sanitary Sewer Easement and Covenant — Authorize S. OTHER BUSINESS A. Tacoma Regional Water Supply System Contract - Authorize 9. BIDS A. Smith Street Left Turn Lane at Lincoln Avenue — Award B. Foster Park Pump Station — Award 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION 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.KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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Y T° .TiVN x• Gma OS Gp v-6 IQJb E_JE N00O-6 U CmTiK C'O M TE 3 y > C F a y c=L= a 0 O,B N a H N M E'E c v m o-E oZ-0 3 U Es u v m m N E+' � v-o = L 3v- c ° • ._. o L Fo E I-«._ -D E E r -o > v-o E N y r o-c = m—L c a m:2 y d F p c � vE�Sn(pEGtroa> 0M �v-_�=acav=aao: > Occ Lva ..scpU amv° o o E o EroNoc._ EO O OE« `V E 'W F c�uE m�o L � roSYpOv Ha2 U t2UUUm LjiFU a N"a' b.•�°�nyE=NU L3y SE`mo ya.m. U O.�� l�'o m L = •Zu d O W z Z J J ii i ro a rJ > 3 3 a Uoa by o `c, v �^i ® unite N '�Nn U V J b NO —O JO ro U O cD J V cC (� c w = Vp- = E Ol O m E V��i �ry YY mro� U U oL. w d u'a 3 G N x 3 3 3 • Ld Y+.o E a o Lro w mU � a«c El 3 `0 % 19 ro c � oo ro E a y c cv u� o� c y ro oa ; uro« a Eci W ° E ' > • .c m>,m= y J -o9 of E roro«:a ac� m��m0 p� 3 • Um EEo � v � o eo roWy � mN � s � ceom % LG 3o c vQ c._ vy trpr'ri co O °- c y o u ao-y v .=per °m 2 c o.aTi w- y�. �•�'o �n c 'E N 3 o v �2 o Y h s m uwi m mEma m °'-v ° a Emo T3 tic oa U aLv- c v a Y �L•B p .. a y._ y a_ > � C C V YNt a CL v� pm d ¢ceH u mQV'> dE E roL Q mp I COUNCIL WORKSHOP 1) Intergovernmental Issues 2) Envision Midway Update 3) Executive Session/Property Negotiations/Kent City Center ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KENT Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 September 13, 2011 To: Council President Jamie Perry and City Council Members From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Through: Fred Satterstrom, AICP, Planning Director Subject: Envision Midway Update Council Workshop - September 20, 2011 INTRODUCTION: The intent of Envision Midway for Kent is to enhance the City's ability to attract a light rail station in the vicinity of Highline Community College and position the City to capture economic growth in a competitive regional market. The subarea plan and implementation strategies establish the vision and lay the groundwork for achieving the above outcomes. On December 6, 2010, the Land Use & Planning Board held a final public hearing and recommended approval of the Midway Subarea Plan (the Plan), Midway Design Guidelines, and amendments to the Land Use Plan and Zoning Districts Maps and Kent City Code. BACKGROUND: The Plan and implementation strategies promote environmental sustainability, economic development, and community in Midway. Allowing high intensity mixed use development, establishing design standards, and identifying necessary infrastructure investments, support the envisioned Midway transit oriented community and help alleviate developer risk. The following are key strategies and components: Midway Subarea Plan: 1. Envision Midway Land Use Scenario 4.0 - Defines the vision for Midway 2. New Land Use Plan Map Designation - Supports Link Light Rail and Bus Rapid Transit with higher density; 3. Market Flexibility - Diversity of uses that can stand alone or be combined; 4. Pedestrian Friendly - Short blocks, slowed traffic, connectivity, and multimodal; 5. Sustainable - Regional storm detention, encourage LEED and renewable energy; and 6. Infrastructure - Improved and new roads, new stormwater detention and parks. Midway Design Guidelines and Regulatory Changes: 1. New Zoning Districts - Support Link Light Rail and Bus Rapid Transit, modify auto- oriented zone, and create transitional zone to allow higher density while being flexible; 2. Expand Auto-Oriented Uses - Allow light industrial and live/work residential uses; 3. Affordable Housing - No change to Mobile Home Park zoning; 4. Building Heights - Increase height to 55' (5-stories) and 200' (16-stories); and 5. Pedestrian Friendly - Break-up large blocks using roads or pedestrian paths every 400'. On September 1, 2011, the City of Kent issued the Final Environmental Impact Statement (FEIS) for the Comprehensive Plan Review and Midway Subarea Planned Action. The Proposal analyzed in the Draft EIS issued October 22, 2010 and the Final EIS includes alternative growth strategies at a programmatic level for the Kent Planning Area (City Limits and Potential Annexation Area), as well as adoption of the Midway Subarea Plan and the implementing regulations recommended by the Land Use & Planning Board. The FEIS is accessible at www.kentwa.gov and has been placed in the Council's Conference Room. At the September 20th workshop, staff will present the Board's recommendations and will be available for questions. No action will be taken at this time. GGW/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\09201114emo.doc Enc: Att. A-Midway Subarea Plan; Att. B-Midway Design Guidelines; Att. C-Kent City Code Revisions; Att. D-Land Use Plan Map; Att. E-Zoning Districts Map;Att. F-EIS Website cc: Ben Wolters E&CD Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney File ATTACHMENT A MIDWAY SUBAREA PLAN CITY COUNCIL WORKSHOP SEPTEMBER 20, 2011 III KENT Al M, 5 W 4 MOB �1:3 "Y D N, CITY OF KENT Midway Subarea Plan Ordinance No. ### - Effective #### ACKNOWLEDGEMENTS The City would like to acknowledge and thank those who contributed to the development of Envision Midway (the Midway Subarea Plan). In addition to those listed below, numerous individuals provided insight, expertise, and other contributions that informed this plan. Kent City Council Mayor Suzette Cooke and John Hodgson, Chief Administrative Officer Jamie Perry, President; Debbie Raplee, former President; Elizabeth Albertson; Ron Harmon; Dennis Higgins, Deborah Ranniger; Les Thomas, Tim Clark, former Councilmember; Bob O'Brien, former Councilmember Kent City Staff Ben Wolters, ECD Dir, Fred Satterstrom, AICP, Planning Dir and Gloria Gould-Wessen, AICP, GIS Coordinator/Planner Other Kent City Staff: Charlene Anderson, AICP, Ping Mgr; Kurt Hanson, Econ Dev Mgr; Bob Hutchinson, Bld Official, Renee Cameron, Admn Asst; Katie Heinitz, Plnr; Matt Gilbert, Prncpl Plnr, Diamatris Winston, Plnr;William D. Osborne, AICP, Plnr, Ion Arai, Ping Intern, Pamela Mottram, Admn Sec; Miya Hadlock, Ping Intern, Tim Laporte, Public Wks Dir; Chad Bieren, City Engr; Mike Gillespie, Engrg Dev Mgr; Mark Howlett, Design Engrg Mgr; Mike Mactutis, Env Engrg Mgr; Kelly Peterson, Env Cnsrvtn Supervisor; Beth Tan, Env Engr III; Steve Mullen, Trnsp Engrg Mgr; Cathy Mooney, Sr. Trnsp Plnr; Kurt Palowez, GIS Spvsr; Sarah Burns, GIS Analyst; Jeff Watling, Prks and Community Srvs Dir; Katherin Johnson, Hsg & Hmn Srvs Mgr; Merina Hanson, Sr. Hsg & Hmn Srvs Plnr; Jason Johnson, Hsg&Hmn Srvs Plnr, Tom Brubaker, City Atty; Kim Adams Pratt, Asst City Atty; Robert Nachlinger, Fncl Srvs Dir; Robert Goehring, Fncl Srvs Audit Mgr; Brenda Jacober, City Clk; Mike Carrington, Info Tech Dir; Curt Ryser, Systems Mgr; Dea Drake, Multimedia Mgr; John Humphreys, frmr SystemsGrp Mgr; Pattie Garcia, Creative Art Dir/Coordinator; Kevin Casault, frmr Sr Systems Specialist, Sacha Coughran,frmr Multimedia Spclst II; Seth Frankel, frmr Video Prgm Coordinator; Mark Ciavarella, Multimedia Spclst II; Jim Schneider, Fire Chief, Jon Napier, Div Chief/Fire Marshall, Steve Strachan, Police Chief, Brendan Wales, Police Officer, Mark Gustafson, Police Sgt, Bob Holt, frmr Police Lieutenant, Cesi Velez, Public Ed Specialist Kent Land Use & Planning Board Members Dana Ralph,JackOttini,Navdeep Gill,Jon Johnson, Aleanna Kondelis-Halpin; Steve Dowell, Barbara Phillips and Alan Gray Des Moines City Council &Administration Mayor Bob Sheckler, Tony Piasecki, City Manager, Scott Thomasson, Carmen Scott, Dan Sherman, and Dave Kaplan Des Moines Staff Grant Fredricks, Director of Planning, Building and Public Works and Denise Lathrop, AICP, Planning Manager Other Des Moines City Staff: Steve Schenzel, GIS Coordinator, Jason Sullivan, Land Use Planner II; Brandon Carver, Associate Transportation Engineer, Kevin Tucker, Police Commander, Cass Prindle, Planning Agency Member Stakeholder Participants Sam Wentz, GIS Coordinator,WA State Dept. of Commerce formerly Community Trade& Econ Dev; City of Sea Tac- Dennis Hartwick, &Michael Scarey-Sr Plnrs, Scott Kirkpatrick, Transit-Oriented Dev Mgr, Eric Chipps, Prj Mgr, Office of Planning & Policy, and David Goldberg, Project Dev Coordinator with Sound Transit, Tom Washington, Sr.Transportation Plnr, Urban Ping Ofc, and Susan Everett, Engr Mgr& Urban Corridors Prj Dev Engr with WSDOT, Katie Chalmers, Transp Plnr II, and Jack Latteman, Transportation Plnr with King County Metro, Larry Yok, VP Admn Srvcs, Pete Babington, Dir of Fac, Jack Birmingham, Pres, and James Peyton, Community Educ- Highline Community College, Rod Sheffer, Proj Mgr, Fac Srvs, Highline Schl Dist#401, Doug Corbin, Community Srvs Puget Sd Energy, Norman Abbott, Dir Growth Mgmt Planning, Puget Sound Regional Council, Melvin Roberts and David Hoffman with Kent Bicycle Advisory Brd; Kath Jones, The Lakes Nghbrhd Assoc, Bridget Myers, Salt Aire Hills Ngbrhd Assoc, Bob Loeliger,West Hill Ngbrhd Cncl, Bob Larson, LA Plaza Prj Mgr, Clearpath, LLC; Matthew Chan, Prop Owner, Sunway Srvs, John Muscatel, Prop Owner, Dollar Store; Steve Rodrigues, Olympic Forum, Scott Thomson, Strider Capital Mgmt Group, Sarah Campbell, Mgr Key Bank, and Randy Welk Mgr, Fred Meyer Developers Forum Participants Robert Slattery, Mondo Land Development, Peter Battuello, Steve Fuller, and Kurt Easthouse with Parametrix; Robert Cryan -Cryan Properties LLC; Rich Wagner with Baylis Architects, Ryan Hitt Dev Mgr with Tarragon, Andy Langsford with Venture Real Estate Group, Sean McDonald, Program Dir with City of Seattle Public Utilities, Karen Williams Suburban Cities Outreach Dir with Housing Dev Consortium, Tory Laughlin-Taylor, Deputy Dir, Housing Resources Group, Dan Rosenfeld,with Urban Partners, Dorothy Lengyel, Exec Dir with D.A.S.H. & University Heights Community Ctr, Catherine Benotto with Weber Thompson, Alex Martinac with CBRE Real Estate, Gary Young with Polygon NW, Bruce Lorig with Lorig Assoc, Brian Steinburg with Weber Thompson Architects, Dawn Banfield,West Hill Community, Dorsey Chester, Chester Dorsey Auto Salons, Mark Gulbranson, Deputy Exec Dir, Puget Sound Regional Council, Andrea Johnson, Exec Dir Facilities with Highline School Dist, Lim Hau Kim, Prop Owner, Dallas Radford, VP, Greenfield Park Community, and Brad Corner- Prop Owner Consultant Team Eric Schmidt& David Saxen with Cascade Design Collaborative, and Fauna Doyle with Berk and Associates Thank you! Table of Contents Title Page i Acknowledgements ii Chapter One: INTRODUCTION 1 Purpose 2 Overview 3 History of Development 4 The Present 4 Chapter Two: EXISTING CONDITIONS 6 Environmental 6 Demographics and Economics 8 Population Trends 9 Housing Types and Values 9 Household Income and Jobs 10 Community Services 10 Police and Fire 11 Water and Sewer 11 Education 11 Parks and Open Space 11 Library 11 Growth Forecast 13 Chapter Three: THE VISION 15 The Next Generation - Midway in 2050 15 Building Partnerships and a Vision 17 Visioning Process 18 Visioning Products 18 Visioning Outcomes 23 Chapter Four: FRAMEWORK FOR MIDWAY 26 Midway Subarea Plan Goals & Policies 27 Overall Goal 27 Land Use 27 Urban Design 29 Housing 33 Transportation 34 Park & Open Space 38 Implementation 39 Inter-jurisdictional Coordination 40 Land Use Plan Map 41 Land Use & Planning Board Recommendation List of Figures Figure 1 Drainage Basins and Existing Wetlands 7 Figure 2 Community Services 12 Figure 3 Envision Midway Three Light Rail Station Concepts 21 Figure 4 East SR-99 Light Rail Station Option 22 Figure 5 Land Use Plan — Scenario 4.0 24 Figure 6 Land Use Plan Map 42 List of Tables Table 1 Housing and Employment 14 Table 2 2005 Baseline Land Uses 44 Table 3 2031 PSRC Forecast Land Uses 44 Table 4 Capacity Based on Land Use Scenario 4.0 46 Appendix A Employment and Housing Growth 43 S:\Permit\Plan\COMP PLAN AMENDMENTS\2007\CPA-2007-4 MIDWAY\Ordinancedocs\Subareaplan_Contents.Doc Land Use & Planning Board Recommendation Midway Subarea Plan r v 1 s amp "rc' ,4 ",� a , �If�`�+ M+ lr -0t�W ^µ 14,�v 1:' G+ Chapter One Introduction The Midway Subarea Plan (the Plan) conveys a range of actions that prepares the area for future high capacity light rail transit. The Plan illustrates the potential of Midway and is intended to inform decisions of public and private entities. The implementation of the Plan will be through design guidelines, development regulations and incentives, capital investments, and other public and private strategies along the transportation corridor of Pacific Highway South and for the transit nodes. Kent will complete a Planned Action Ordinance to encourage redevelopment in the area, most particularly around the light rail transit station node anticipated to be located in the vicinity of Highline Community College. The Midway Subarea (the Subarea) contains the commercial spine for Kent's West Hill residents, as well as residents from the City of Des Moines. The shared geography and common interests in the future of Midway prompted leadership from both communities to engage in a collaborative visioning effort, called Envision Midway, which resulted in the Midway Subarea Plan. The City of Des Moines is Land Use & Planning Board Recommendation 1 developing a similar document. Together these planning documents will guide the cities in creating regulations that are consistent and that will facilitate future redevelopment, particularly for property owners east of Pacific Highway South (SR- 99). The overall thrust of the Plan is a new direction toward a walkable compact community, consisting of a mix of uses that thrive in an economically and environmentally sustainable future supported by high capacity transit. The existing highway commercial corridor will continue to support retail and burgeoning light industrial uses while accommodating pedestrian and transit users. This document contains the following sections: Introduction of the Plan's purpose, with an overview of the Subarea and history of development patterns; Existing Conditions of the environment, demographics and economics, community services, and growth forecast; The Vision starting with a look into the future followed by details of the public outreach process and the results; and Framework for Midway which includes the policies and goals for the Midway Subarea. Purpose Envision Midway Mission Statement: To transform the Midway community into a sustainable urban area which enhances commercial development and optimizes its geographic location, wide range of transportation options, educational institutions, and views. The prospect of high capacity light rail transit prompted the Cities of Kent and Des Moines to undertake a major planning effort called 'Envision Midway'. The mission and goals of Envision Midway were established collaboratively by the City Councils of the two cities and guided extensive public involvement. The outcomes from the visioning efforts of Envision Midway guided the Plan. Envision Midway Goals: 1. Provide a mix of land uses that increase revenues, job opportunities, and housing choices. 2. Reconcile development standards along the border between the Cities of Kent and Des Moines to be consistent and reflect the vision for the study area. 3. Provide for public participation in the development of land use policies, development regulations, and implementation strategies within the study area. Land Use & Planning Board Recommendation 2 4. Provide appropriate land uses and regulations that support Bus Rapid Transit within the Pacific Highway corridor. 5. Identify preferred alignments for light rail and the associated station and stop locations within Kent and Des Moines. 6. Ensure design that provides a safe and inviting pedestrian environment. Overview Midway is located along the extreme western portion of Kent along a north/south ridge line sandwiched between the Duwamish/Green River Valley and Puget Sound. The Subarea abuts the City of Des Moines along the entire western border. It also shares boundaries with the Cities of _ SeaTac and Federal Way, and Unincorporated King County. The pa Subarea is bound to the north by SR 516 (a.k.a., Kent-Des Moines Road) Ken,l and to the south by South 272nd R ` Street. Generally the landscape is S24Mh J gently rolling with the highest point located in the northern third of the s Subarea, affording the potential to n';Qi�sr). NaP capture views of Puget Sound and Subarea ot the Olympic Mountains to the west, (111,00z and views of the Kent Valley, Mt. e° 1 .Fe Rainier and Cascade Mountains to s20tn Y ,05 the east. c The name 'Midway' was a marketing tool devised in the 1930s to denote sz,z�a the area's location halfway between a, �P Seattle and Tacoma. Location remains a key asset for Midway. It is less than 5 miles south of Seattle-Tacoma International Airport. There is direct access to Interstate-5, connecting to Seattle, Tacoma and beyond. The Kent industrial valley is located minutes away off SR-516, as are recreational opportunities of golf, ice skating, and entertainment at the ShoWare Center. To the west is the City of Des Moines' large marina and beach park along Puget Sound. Land Use & Planning Board Recommendation 3 Completion of the I-5 — SR-509 Corridor Completion and Freight Improvement Project will link the Port of Seattle to Midway. History of Development: Highway 99 (a.k.a. Pacific Highway South or SR-99) defines Midway. Back in the 1930s and 1940s, the new highway brought people from around the region to the Spanish Castle (located at the intersection of SR-99 and Kent-Des Moines Road [SR- 516]) for a night out with Gordon Green's Orchestra. The Spanish Castle continued operating into the late 1960s where it became a place for teens to dance to local bands like The Wailers, Paul Revere and the Raiders, Sonics and national acts like Jerry Lee Lewis and the Beach Boys. Jimi Hendrix played there as a teenager and later wrote Spanish Castle Magic, a hit in the ip 1960s. Another icon was the Midway Drive-in Theater which operated from the 1940s to the mid-1980s. The huge neon sign on the back of the gigantic screen was as iconic regionally as the Hollywood sign in Los Angeles. Once closed, F� the drive-in theater became an off-site parking ° ' lot for Highline Community College students and on weekends a huge flea-market. The Midway area has constantly been evolving. Many of the historic motels and small businesses that once served the weary traveler have made way for a newer auto-oriented development, namely strip malls and big box stores with large expanses of parking. Along with the typical auto-oriented retail shopping areas, there are light industrial operations, outdoor storage yards, long-haul truck sales and service, mobile home parks and a couple of small apartment complexes. Highline Community College (HCC) is tucked behind the commercial corridor in the City of Des Moines and is a major presence serving 18,000 students and providing 1,200 jobs. Recently HCC completed a master plan to grow the campus in partnership with Central Washington University. There are two (2) closed landfills located in the Subarea (i.e., Midway and Kent Highlands Landfills) that are being prepared for reuse and redevelopment by the property owner, City of Seattle Public Utilities (SPU). The Present: A new wave of redevelopment in Midway started in 2006 when Kent (along with adjacent cities) completed the Pacific Highway Rehabilitation Project. Kent invested $21 I , °5 pp ��Il���� ��llllllllluuum�� .. Land Use & Planning Board Recommendation 4 million dollars to build sidewalks, pedestrian scale lighting and a redesigned left-turn lane that gives way to a planted median, turning SR-99 into a safe and attractive roadway. Two (2) HOV lanes were added to the existing five (5) lane highway for the purpose of accommodating King County's "Transit Now" program and its Bus Rapid Transit (BRT) system. Beginning in October 2010, BRT uses technology to provide a fast and reliable transit system that connects riders with the SeaTac Airport Light Rail Station. One of the first redevelopment projects was a Lowe's Home Improvement superstore where the old Midway Drive-in was located. Fred Meyer at South 252nd Street remodeled their existing store. Both projects constructed additional retailing space that abuts the highway for a more pedestrian- friendly atmosphere. Three-story office buildings have been constructed — one to accommodate Highline Community College and the other housing the Carpenters Union. The catalyst for the next phase of development in Midway will be the expansion of Sound Transit's light rail service south from Seattle-Tacoma International Airport. Funding to expand light rail to 55 miles was approved by Central Puget Sound voters in November, 2008. The additional 36 miles will extend rail north from Seattle to Lynnwood, east to the Redmond Overlake Transit Center, and south from the SeaTac Airport Station to Star Lake/Redondo Transit Center located at South 272nd Street. Expansion of the southern route is expected sometime in the next 10 to 20 years. u�istllo11�111 111111��� �����F��� Land Use & Planning Board Recommendation 5 Chapter Two Existing Conditions A thorough examination of existing conditions is essential to understanding opportunities and challenges in the Subarea. This section examines the environmental conditions, followed by demographics and economic conditions, overview of community services, and concluding with growth forecasts. Environmental The Subarea is largely developed, but there are areas that are restricted from development due to steep slopes, wetlands, or undevelopable closed landfills. Generally, the Subarea sits at a high point of a gently undulating ridge that is contained by Puget Sound approximately one mile to the west and the Kent Valley to the east. The steep slopes and unstable soils on the northeastern edge of the Subarea have constrained development and this area remains wooded with predominately deciduous second growth trees. The topography of the Subarea provides view opportunities in some locations. There are two (2) large former landfills that provide a sense of open space due to the open grassy fields and undeveloped nature of these ��,ii��%jl'� properties. The Midway Landfill is surrounded by development and can be seen from I-5. The Kent Highlands Landfill, however, is contiguous with the wooded steep slopes on the eastern edge of the Subarea and adds to a relatively large habitat. There are natural open spaces within the Subarea that contain wetlands and are a part of the Puget Sound and Green River Watersheds. The flows of these watersheds are illuminated by their names and contain two (2) basins related to the Midway Subarea (see Figure 1 — Midway Subarea Drainage Basins and Existing Wetlands). The Puget Sound Watershed is located west of SR-99 to South 240th Street where it runs to the east, taking in the subarea to the south. Land Use & Planning Board Recommendation 6 I Alivr°✓� , ,. i I li � \, I 4' "r h A n n L J p l i L /r °iw r�rf � ttlili !.• i l f 7 e 7 1 r i i I I� rii . „, 13ASINS & WETI..ANDS LEGEND r. r DRAINAGE BASINS 1 f f MCSORELY CREEK ✓,r p✓` MIDWAY CREEK WETLANDS MIDWAY SUBAREA 11 MIDWAY SUBAREA PARCELS is dv� � f� /��� _,I � I„ i � I ✓ b �"` t f v s� Midway Subarea r, rtiF `,fi r t 1 F I�i Figure 1: Midway Subarea - Drainage Basins and Inventoried Wetlands. Land Use & Planning Board Recommendation 7 Within this watershed is the McSorley Creek Drainage Basin consisting of 811 acres with 25.7% (-209 acres) as impervious.' There is one wetland in the Subarea located off SR-516 that is considered the headwaters of Massey Creek and flows into Puget Sound. A rather large wetland (> 114 acres) is located just outside the Subarea along the southeastern corner. It is the headwaters for McSorley Creek and flows through Saltwater State Park into Puget Sound. Both are wooded wetlands. The Green River Watershed is located east of SR-99 to South 240th Street and then continues south generally along the east side of Military Road. This watershed contains the Midway Creek Drainage Basin which consists of 933 acres with 34.6% (— 35 acres) as impervious. At the base of the Kent Highlands Landfill are associated wetlands; however, they are outside the Subarea. Pacific Highway South (SR-99) runs through the Subarea and Interstate-5 flanks much of its eastern border. Seattle-Tacoma International Airport is located 4 miles to the northwest. The noise and pollution from the various modes of transportation moving through the Subarea have an impact. Other pollutant sources are the closed landfills. Seattle Public Utilities have created and implemented a mitigation plan for the toxins within the landfills, and the United States Environmental Protection Agency has not yet taken them off the National Priorities List of hazardous waste sites. Additional properties within the Subarea have been identified on State and Federal brownfield lists. To date, there has been no assessment or testing of these additional properties to better understand their status as brownfields. Demographics and Economics South King County plays a major role in the economic vitality of the Puget Sound Region, and the City of Kent is a large contributor to that prosperity. However, economic and demographic information specific to the Subarea is limited. Demographic information is available from the 2000 U.S. Census and the area's economic vitality can be assessed from business license data. This section attempts to provide an understanding of the demographics and economics of the Subarea. The City of Kent recently participated in a study that looked at growth rates of key economic indicators as well as housing affordability and employment demographics.' The analysis collected 2008 economic and financial statistics from business databases as well as state and local government records and compared the South ' City of Kent Surface Water Design Manual - Storm Drainage Service Area, 2002. ' South King - North Pierce County Economic Region ECONOMIC ANALYSIS & STATISTICAL PROFILE, Hebert Research, Incorporated September 2008. Land Use & Planning Board Recommendation 8 King County region as a whole to all of King County and the State of Washington. The data on Kent represent true growth rather than growth as a result of annexations. The following provides a profile of the City of Kent based on specific indicators, along with information on Midway from the 2000 U.S. Census. Population Trends: Kent is the sixth largest city in the State and the third largest city in King County with an estimated population of 114,000 (in July 2010). In 2008, South King County was home to 25.9% of the total population in King County. Between 2006 and 2008, Kent's population grew by 1.55%. During the same time, King County's population grew by 2.66%. The median age for residents in Kent is 34.91 years. Based on the 2000 Census, the median age in the Subarea was 31.8 years. There is a high percentage of families with young children living in the Subarea. As the population in Kent has grown, one of the most notable changes has been an increase in ethnic diversity. As often occurs with the settlement patterns of recent immigrants, there are concentrated communities of kinship and social networks. The Subarea is home to a growing Latino population. The Hispanic/Latino population citywide is approximately 7-8% of the total population, and nearly 20% within the Subarea. Housing Types and Values: In 2008, Kent had 36,045 housing units. Kent grew between 2006 and 2008 by 0.43% with single-family units growing at an annual rate of 1.34%. During the same time, King County was adding housing at an annual rate of 0.63%. The percent of owner occupied housing units (46.7%) and renter occupied housing units (49.08%) in 2008 is skewed to rental units, which include apartments, rented condominiums and single-family homes.3 New construction of multi-family housing units in Kent (0.15%) is very slow compared to South County as a whole (4.59%). The median value of all owner-occupied housing units in the City of Kent was $281,566 in 2008.4 3 These statistics do not include mobile home ownership. 4 Data are from the State Office of Financial Management. Land Use & Planning Board Recommendation 9 Although there is significant single-family housing to the east and west, there is little housing within the Subarea itself, and all could be considered affordable. There are seven (7) mobile home parks with 238 spaces for mobile homes or recreational vehicles and eleven (11) associated apartments. There are six (6) apartment complexes consisting of 131 apartments. And there are seventeen (17) single-family homes, some of which are used for housing and others used for business. Household Income and Jobs: In 2008, Hebert Research conducted a review and analysis of economic conditions for South King County. The average mean household income within South King County increased between 2000 and 2008 from $56,104 to $66,000, roughly 2.2% annually. As of 2008, the City of Kent's average mean household income was $62,475, slightly lower than the overall average for South King County. The share of total population in Kent that is of working age (i.e., 16-64) was 67%, similar to South King County's working age population of 66.7%. The number of jobs per working-age person in Kent is 1.27, a little higher than the average for South King County at 1.22 jobs per person. In 2007, there were 76,758 jobs in Kent with 28% of those jobs in the manufacturing sector. Based on the 2000 U.S. Census, the median household income in the Subarea was $27,284 while the median household income in the City of Kent was $46,046. The number of Subarea households living below poverty level in 2000 was 34.6% while in the State of Washington it was 7.6%. The employment sector within the Subarea is dominated by retail and composed of mainly small businesses (with the exception of Lowe's and Fred Meyer). A small segment of employment is manufacturing (i.e., boat building, cabinetry, counter tops) and there are a variety of rental businesses for fleet vehicles, trucks and heavy equipment. In 2005, Puget Sound Regional Council (PSRC) provided employment data that identified 3,721 jobs within the Subarea. Highline Community College has a large presence in Midway and employs 1,200. Community Services The Cities of Kent and Des Moines share a common yet irregular city boundary line which complicates the provision of public services to the Subarea. The line is an artifact of an unconventional annexation process that would not be possible today. The result is that Des Moines and Kent Police and Fire support each other in ways that ensure service is provided no matter on which side the emergency call originates. Three school districts serve the Subarea and parks are provided by Land Use & Planning Board Recommendation 10 several cities. The Community Services within the Midway Subarea are illustrated in Figure 2. Police and Fire: The City of Kent has one substation located within the Subarea and another located nearby. The Midway Substation located at 25440 Pacific Highway South provides a presence along SR-99. The West Hill Substation located at 26512 Military Road South houses police, as well as Fire Station 73 with three (3) engines. Water and Sewer: Highline Water District provides potable water to the Midway Subarea. Midway Sewer District provides sewer service to the area. Both agencies have their headquarters located in the Subarea at 23828 30th Ave South. Education: Kent, Highline, and Federal Way School Districts serve the area with public education for grades K-12. Highline Community College serves a diverse student population that is primarily commuter based. Parks and Open Space: There are several parks and recreational open spaces within or adjacent to the Subarea. Des Moines' Parkside Park, located at S 244th Street and 25th Avenue S is a 4.4 acre park with a play area for children and a walking path close to an extensive wetland within the park. Saltair Vista Park, located at S 246th Street and 26th Place in Kent, is a small neighborhood park with a play area for children, picnic tables and benches. There are no parks located east of SR-99. Library• King County Woodmont Library is located at 26809 Pacific Highway South in Des Moines and serves the residents of the Subarea. Land Use & Planning Board Recommendation 11 Midway Elementary '-� 6 r Mid r ,�, _- '•" z Grandview Off Leash � 1 I - ' Dog Park / t c ? v / D s'� . RussellWood��i Park Il�llmiv v �,1 m , Highline ' r' I °! Community College ` 9 d smos. rL' !o s'l ne. T.xrm p Parkmsde e I . i Park Puture ark t Parkside ! Gres n Pn"uxver - Primary Golf Complex m ' }I Saft�glr Lmda Heights 1 Vista Park ! Park Sunnycrest .Elementary �"�a„ r o ro„ "1 i s " » .ua a .. ............ Midway k ' ' 5ubstaten COMMUNITY SERVICE no LEGEND y - KENT SCHOOL DISTRICT-415 .- HIGHLINE SCHOOL DISTRICT-401 "'Woodmont °"Library a , v" FEDERAL WAY SCHOOL DISTRICT-210 IT _ • SCHOOL jIIIIII�PARKS&OPEN SPACE DES MOINES PARKS KING COUNTY LIBRARY Kc West Hill ® POLICE&FIRE STATION ,,,, SubStation® ® POLICE STATION 1 Gale-fin Nelson jr CM MIDWAY SUBAREA Park °+ MIDWAY PARCELS „ _.._. CITY LIMITS Midway Subarea Mark Twain Elementary, Figure 2: Midway Subarea - Community Services. Land Use & Planning Board Recommendation 12 Growth Forecast A measure of existing conditions requires examination of the potential for future development. Development capacity is an estimate of the amount of development that could be accommodated on vacant and redevelopable land. The allocation of the region's growth targets is tied to the regional1, 90 growth strategy adopted in Vision 2040 whichbuilds a strategy for the central Puget Soundregion to absorb an additional 1.5 million morepeople and 1.2 million jobs by 2040.5 Thestrategy guides the location of future population and employment growth with an increased role for metropolitan cities and larger core cities likeKent to accommodate growth. The City of Kent has a target growth of 13,200 jobs and 7,800 housing units by 2031.6 The additional density encouraged by the Plan will ensure that high capacity transit nodes will play a large role in absorbing future growth. For more details on the methodology, data sources, and outcomes of employment and housing growth, refer to Appendix A. The methodology to determine the Subarea capacity is based on the Midway vision and reflects a modified buildout at the transit nodes. The Plan proposes to increase the capacity by changing the Land Use Plan Map, Zoning District Map, and development regulations associated with the refinement of land use options explored during Envision Midway (see Chapter Three: The Vision — Visioning Outcomes). Most properties in Midway's Transit Oriented Communities were considered redevelopable with capacity determined by a modified buildout scenario of 5-story structures with a maximum of 15-story structures (i.e., 200' maximum). The model assumes little surface parking with most parking enclosed or underground. Table 1 compares the Plan capacity for Midway with analysis conducted in 2006 for the Transportation Master Plan (TMP) which established a 2005 Baseline and a 2031 Forecast.7 The 2006 Baseline for Midway suggests a near 50/50 split of housing and 6 Vision 2040 - Puget Sound Regional Council (PSRC), 2009. 6 King County Growth Targets (2006-2031) - Countywide Planning Policies approved January 25, 2010. 2006 Baseline was provided by Puget Sound Regional Council (PSRC) and represents existing uses and the TMP 2031 Forecast was provided by PSRC utilizing forecasted numbers from the State Office of Financial Management. Land Use & Planning Board Recommendation 13 jobs. When compared with the 2006 Baseline, the TMP 2031 Forecast has a 14% increase in housing and a 71% increase in employment within Midway. The Plan Capacity results in increases of 334% in employment and 517% in households compared with the 2006 Baseline. Table 1 Midway Housing and Employment 2005 Baseline TMP 2031 Forecast Plan Capacity Housing Units 1,917 2,178 11,821 Employment 2,183 3,721 9,481 Land Use & Planning Board Recommendation 14 Chapter Three The Vision The vision for Midway was conceived from a series of workshops, meetings and design charrettes held in 2008 and early 2009. This visioning effort brought together diverse stakeholders to consider what the future would look like. Envision Midway was both the process and the product, and the narrative below illuminates the vision. The Next Generation - Midway in 2050 Midway continues to draw business, families and visitors because of its central location in the Puget Sound Basin, convenient rapid light rail transit service, and spectacular views. Midway is an interesting, inviting and safe urban place where buildings hug the edge of generous sidewalks filled with people mingling with neighbors and shop owners, window shopping ��� ' and sitting at open air cafes . Buildings are constructed out of quality materials and ?�� ��' designed with consideration to human scale, while taking full advantage of views to Puget Sound, the Olympic and Cascade mountain ranges, Mt. Rainier and the Kent Valley. With , its emphasis on architectural details, Midway is a comfortable and aesthetically pleasing �. . environment that projects a sense ofi permanence. Welcoming plazas and pedestrian W thoroughfares connect private activities with public amenities. The grid of streets off the highway move traffic at a slow pace. The sights, smells and sounds make it a place to linger and enjoy. There is diversity in the built form in Midway and the uses that are housed within. Buildings are located in clusters near active intersections, with retail shops, restaurants, and local services on the first floor. There are offices located on the second and third floors with housing layered on top, and occupants capture views toward the mountain and the water from a variety of five story buildings. In some areas, the buildings contain one use like housing or Class-A Office and they stretch Land Use & Planning Board Recommendation 15 to the height of 200 feet. Offices are filled with businesses immersed in international commerce that take advantage of the proximity to Seattle-Tacoma International Airport. The combined mix of uses creates a 17/7 place where a broad spectrum of people live, work, shop, and play. Link Light Rail is the center of this bustling urban community known as Midway with a station located near the combined campus of Highline Community College and Central Washington University. An elevated pedestrian-bridge connects the campus to the business and residential community located east of SR-99. Light rail connects Midway to Seattle and beyond to Shoreline and Lynnwood, and east into Bellevue and Redmond, lessening the need for an automobile and the obligatory parking. Utilizing SR-516, METRO brings riders to the Midway transit station west from Des Moines, Normandy Park, and parts of Burien, and east from Kent, Covington, Maple Valley, and Auburn. Bus Rapid Transit continues to serve as an express service along SR-99 connecting Federal Way, Des Moines, and Kent residents to r light rail. Because students ride transit more and student housing is available nearby, Highline Community College and their partner Central Washington University have expanded the campus into the old eastern parking lot. The intellectual capital generated by these institutions has attracted a variety of companies focused on technology and medical innovation. Urban parks serve this diverse community, supporting a healthy lifestyle. The parks' expansive hard surfaces accommodate heavy ��f uses and a large green open space slows down the pace of life. A broad walkway shaded by large trees meanders through the park and connects the public to a linear path that heads south about one-half mile. Here people can walk, run, skate, or ay ride their bicycles next to a series of naturalized stormwater detention ponds. Eventually one reaches „zu a smaller park overlooking Puget Sound and Mt. Rainier. From here one can access the recreational �f�ricr i Land Use & Planning Board Recommendation 16 activities located at the reclaimed Midway Landfill or watch wildlife at the wetlands farther to the south, using public pedestrian and bicycle connections through private developments. Just east of Midway is the Kent Highlands community. The neighborhood stands alone, perched on the eastern edge of the ridge, but is connected to Midway and the light rail station by regular shuttle buses. With fabulous views of the Cascades and a grassy open space accessible for passive recreation, a tall hotel and condominium community dominates the landscape. Because of the excellent visibility from Interstate-5, a thriving regional shopping center has also emerged. Midway's transit oriented urban community near Highline Community College transitions south from 240th to a more auto-oriented area at around South 246th This is where regional retail and light industrial uses dominate. Many new developments have multiple stories to maximize the efficient use of their commercial sites, with some providing live-work spaces. Upon reaching South 272nd Street and the Star Lake/Redondo transit station, another transit node emerges complete with a mix of uses and pedestrian activities primarily in the adjacent Cities of Des Moines and Federal Way. Building Partnerships and a Vision From the onset of the subarea planning effort, the need to cultivate partnerships was clear. The primary partnership was between the City of Kent and the City of Des Moines and was driven by the possibility that light rail would serve Midway. An interlocal agreement between Kent and Des Moines laid out a set of deliverables that were tied to a Growth Management Grant from the State Department of Community, Trade and Economic �f Development (now named Department of II Commerce). The direction from Kent and Des Moines City Councils was a commitment to build a livable, long 9 lastin i community that was economically and environmentally sustainable. Land Use & Planning Board Recommendation 17 There were other significant Envision Midway partners from transportation agencies, large property owners such as Seattle Public Utilities (SPU), Highline Community College and adjacent cities. All were invited to participate in the Envision Midway Stakeholders Committee. The development community was also included. Progressive developers with regional and national experience in mixed use and transit oriented development, and local housing experts were invited to a Developers Forum to provide feedback on the initial public visioning and a follow-up Developers Forum confirmed the vision was achievable. All of these partnerships, together with input from residents, property owners, and businesses within the Midway Subarea are the foundation for Envision Midway and will be critical in the successful implementation of the Plan. Visionina Process: The visioning process was iterative and attempted to reach all constituents. The outcomes of each meeting were shared to ensure participants could benefit from the larger discussion, evaluate and revise ideas generated by others, and remain engaged as the project moved forward. The Stakeholders Committee and the public were asked to consider land uses, regulatory and design standards, and were charged with identifying light rail station locations and rail alignment options. In an effort to reach as many community members as possible, a project website was developed where meeting schedules, materials and results were posted.$ The intent was to ensure project transparency and to solicit comment from the greater community. A unique opinion poll posted on the Envision Midway website was based on a computer generated video that reflected the vision for Midway and allowed the viewer to walk through a 'virtual reality' of a light rail station near Highline Community College. A total of nine (9) meetings were held in 2008 and 2009 with the public and stakeholders, and by early in 2009, six (6) meetings were held with decision makers in an effort to develop a land use scenario that reflects the community's wisdom and vision for Midway. Additional meetings will be held that will refine the Plan further. Visionina Products: The first products from the visioning process were three distinct (3) land use alternatives for the Envision Midway Study Area. The alternatives illustrated the potential land use patterns; identified a vehicular, pedestrian, and bicycle circulation framework; and considered public spaces. The alternatives are briefly described as follows: 8 The project website is www.EnvisionMidway.com. Land Use & Planning Board Recommendation 18 Alternative 1 — Transit Oriented Village: The high intensity mixed-use transit supportive development stretched from South 216th Street to South 240th Street and all land uses south of 240th were auto-oriented and called an Employment Village. Alternative 2 — Transit Oriented Centers: High intensity mixed-use transit supportive land uses were located at nodes where high capacity transit stations were located at South 216th Street, at South 240th Street, and at South 272nd Street. In Des Moines, Mixed-Use defined the area between the first two nodes and in Kent there were Mixed-Use and Employment Village land uses between the nodes. Alternative 3 — Transit Oriented Corridor: High intensity mixed-use transit supportive land uses stretched from South 216th Street to South 246th Street and another node was located at the South 272nd Street transit station. Between the two transit oriented nodes was Transit Supportive Mixed Use. The above alternatives were evaluated by a group of progressive developers with regional and national experience, local housing experts, and large property owners (i.e., SPU and HCC) at a Developers Forum. From their critical review, staff created a new land use option. The new alternative — Land Use Scenario 1.0 — condensed the mixed-use areas into nodes around future light rail stations. The intent was to strategically focus an intensity of uses around the stations and maintain a large portion of the existing auto-oriented retail and light industrial uses. This land use pattern would minimize sprawl of strip commercial development and allow an urban community to mature as envisioned. Land Use Scenario 1.0 was further refined to reflect additional comments from Envision Midway workshops and meetings. Based on Sound Transit's planning efforts to date, the first station south of SeaTac Airport would be South 200th, followed by a station near Highline Community College, with the line ending at South 272nd. Participants in Envision Midway considered three (3) light rail station and rail alignment options. To facilitate public discussion, the focus was on the station in the vicinity of Highline Community College. Detailed conceptual illustrations were created, listing the advantages and disadvantages of the different alternatives (see Figure 3 — Envision Midway — Three Light Rail Station Concepts). All options contained a 500-stall parking garage as considered by Sound Transit. The following options were entertained: Land Use & Planning Board Recommendation 19 The SR-99 Station option generally represented one that Sound Transit considered for budgeting purposes. Their rail alignment was located along the west side of SR-99 as an elevated structure near Highline Community College. The vision expanded Highline Community College campus into the east parking lot with a pedestrian bridge to provide safe access across SR-99. New roads break up the existing street grid and a regional detention facility manages stormwater runoff. Bridges over SR-516 and I-5 would connect neighborhoods. The 30th Ave South Station option came out of the public process. The alignment would be at grade through the station area, becoming elevated south of S 240th St. The roads, detention facility, and campus expansion found in the SR-99 concept are also proposed here. Both the public and the Stakeholders Committee thought a 30th Ave alignment could create a more pedestrian friendly environment, where the train and automobiles moved at a slower pace than would be the case along SR-99. A large amount of right of way would be needed to accommodate multiple modes of transportation on 30th Ave. The I-5 Station option was considered because the Cities of Des Moines and Federal Way Comprehensive Plans express the desire for locating future light rail on I-5 and not on SR-99. The trains would move along a combination of elevated and at-grade rail alignments. The roads, detention facility, and campus expansion found in the SR-99 concept are also proposed here. There would be an uphill climb to SR-99 and the college, and limited opportunity for development to the east of the station. After completing the Envision Midway public outreach and compiling the feedback, a fourth station option was developed. This fourth option reflects the additional comments from representatives of Highline Community College who wish to preserve their east parking lot, thereby negating transit oriented development within their boundaries. The fourth option places the light rail station on the east side of SR-99, connecting the station directly to an area poised for transit supportive development (see Figure 4 — East SR-99 Light Rail Station Option). The vision includes parks, a multi-purpose trail adjacent to an enhanced regional stormwater detention facility. Public and private circulation is pedestrian-friendly and connects to the trails and parks. Land Use & Planning Board Recommendation 20 w»»»IId»�Irl/11���r„��,I,II, 1,1»,Illu�,liu�gfl�/IIIHU!l11ll�l00��°'VI//lllllll!!lIG;IIIIIIUI�I MIDWAY BIDIILkfa1 mplalnnigVPlllfll Revised Midway light Rail Station Area Concept:SR 99' yi ! d d id'Yi O r a d p rr v Ol ,1� v '� T w dff x e R li l y zoo 6om mrt ld� / Co ode W MRE TROY ImI ! >/ % F n Clw[aide rem ,I x au SR'99 1 ( )f I % / Pc e diva µus+. ri gadc} mi dloynv v nvcr�HCC) µ qM IH yI d p p [ a 1l4 'I -diem MR A'M MII r 1 4 a X Ic 1 P T „ pd plv ( v(POW)R rvw,_PorcgodA- r N e arvev n,rave pr,l of 3Rah A, C e.a 5,,," lV, i,a'm, r-- muru+ Cons Waad,.m¢q oROW f Nrdhn ft�' �wv H ¢ "f'itJ '�/ ' !N d. n uyROWf u rtlys"m %�� / i p '� ....... use/ R pprd e p . 0 1SF99 'd P d ," .s d"-d 6""1 5'�!flA✓IS 11 � A "Y rvr ("�Na 3 hIW �/ � ! W R u ily � l /^i' d L7 d n i"wr a L' i2 7 gz 3 'y Mdwayligh,Rn05¢ivv Arraa Caemelav 30tWAaunoe Somb p1nd'y LL"I"Roll Sexu A.ro,"r,IS 111%A�/ / yrti^�r d ry f O Yi /' d d A d f (5 Pd 34 l i r v "I �Pd W� I ' , tea �� J IN 10 / � jjjjj 7 y v ipq i f w a ' IN iG f. Figure 3: Envision Midway - Three Light Rail Station Concepts. Land Use & Planning Board Recommendation 21 Midway Light Rail Station Area Concept: SR 99 East a ,were mu� ,wru m , �, �� •�, � �o� (� o ff � J ,C s)�/ � a� � I ( n\ r ea4vu ]. a1u5r .� 'li I Cason-, i R r n srceo na s„ uak ru k r A �Ir B v m� b 4I uw w.•�m�amga ] i w�aa e. d 311 MtlJ" 4 �0 ' i ;' r Il Fomiry !H A I l ! 11 t '� •moo P4rN6* Pak SM4wun � ui E �pp�jjppll�pp w 3 f i Pros: Cons: • Removes conflict with autos • Need to acquire ROW • Removes conflict with commerce • Possible need to recomfgure access • Provides fast service to properties -- „ • Fits into existing high capacity transportation corridor Elevated rail impacts pedestrian g/s,,^sy t p y��f • Convenient E/W METRO link environment • Serves urban density housing and jobs East of SR-99 • Wide at�grace crossing SR-99 • E/W pedestrian link across SR-99 at new intersection ina eases potential for MIDWAY • Supports major employment center(HCC) vehicle-pedestrian confl,cts • High development potential in 1/2 mile radius • METRO access to station from 30th d ullahuratl t p(a mg piiijut • Allows business at station's ground level • Noise due to track curves. • Preserves intimate feel of 30th Ave'Great Street' CIO muwmann e_ia Figure 4 — East SR-99 Light Rail Station Option. Land Use & Planning Board Recommendation 22 Visioning Outcomes: Land Use Scenario 4.0 reflects the conclusion of the Envision Midway public visioning process and is used for Kent's Midway Subarea Plan (see Figure 5 — Envision Midway Land Use Scenario 4.0). There are three (3) categories of land uses identified. 1. The Transit Oriented Community land use represents nodes of intense transit- supportive mixed use that are pedestrian-friendly with a mix of services, office, and residential activities. 2. The Kent Highlands Mixed Use area accommodates automobiles and pedestrian-oriented uses at a high density, and has a residential bias. 3. The Highway Commercial Corridor allows a wide range of auto-oriented uses including retail, light manufacturing, and housing. The public believed it was important to connect the surrounding residential communities to the new light rail station. I-5 and SR-516 are barriers for pedestrians and vehicles. Scenario 43.0 connects the community located to the east of Midway over I-5 with a bridge that provides a safe multimodal link to the transit station. A bridge over SR-516 connects 30th Ave South and the community to the north and opens a possible connection to the I-5/SR-509 Corridor Completion and Freight Improvement Project. A pedestrian sky-bridge over SR-99 would provide a safe and comfortable alternative to crosswalks. Another outcome from Envision Midway was identification of a preferred station location and alignment. The Stakeholders Committee selected a preferred station location and alignment. Participants were asked to review and discuss three (3) hypothetical light rail station locations and rail alignments (see Visioning Products). Eighteen committee members were each given five (5) large dots to place on one or more options, indicating their preference. SR-99 was the preferred station location (50 dots), followed by 30th Ave (15 dots), and I-5 (4 dots). The public also preferred the SR-99 alignment, with 30th Ave coming in second. An alignment along I-5 was seen as antithetical to the tenets of transit oriented development by limiting potential development to only west of the station. The East SR-99 Station option developed from comments at the final Envision Midway meetings was not considered during the preference voting. Land Use & Planning Board Recommendation 23 d � +% _.. i A I IT xo An< I IT e ti gmme co niurntyCollege r3Tg !sis This line;is the I S/SR509 Could"Completion and Freight Improvement Protect i e �fhro c°�..... w •,� /�/raw4nrFw gttx Midway Subarea Plan Land Use Scenario 4.0 LEGEND Transit Oriented Community �, f "< r Hiqh intensity transit supportive mixed-use with aresidential focus.Strongly pedestrian ,'� oriented with small walkable blocks.High a fii /� - quality design through use of Design Guidelines.Parks and open space shared with regional storm detention.Minimum 2-story to rzJ 5-story height with a maximum 200'height limit with incentives.Lower parking �S a requirement No single use big box industrial, or auto dependent uses JL Kent Highlands Mixed Use Pedestrian and Auto accommodating ( Mixed use with community retail and services i for residential focus Minimum 2-story to i 5 story height with a maximum 200'height 1 limit with incentives Highway Commercial Corridor Wide range of community,citywide,or regional commercial and light industrial uses and work/live.uses.Primarily auto dependent uses, with pedestrian supportive facilities 35'to 45' in J height limit. - T Mobile Home Park iIM Open Space and Stormwater Framework Wetlands wetlands ,,,, Circulation Framework ---I Pedestrian and Bike Path Framework «m x f F m Complete Streets Proposed 8RT Stations(Metro) r ,{ Proposed Secondary Bus Stops(Metro) SCALE r 00 KENT Figure 5: Midway Subarea Land Use — Scenario 4.0. Land Use & Planning Board Recommendation 24 There were several key results that resonated throughout the public process. There was desire for this transit oriented development to be built well, with excellent materials and design. There was agreement that tall buildings would fit into Midway and capture the spectacular views to the east, west, and south. There was consensus that housing should be diverse and affordable for a range of economic groups. Participants recognized the need for public spaces which included generous sidewalks, plazas, parks, and trails. Connecting the surrounding neighborhoods to the transit station area was important. The participants also saw the need for the Cities of Kent and Des Moines to work together in the future to ensure services are coordinated and development regulations are compatible. Land Use & Planning Board Recommendation 25 Chapter Four Framework for Midway The planning effort for Midway was guided by principles outlined in the Growth Management Act and Kent's Comprehensive Plan. The public investment in high capacity light rail transit drove the Midway Subarea Plan's early visioning efforts. The framework below reflects a synthesis of statements made at Envision Midway public workshops, Stakeholders meetings, and workshops held for elected officials provides guidance for the goals and policies of the Midway Subarea Plan: A flourishing economy: Midway will be home to a range of employment opportunities that are synergistic with programs at Highline Community College and Central Washington University and unique to the businesses and employment needs of international trade, Kent Valley research and industry, and regional retail. Vibrant mix of neighborhoods: Midway will contain a broad range of housing types for a broad range of incomes. Shopping, services and transit will be conveniently located within walking distance from residences. Supportive parks and open space: Midway will have parks to serve the nearby residents, employees, and visitors. The large open spaces that are undevelopable within the Kent Highlands and Midway landfills will be converted, wherever possible, to passive use. If possible, the large wetlands will be used both for passive recreation and education. A sense of place: Midway neighborhoods will be distinct from Kent's Downtown and East Hill business areas. Midway will build on its roadside past and ethnic heritage, with eyes toward the future. Public investment in street lights and furniture at the Transit Oriented Communities will be consistent and coordinated with the City of Des Moines. Multimodal transportation system: Midway's improved public transportation system with Bus Rapid Transit (BRT) and Sound Transit Link Light Rail will provide convenient and fast access to the north and south. With greater demand, reliable east/west transit connections will be provided. SR-99 will Land Use & Planning Board Recommendation 26 continue to act as a highway and accommodate pedestrians, while the side streets will be bicycle- and pedestrian-friendly. Views: Midway will be dotted with high-rise buildings that ensure views are maintained and access to sunlight is available. Sustainability and design: State-of-the-art techniques, materials, and design will be used to enhance and support the built and natural environment and create a sustainable and livable community. Midway Subarea Plan Goals & Policies The Midway Subarea Plan is guided by Kent's Comprehensive Plan Framework policies and the goals and policies of elements in the Comprehensive Plan. The following goals and policies are specific to Midway and are the result of extensive community visioning efforts. These goals and policies set the stage for developing implementation measures to achieve the goals. Overall Goal: Create a dense, pedestrian-friendly, sustainable community that provides jobs, housing, services and public open space around nodes of high capacity mass transit while maintaining auto-oriented uses between the transit oriented nodes. Land Use: The community vision for the Midway Subarea is one that supports high capacity transit stations with compact, high density uses. The uses include retail, office, education, research, medical and residential. These high density transit station nodes are served by a series of ° you small, walkable blocks and pedestrian `" throughways that not only move people, but act as the public square for commerce, relaxation and entertainment. The more auto-oriented portion of the subarea outside of the transit nodes is enhanced to make pedestrian movement Y� Land Use & Planning Board Recommendation 27 more comfortable and appealing. The goal of the Midway Land Use Policies is to structure the activities around the high capacity transit station nodes with a land use designation of Transit Oriented Community and the auto-oriented Pacific Highway commercial transportation corridor of the Midway Subarea. Goal MLU-1: Increase employment opportunities and housing choices in support of rapid light rail and mass transit options within areas designated Transit Oriented Community. Policy MLU-1.1: Designate where high density SIG % retail, office, and residential development will be focused. Policy MLU-1.2: Allow stand-alone land uses as part of a mix of uses. i Policy MLU-1.3: Provide flexibility in land uses and density as the market transitions from auto-oriented development form to a dense pedestrian- friendly development form. Policy MLU-1.4: Disallow outdoor storage of trucks, heavy equipment, contractor storage yards, and mini-storage as an accessory or primary use. Policy MLU-1.5: Disallow drive-through food services within the land use designation of Transit Oriented Community. Policy MLU-1.6: Establish a floor area ratio (FAR) or other mechanism to ensure levels of development supportive of future light rail transit investments. Goal MLU-2: Promote a mix of land uses that support local and regional needs in an auto-oriented commercial and light industrial area along the Pacific Highway South commercial transportation corridor not designated Transit Oriented Community. Policy MLU-2.1: Allow a mix of retail, light industrial or live-work uses. Policy MLU-2.2: Allow 'big box' and drive-through uses. Land Use & Planning Board Recommendation 28 Policy MLU-2.3: Allow outdoor storage of autos, boats, trucks, heavy equipment, and contractor storage yards. Goal MLU-3: Establish a multimodal circulation network within areas designated Transit Oriented Community that is safe, interesting and encourages walking, bicycling and transit use, and connects to surrounding neighborhoods. Policy MLU-3.1: Create a network of attractive and ' identifiable pedestrian and bicycle linkages within commercial and residential uses to nearby public amenities, transit facilities, and streets. H Policy MLU-3.2: Ensure multimodal public or semi-public throughways at a minimum ofd . every 400 feet to connect commercial and residential uses with public parks, trails, streets or other public amenities. Policy MLU-3.3: Identify and designate streets „ ai as multimodal within areas designated Transit Oriented Community. Policy MLU-3.4: Establish north/south connectivity for pedestrians and bicyclists from SR-516 to S 272nd Street as a safe alternative to Pacific Highway South. Policy MLU-3.5: Establish north/south connectivity for pedestrians and bicyclists through the area designated Transit Oriented Community located east of I-5. Urban Design: The built environment is the framework where µ urban life occurs. A successful urban environment is a place that pays attention to design details. There is a pedestrian scale, ° where the first floor provides interest and theM�o� opportunity for interaction. From a distance, j buildings become more abstract and are seen more as a piece of art. The Transit Oriented Communities will look and feel like urban Land Use & Planning Board Recommendation 29 centers. Buildings will be constructed close to the sidewalks making it imperative they are interesting and constructed of quality materials. The Urban Design Element of the Midway Subarea Plan focuses on these details to ensure that Midway becomes a desirable place where people want to live and do business. Goal MUD-1: Create a place that is distinctive, aesthetically beautiful, evokes permanence of the built environment, and supports social interaction in the a°, F Q "i dynamic urban center of the areas designated Transit Oriented Community. PolicyMUD-1.1: Ensure quality and durable m q Y materials and interesting architectural details are incorporated into new and remodeled structures, including structures for parking, mechanical services, or solid waste collection. Policy MUD-1.2: Provide an interesting built environment by encouraging a diversity of building heights and footprints, continuous building facades that are modulated, windows located at ground floor, and shelter for pedestrians from inclement weather. Policy MUD-1.3: Create public plazas, building entrances, and pathways that are integrated into the private and public realm to encourage social interaction and to facilitate the use of public ` transportation. Policy MUD-1.4: Establish methods to vertically layer the height and size of development and stagger high- ,; rises to maximize view potential and sun access. Policy MUD-1.5: Use screening to minimize the C . visual impact of mechanical systems at street level or from adjoining high-rise buildings. J Policy MUD-1.6: Provide visual interest at entrances to stand-alone or internal structured parking facilities. Land Use & Planning Board Recommendation 30 Policy MUD-1.7: Reduce the visual impact of surface parking by using measures such as minimizing curb cuts, enhancing the landscaping at entries, and prohibiting surface parking between buildings and sidewalks. Policy MUD-1.8: Encourage public and private art in public open areas and on buildings. q� Goal MUD-2: Create an urban form that is environmentally sensitive and sustainable in areas designated Transit Oriented �. Community. Policy MUD-2.1: Promote environmentally sustainable building design that takes into account sun orientation, / 1 i water and energy conservation, and practices such as the US Green Building Council LEED certification. Policy MUD-2.2: Emphasize natural �ia,Vy drainage systems wherever feasible, F " including, but not limited to, green roofs or walls, rain gardens and so forth. Policy MUD-2.3: Apply landscaping standards that emphasizeq environmentally sustainable practices through plant selection, horticultural practices, and water retention, diversion and conservation. Goal MUD-3: Create streetscapes that provide for ease � - of movement personal safety, pleasant aesthetics and a stage for public engagement within areas designated Transit Oriented Community. � ' � � a r Policy MUD-3.1: Design streets to be urban in character, easy and safe for pedestrians to cross, and where vehicular movement isr�ui slowed by design. Policy MUD-3.2: Ensure a safe and attractive pedestrian environment along i Land Use & Planning Board Recommendation 31 the street system through the use of streetlights, street trees, plantings, minimized number of curb cuts and other streetscape elements. Policy MUD-3.3: Establish a pallet of easy-to-maintain streetscape elements and features that are unique. Policy MUD-3.4: Provide pedestrian amenities along the public and private sidewalks such as seating, human scale lighting, transit shelters, and shelter from the weather. Policy MUD-3.5: Build pedestrian areas large enough for commercial activities to spill out onto the sidewalks without significantly impeding pedestrian movement. Policy MUD-3.6: Establish sign regulations that acknowledge the human scale and the slower vehicular movement along 30th Avenue South, other internal street systems and internal pathways. Policy MUD-3.7: Establish sign - - regulations that acknowledge the more auto-centric environment for development adjacent to SR-99 while maintaining the overall urban character of the designated Transit Oriented Community. Policy MUD-3.8: Work with Puget Sound Energy and other utility providers to underground or relocate overhead wires along 30th Ave South and South 240th Street. Goal MUD-4: Support transit use and the pedestrian environment through parking management, design, and standards within areas designated Transit Oriented '�' Community. l" Policy MUD-4.1: Establish methods to encourage the use of alternative modes of transportation, including maximum parking standards and shared parking agreements. Land Use & Planning Board Recommendation 32 Policy MUD-4.2: Reduce the supply of surface parking. Policy MUD-4.3: Encourage structured parking. Policy MUD-4.4: Reduce surface parking adjacent to the sidewalk. Housing: Housing is key to the success of the Transit Oriented Communities anticipated in the Midway �iJ v, HIN Subarea. Housing is also important within the � auto-oriented Pacific Highway commercial transportation corridor. Redevelopment at the f i Transit Oriented Communities may eliminate ° � �" existing affordable housing, displacing families and the elderly. The community who participated in Envision Midway emphasized that replacement housing be created so that people did not have to move far from the community where some have lived for over 30 years. J, Goal MH-1: Promote a diversity of housing types that supports a full range of incomes and household structures within the Midway Subarea. Policy MH-1.1: Encourage market rate and workforce housing. Policy MH-1.2: Create an Affordable Housing Task Force by 2012 to consider options, policies, and partnerships for resolving issues surrounding the potential displacement of existing affordable housing. Policy MH-1.3: Utilize regulatory incentives, public investments, and other strategies to assist in realizing a mix of housing types. Policy MH-1.4: Provide for live-work housing options within the auto-oriented Pacific Highway commercial transportation corridor. Land Use & Planning Board Recommendation 33 xdb l�) Transportation: In the 21't Century, transportation will consist of several components — cars, transit, trains, bicycles and pedestrians. In Midway, all modes of transportation will need to work together to reduce greenhouse as emissions b reducing ����rt�����������..�m.�..�r , 9 9 Y 9 � �rrirRdr�a���,m�n��YRY����Y����:� r�«�«�� , vehicular trips. To support a pedestrian-friendly Transit Oriented Community, a new street grid system consisting of small walkable blocks needs to be created. There exists an excellent north/south spine in 30th Ave South requiring only some east/west connections to create a system of public spaces where those who work, live, or visit can move safely, easily, and enjoyably. Extending 30th Ave south to South 246th St. with connections west to SR-99 will support the anticipated development surrounding the high capacity transit coming to the vicinity of Highline Community College. Other opportunities to relieve traffic pressures from new development need to be explored, like bridging over SR-516 along 30th Ave and then connecting with the I-5/SR-509 Corridor Completion and Freight Improvement Project. Shared trails through public and private properties can connect communities outside the Midway Subarea to the anticipated high capacity transit. Goal MT-1: Establish a connected street system that encourages walking and bicycling; supports transportation investments, including existing and w future mass transit; and connects surrounding single- family neighborhoods to Midway while protecting them from the impacts of spillover traffic. �m Policy MT-1.1: Design and develop streets that provide a safe experience and have aesthetic I value to all users. Policy MT-1.2: Consider a bridge to connect the West Hill single-family neighborhood east of I-5 to the Transit Oriented Community located near South 240th Street. Policy MT-1.3: Work with the City of Des Moines and Washington State Department of Transportation to consider connecting the Pacific Ridge Neighborhood north of SR-516 to Midway via a 30th Ave South bridge over SR- 516. Land Use & Planning Board Recommendation 34 Policy MT-1.4: Work with the City of Des Moines and Washington State Department of Transportation to consider a local connection to the interchange for the I-5 — SR-509 Corridor Completion and Freight Improvement Project off 30th Ave South. Policy MT-1.5: Identify and designate particular streets to be shared with bicycles. Policy MT-1.6: Identify and, where feasible, connect local and regional bicycle and pedestrian trails to the Midway Pedestrian & Bike Path Framework system in Land Use Scenario 4.0. d����"'uud uuu"Guuuuuuu�uuuuuuu'u Goal MT-2: Create design guidelines for a street hierarchy that addresses the pedestrian and environmental needs in the areas designated Transit Oriented Community. Policy MT-2.1: Establish pedestrian-friendly design standards for streets, sidewalks, and lighting. Policy MT-2.2: Design and build 'green streets' where street trees, landscaping and sustainable stormwater drainage systems enhance the public and private domain aesthetically and environmentally as identified in Land Use Scenario 4.0. Policy MT-2.3: Provide safe mid-block pedestrian passage- ways to public amenities when urban block sizes are 400 linear feet or greater. CAN,, Policy MT-2.4: Provide on-street parallel parking that promotes a safe pedestrian environment in the areas , -, designated Transit Oriented Community (except along SR- 99). Land Use & Planning Board Recommendation 35 Policy MT-2.5: Work with transit agencies to ensure safe access to local and regional transit, including but not limited to covered bus shelters and sky-bridges. Policy MT-2.6: Work with the City of Des Moines , kr and SeaTac to ensure connections to existing or proposed multi-modal trails within their jurisdictions. Goal MT-3: Integrate high capacity light rail transit service and associated station locations into the urban design and functionality of the street systems. Policy MT-3.1: Work with Sound Transit during all }liilllf�gll "�'I il� phases of planning for the extension of light rail into Midway to ensure Kent's preferred rail alignment and A; station location are realized. Policy MT-3.2: Work with Sound Transit and other entities to provide an elevated pedestrian crossing over Pacific Highway South near Highline Community ;, College. Policy MT-3.3: Work with Sound Transit and additional partners to establish a shared parking structure associated with the future light rail station proposed in the vicinity of Highline Community College. Policy MT-3.4: Integrate any proposed parking structure associated with the light rail station into the urban landscape by adding commercial uses at ground floor, an active pedestrian plaza, and art to enhance the pedestrian environment and minimize the impact of vehicular traffic. Policy MT-3.5: Work with transit agencies and private entities to ensure communities, businesses, and park & ride facilities located outside of the one- half mile radius around the future light rail stations are connected to the high capacity transit system. Land Use & Planning Board Recommendation 36 Policy MT-3.6: Ensure proposed development is compatible with future light rail improvements by identifying and preserving rights of way necessary for future transportation projects. Goal MT-4: Design and fund street improvements identified through the Midway Planned Action Ordinance (PAO) and accompanying Environmental Impact Statement (EIS) to serve the areas designated Transit Oriented Community. Policy MT-4.1: Develop a new street grid system of local public streets consisting of small pedestrian friendly sized blocks no larger than 400 feet within the designated Transit Oriented Community located near S 240th Street. Policy MT-4.2: Whenever possible, limit access along South 231't Way, state routes and highways, using instead local streets or private internal circulation roads to connect land uses and public amenities. Policy MT-4.3: Work with Washington State Department of Transportation on improvements to SR-99 and on the extension of SR-509 as identified in the PAO/EIS to best serve the surrounding community. Policy MT-4.4: Integrate identified street improvements into a 10 year city- wide transportation demand analysis and funding structure, and incorporate results into the Kent Comprehensive Plan update of 2014. Goal MT-5: Utilize transportation system management (TSM) techniques in support of pedestrian-friendly streets. Policy MT-5.1: Provide adequate access to adjacent land uses by adopting Access Management strategies, including but not limited to consolidating driveways, limiting the number of driveways, and connecting parking lots. Policy MT-5.2: Allow new driveways on internal streets only (i.e., 30th Ave South). Policy MT-5.3: Establish methods to achieve significant increases in non-SOV (single occupancy vehicle) trips. Land Use & Planning Board Recommendation 37 Park & Open Space: Dense, compact mixed use urban areas require public places for social interaction and personal relaxation. The vision for Midway's '� Transit Oriented Communities acknowledges the need for open space and identifies several public and private development options for providing exercise relaxation and gathering P 9 � � 9 9 places. Goal MP&OS-1: Create an aesthetically pleasing, functional, and effective park and open space system in areas designated Transit Oriented Community through public, private investments and other partnerships. Policy MP&OS-1.1: Wherever possible, integrate city owned properties that have recreational or educational 1! ii potential with public parks and plazas. Policy MP&OS-1.2: Utilize undeveloped right of way for a linear park with multi-purpose trail. Policy MP&OS-1.3: Identify, acquire, design 1 and construct a large civic plaza/park to serve employees, residents and visitors in the Transit Oriented Community located near South 240rh Street. Policy MP&OS-1.4: Work with Seattle Public ,, �a Utilities — property owners of the Kent r Highlands and Midway landfills — to design and develop passive or active public recreational opportunities on portions of the landfills identified as undevelopable. Policy MP&OS-1.5: Consider access to wetlands at South 272nd Street for educational and passive recreational opportunities. Land Use & Planning Board Recommendation 38 Policy MP&OS-1.6: Engage with neighboring jurisdictions, school districts, and others in an effort to share existing facilities through joint use agreements. Policy MP&OS-1.7: Work with private and public property owners, agencies, and surrounding jurisdictions to establish and link the Midway Pedestrian & Bike Path Framework to regional facilities. Policy MP&OS-1.8: Consider shuttle service from Midway to Kent park facilities located in the valley in an effort to expand recreational access. Goal MP&OS-2: Create a joint-use regional drainage infrastructure for development and recreational purposes. Policy MP&OS-2.1: Consider the opportunities for a regional stormwater detention facility to contribute aesthetically, recreationally and environmentally to the urban landscape of the designated Transit Oriented Community at South 240th Street. Policy MP&OS-2.2: Establish a funding mechanism' to build the detention pond and associated recreational and aesthetic features in the designated Transit Oriented Community at South 240th Street. Policy MP&OS-2.3: Program the detention facility as a community focal point for ecosystem education and neighborhood adopt-a-park. Policy MP&OS-2.4: Encourage natural drainage systems in public and private development where feasible, as an alternative or offset to traditional stormwater treatment and controls. Implementation: The vision for Midway is ambitious, transforming the existing auto-oriented retail activities into a more compact, dense, transit supported urban community where light rail transit stations are planned. The Plan identifies new roads and bridges, parks and trails, and a regional stormwater detention facility for the Transit Oriented Communities located at South 240th Street and South 272nd Street. These changes and improvements will come over time, and a successful implementation strategy Land Use & Planning Board Recommendation 39 will require a city funding strategy utilizing existing revenue sources and new financing tools. Goal MI-1: Provide an effective process and appropriate tools that will implement the vision for the Midway Subarea Plan. Policy MI-1.1: Implement the Midway Subarea Plan using a combination of development regulations and incentives, capital investments, and other public and private strategies. Policy MI-1.2: Establish a mechanism that identifies needed infrastructure and amenities to support the designated Transit Oriented Community at South 240th Street and create a financial strategy that shares the development cost for those improvements across the various parties that directly benefit from the improvements. Policy MI-1.3: Utilize tools such as master planned development, development agreements or other processes to facilitate site planning and permit process. Inter-jurisdictional Coordination: Envision Midway was a joint visioning effort by the Cities of Kent and Des Moines, engaging numerous agencies and institutions that have a stake in the outcome. The shared city boundary on the west side of SR-99 needs to be consistent to facilitate future development. Continued discussion and coordination needs to occur since many of the changes anticipated in this plan will take decades to be realized. Goal MIC-1: Reconcile regulatory differences between the City of Kent and the City of Des Moines along the shared city boundaries to facilitate economic growth and stability. Policy MIC-1.1: Continue to work with the City of Des Moines to create consistent land use regulations along the shared boundary west of SR-99 and within the Transit Oriented Community located at South 240th Street. Policy MIC-1.2: Wherever possible, ensure design guidelines and development standards are consistent with the City of Des Moines. Land Use & Planning Board Recommendation 40 Policy MIC-1.3: Enter into interlocal agreements to facilitate development where private properties are within both the City of Kent and the City of Des Moines. Goal MIC-2: Continue coordination with regional and state transportation agencies on matters of transportation investments, planning and construction. Policy MIC-2.1: Coordinate with Sound Transit, King County METRO, Washington State Department of Transportation, and Puget Sound Regional Council to ensure facilities and services are provided over time. Land Use Plan Map The Land Use Plan Map for the Midway Subarea Plan establishes the framework for amendments to the City's official Zoning District Map. There are several different land use designations within the Subarea and only one is new (see Figure 6 - Midway Subarea - Land Use Plan Map Designation). All designations will be incorporated into the Kent Comprehensive Plan - Land Use Plan Map and all freedoms and constraints associated with the Comprehensive Plan are applicable. Transit Oriented Community (TOC) This designation allows retail, office, and multifamily residential uses together in the same area or as a stand-alone use. This area allows high-density uses in support of rapid transit investments. Land Use & Planning Board Recommendation 41 Q m v ¢ ^ 1 \ rv. 7 �`� o o ry xa w m 4 411 ;'. 1411, L aq avian. .eaA,. ° . LAND USE PLAN oGj . MAP DESIGNATION `T, ,s LEGEND LAND USE % TRANSIT ORIENTED COMMUNITY(TOC) COMMERCIAL(C) Iti �" Et MOBILE HOME PARK MHP ( ) MIDWAY STUDY AREA I'll IT '�< - CITY LIMITS "I ITPOTENTIAL ANNEXATION AREA IT Midway Subarea 4 Figure 6 - Midway Subarea - Land Use Plan Map. Land Use & Planning Board Recommendation 42 Appendix A Employment and Housing Growth The City utilizes various data resources and methodologies to predict future growth of employment and households. For the 2004 Comprehensive Plan, staff used Buildable Lands Program methodology which generally determines capacity for growth based upon land use intensity achieved by actual development within the previous five (5) years. The 2008 Transportation Master Plan (TMP), adopted June 17, 2008 (Ordinance 3883), utilized existing and forecast employment and household numbers from the Puget Sound Regional Council (PSRC). The Midway Subarea Plan (the Plan) utilizes a modified buildout scenario that relies on capacity for new development based on the vision for Midway rather than forecast or achieved development. 2006 Baseline and 2031 Forecast data of households and employment are provided in two different formats. The 2006 Baseline (a.k.a. existing) data are provided as geo-coded point data based on address and applied to Kzones.' The 2031 Forecast data are provided within the geography of PSRC Transportation Analysis Zones (TAZ). Distribution of the 2031 Forecast to the smaller geography of Kzones is accomplished mathematically based on percent of Kzone within a TAZ. The forecast numbers reflect market trends within the region and do not represent the capacity available to absorb households and employment. The Kzone geography was adjusted to reflect the Subarea. The Plan proposes a pedestrian-friendly urban environment and additional density of uses, which requires new roads. The existing Kzones are divided into smaller areas. Kzones 405, 406, 407, and 408 are new. Kzones 87 and 110 are not completely within the Subarea. The data from the 2006 Baseline and 2031 Forecast used in the TMP are distributed to these smaller areas based on percent area. The 2006 Baseline land use data in Table 2 were produced for the TMP and suggest a near 50/50 split of housing and jobs. Puget Sound Regional Council (PSRC), in conjunction with the State Office of Financial Management (OFM), provided a 9 Employment baseline data were provided by PSRC and originate from the Washington State Employment Security Department, 2005 extract. Household baseline data were extracted from housing permits submitted by the City of Kent as of 2005 and geo-coded by PSRC. PSRC relied on existing zoning and recent development to determine growth forecast to 2031. A Kzone is a geographic area used for transportation modeling. Land Use & Planning Board Recommendation 43 forecast for housing and employment used in the TMP. When compared with the 2006 Baseline, the 2031 PSRC Forecast in Table 3 has a 14% increase in housing and a 71% increase in employment within the Subarea. Table 2 Midway Subarea 2006 Baseline Land Uses by Kzone KZONE SFDU MFDU RETAIL FIRES GOV EDU WTCU MANU UNIV HOTEL 25 1 66 49 57 19 0 24 1 0 7 87 43 475 132 518 20 0 9 1 0 0 110 592 511 261 159 0 0 10 197 0 185 405 6 0 52 6 2 0 12 0 0 0 406 1 81 60 70 23 0 30 1 0 9 407 1 61 46 53 18 0 23 0 0 7 408 20 59 39 40 12 0 15 7 0 9 TOTAL 663 1254 639 903 94 0 123 207 0 217 TOTAL HOUSING 1,917 TOTAL JOBS 2,183 Table 3 Midway Subarea 2031 PSRC Forecast Land Uses by Kzone KZONE SFDU MFDU RETAIL FIRES GOV EDU WTCU MANU UNIV HOTEL 25 1 94 149 202 12 0 12 20 0 7 87 88 544 347 168 39 0 217 4 0 0 110 611 511 364 494 30 0 30 49 0 185 405 19 7 29 102 27 59 16 1 0 0 406 1 117 184 249 15 0 15 25 0 9 407 1 88 139 189 12 0 12 19 0 7 408 21 76 105 142 9 0 9 14 0 4 TOTAL 741 1437 1317 1545 145 59 312 131 0 212 TOTAL HOUSING 2,178 TOTAL JOBS 3,721 Land Use & Planning Board Recommendation 44 The Plan proposes to increase the capacity in the Subarea by changing the Land Use Plan Map, Zoning District Map, and development regulations associated with the refinement of land use options explored during Envision Midway (see Figure 3 — Land Use Scenario 4.0). The allowable higher density of land uses will support the future high capacity transit planned by Sound Transit. Compact high density uses are envisioned for the transit node in the vicinity of Highline Community College. The station location near South 272nd Street has far less potential for the City of Kent to accommodate growth due to a large wetland that reduces the buildable land area. Growth will likely occur within the Cities of Des Moines and Federal Way near the South 272nd Street transit node. The methodology to determine the Subarea's capacity is based on the Midway vision and reflects buildout at the transit nodes. Most properties are considered redevelopable, with the exception of LaPlaza Shopping Center, Lowe's, the new office building housing Highline Community College and the gas stations. The vision considers the norm to be 5-story structures with a maximum of 15-story structures. The model also assumes little surface parking with most parking enclosed or underground. One parking garage associated with the light rail station is considered. Infrastructure at the Midway Transit Oriented Community near Highline Community College assumes 6.3 acres of new parks, 9.3 acres in regional surface water retention/detention facilities, approximately 2,601 linear feet of new roads and sidewalks and 2,085 linear feet of improvements to 30th Avenue. There is no new infrastructure at the 272nd Street transit node. Floor-area-ratio (FAR) is applied to determine buildout for new construction, and land uses are divided into residential (i.e., an average of 900 sq. ft. per dwelling unit) and employment (i.e., 500 sq. ft. per job). The employment is distributed by sector based on PSRC distribution percentages for the 2031 Forecast. The result is that the Midway Land Use Scenario 4.0 (see The Vision for details) provides an increase of 334% in employment and an increase of 517% in households from the 2005 Baseline. This capacity reflects a modified buildout that may not be absorbed by 2031 (see Table 4). Land Use & Planning Board Recommendation 45 Table 4 Midway Subarea Capacity Based on Land Use Scenario 4.0 by Kzone KZONE SFDU MFDU Retail FIRES GOV EDU WTCU MANU UNIV HOTEL 25 0 1330 302 1007 47 0 152 0 0 0 87 99 632 347 167 40 0 217 4 0 0 110 638 2003 446 272 32 0 303 138 0 186 405 0 3924 91 133 0 0 27 0 0 306 406 0 831 516 928 0 0 103 0 207 309 407 0 1693 544 744 0 0 143 0 0 0 408 0 671 177 1504 0 0 89 0 0 0 TOTAL 737 11084 2423 4754 119 0 1034 142 207 802 TOTAL HOUSING 11,821 TOTAL JOBS 9,481 The State Office of Financial Management (OFM) and the PSRC recently revised the 2031 forecast of households and employment, establishing new targets for the Central Puget Sound region to use for planning purposes in determining its ability to absorb the projected growth. The King County suburban cities along with the Cities of Seattle and Bellevue, and King County collaborated on the allocation of these 2031 growth targets to local jurisdictions. The resulting household and employment targets for Kent basically absorb all of the capacity determined by using the Buildable Lands Methodology. Providing additional capacity in the Midway Subarea will help Kent's ability to absorb future growth targets. S:\Permit\Plan\COMP PLAN AMENDMENTS\200ACPA-20074 MIDWAY1OrdinanceDocs\SubareaPlan Final.doc Land Use & Planning Board Recommendation 46 ATTACHMENT B MIDWAY DESIGN GUIDELINES CITY COUNCIL WORKSHOP SEPTEMBER 20, 2011 III KENT Al M, 5 W 4 MOB �1:3 "Y 0 W0 CITY OF KENT Midway Design Guidelines Orlin ,ncc N. ### - Effective #### Table of Contents INTRODUCTION 1 DESIGN GUIDELINES 3 Overview of Character 3 Site Design 4 Site Characteristics 4 Heart Locations 6 Topography 7 Street Compatibility 7 Human Activity 9 Pedestrian 10 Transition Between Residence, Street and Adjacent Sites 12 Parking and Vehicle Access 13 Screening of Dumpsters, Utilities and Service Areas 13 ARCHITECTURAL DESIGN 15 Height, Bulk and Scale 15 Architectural Context and Features 17 Exterior Finish Material 19 Human Scale 20 Commercial Entrances 22 Residential Entrances 23 Blank Walls 24 Parking Near Sidewalks 25 Personal Safety and Security 26 Signage 28 Lighting 29 Landscaping and Open Space 30 DEFINITIONS 33 Midway Design Guidelines 1 � v 6� v V i k i NO Introduction /u r � 1�i aiw� �uuu i Introduction The purpose of the Midway Design Guidelines (the Guidelines) is to establish a flexible framework of design options for creating interesting and high quality commercial, multi-family residential and public projects. The Guidelines apply to pedestrian-oriented places located around Sound Transit light rail stations planned near Highline Community College and near the intersection of South 272nd Street and Pacific Highway South (SR-99) with a Midway Transit Community 1 (MTC-1), Midway Transit Community 2 (MTC-2) or Midway Commercial/Residential (MCR) zoning district. The intent of the Guidelines is to establish a consensus of quality, unity, and conformity illustrated in a menu of design options that define a minimum condition for approval. For continuity along our shared boundary, the Midway Design Guidelines will have a counterpart in the City of Des Moines. 1 Land Use & Planning Board Recommendation The Midway Design Guidelines reflect the vision found in the Midway Subarea Plan. In addition to their application to private development projects, the Guidelines will be applied to street improvements, parks and other public facilities in an effort to create a setting that is special, dynamic and safe for civic activities. The Guidelines are not intended to slow or restrict development. Instead, they provide predictability MIDWAY SUBAREA and consistency to the development review LECILNI) MIDWAY SUBAREA process. POTENTIAL ANNEXATION AREA TRANSIT ORIENTED COMMUNITY 2 Land Use & Planning Board Recommendation M Design Guidelines Overview of Character: The vision for Midway is an active place where commerce, education and cultural events are integral to the fabric of the community; it is a place where broad spectrums of people live. This new 'urban center' is built around a light rail station, making the automobile less of a necessity for those who live or work there. Parks and outdoor gathering places provide a common ground where people meet and where nature rejuvenates the body and spirit. These green spaces, whether located on roof tops and terraces or on the ground, provide a sustainable method for managing stormwater runoff from this urban landscape. Midway is a walkable place where pedestrian circulation is convenient, attractive and safe. Pedestrian-oriented streets provide a high-quality environment where the spatial and functional integration of sidewalks and building elements complement each other. There is an ease of movement, and linkages are easily identifiable for the pedestrian. While the automobile continues to have a presence, particularly along Pacific Highway South (SR-99), the pedestrian has an equal status. Street and building design elements are integrated for walkability and to promote the identity of Midway. Gateways identify Midway and the cities of Kent, Des Moines, and Federal Way. Development can capitalize on scenic views to the Puget Sound Basin. The following overarching design concepts represent the intent of the Midway Design Guidelines: 3 Land Use & Planning Board Recommendation Promote Architectural Compatibility Reflect the 21st Century. Establish Gateways and Neighborhood Identity Create a unique identity for those who live and work in Midway, along with those who pass through, while smoothing the transitions from a mixed-use commercial environment to the surrounding single-family neighborhoods. Protect and Enhance Views Promote the view potential of Midway and Kent-Highlands by siting and designing new construction in a manner that maximizes capturing territorial views iconic to the Puget Sound Basin. �r r, s ;� aor��JaIIVSJ�I' � rear Site Design: �N 1111W Site design is the arrangement of buildings, landscaping, open space, circulation elements, and other features in response to unique site features and surrounding context. Site Characteristics li Overview: The built environment should be oriented to respond to specific site conditions and opportunities such as proximity to prominent intersections, topography, significant vegetation and views, or other natural features such as sunlight. 4 Land Use & Planning Board Recommendation Intent: To locate buildings strategically to create a sense of place, encourage synergy with its surroundings, and optimize sustainable design. Guidelines: Reinforce established community gateways through the use of architectural elements, streetscape features, artwork, landscaping, signage, or references to the history of the location. :• Provide outlooks and overlooks for the public to view public open space or territorial views of mountains or water bodies. Minimize shadow impacts to public arks and multi-modal trails. p l p ��',,. , ii/fir/�/�f/r///�i✓fll/6�io Configure the development to lower - ��i�; "All its impact on the environment " � through: r„ o Solar orientation o Storm water run-off ���� detention and filtration 4z systems o Sustainable landscaping o Versatile building design for adaptive reuse during the building's life cycle, 5 Land Use & Planning Board Recommendation I Heart Locations Overview: Heart Locations serve as the perceived center of commercial and social activity within a neighborhood. These locations have an identity and are anchors for the community. Intent: To enhance and promote the central � u , character of Heart Locations through appropriate site planning and architectural treatments, giving high priority for improvements that focus on the public realm. p Guidelines: Provide design treatments to respond to identified Heart Locations as listed below: o Light rail station o Parks and plazas fff ir; o Commercial intersection nodes Provide primary entry treatments and facade amenities to respond to centers of commercial and social activity at Heart Locations. Primary entries shall provide a minimum of four (4) amenities listed below: o Weather protection � a o Lighting o Public arty o Special paving I� o Landscaping o Additional public or semi-public open space 6 Land Use & Planning Board Recommendation ��rnrmixmro uirrr< �q f�Y � V r S Topography Overview: The built environment should reflect, rather than obscure, natural topography. ,re Intent: To respond to topographic conditions of the site and its neighbors: Guidelines: Step buildings up slopes to accommodate significant changes in elevation. Utilize topographic considerations to reduce the visibility of parking garages. Street Compatibility5 Overview: The character of a street defines the human experience; from a, the eyes of the pedestrian, the street with its sidewalks and related spaces is perceived as individual "rooms". The sidewalk and related spaces need to be . ...... -- safe, welcoming, and easy to navigate '�� Buildings and other structures play a significant role in creating this pedestrian -- friendly environment. e Intent: To site buildings in a way that acknowledges and reinforces the desirable >i spatial characteristics of the right of way and pedestrian realm. 7 Land Use & Planning Board Recommendation Guidelines: Establish entries that are clearly identifiable and visible .. from the street, and create a sense of human scale as �a+b . exemplified in the "Golden Ratio". The total length of a b is to the longer segment as a is to the shorter segment b. Two quantities are in the Golden Ratio if the ratio of the sum of the quantities to the larger quantity is equal to the ratio of the larger quantity to the smaller one. The Golden Ratio is often denoted by the Greek letter phi. Where appropriate, consider a reduction in the amount of commercial and retail space at the ground level to create transition zones between ( j commercial and residential areas. Transition zones may include: 1117�" o Locating office uses adjacent to residential ° o Locating parking niches as a buffer to residential uses u o Locating plazas or alcove entryways between uses o Orienting retail entries away from residential uses Provide a minimum sidewalk area of 12 feet with eight (8) feet for sidewalk and four (4) feet for street trees, landscaping and other pedestrian amenities. 3 F Design for a network of safe and well-lit pedestrian connections between buildings to encourage human activity and link existing activity areas at a minimum of every 400'. Discourage closed campuses by l r` keeping pedestrian connections open. i 8 Land Use & Planning Board Recommendation u m� p C � I,i r o. r i Human Activity Overview: Lively street edges make for safer streets. Ground floor shops �a and services needed by residents " attract market activity to the street and increase safety through informal surveillance. Intent: To encourage human activity on the street through site planning, architectural design and business activity. Guidelines: Consider accommodating outdoor dining opportunities, r10rt ,� b setting portions of the building back and providing t Y 9 P 9 P 9 plazas, generous walkways, or open windows to bring h the activity to the public sidewalk edge. 6 Create activity clusters through appropriate co-location r of uses. Encourage commercial activities to spill out at a maximum of two (2) feet onto the public sidewalk, maintaining adequate clearances for pedestrian movement. Provide street level transparency to encourage interaction between people and the activities within the interior of a building. The following examples of undesirable design treatments are prohibited: o Windowless walls o Mirrored or non-transparent glass o Backs of display cases in windows o Window frame bottoms located above waist level as measured from a non-sloping street o Interior walls, equipment, or functional layout that hampers the intent of transparency as stated above 9 Land Use & Planning Board Recommendation k, Pedestrian Overview: Successful pedestrian- oriented places require convenient, safe '"�'. and interesting circulation opportunities. Intent: To create a rich, attractive, and safe pedestrian-oriented environment that facilitates movement and provides interest lee Guidelines: Provide a pedestrian-friendly streetscape with connectivity, interest and amenities that i emphasize details and quality„ materials, such as: o Short blocks o Safe and well lit crosswalks o Wide walkways for easy passage l o Gi i,�xi <1 u�y o Tree grates o Seating o Lighting Provide a generous amount of weather protection along sidewalks or other walkways adjacent to buildings to enhance the pedestrian environment. Buildings over 200 feet in length and '' ~p j, contiguous with public parks or open space shall provide a wide, safe, and interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. 10 Land Use & Planning Board Recommendation Maintain a continuous and safe public streetscape for the pedestrian considering the following design techniques: o Provide generous sidewalks (minimum 12' wide) for pedestrians to easily pass potential commercial activities spilling outside the �� fire business establishment. �s ( l o Limit gaps in the streetscape by restricting parking access to the minimum width required by code. o Set buildings as close as possible to the sidewalk, with ground floor display windows that provide views to the interior. o Provide pedestrian interest every 25 feet using display window, entrances, pedestrian-oriented signs, or exterior light fixtures that also complement the building architecture, plantings, or artwork. o Define an amenity zone for understory plantings, street trees, benches, trash and recycling receptacles, bike racks and the like (note: bundle newspaper dispensers, delivery service drop boxes to minimize clutter, having no more than four (4) dispensers per block). Of o At corners where buildings are set back: provide a generous pedestrian space, ensuring the area contains sufficient edges, amenities and activities to support a / place for people to gather (i.e., seating, planting, lighting, trash receptacles, etc.). Provide 'way-finding' signs for pedestrians to navigate the neighborhood. Provide a safe, attractive, pedestrian-friendly environment within shopping centers to facilitate movement internally and to adjacent uses, such as: � <, fl i9K is o Landscaped pedestrian walkways o Seating o Lighting , 11 Land Use & Planning Board Recommendation r i h — p 4, 7 it Transition Between Residence, Street, and Adjacent Sites Overview: For residential projects, the space between the building and the ° sidewalk should provide security and privacy and encourage social interaction among neighbors. Buildings should respect adjacent properties, particularly less intensive uses. Intent: To create a safe, attractive, and comfortable transition between private and public spaces for residential uses. , Guidelines: Step back the upper floors, or increase they side or rear setback, so that window and balcony areas are farther from the property line. � ' �rl�✓ ❖ Stagger residential windows to not align with adjacent windows. Encourage site planning to create the following: k, o Courtyards o Common gardens o Common pathway , o Front entrance stoops/rear at-grade access i11A w o Small private garden h a/ m,4Q % oifi,dtrclv� :• Accommodate a variety of residential uses such as townhouse, live-work, apartment, student and senior living. 41 " 12 Land Use & Planning Board Recommendation � Ir t' Fjlryt /i� vi Parking and Vehicle Access f f/i Overview: Parking lots, garages and driveways can i have a negative impact on the pedestrian environment and adjacent properties and should be minimized to maintain a level of pedestrian compatibility and human scale. Intent: To reduce the impact of surface parking lots, garages and driveways through site planning. Guidelines: Surface parking shall be located at rear or side of building site. Surface parking lots shall not exceed thirty (30) stalls per building complex within the MidwayV vrR �l�rn a Transit Oriented Community 2 District. Minimize number and width of driveways and curb cuts. Share driveways with adjacent property owners. When building sites are sloped, locate parking in lower level or less visible portions of site while maintaining views to the parking from nearby buildings. Provide car-sharing opportunities to lower parking requirements. Screening of Dumpsters, Utilities and Service Areas � a Overview: Unsightly service elements can detract from the visual aesthetics and compatibility of new projects with the community and create hazards for pedestrians and vehicles. 13 Land Use & Planning Board Recommendation Intent: To site the service elements like trash dumpsters, loading docks and mechanical equipment of new buildings away from the street front where possible. When these elements cannot be located away from the street front, they should be situated and screened from view and shall not be located in the pedestrian right of way. d��0�'8rllCl Guidelines: :• Locate utility meters, dumpsters, mechanical units and service areas away from the street front. Screen dumpsters, mechanical units and ����"�% services are behind a screen wall or fence so that it is not visible from the building entrance. %f y Use durable materials that complement the building for screening. Incorporate landscaping to create a more effective screen. Locate the opening to the service area away from the sidewalk. Prohibit the location of service elements like mechanical equipment, signal controls, and utility meters at or above grade in the pedestrian right of way. Utilize principles of Crime Prevention through Environmental Design when siting service elements. 14 Land Use & Planning Board Recommendation rb F Fs ,I„v�oa„ Architectural Design: Architectural design, choice of construction materials, �� i✓ '� / and how the built form sits within the context of its surroundings influence the sense of place. A well- designed building should be welcoming, add human interest, and allow opportunities for meaningful social interaction. Height, Bulk and Scale Overview: Projects should be compatible with the � - scale of development anticipated by the applicable Zoning Districts for the surrounding area and should be sited and designed to provide a sensitive transition to nearby, less intensive zones 1 ' as well as the pedestrian environment. Intent: Projects located along different zone edges or next to public spaces or which have unusual physical characteristics such as large lot size, unusual shape, or topography, should be developed in a manner that creates gradual transition in perceived height, bulk, and scale. Guidelines: Consider a variety of factors to address height, bulk and scale impacts on adjacent properties with different zoning district ' designations, including the following: y y r1 o Distance from the edge of a less fr intensive zone d F 15 Land Use & Planning Board Recommendation o Differences in development standards between ' abutting zones (allowable building height, width, lot . coverage, etc.) M o Effect of site size and shape o Type and amount of separation between lots in the different zones (i.e., separation by only a property line by a street or by other physical features such as grade changes) Utilize careful siting techniques and design treatment to achieve compatibility with surrounding land uses, including the following: �y» , � . o Architectural style o Details (such as rooflines and window treatments) o Color and materials o Landscaping or other screening o Co-locate existing uses or zoning districts. Reduce height, bulk and scale of the proposed structure as needed to mitigate adverse impacts to adjoining public amenities, including sidewalks, parks, and open space and to achieve an acceptable level of compatibility, by including the following: o Articulate the ground floor building facade vertically or horizontally in intervals that conform to new neighboring structures. o Step back building upper levels from original footprint starting at the third story and once again when the building exceeds 6 stories to take ;-' advantage of views, increase sunlight at street level, � � +} `� ", and create a pedestrian scale. 16 Land Use & Planning Board Recommendation g . o Set back buildings located at street intersection � corners to promote visibility and encourage < < pedestrians to gather. o Increase building setbacks from a less intensive zone edge. Use architectural features to reduce building scale, such as: o Landscaping, trellis. o Variety of complementary building materials. 1 o Detailing, accent trim, fenestration, or modulation. J P Architectural Context and Features Overview: Building design elements, details and massing should create a well-proportioned and unified building form, exhibit an overall architectural concept, exhibit features identifying the functions within the building, complement physical conditions of existing development, and if appropriate pioneer and establish a pattern or identity from which future development can take its cues. Intent: To focus on the design consideration of organizing the many architectural elements of a building into a unified whole, so that details and features can be seen to relate to the structure and not appear as add-ons, and the building form derives from its function and integrates into the surrounding architectural context. Guidelines: Create a well-proportioned and unified building form that exhibits an overall architectural concept expressed in distinct architectural features and details. 17 Land Use & Planning Board Recommendation •: Architectural features shall include a minimum of three (3) of the following: • Building modulation or 0 articulation • Bay windows or balconies • Corner accent, such as a turret or clock tower • Garden or courtyard elements (such as a fountain or gazebo) • Rooflines • Building entries • Building base Architectural details shall include a minimum of five (5) of the following: v�� o Treatment of masonry - such as ceramic tile inlay, paving stones, or alternating brick patterns o Treatment of siding - such as wood siding combined with shingles 1k o Articulation of columns o Sculpture or art work o Architectural lighting o Detailed grills and railings o Special trim details and moldings o Trellis or arbor o Awnings or canopies ' A u Exhibit building form and features that identify the functions within the building, such as: � % �•- o� o Grand entry for financial ! institution o Balconies for residential 18 Land Use & Planning Board Recommendation Clearly distinguish roofline or top of the 9 structure from the building's facade. Vj W Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following o Fenestration patterns o Building proportions o Building materials �IIIIIVVVVVIIIIII�VIOVVVVI�IIIIIIIIOIIIIIIIIIIIOIIIIIINuuuuuuuuuuuuo............. '" Design and organize the "fifth elevation" — the roofscape — rooftop elements to minimize visual impacts from surrounding buildings. {r Exterior Finish Material ur Overview: Building exteriors should be constructed of lasting, renewable, and easy to maintain materials that are attractive even when viewed up close. Intent: To encourage the use of durable and sustainable building materials that have texture, pattern, or lend themselves to a high quality of detailing. 19 Land Use & Planning Board Recommendation Guidelines: Use materials that by their nature, provide a sense of a �, 5� 9 i permanence, and can provide texture or scale that ;r helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: ' o Stained or painted wood siding o Shingles o Brick o Stoneo Ceramic and terra-cotta tile rII� M Provide entries plazas or other semi-public or public spaces P P P with a visually interesting (if�uin. ground plane, such as: o Use of local materials o Recording history and tradition o Designs that delight I ,M�mw A � Human Scale Overview: The term "human scale" generally refers to architectural features and site design elements oriented to human proportion and activity. A building has a good human — scale if its details, elements and materials allow people to feel comfortable using and approaching it. Features that give a =" building human scale also encourage human activity (see Golden Ratio in glossary). r�Mn"n�ia wiluuliili 20 Land Use & Planning Board Recommendation Intent: To design new buildings and public spaces that incorporate architectural features, elements and details that achieve a good human scale. Guidelines: Utilize the following building elements to achieve human scale: Distinctive ground floor building materials from upper stories. ,uh Alternation of dormers, stepped roofs, gables or other roof elements to reinforce the modulation or articulation of the structure. Pedestrian weather protection in the form of canopies, awnings, arcades or other elements wide enough to protect at least one person. , m. Pedestrian-oriented open space such as a courtyard, garden, patio, or other unified a� landscaped areas. Bay windows that reflect an internal space such as a room or alcove. Large areas of glazing separated through the use of moldings or door jambs. � 1J Trim or molding that appears substantial from the w y sidewalk and is separated from adjacent windows by a vertical element. Windows with small multiple panes of glass. Window patterns, building articulation and other M,�r `, t treatments that help to identify individual residential units in a multi-family building. o Visible chimneys. A 21 Land Use & Planning Board Recommendation r^ ram, rp' Commercial Entrances Overview: The space between the building and r �0 the public right-of-way may be conducive to pedestrian or resident activity. In a business 01 rs district, where pedestrian activity is desirable, the primary function of open space between commercial buildings and the sidewalk is to provide visual and physical access to activities such as vending, sitting or dining, as well as convenient and attractive access to the building. Whether for commercial activity or user access, the semi-public and private space should ensure comfort and security, be sufficiently lighted, and entry areas should be protected from the weather. Intent: To provide opportunities in commercial and mixed-use buildings for entrances and associated spaces that are lively, attractive, comfortable, and secure for the pedestrian or resident. G' .......... Guidelines: Where there is sufficient distance between the building and the public right-of-way, provide the following features: o Walking surfaces with attractive pavers "1111 o Area for commercial display oractivities o Landscaping that screens undesirable elements or that enhances the public space and architecture o Site furniture, artwork or amenities such as fountains, benches, pergolas, kiosks, etc. o Other methods that meet the intent of these criteria 22 Land Use & Planning Board Recommendation Ensure special detailing or architectural features lr� at entrances, such as the following: pf o Ornamental glazing, railings orbalustrades o Awnings or canopies "I"I"I r o Decorative pavement and lighting o Seating o Architectural molding o Planter boxes, containers, or trellises o Artwork signs and visible building address J Af 1 1 AR 1 C o Other methods that meet the intent of these criteria r Residential Entrances Overview: Whether housing is mixed in with commercial projects or stand alone, entries need to provide security, a sense of privacy, and identity for the occupants and their visitors. Intent: To provide safety, privacy and visual interest for residential uses. . � ii „ Guidelines: In residential mixed-use buildings, enhance the character of the streetscape and create a transition between the public sidewalk and private entry by providing the following: o Recessed or courtyard entries o Small gardens o Weather protection and/or grand canopies a„ ' o Stooped entries or grand stairways o Change in glazing or window frame o Contrasting trim or distinctive surrounds 23 Land Use & Planning Board Recommendation i o Lighting o Distinctive addressing o Accented paving o Other methods that meet the intent of these criteria Create unique unit entries in town house/rowhouse residential buildings by providing the following: o Entrances with stoops o Covered porch or entry o Transitional spaces such as portals or arcades o Distinctive paving of on-site walkways o Surrounds around entry + doors using color, texture n and building material i Blank Walls r Overview: In the pedestrian-oriented %% f Midway Transit Oriented Community, every effort should be made to avoid large blank walls to increase pedestrian interest and reduce opportunities for as taggers or other graffiti. Intent: To ensure a friendly streetscape, blank walls should be avoided, and if they are unavoidable, they should receive design treatment to increase pedestrian comfort, interest, and visual aesthetics. 24 Land Use & Planning Board Recommendation Guidelines: o Avoid large blank building walls especially near public and private sidewalks and pedestrian pathways. Avoid retaining walls that extend higher than eye level,; Syr/r near a public sidewalk and between properties. Provide special treatment for blank walls longer than twenty (20) feet and visible from pedestrian walkways, parking areas, and adjacent properties. The following treatments may be used: /i fl j o Vertical trellis supporting climbing vines. f o Planter bed containing a rich assortment of plant materials that vary in height, texture, and color. �r o Pedestrain-oriented art (mosaic, mural, decorative masonry pattern, sculpture, relief, etc.) over a substantial portion of the blank wall surface. ; o Other methods that meet the intent of these criteria. a, G II�III r ParkingZ Near Sidewalks ' Overview: Parking below grade or structured parking is preferred; however, some surface parking lots near sidewalks �t are expected. Parking lots near sidewalks are similar to blank ' walls, adding little interest to the pedestrian experience. Minimally parking lots should provide adequate security and I lighting, avoid encroachment of vehicles onto the sidewalk, and minimize the visual clutter of parking lot signs and equipment. 25 Land Use & Planning Board Recommendation Intent: To design parking facilities that are pedestrian-friendly, safe, and easily maintained to maximize a lively street front. Guidelines: Separate surface parking lots or carport �o ' areas adjacent to public rights of way by a 5 � f low screen wall with plantings or plantings i alone 24 to 36 inches high (and per KCC 15.07 and Kent Design & Construction Standards). Ensure parking structures at-grade and accessory parking garages are architecturally compatible with the w main structure and streetscape using architectural detailing (i.e., frieze, cornice, canopy, overhang, trellis or other devices to cap the parking structure). Design a parking structure to provide visual interest to t` the streetscape or adjacent property by providing the following: o Commercial uses at the ground floor. r- o Dense landscaping that provides variety, height, texture, and color. o Landscaping and architectural features to parking entrances. o Techniques found in the Blank Walls section of Architectural Design. Ensure pedestrian walkways, ramps, and stairways associated with surface parking or parking structures are well-lit for safety with non-glare lighting to respect adjacent uses (see Kent Design & Construction Standards). 1 ' I Personal Safety and Security jf Overview: New projects should consider opportunities to enhance personal safety and security for the residents, workers, shoppers and visitors who enter the area. 26 Land Use & Planning Board Recommendation Intent: To reduce crime and create an increased feeling of personal safety and security through increased activity at street level using building design elements and improved pedestrian gathering places. Guidelines: Enhance public safety to foster 18-hour public activity. To accomplish this goal, utilize the following methods: N o Strategically locate pedestrian and streetscape lighting. / !/ o Focus on key functional or aesthetic elements such as doorways, windows, signage, and architectural details. o Design public spaces to have clear sight lines. Use reduced glare security lighting fixtures so as not to hamper the vision of pedestrians, bicyclists, drivers or adjacent property uses. Consider motion-detector lights in areas � not needing constant night lights. Use landscaping that maintains visibility, such as short shrubs and pruned trees, so there are no branches below six (6) foot height at 10 years after installation. �Jl Use creative ornamental grille as fencing or over ground floor windows wherever appropriate. Design parking areas to allow natural surveillance by A maintaining clear lines of sight both for those who HIM park there and for occupants of nearby buildings. Encourage "eyes on the street" throughiii windows, balconies and street-level uses. ; Ensure natural visibility of children's playareas and other semi-public spaces. 27 Land Use & Planning Board Recommendation Sianaae Overview: There are two environments within the Midway Overlay District. One fronts SR-99 and is Highway Oriented with large volumes of traffic moving at relatively high speeds. The other environment is more Pedestrian Oriented and located on streets to the east and west of SR-99 where the streets are narrow, vehicular speeds are greatly reduced, and the pedestrian is dominant. While different, both are treated as pedestrian-oriented by providing visual interest and human dimension to street-level building facades. The following are additional guidelines for signage. Intent: To create signs that are engaging, creative, and effective for a variety of user groups and respond to a variety of pedestrian and vehicular environments. Guidelines: Design signage as an integral part of the building facade and 1 architecture adding interest for the pedestrian and integrity in building design. Encourage creative and individual expression in the design and placement of signs. Encourage creative, sculptural, and neon signs. Placement of signage shall not obscure or overlap architectural elements. r Glass buildings shall incorporate a sign band into the building design to accommodate signage. High-rise buildings shall consolidate multiple signs. r,Y, For development over 2 acres in size a Master Sign Plan shall be created that is in keeping with the ; objectives of the Midway Design Guidelines. 28 Land Use & Planning Board Recommendation %r �j J( y i Liuhting Overview: Lighting plays a critical role in the character of a place as well as for safe movement off pedestrians and vehicles. Well designed lighting limits glare and light pollution while providing security. Light can also provide visual interest by accenting trees, building facades, or providing fanciful ambient light. Intent: To provide artificial lighting that promotes visual interest and a sense of security for people in commercial and residential areas during evening hours. Guidelines: Encourage illuminating distinctive features of the building, such as entries, signage, and areas of architectural detail and interest. Ensure lighting fixtures complement the building facade. �7'V Utilize energy-saving night lighting. Utilize downward directed lighting at entries and along walkways so as not to cast glare into right of way and neighboring uses (see Kent Design & Mis Construction Standards. Public and semi-public Street Lighting shall be non-glaring with cut off fixtures to r minimize light spilling over onto adjacent properties or public ROW as specified in Kent's Design & Construction Standards (KDCS). If these guidelines and the KDCS conflict, the guidelines control. 29 Land Use & Planning Board Recommendation Pedestrian-oriented lighting shall be used in all parks, plazas, or pathways to provide safety while minimizing light spillover on to adjacent properties. Private Ensure flood lighting in delivery areas is directed downward to limit glare and is active only during the time of delivery; otherwise, security lighting in delivery areas or high risk areas shall be low wattage and directedI '�„'r` downward to be sensitive to adjacent uses. ' Ensure accent lighting is appropriate to and complements the overall character of the public or semi-public setting. , r E Landscaping and Open Space Overview: Landscaping and greenopen spaces within the land use designated Midway Transit Community '' m soften the urban form by integrating the building into the natural environment and creating public and semi-public spaces for human interaction. Intent: To create an intimate and human scale environment through the use of hardscape or greenscape which reinforces, complements and enhances the public streetscape and public open spaces and contributes to the natural environment while discouraging oversized spaces that lack human scale. 30 Land Use & Planning Board Recommendation Guidelines: l" Landscaping includes living plant materials, special pavements, trellises, 9 screen walls, planters, site furniture and similar features that enhance the �' a overall project design. Utilize the following guidelines: o Select plant materials based on //N�,�����, soil conditions and light exposure ' " first, followed by form, texture and color to ensure an interesting landscape that will thrive within the niche in which they have been planted. o When selecting plant materials, utilize drought tolerant species and plants that support wildlife by creating habitat. o Use similar landscape construction materials, textures, colors or elements to fit into the surrounding context to achieve design continuity. Create plazas and courtyards that are welcoming and comfortable for human activity and social interaction while moving through, as well as sitting and standing within. Amenities to consider are: o Planters and trees o Seating — benches, tables & chairs, low seating walls o Special paving o Bollards or other pedestrian lighting that accent the building and landscape, while facilitating pedestrian movements°' o Public art o Water feature Take advantage of special on-site conditions such as slopes, view corridors, significant trees, nearby publicly owned greenbelts or open space, or adjacent private open space in the following manner: o Support the creation of a passive and active open space that may include pooling on-site open space requirements to create larger spaces. o Whenever possible, link semi-public spaces with adjacent public open spaces to facilitate movement from one place to another. 31 Land Use & Planning Board Recommendation o Wherever possible, retain existing mature trees in a manner that ensures longevity. o Street trees shall not be planted within 20 feet of any street light (see Kent Design & Construction Standards). o If a street has a uniform planting of street trees, or a distinctive species, install street trees that match the existing tree form or species (per KCC 6.10). Enhance the built form through the use of plant materials, paving, and other features such as the following: o Emphasize entries with special planting, decorative paving and lighting. o Consider special features within a courtyard such as a fountain or o Consider integrating artwork intoMin publicly accessible areas to evoke asense of place.o Distinctively landscape open areascreated by building modulationo Incorporate upper story planter boxes and roof planters. o Encourage water features, including natural marsh-like installations. o Where wheelchair ramps are provided on the street front, include a planting strip next to the sidewalk. 32 Land Use & Planning Board Recommendation Definitions Articulation — Where built elements connect. Balcony — A balcony projects from a building and is enclosed by a railing, balustrade, or parapet. Bay Window — A bay window protrudes from an exterior wall. Blank Walls — A blank wall is over five (5) feet in height measured from finished grade at the base of the wall and longer than 20 feet measured horizontally, and does not have any significant building feature, such as a window, door, or other special wall treatment along that surface. Courtyard — A courtyard is an open space that is enclosed on three or more sides by walls or a building, and that is open to the sky. Facade — Generally, a facade refers to one side of the exterior of a building, especially the front since it is the most important from a design standpoint and typically contains the primary public entry and faces the public street. Fenestration — Fenestration is the design and arrangement of openings in a building envelope, such as windows, doors, and skylights. Gateways — Key intersections that are entranceways into the Midway Subarea. Golden Ratio — The golden ratio is a mathematical constant and used in the arts by architects and artists in an effort to proportion their works to be aesthetically pleasing. The following is the algebraic expression of the geometric relationship: a + bla + alb = (P Pedestrian-friendly — Pedestrian-friendly, or walkability, is a measure of how friendly an area is for walking. Factors influencing walkability include the presence or absence and quality of footpaths or sidewalks, traffic and road conditions, land use patterns and their intensity, building accessibility, and safety, among others. Pedestrian Scale — Pedestrian scale is the perceived height and bulk of a building relative to other forms in its context. Service Areas — Service areas refer to enclosed or open areas, containing equipment and uses such as ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas. Site Planning — Site planning is the organization and arrangement of structures, land form, circulation, parking, landscaping, drainage, privacy, public open spaces, and other facilities on a specific site. Good site planning will result in a cohesive site design concept and take into consideration natural features, slope, hydrology, vegetation, land ownership, orientation, the uses and design of neighboring sites, and other features in the immediate vicinity of the site. Streetscape — The streetscape is the visual character and quality of a street as determined by various elements located between the edge of the street and the building face, such as trees and other landscaping, street furniture, artwork, transit stops, utility fixtures and equipment, and paving. Where there are frequent and wide spaces between buildings, the streetscape will be defined by the pattern of building and open space and the character of that open space. Surface Parking — Surface parking is single level vehicular parking located at ground level. Structured Parking — Structured parking is a multiple level structure designed specifically to be for automobile parking, in whole or in part. ATTACHMENT C KENT CITY CODE REVISIONS CITY COUNCIL WORKSHOP SEPTEMBER 20, 2011 15.04.020 Residential land uses. ZONING DISTRICTS U t T T C O t'j C C N 7 7 .0 yVl E E U 0 E E � J Y Key o m V V 0 P = Principally Permitted Uses U L S = Special UsesE c c EJ C = Conditional Uses a E A = Accessory Uses U > T V E o m O N A A T i O N U a V 3 E O E N V N V V U O i i C a U Vr Vr cd N C7 S U HST � 2 V T 2: U U fC fC fC U C7 One single-family dwelling per lot P One duplex per lot One modular home per lot Duplexes Multifamily townhouse units P(2) P P P P(2) Multifamily dwellings P(2) P P P P(2) Multifamily dwellings for senior citizens P(2) P P P P(2) Mobile homes and manufactured homes P Mobile home parks P Group homes class I-A P P C P P C C Group homes class I-B P C P P C C Group homes class I-C P C C C C C Group homes class II-A C C C C C C Group homes class II-B C C C C C C Group homes class II-C C C C C C C Group homes class III C(23) C (23 C (23 C (23 C(23) C(23) Rebuild/accessory uses for existing dwellings P(6) P(6) P(6) P(6) P(6) P(6) Transitional housing P(7) P(7) ZONING DISTRICTS U t T T C O t'j C C V N 7 7 C yVl I: E U L L Key H m V V P = Principally Permitted Uses U U = = w Q S = Special Uses W N N `y mu C = Conditional Uses a i i E EJ A = Accessory Uses W O H H e U u H E > V E M O N A A T i O N U 3 u p N N f U N a U Vr Vr Q: r N C7 S U 2 U U fC fC fC U C7 Guest cottages and houses Rooming and boarding of not more than three (3) persons Farm worker accommodations Accessory uses and buildings customarily A A A A A A appurtenant to a permitted use Accessory dwelling units A(10) Accessory living quarters A(14) A (14) A (14) A (14) A(14) A(14) Live-work units I IP(28) Home occupations A(11) A(11) A (11) A (11) A (11) A(11) A(11) Service buildings A Storage buildings and storage of recreational A vehicles Drive-in churches; welfare facilities (including C C C C C(12) C(12) emergency shelters); retirement homes, convalescent homes, and other welfare facilities whether privately or publicly operated, facilities for rehabilitation or correction, etc. Designated manufactured home P(25) 15.04.030 Residential land use development conditions (excerpts relevant to above table) (2) Multifamily residential use shall be permitted only in the mixed use overlay when included within a mixed use development. (6) Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds, and fences. (7) Transitional housing facilities, limited to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff. (11) Customary incidental home occupations subject to the provisions of KCC 15.08.040. (12) Except for transitional housing, with a maximum of twenty (20) residents and four (4) staff, which are principally permitted uses. (14) Accessory living quarters are allowed per the provisions of KCC 15.08.359. (23) Secure community transition facilities are permitted only in the GWC zoning district. (25) A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative. c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. Amend Kent City Code 15.04.030 -'Resiaential land,use development conditions, as follows (insA6rt,after 27.) (28) Live-work units; provided, that the followina development standards shall apply for live-work units, in addition to those set forth in 15.04.190. a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than fifty percent of the gross floor area of the live/work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live/work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live/work unit may be employed in a live/work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; q. The multiple-family design guidelines and development standards do not apply to live/work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAY\City Council\092011_Workshop\Midway 15.04.020 Table.docx 15.04.040 Manufacturing land uses. ZONING DISTRICTS U t A C T T C O t'j C C N 7 7 .0 yVl E E U 0 E E Key E o o P = Principally Permitted Uses U L .V_ .V_ Q S = Special Uses W N N y u C = Conditional Uses a E EJ M M g W A = Accessory Uses W 0 H H e u E E > > V E O N A A T i O N U W V V 3 u EO N N f U W N a U S U H2 H2 U U fC fC fC U C7 Manufacturing, processing, blending, and P(23) packaging of food and beverage products Manufacturing, processing, blending, and P packaging of drugs, pharmaceuticals, toiletries, and cosmetics Manufacturing, processing, blending, and P packaging of dairy products and byproducts Industrial laundry and dyeing (including linen P supply and diaper services) Printing, publishing, and allied industries P C Chemicals and related products mfg. Contractor shops P(5)(3) Custom arts and crafts products mfg. Computers, office machines, and equipment P(3) Mfg. Manufacturing and assembly of electrical P(3) equipment, appliances, lighting, radio, TV communications, equipment, and components Fabricated metal products mfg.; custom sheet P metal mfg., containers, hand tools, heating equipment, screw products, extrusion, coating, and plating Manufacturing and assembly of electronic and P(3) electrical devices, and automotive, aerospace, missile, airframe, and similar products Hazardous substance land uses A(8) A(7) A(7) A(7) Offices incidental and necessary to the conduct A A A P of a principally permitted use Warehousing and distribution facilities P(16) Rail-truck transfer uses U t C r N A L T T C U C C 'O N 7 7 C yVl E E d U 0 E Ece Key E m o o P = Principally Permitted Uses U L S = Special Uses m N y mu C = Conditional Uses a E 2 2 A = Accessory Uses o H H p u E U o T m m V o D a V 3 u EO N N f U N a U S U H2 H2 U fC fC fC U C7 Outdoor storage (including truck, heavy P A equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) Miniwarehouses self-storage C(19) P C Manufacturing of soaps, detergents, and other basic cleaning and cleansing preparations Manufacturing of plastics and synthetic resins Manufacturing of synthetic and natural fiber and cloth Manufacturing of plywood, composition wallboard, and similar structural wood products Manufacturing of nonmetallic mineral products such as abrasives, asbestos, chalk, pumice, and putty Manufacturing of heat-resisting or structural clay products (brick, tile, or pipe) or porcelain products Manufacturing of machinery and heavy machine tool equipment for general industry and mining, agricultural, construction, or service industries Manufacturing, processing, assembling, and packaging of articles, products, or merchandise made from previously prepared natural or synthetic materials Manufacturing, processing, treating, assembling, and packaging of articles, products, or merchandise from previously prepared ferrous, nonferrous, or alloyed metals P Complexes which include a combination of uses, including a mixture of office, storage, and light manufacturing uses U M L L y O T T C O t'j C C O N 7 7 C yVl E E ce U Q E E L Key E m o o P = Principally Permitted Uses 0 L r r T m Q S = Special Uses L N N y m C = Conditional Uses a M M gEJ A = Accessory Uses a 0 H H p E E > > V E O N A A T L O 9 9 3 E E f f L o E .a N U N O a U Vr Vr 4: r N C7 S U H .'%i .pi V pi U U fC fC fC U C7 Accessory uses and buildings customarily A(9) A(10) A(10) A(10) A(9) A(9) appurtenant to a permitted use Impound lots C 15.04.050 Manufacturing land use development conditions: (excerpts relevant to above table) (3) Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten thousand (10,000) square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten thousand (10,000) square foot manufacturing operation shall be permitted per lot. (5) Contractor shops where most of the work is done on call, and which do not rely on walk- in trade, but where some incidental storage or semi-manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. (7) For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. (8) For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. (9) Includes incidental storage facilities and loading/unloading areas. (10) Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. (16) Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. (19) Miniwarehouses; provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200: a. Frontage use. The first one hundred fifty (150) feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, defined by the provisions of KCC 15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking, and access. A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed seventy-five (75) feet in width. No storage units or structures shall be permitted within this one hundred fifty (150) feet of commercial frontage depth. b. Lot size. Minimum lot size is one (1) acre; maximum lot size is four (4) acres. c. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: (1) Front yard: Twenty (20) feet. (2) Side yard: Ten (10) feet. (3) Rear yard: Ten (10) feet. e. Height limitation. The height limitation is one (1) story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of Ch. 15.06 KCC shall apply. h. Off-street parking. (1) The off-street parking requirements of Ch. 15.05 KCC shall apply. (2) Off-street parking may be located in required yards, except in areas required to be landscaped. i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: (1) Front yard: Twenty (20) feet, type III (earth berms). (2) Side yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. (3) Rear yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The planning department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. I. Drive aisles. Drive aisle width and parking requirements are as follows: (1) Fifteen (15) foot drive aisle and ten (10) foot parking aisle. (2) Parking for manager's quarters and visitor parking. m. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed one hundred (100) feet. The offset shall be no less than twenty (20) feet in the horizontal dimension, with a minimum depth of five (5) feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No uncomplimentary building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: (1) Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. (2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. (3) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. (4) The establishment of a transfer and storage business. (5) Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. (6) Storage of hazardous or toxic materials and chemicals or explosive substances. p. Fencing. No razor wire is allowed on top of fences. (23) Excluding slaughtering, rendering, curing, or canning of meat or seafood products. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.040 Table.docx 15.04.060 Transportation, public, and utilities land uses. ZONING DISTRICTS U t T T C O t'j C C N 7 7 .E yVl E E U Ice Key E m V V P = Principally Permitted Uses O U m Q S = Special Uses N N y m C = Conditional Uses m E C C E EJ A = Accessory Uses o E U E > > V u E O N A A T i O N U V V 3 u O E N V INV V U O a U V r V r O' r N C7 S U H .'%i F y, V p, 2: U U fC fC fC U C7 Commercial parking lots or structures C C C Transportation and transit facilities C C C C C C Railway and bus depots, taxi stands C C C Utility and transportation facilities: Electrical substations, pumping or regulating devices for C C C C C C the transmission of water, gas, steam, petroleum, etc. Public facilities: Firehouses, police stations, libraries, and administrative offices of governmental agencies, primary and C C C C C C secondary schools, vocational schools, and colleges Accessory uses and buildings customarily A A A A A A appurtenant to a permitted use Wireless telecommunications facility (WTF) by Z P (1) P (1) P (1) P P administrative approval (3) (3) (3) (3) (3) (3) Wireless telecommunications facility (WTF) by C C C (4) C (4) C (4) conditional use permit (8) ( ) (3) (3) (3) (4) (4) 3 3) (3) EV charging station (A (9) A (9) A (9) A (9) (A (A Rapid charging station A A A A A A 15.04.065 Transportation, public, and utilities land use development conditions: (excerpts relevant to above table) (1) For WTF towers ninety (90) feet or less for a single user and up to one hundred twenty (120) feet for two (2) or more users. (2) For WTF towers that are within the allowable building height for the district in which they are located. (3) All WTFs are subject to applicable portions of KCC 15.08.035. (4) A conditional use permit for a WTF is required if it is greater than ninety (90) feet for a single user or one hundred twenty (120) feet for two (2) or more users. (5) A conditional use permit is required if the WTF exceeds the allowable building height of the district. (8) If on property owned, leased, or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). (9) Level 1 and 2 charging only. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.060 Table.docx 15.04.070 Wholesale and retail land uses. ONING DISTRICTS r N U Y T T C Y p C C O 0 U > > N N E E d Key Ln E E U P = Principally Permitted Uses 0 c0 c0 S = Special Uses o 0 = = p C = Conditional Uses c c EMO A = Accessory Uses a E M M m L E H H C E U m m v MO = y 3 3 m 0 o o �_ E m E �q V N 2 V p N p U N a U 2 U 2 N C7 = U f C f C f C 2 U U U U Bakeries and confectioneries P P P P P Wholesale bakery P P Bulk retail P (26) P 26) P P Recycling centers Retail sales of lumber, tools, and other P P P building materials, including preassembled products Hardware, paint, tile, and wallpaper (retail) P P P P P P Farm equipment P P General merchandise: Dry goods, variety, and P P P P P P department stores (retail) Food and convenience stores (retail) P P P P P P Automobile, aircraft, motorcycle, boat, and P P recreational vehicles sales (retail) Automotive, aircraft, motorcycle, and marine P P P P P accessories (retail) Gasoline service stations S(6) S (6) S(6) S(6) Apparel and accessories (retail) P P P P P P Furniture, home furnishing (retail) P P P P P P Eating and drinking establishments (no drive- P P P P P P through) Eating and drinking establishments (with S(6)(20) S(6)(20) drive-through) Eating facilities for employees P P P ZONING DISTRICTS U U t� L y O T T C O Q Y_ Y_ Q t'j C C O N E 7 E7 C yVl U L Q E E L J Y Key o m V V 0 P = Principally Permitted Uses U L S = Special Uses E c c EJ C = Conditional Uses a E W A = Accessory Uses E U > T V E o m O T M M p N O O 3 E LQ E f f L O E ' N ' f ' U � O a U V r V r ce N C7 U fC fC fC U C7 Planned development retail sales Drive-through/drive-up businesses (commercial/retail - other than eating/drinking establishments) P(20) P (24) P (24) P(20) P(20) Miscellaneous retail: Drugs, antiques, books, sporting goods, jewelry, florist, photo supplies, video rental, computer supplies, etc. P P P P P P Liquor store P P P P P P Farm supplies, hay, grain, feed, fencing, etc. (retail) P P P Nurseries, greenhouses, garden supplies, tools, etc. P P P P Pet shops (retail and grooming) P P P P Computers and electronics (retail) P P P P P Hotels and motels P P (25) P P P Complexes which include combinations of uses, including a mixture of office, light manufacturing, storage, and commercial uses P Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) P(19) A(19) Accessory uses and buildings customarily appurtenant to a permitted use A (16) A (17)A (17)A (17) A (16) A (16) Agriculturally related retail Battery exchange station S(23) A (23)A (23)A (23) S(23) S(23) 15.04.080 Wholesale and retail land use development conditions: (excerpts relevant to above table) (6) Special uses must conform to the development standards listed in KCC 15.08.020. (16) Includes incidental storage facilities and loading/unloading areas. (17) Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. (19) Reference KCC 15.07.040(C), outdoor storage landscaping. (20) Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. (23) All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020.13 shall apply, except that number three (3) shall not apply. Amend Kent City Code 15.04.080 - Wholesale and"retail land"use, conditions, as folloyis"(insert after 2Z) (24) Drive-through/drive-up businesses are permitted only under the following conditions: a. The development must be within a strip-mall or shopping center. (25) The ground floor or street level must be retail or pedestrian-oriented following the Midway Design Guidelines. The main ground floor entry shall open to a public street with accessory retail uses accessible by pedestrians. (26) Bulk retail is permitted only when single tenant building is over one acre in size. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAY\City Council\092011_Workshop\Midway 15.04.070 Table.docx 15.04.090 Service land uses. ZONING DISTRICTS U U U � L i rl N i, T T C O 0 = = d 0 U C C 'O N 7 > 0 C W E E U 0 E E i Y Key o muV V P = Principally Permitted Uses U U S = Special Uses E c c U C = Conditional Uses a E A = Accessory Uses E U > T v m E O N A A T i O a V 3 E O E N V N V V U O a U U fC fC fC U C7 Finance, insurance, real estate services P P P P P P Personal services: Laundry, dry cleaning, P P P P P P barber, salons, shoe repair, launderettes Mortuaries P P P Home day-care P P P P P P P Day-care center P P P P P P P Business services, duplicating and blue printing, travel agencies, and employment P P P P P agencies Building maintenance and pest control P P P Outdoor storage (including truck, heavy equipment, and contractor storage yards as P A allowed by development standards, KCC 15.04.190 and 15.04.195) Rental and leasing services for cars, trucks, P P P trailers, furniture, and tools Auto repair and washing services (including C P P P body work) Repair services: Watch, TV, electrical, electronic, upholstery P P P P U L rl N M y y _ _ U d p U E E 7l C p L E O O O \ y Key O a) V V I' P = Principally Permitted Uses U E N N d E S = Special Uses c c m E C = Conditional Uses T U A = Accessory Uses o vmu EJ E 9 9 10 E 3 U ..I V N V V U a U ~ 2 ~ 2 V2 f C f C f C U Professional services: Medical, clinics, and P P P P P P other health care-related services Heavy equipment and truck repair P P Contract construction service offices: Building P construction, plumbing, paving, and P (16) P (16) landscaping Educational services: Vocational, trade, art, P P P P P music, dancing, barber, and beauty Churches S(4) S (4) S (4) S (4) S(4) S(4) Administrative and professional offices - P P P P P P general Municipal uses and buildings P(13) P (13) P (13) P (13) P (13) P (13) Research, development, and testing P C P P P Planned development retail sales Accessory uses and buildings customarily A(18) A (19) A (19) A (19) A (18) A appurtenant to a permitted use (18) Boarding kennels and breeding establishments C C Veterinary clinics and veterinary hospitals P(8) P (8) P (8) P(8) P(8) Administrative or executive offices which are part of a predominant industrial operation Offices incidental and necessary to the conduct of a principally permitted use 15.04.100 Service land use development conditions: (excerpts relevant to above table) (4) Special uses must conform to the development standards listed in KCC 15.08.020. (8) Veterinary clinics and animal hospitals when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. (13) Except for such uses and buildings subject to KCC 15.04.150. (16) Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. (18) Includes incidental storage facilities and loading/unloading areas. (19)Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.090 Table-Rvqd.docx 15.04.110 Cultural, entertainment, and recreation land uses. ZONING DISTRICTS U t E M N A L T T C O Q Y_ Y_ Q t'j C C N 7 7 .E yVl E E U o E E E J Y Key o Mu V 0 P = Principally Permitted Uses U U = = 2 D Mu S = Special Uses E c c C C = Conditional Uses a E EJ E A = Accessory Uses E j > T v Mu E O N A A T i O N U W a V 3 u p U E N a U V r V r O' r N C7 S U H2 H2 V ''n 2: U U fC fC fC U C7 Performing and cultural arts uses, such as art P P P P P galleries/studios Historic and monument sites P P Public assembly (indoor): Sports facilities, P C C P P arenas, auditoriums and exhibition halls, bowling alleys, dart-playing facilities, skating rinks, community clubs, athletic clubs, recreation centers, theaters (excluding school facilities) Public assembly (outdoor): Fairgrounds and C P P amusement parks, tennis courts, athletic fields, miniature golf, go-cart tracks, drive-in theaters, etc. Open space use: Cemeteries, parks, C C (9) C (9) C (9) P(7)C P(7)C playgrounds, golf courses, and other recreation facilities, including buildings or structures associated therewith Employee recreation areas Private clubs, fraternal lodges, etc. C P (5)C C P (5)C C P(5)C Recreational vehicle parks C Accessory uses and buildings customarily A A A A A A appurtenant to a permitted use Recreational buildings in MHP A 15.04.120 Cultural, entertainment, and recreational land use development conditions: (excerpts relevant to above table) (5) Business, civic, social, and fraternal associations and service offices are principally permitted uses. (7) Principally permitted uses are limited to golf driving ranges. Amend Kent City Code 15.04.:120 — Cultural, entertainment,and recreational land use, development conditions, as follows;(insert after 6.) (9) Conditionally permitted uses are limited to parks and plavarounds. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.110 Table.docx 15.04.130 Resource land uses. ZONING DISTRICTS U U U L L rl N T T C m 0 = = d ] U C C 'O N 7 7 C E E 0 E E L i Key E V V m P = Principally Permitted Uses O m F p V S = Special Uses C = Conditional Uses m m U A = Accessory Uses o E U o T m m V o 3 E O E N V N V W U O a U Vr Vr cet N C7 U fC fC fC U C7 Agricultural uses such as planting and harvesting of crops, animal husbandry (including wholesale nurseries and greenhouses) Crop and tree farming Storage, processing, and conversion of agricultural products (not including slaughtering or meat packing) Accessory uses and buildings customarily A A A A A A A appurtenant to a permitted use Roadside stands S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.130 Table.docx 15.04.190 Commercial and industrial zone development standards. ZONING DISTRICTS r N t Y_ Y_ d Q t C C V N L 7 7 N E E U 0 E E L J Y E C C y EJ E C C pEJ U ~ ~ 0 E T m m V o N '30 '30 A E U C 3 E y V N V f V U O U U fC fC fC U C7 Minimum lot area: square feet or acres, as 10,000 7,500 7,500 7,500 10,000 10,000 noted sq ft sq ft sq ft sq ft sq ft sq ft Maximum site coverage: percent of site 40% 800/o 100% 800/o 50% 40% Minimum yard requirements: feet Front yard 15 ft 20 ft (67) 20 ft 15 ft 20 ft Side yard (9) (67) (67) (67) (10) (10) (10) (10) (10) Side yard on flanking street of a corner lot The Midway Design Guidelines shall apply Rear yard 20 ft (67) (67) (67) (19) (19) (2) (19) (19) (19) Yards, transitional conditions Additional setbacks 3 stry/ 5 stry/ 16 16 2 stry/ 2 stry/ Height limitation: in stories/not to exceed in 40 ft 55 ft stry/ stry/ 35 ft 35 ft feet (30) (68) 200 ft 200 ft (30) (30) (69) (69) (69) Landscaping The landscaping requirements of Ch. 15.07 KCC shall apply. (39) (40) (40) Outdoor Storage (41) Signs The sign regulations of Ch. 15.06 KCC shall apply. Vehicle drive-through, drive-in, and service (46) (46) (46) (46) (46) bays U Y Y Q � C C 'a N L 7 7 pj E E U o E E L m {j {j m U i i w Q E C C y E E p U ~ ~ E E T M M V N U 9 9 3 E E U O U Vr Vr O' eL+ N C7 U fC fC fC U C7 Loading areas Off-street parking The off-street parking requirements of Ch. 15.05 KCC shall apply. (57) (57) (57) (36) (50) (50) (50) (50) (31) Additional standards (50) (56) (56) (56) (56) (36) (56) (70) (70) (70) (50) (56) 15.04.195 Commercial and industrial land use development conditions. (excerpts relevant to above table) 9. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty (20) feet in width. 10. No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet minimum. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet minimum. 30. The planning manager shall be authorized to grant one (1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one (1) additional story may be granted by the planning commission. 36. Design review for mixed use development is required as provided in KCC 15.09.045(E). 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 50. Development plan approval is required as provided in KCC 15.09.010. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. Amend Kent City Code 15.04.195 = Commercial and industrlal land use development conditions, as follows; (insert after 66.) (67) No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. (68) The height of new construction in MRT-1 zoning district abutting a residential district shall be thirty-five (35) feet in height within twenty (20) feet from the residential district and forty-five (45) feet in height within forty (40) feet from the residential district. (69) New construction shall conform to applicable Federal Aviation Administration regulations, including Part 77, Federal Aviation Regulations, Objects Affecting Navigable Airspace, as presently constituted or as may be subsequently amended. (70) The transit oriented community design review requirements of KCC 15.09.045 shall apply. S:\Permit\Plan\COMP_P LAN_AMEND MENTS\200]\CPA-2007-4_MIDWAV\City Council\092011_Workshop\Midway 15.04.190 Table.Docx 15.05.040 Parking standards for specific activities Chapter 15.05.040 Parking standards for specific activities SPECIFIC LAND USE Parking Space Requirement Single-family Two (2) parking spaces per single-family dwelling. Duplex Two(2) parking spaces per dwelling unit. Multifamily 1. One(1) parking space per unit for efficiency apartments in all sized developments; two(2) parking spaces for each dwelling unit for developments with forty-nine (49)or less dwelling units; one and eight-tenths(1.8) parking spaces per dwelling unit for developments of fifty(50)or more dwelling units. For developments of fifty(50) or more dwelling units, one (1) parking space for each fifteen (15)dwelling units for recreation vehicles. Multiple dwellings for low-income One(1) parking space for each two(2) dwelling units elderly 2` Accessory dwelling unit One off-street parking space per accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface of a required ADU off-street parking space shall comply with KCC 15.05.090(C). Boardinghouses and lodging One(1) parking space for the proprietor, plus one(1)space per sleeping room for houses boarders or lodging use, plus one (1) additional space for each four(4) persons employed on the premises. Mobile and manufactured home Two (2) parking spaces for each mobile home site, plus one (1)screened space for parks each ten (10) lots for recreation vehicles. Recreational vehicle park One(1) parking space for each site. Hotels 5 One(1) parking space for each guest room, plus two(2) parking spaces for each three (3) employees. Banks 6 One(1) parking space for each two hundred (200)square feet of gross floor area, except when part of a shopping center. Professional and business offices One(1) parking space for each two hundred fifty(250)square feet of gross floor 6 area, except when part of a shopping center. Shopping centers 7 Four and one-half(4.5)spaces per one thousand (1,000)square feet of gross leaseable area (GLA)for centers having GLA of less than four hundred thousand (400,000) square feet, and five (5.0) spaces per one thousand (1,000)square feet of GLA for centers having a GLA of over four hundred thousand (400,000)square feet. Restaurants, nightclubs,taverns One(1) parking space for each one hundred (100)square feet of gross floor area, and lounges 8 except when part of a shopping center. Retail stores, supermarkets, One(1) parking space for each two hundred (200)square feet of gross floor area, department stores and personal except when located in a shopping center. service shops 9 Land Use & Planning Board Recommendation 1 Other retail establishments; One(1) parking space for each five hundred (500)square feet of gross floor area, furniture, appliance, hardware except when located in a shopping center. stores, household equipment service shops, clothing or shoe repair shops 10 Drive-in business 11 One(1) parking space for each one hundred (100)square feet of gross floor area, except when located in a shopping center. Uncovered commercial area, One(1) parking space for each five thousand (5,000)square feet of retail sales area new and used car lots, plant in addition to any parking requirements for buildings, except when located in a nursery shopping center. Motor vehicle repair and services One(1) parking space for each four hundred (400)square feet of gross floor area, except when part of a shopping center. Industrial showroom and display One(1) parking space for each five hundred (500)square feet of display area. Bulk retail stores One(1) parking space for each three hundred fifty (350) square feet of gross floor area. Manufacturing, research and One(1) parking space for each one thousand (1,000)square feet of gross floor area. testing laboratories, creameries, For parking requirements for associated office areas, see"Professional and business bottling establishments, offices." bakeries, canneries, printing and engraving shops Warehouses and storage One(1) parking space for each two thousand (2,000) square feet of gross floor area. buildings Maximum office area of two(2) percent of gross floor area may be included without additional parking requirements. Speculative warehouse and One(1) parking space for each one thousand (1,000)square feet of gross floor area if industrial buildings with multiple building size is less than one hundred thousand (100,000)square feet, or one (1) use or tenant potential parking space for each two thousand (2,000) square feet of gross floor area for buildings which exceed one hundred thousand (100,000)square feet gross of floor area.This is a minimum requirement and valid for construction permit purposes only. Final parking requirements will be based upon actual occupancy. Auditoriums,theaters, places of One(1) parking space for each four(4)fixed seats, or one (1) parking space for each public assembly, stadiums and one hundred (100)square feet of floor area of main auditorium or of principal place of outdoor sports areas 12 assembly not containing fixed seats, whichever is greater. Bowling alleys 13 Five (5) spaces for each alley, except when located in a shopping center. Dance halls and skating rinks 14 One(1) parking space for each two hundred (200)square feet of gross floor area, except when located in a shopping center. Golf driving ranges One(1) parking space for each driving station. Miniature golf courses One(1) parking space for each hole. Recreational buildings,whether One(1) parking space for each two hundred (200)square feet of gross floor area. independent or associated with a Such spaces shall be located adjacent to the building and shall be designated for multifamily complex visitors by signing or other special markings. Land Use & Planning Board Recommendation 2 111011 Senior high schools, public, One(1)space for each employee plus one (1) space for each ten (10)students parochial and private enrolled. In addition, if buses for the transportation of children are kept at the school, one(1)off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Colleges and universities and Two and one-half(2 1/2) parking spaces for each employee, plus one (1)space for business and vocational schools each three (3)students residing on campus, plus one (1) space for each five (5)day 15 student not residing on campus. In addition, if buses for transportation of students are kept at the school, one (1) off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1)additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Elementary and junior high Two and one-half(2 1/2) parking spaces for each employee. In addition, if buses for transportation of students are kept at the school, one (1)off-street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1)additional parking space for each one hundred (100)students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Libraries and museums One(1) parking space for each two hundred fifty(250)square feet in office and public use. Day-care centers One(1) parking space for each employee, plus loading and unloading areas. Medical and dental offices 16 One(1) parking space for each two hundred (200)square feet of gross floor area, except when located in a shopping center. Convalescent, nursing and health One(1) parking space for each two(2) employees, plus one (1) parking space for institutions each three (3) beds. Hospitals One(1) parking space for each three (3) beds, plus one (1) parking space for each staff doctor, plus one (1) parking space for each three (3) employees. Churches 17 One(1)space for each five (5)seats in the main auditorium; provided, that the spaces for any church shall not be less than ten (10). For all existing churches enlarging the seating capacity of their auditoriums, one (1)additional parking space shall be provided for each five (5)additional seats provided by the new construction. For all existing churches making structural alterations or additions which do not increase the seating capacity of the auditorium, no additional parking need be provided. Mortuaries or funeral homes One(1) parking space for each one hundred (100)square feet of floor area of assembly rooms. For uses not specifically identified in this section,the amount of parking required shall be determined by the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by the applicant. Land Use & Planning Board Recommendation 3 A,m4hd X'snt,CIty Code 15.05.040- Parking standards for,sps&Ic actiVitleA,as follows[Irisirt text After co ncl(ltion(5)d.ComOactitalls w///hot bepennifted 6kciiptJbr ane-thjrdf /1 0 he required employee oype pa,rkh7-q.3 3. In MTC-1, MTC-2,and MCR zoning districts,a minimum of 0.75 parkinu space per dwelling unit,o conduct a Parking feasibility study to determine need. No spaces provided for recreation vehicles. 4. In MTC-1, MTC-2,and MCR zoning districts,one(1) parking space for each four(4) dwelling units,or conduct a Parking feasibility study to determine need. 5. In MTC-1, MTC-2,and MCR zoning districts,one(1) parking space for each quest room, plus two(2) parking spaces for each five(5) employees,or conduct a Parking feasibility study to determine need. 6. In MTC-1 and MCR zoning districts,one (1) parking space for each four hundred (400) square feet o gross floor area ,except when part of a shopping center and in MTC-2 zoning district,one(1) parking space for each five hundred (500) square feet of gross floor area or conduct a Parking feasibility study to determine need. 7. In MTC-1 and MCR zonina districts,one (1) parkina space for each four hundred (400)square feet o gross floor area or conduct a Parking feasibility study to determine need. 8. In MTC-1 or MCR zonina districts,one(1) parkina space for each two hundred(200)square feet of gross floor area and in MTC-2 zonina district a minimum of one (1) parkina space for each three hundred (300) square feet of gross floor area or conduct a Parking feasibility study to determine need. No parking is required if use is 3,000 square feet or less and with a Parking supply of at least twenty (20) spaces within five hundred (500)feet or 1,000 feet of a public garage. 9. In MTC-1 and MCR zoning districts,one (1) parking space for each four hundred (400)square feet o gross floor area and in MTC-2 zoning district,one (1) parking space for each five hundred (500) square feet of gross floor area or conduct a Parking feasibility study to determine need. No parking is required if use is eight hundred (800) square feet or less and with a Parking supply of at least twenty (20) spaces within five hundred (500)feet or 1,000 feet of a public garage. 10. In MTC-land MCR zoning districts,one(1) parking space for each 1,000 square feet of gross floor area and in MTC-2 zoning district,one(1) parking space for each 1,000 square feet of gross floor area or conduct a Parking feasibility study to determine need. No parking is required if use is eight hundred (800) square feet or less and with a Parking supply of at least twenty (20) spaces within five hundred (500)feet or 1,000 feet of a public aaraae. 11. In MTC-1 and MCR zoning districts,one(1) parking space for each four hundred (400)square feet of gross floor area,except when located in a shopping center- 12. In MTC-1 and MCR zoning districts,conduct a Parking feasibility study to determine need. 13. In MTC-1 and MCR zoning districts,three (3) parking spaces for each alley,except when located in a shopping center. 14. In MTC-1 and MCR zoning districts,one(1) parking space for each five hundred (500) square feet of gross floor area or conduct a Parking feasibility study to determine need. 15. In MTC-1, MTC-2,and MCR zonina districts,conduct a parkina feasibility study to determine need. Land Use & Planning Board Recommendation 4 16. In MTC-1, MTC-2 and MCR zoning districts, a minimum of one (1) parking space for each four hundred (400) sauare feet of aross floor area or conduct a parkina feasibility study to determine need. 17. In MTC-1, MTC-2 and MCR zoning districts,one(1) parking space for each ten (10) seats in the main auditorium; provided,that the spaces for any church shall not be less than ten (10). For all existing churches enlarging the seating capacity,one (1)additional parking space shall be provided for each ten (10) seats provided by the new construction. S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2007\CPA-2007-4_MIDWAy\City Council\092011_Workshop\15.05_Parkln�Table.Doc Land Use & Planning Board Recommendation 5 Land Use & Planning Board Recommendation Amendments to Kent City Code: Title 12 Planning & Land Development and 15 Zoning 1. RECOMMENDATION: Amend Kent City Code 12.01.040(A) - Project permit application framework, as follows: (insert within column Process II of table of Process types between Downtown design review, only minor remodels [l]f7] and Multifamily design review [1][7]) Midway design review (1)(7) 2. RECOMMENDATION: Amend Kent City Code 15.02 - Definitions, as follows: (insert between 15.02.065 Building height and 15.02.067 Bulk retail uses) Build-to lines. Build-to lines means the location along a designated block or right-of- way where a building must be constructed. The build-to line is the property line. (insert between 15.02.400, Sign, freestanding and 15.02.405 Sign, gate or entrance) Sign, freestanding monument. Freestanding monument sign means a sign above grade which is mounted or attached to a wide base or grade. These signs are composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure. (insert between 15.02.223 Less restrictive alternative and 15.02.225 Lot) Live-work unit. Live-work unit means a structure or portion of a structure that functions predominantly as work spaces and secondarily as residences, and: A. Combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; B. The resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and C. The commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises. 3. RECOMMENDATION: Amend Kent City Code 15.03.010 - Establishment and designation of districts, as follows: (insert between DCE Downtown Commercial Enterprise District and CM-1 Commercial Manufacturing-1 District) MTC-1 Midway Transit Community-1 District Land Use & Planning Board Recommendation 1 The purpose and intent of the MTC-1 district is to provide an area that will encourage the location of moderately dense and varied retail, office, or residential activities in support of rapid light rail and mass transit options, to enhance a pedestrian-oriented character while acknowledging the existing highway corridor character, and to implement the goals and policies of the Midway Subarea Plan. MTC-2 Midway Transit Community-2 District The purpose and intent of the MTC-2 district is to provide a place and create environmental conditions which will promote the location of dense and varied retail, office, or residential activities, and recreational activities in support of rapid light rail and mass transit options, to ensure a primarily pedestrian-oriented character, and to implement the goals and policies of the Midway Subarea Plan. MCR Midway Commercial/Residential District The purpose and intent of the MCR district is to provide area that will encourage the location of dense and varied retail, office, or residential activities in support of rapid light rail and mass transit options, to enhance a pedestrian-oriented character, and to implement the goals and policies of the Midway Subarea Plan. 4. RECOMMENDATION: Amend City of Kent official Zoning District Map: (see Attachment E - Midway Subarea Zoning District Map) 5. RECOMMENDATION: Amend land uses within the District Regulations chapter of Kent City Code 15.04.020 thru 15.04.130 - District Regulations Land Uses tables: (see Attachment C - Kent City Code Revisions) 6. RECOMMENDATION: Amend development standards within the District Regulations chapter of Kent City Code 15.04.190 thru 15.04.195 - District Regulations Development Standards tables: (see Attachment C - Kent City Code Revisions) 7. RECOMMENDATION: Amend within the Off-Street Parking and Loading Requirements chapter of Kent City Code 15.05.040 - Parking standards for specific activities Parking Space Requirement table and parking conditions: (see Attachment C - Kent City Code Revisions) 8. RECOMMENDATION: Amend within the Sign Regulations chapter of Kent City Code 15.06.050 - Regulations for specific districts, as follows: (insert between C. Signs permitted in downtown commercial and downtown commercial enterprise districts and D. Signs permitted in office and neighborhood convenience commercial districts.) D. Signs permitted in midway transit community-1 district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each linear foot of street frontage. The permitted signs enumerate in Land Use & Planning Board Recommendation 2 this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street frontage or one (1) projecting sign per street frontage if located along or at the intersections of SR-99, SR-516, S 240th Street, S 246th Street, and S 272nd Street, if not located in a multitenant building, and one (1) wall sign and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty (40) square feet. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Projecting orsuspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade sign. Blade sign shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The maximum sign area permitted is eighty (80) square feet. No one (1) face shall exceed forty (40) square feet. The maximum sign height permitted is twenty (20) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging sign. Hanging sign shall be double-faced and shall be non- illuminated. b. Wall signs. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which it is attached or a minimum of twenty-four (24) square feet, shall be attached flat against the building, and placement shall not exceed thirty-five (35) feet above median sidewalk grade measured from the top of the sign. Wall signs may be non-illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Land Use & Planning Board Recommendation 3 2. Identification signs for multitenant buildings. Each multitenant property may have one (1) freestanding monument sign per street frontage or one (1) projecting sign per street frontage if located along or at the intersections of SR-99, SR-516, S 240th Street, S 246th Street, and S 272nd Street and each occupancy may have one (1) wall sign and one (1) suspended sign per occupancy, except the anchor tenants with a business frontage of at least one hundred (100) linear feet shall be allowed two (2) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty (40) square feet. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the first floor facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (D)(2)(b) or the identification sign described in subsection (D)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one (1) projecting or suspended sign. Each occupancy shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed ten (10) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated and the projecting or suspended sign shall be non-illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. Land Use & Planning Board Recommendation 4 E. Signs permitted in midway transit community-2 district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street frontage or one (1) projecting sign per street frontage, if not located in a multitenant building, and two (2) wall signs and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of five (5) feet. The maximum sign area permitted is thirty (30) square feet for the total of all faces. No one (1) face shall exceed fifteen (15) square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Projecting or suspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade sign. Blade sign shall be double-faced, may be non-illuminated, indirect illuminated, or neon tube illuminated. The maximum sign area permitted is thirty (30) square feet. No one (1) face shall exceed fifteen (15) square feet. The maximum sign height permitted is fifteen (15) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging sign. Hanging sign shall be double-faced and shall be non- illuminated. b. Wall signs. Wall signs shall not exceed an area of five (5) percent of the building first floor facade to which it is attached or a minimum of twenty-four (24) square feet. Wall signs shall be attached flat against the building, and placement shall not exceed fifteen (15) feet above median sidewalk grade measured from the top of the sign. If a single business property is greater than sixty-five (65) in height, one (1) building identification wall sign for each street frontage may be placed on the parapet. Wall signs may be non-illuminated, internally or indirectly illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. Land Use & Planning Board Recommendation 5 2. Identification signs for multitenant buildings. Each multitenant property may have one (1) freestanding monument sign or one (1) projecting sign and each occupancy with street frontage may have two (2) wall signs and one (1) suspended sign. The aggregate wall sign area shall not exceed five (5) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of five (5) feet. The maximum sign area permitted is thirty (30) square feet for the total of all faces. No one (1) face shall exceed fifteen (15) square feet. The sign may be illuminated indirectly. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Projecting orsuspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: i. Blade sign. Blade sign shall be double-faced, may be non-illuminated, internal indirect illuminated, or neon tube illuminated. The maximum sign area permitted is thirty (30) square feet. No one (1) face shall exceed fifteen (15) square feet. The maximum sign height permitted is fifteen (15) feet. Blade signs shall not rotate, blink, flash, or be animated. ii. Hanging sign. Hanging sign shall be double-faced and shall be non- illuminated. b. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (5) percent of the first floor facade to which it is attached or a minimum of twenty-four (24) square feet. Wall signs shall be attached flat against the building, and placement shall not exceed fifteen (15) feet above median sidewalk grade measured from the top of the sign. If the multitenant building is greater than sixty-five (65) in height, one (1) building identification wall sign for each street frontage may be placed on the parapet. The sign shall not name or advertise the individual tenants of the building. Wall signs may be non-illuminated, internally or indirectly illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Wall signs shall not blink, flash, or be animated. Aggregate sign area shall apply. A multitenant building will have the Land Use & Planning Board Recommendation 6 option of the sign described in this subsection (E)(2)(b) or the identification sign described in subsection (E)(2)(c) of this section. c. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one (1) projecting or suspended sign. Each occupancy with street frontage shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed five (5) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated and the projecting or suspended sign shall be non-illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. Wall signs shall not blink, flash, or be animated. F. Signs permitted in midway commercial/residential district. The aggregate sign area for any lot shall not exceed one (1) square foot for each linear foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each linear foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area and may be permitted subject to Midway Design Guidelines. 1. Identification signs for occupancies. Each single business property may have one (1) freestanding monument sign per street frontage or one (1) projecting sign per street frontage, if not located in a multitenant building, and two (2) wall signs and one (1) suspended sign per street frontage. a. Freestanding monument signs. Freestanding monument signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty (40) square feet. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Projecting orsuspended signs. Projecting or suspended signs shall not protrude less than eight (8) feet above the surface of the sidewalk. The following are recognized projecting signs: Land Use & Planning Board Recommendation 7 i. Blade sign. Blade sign shall be double-faced, may be non-illuminated, internal or internal indirect illuminated, or neon tube illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The maximum sign area permitted is eighty (80) square feet. No one (1) face shall exceed forty (40) square feet. The maximum sign height permitted is twenty (20) feet. Blade signs shall not rotate, blink, flash, or be animated ii. Hanging sign. Hanging sign shall be double-faced and shall be non- illuminated. C. Wall signs. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which it is attached or a minimum of twenty-four (24) square feet, shall be attached flat against the building, and placement shall not exceed thirty-five (35) feet above median sidewalk grade measured from the top of the sign. Wall signs may be non-illuminated, internally or indirectly illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 2. Identification signs for multitenant buildings. Each multitenant property may have one (1) freestanding monument sign or one (1) projecting sign and each occupancy with street frontage may have two (2) wall signs and one (1) suspended sign per, except the anchor tenants with a business frontage of at least one hundred (100) linear feet shall be allowed three (3) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the first floor building facade to which the signs are attached. a. Freestanding monument signs. Each multitenant property may have one (1) freestanding monument sign on each street frontage. The sign may not exceed a height of fifteen (15) feet. The maximum sign area permitted is eighty (80) square feet for the total of all faces. No one (1) face shall exceed forty (40) square feet. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Freestanding monument signs shall not rotate, blink, flash, or be animated. Freestanding monument signs shall include landscaping and curbing around the base of the sign to prevent vehicles hitting the structure and improve the visual appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. b. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not Land Use & Planning Board Recommendation 8 exceed a total of five (5) percent of the first floor facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated which shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (D)(2)(b) or the identification sign described in subsection (D)(2)(c) of this section. C. Identification signs for occupancies. Each occupant of a multitenant building with street frontage shall be permitted two (2) wall signs and one (1) projecting or suspended sign. Each occupancy shall be allowed at least 24 square feet of sign area. The aggregate wall sign area shall not exceed ten (10) percent of the first floor facade to which the signs are attached. The wall sign may be internally illuminated and the projecting or suspended sign shall be non- illuminated. Internal illumination shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. The projecting or suspended sign shall be non-illuminated. 9. RECOMMENDATION: Amend within the Landscaping Regulations chapter of Kent City Code 15.07.060 — Regulations for specific districts, as follows: (insert between H. Downtown commercial enterprise, DCE and I. Industrial agricultural, MA [industrial uses] and Agricultural general district, AG and Industrial park district, Ml. I. Midway transit community-ldistrict, MTC-1. 1. Additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, building elevations and separate: a. The perimeter of properties abutting a single-family residential or mobile home park land use shall be landscaped with minimally ten (10) feet of Type I landscaping. b. The perimeter of properties abutting a multifamily residential land use shall be landscaped with minimally five (5) feet of Type II landscaping. C. The perimeter of properties abutting public right-of-way shall be landscaped with minimally ten (10) feet of Type III landscaping. The following exceptions apply: i. When a vehicular parking area abuts such setback, a Type III landscape strip with an average of twenty (20) feet in depth shall be provided. Land Use & Planning Board Recommendation 9 ii. When such setback is utilized as a public open space plaza and not accompanying parking, no perimeter landscaping strip shall be required, and iii. When such setback is utilized as a public open space plaza and exceeds thirty (30) linear feet, street trees shall be provided as set forth in 2009 Design & Construction Standards, or as subsequently amended. d. The perimeter of side property lines shall be landscaped with minimally five (5) feet of Type III landscaping, unless the building is constructed at the build-to line or property line. J. Midway transit community-2 district, MTC-2. 1. Additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, building elevations and separate: a. The perimeter of properties abutting public parks, plazas, open space, or multi-purpose trails shall be landscaped with minimally ten (10) feet of Type III landscaping. b. When vehicular parking area abuts public right-of-way, a Type III landscaping strip minimally five (5) feet in depth shall be provided. C. When vehicular parking area abuts the side property lines, a Type III landscaping strip minimally ten (10) feet in depth shall be provided. K. Midway commercial/residential, MCR. 1. Additional landscaping requirements. Landscaping requirements shall be determined through the midway design review process outlined in KCC 12.01.040 and shall include the following to soften the appearance of parking areas, building elevations and separate: a. When buildings abut the required front yard, a Type III landscaping strip minimally ten (10) feet in depth shall be provided. b. When vehicular parking area abuts public right-of-way, a Type III landscaping strip minimally fifteen (15) feet in depth shall be provided. C. When vehicular parking area abuts the side property lines, a Type III landscaping strip minimally ten (10) feet in depth shall be provided. Land Use & Planning Board Recommendation 10 10.111ECOMMENDATION: Amend within the Administration chapter of Kent City Code 15.09.045 — Administrative design review, as follows: (insert between F. Mixed use design review and G. Appeals) F. Transit oriented community design review. The planning services division shall use the following criteria in the evaluation or conditioning of applications under the transit oriented community design review process: 1. The midway design guidelines as an adopted element of the city's regulation of land use, which is statutorily authorized, shall apply to all development with a land use plan map designation of transit oriented community. 2. Residential use design review. In addition to the Midway design guidelines, the following design requirements apply to residential uses and development. a. Openings from the built-to line. When a residential unit has direct access to the public domain, a ten (10) foot front yard shall be provided. When residential units have access through a main location, such as an atrium, courtyard or other main entryway, said access shall be at the built-to line. b. Open space. Residential development shall provide not less than twenty (20) percent of the gross land area for common open space, which shall be: i. Designed to provide either passive or active recreation. ii. If under one (1) ownership, owner shall maintain. iii. If held in common ownership by all owners of the development by means of a home-owners' association, said association shall be responsible. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners' association accordingly. If unpaid, such bills shall be a lien against the homeowners' association; or iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency. C. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited. S:\Permit\P1an\C0MP_PLAN_AMENDMENTS\2007\CPA-2007-4_MIDWAY\City Council\092011_Workshop\Amendments_3.doc Land Use & Planning Board Recommendation 11 ATTACHMENT D LAND USE PLAN MAP CITY COUNCIL WORKSHOP SEPTEMBER 20 , 2011 O S S23Q .. �/ N a ..,.... S229 PT g -237 st Way r 233 ST 21 S 1 � � B,294 IT r } ¢3 � m � v ry +N� G Go S 240th ST e.... 1240 IT L J I CI Jq N ' 2 0243 9T 5's' z9s mL � B 200IT m m Y f sza3 sr "IT �I x 0 Q « r 1244 PL ` F ry ..... ......... 1 lass, �T 8248sr �419L a ti.. a� / Land Use & Planning Board ,_ S �, Q T r ti RECOMMENDATION a .11259 ST ry E :.: S2 92549T � 6 �aT � LAND USE PLAN \�` MAP DESIGNATION 52 y LEGEND ,__ AeP LAND USE S 25,S,f r AI 9 ... th ST r ' , k' J 8258 _ Transit Oriented Community (TOC) Commercial (C) w �" 1 Mobile Home Park (MHP) /rr . O y S ST_ Q MIDWAY STUDY AREA Y PL..... :^iL CITY LIMITS POTENTIAL ANNEXATION AREA 4: a , m S 2�, U� / Jry rx �269 .. .... S270 .... N si- Midway Subarea ,�i �J s 272nc�ST �< w 600 KEm L m k waranty d Ipuary o(rM1e >.. Source Cty of Keor Pl nn o95ery ces�l p p„K ® P YTM1 Cr (Ke�tl tl M1.tl Ld p0 Dose uenr p(1Canr TM1 M1r rM1 b Iltl r TM1 Capl M1cM1 ( ( r tl detl � all ,`� �co v7eL a L L dz Leuoarea_Lano� l p gon p�ecsml y us�opr2JSe2 mxo ATTACHMENT E ZONING DISTRICTS MAP CITY COUNCIL WORKSHOP SEPTEMBER 20, 2011 �e- sue__ S 231 st Way e I S 3 5 233 q szu. _B 2M ST m ¢ Q ,l 000 lid 9 I nl ii4i s 8 296 STM 4pv m V y 6�a J S�9T m x j v I PSI V C Q S 240th ST S 20 STcc __._ST C 241 ar U° .a.w r S 249 S2a 2.ST Q /� 244 PL Q a n aasr f sias 245PL =146�T w z4 span a ar ,�� � f� n m m en a` a24aar s24 ar / .... .... .... .... ... 2� i���d�titi Land Use & Planning Board 211 a � a RECOMMENDATION -��' � =9 S25 ZONING DISTRICT e 6254 ST 5253PL MAP DESIGNATION !� I�((( ZS Lv� p Q � ...�..� a " LEGEND _. ZONING DISTRICTS Midway Transit Community 1 (MTC-1) S 260th ST , a2� Midway Transit Community 2 (MTC-2) 2a8r Midway Commercial/Residential (MCR S 2B4 PL. '1/I 4 Community Commercial (CC) J � �y , I Commercial Manufacturing 2 (CM-2) R L ,n Mobile Home Park (MHP) ® S265ar �Y MIDWAY STUDYAREA S POTENTIAL ANNEXATION AREA �262 CITY LIMITS 0 Midway Subarea S 272nd ST � IN �Thk rantYS�o�M1a SY (�M1 a�is2 ltl n�TM1e Cty (Kent S b l tl s o ns,m s T n s.s p p �y 9 q " b tl es, pl o ! y p! Wres tlep detl ze K �M1 TM1 Cty o(Ke�tl I tlsM1all �b M1 Itll bl (or any antl all m tl g labilty M1�M1 tl dorl tl d quen� wM1M ^Y ti Y err nn P and S274 Br 5 Cty (Ken�Pl g5 es p�co cisigionap�ec�immwyisuo raq a zon Tnaipg2 mxo ATTACHMENT F EIS WEBSITE CITY COUNCIL WORKSHOP SEPTEMBER 20, 2011 Instructions to Find the EIS on the City of Kent Website The Environmental Impact Statement (EIS) for the Comprehensive Plan Review and Midway Subarea Planned Action is accessible at www.kentwa.gov. Use the following steps to locate the Draft and Final EIS. 1. Go to the Departments tab and click on Planning Services under Economic & Community Development; and 2. You will find both the Draft and Final EIS about three-quarters down the page. The Draft EIS contains most of the analysis. The Final EIS responds to comments received on the Draft EIS; corrects, add or updates information from the Draft EIS as necessary. Draft Environmental Impact Statement Final Environmental Impact Statement City of Kent Comprehensive Plan Review and City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement Midway Subarea Planned Action Environmental Impact Statement r ; r yIr¢r City of Kent,Washington Economic&Community Development Department City of Kent,Washington onode,zom Y 9 Econ nuc&Community Development Department _//�a��.. 9eVlomlwr 2011 KE NT ..._. ICF \e KENT 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 PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Public Safety Report w," Agenda Item: Public Hearings - 5A TO: City Council DATE: September 20, 2011 SUBJECT: 2012 Budget MOTION: This is the first public hearing on the 2012 Budget. Public input is welcome. SUMMARY: EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A w," Agenda Item: Public Hearings - 513 TO: City Council DATE: September 20, 2011 SUBJECT: 2012-2017 Capital Improvement Plan MOTION: This is the first public hearing on the 2012-2017 Capital Improvement Plan. Public input is welcome. SUMMARY: EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through M. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of September 6, 2011. 7B. Approval of Bills. Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on September 6, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/11 Wire Transfers 4718-4735 $1,736,962.77 8/15/11 Regular Checks 655785-656147 2,340,919.23 8/15/11 Use Tax Payable 1,213.64 $4,079,095.64 Approval of checks issued for payroll for August 1 through August 15 and paid on August 19, 2011: Date Check Numbers Amount 8/19/11 Checks 324373-324558 $ 150,559.06 Number in Series 287001 0.00 Skipped 8/19/11 Advices 287002-287666 1,258,164.53 $1,408,723.59 Approval of checks issued for payroll for August 16 through August 31 and paid on September 2, 2011: Date Check Numbers Amount 9/2/11 Checks 324564-324761 $ 141,452.65 Voids & Reissues 0.00 9/2/11 Advices 287667-288326 1,254,824.67 $1,396,277.32 y RCN i Kent City Council Meeting Was„ „',.' September 6, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Ranniger, Raplee, and Thomas. Council President Perry was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made to the agenda. B. From the Public. (CFN-198) Public Comment Item A was added at the request of an audience member. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no comments. B. Community Events. (CFN-198) Higgins announced a Kent Youth & Family Services event and Raplee announced upcoming events at ShoWare Center. C. Poetry Reading. (CFN-198) Ramsey Arteaga, a recent graduate of the TOP Program at Kent Meridian High School, recited a poem he wrote called "Natural High". PUBLIC COMMENT A. Cooper Ridge. (CFN-1293) John Kastien, 20609 94th Avenue South, Kent, submitted a letter relating to the Copper Ridge Preliminary Plat, and said that although the plat expired on May 6, 2009, the Planning Director has stated that it is now valid again. After a brief discussion, the matter was referred to the Economic & Community Development Committee, and Raplee moved to make Kastien's letter a part of the record. Thomas seconded and the motion carried. CONSENT CALENDAR Ranniger moved to approve Consent Calendar Items A through Q. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 16, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 16, 2011, was approved. 1 Kent City Council Minutes September 6, 2011 Checks issued for vouchers were approved: Date Check Numbers Amount 7/15/11 Wire Transfers 4682-4699 $1,779,536.74 7/15/11 Regular Checks 654987-655357 1,414,875.28 Void Checks 655015 (514.00) 7/15/11 Use Tax Payable 1,281.61 $3,195,179.63 Payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 16, 2011, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 7/31/11 Wire Transfers 4700-4717 $1,684,189.65 7/31/11 Regular Checks 655358-655784 5,150,846.89 Void Checks 655743 (121.80) 7/31/11 Use Tax Payable 2,232.87 $6,837,147.61 Checks issued for payroll for July 1 through July 15 and paid on July 20, 2011, were approved: Date Check Numbers Amount 7/20/11 Checks 323949-324176 $ 192,737.33 Voids & Reissues 323946,323947,323948 0.00 7/20/11 Advices 285679-286339 1,286,685.80 $1,479,423.13 Checks issued for payroll for July 16 through July 31 and paid on August 5, 2011, were approved: Date Check Numbers Amount 8/5/11 Checks 324177-324372 $ 183,453.86 8/5/11 Advices 286340-287000 1,291,349.99 $1,474,803.85 C. Excused Absences for Council Members Ranniaer and Raglee. (CFN-198) Excused absences for Council Members Ranniger and Raplee from the August 16, 2011, Council meeting were approved. D. First Public Hearing on 2012 Budget. (CFN-186) September 20, 2011, has been set for the first public hearing of the 2012 Budget at the regular City Council meeting. 2 Kent City Council Minutes September 6, 2011 E. First Public Hearina on 2012-2017 Capital Improvement Plan. (CFN-775) September 20, 2011, has been set for the first public hearing of 2012-2017 Capital Improvement Plan at the regular City Council meeting. F. Enhancement Proposal with Tiburon, Inc. (CFN-122) The Mayor was authorized to sign the Tiburon Systems Enhancement Proposal and all associated documents for the implementation of the National Incident Based Reporting System. G. Reaional Affordable Housina Program Agreement. (CFN-118) The Mayor was authorized to sign the King County Interlocal Agreement for the Regional Affordable Housing Program, subject to final terms and conditions acceptable to the City Attorney and Parks Director. H. Heating, Ventilation and Air Conditioning Support Services Contract. (CFN-118) The Mayor was authorized to sign a goods & services agreement with Siemens Business Technologies for HVAC support services, in an amount not to exceed $50,830, subject to final terms and conditions acceptable to the City Attorney and Parks Director. I. National Recreation and Park Association Grant. (CFN-118) The National Recreation and Park Association grant in the amount of $15,000 to fund the "Take Me Fishing" program was accepted, amendment of the budget and the expenditure of funds in accordance with the grant terms was authorized. J. Puget Sound Energy Easement. (CFN-1038) The Mayor was authorized to sign an easement allowing Puget Sound Energy to place overhead facilities on City property at the Briscoe Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Central Avenue S. Sidewalk Replacement & Storm Water Forcemain Contract. (CFN-117) The Mayor was authorized to sign a Consultant Services Contract with Jason Engineering & Consulting Business, Inc. in an amount not to exceed $66,725 for materials, testing, and inspection services related to the construction of the Central Avenue South Sidewalk Replacement and Storm Water Forcemain Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Commute Trip Reduction Grant Aareement. (CFN-171) The Mayor was authorized to sign the Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation #GCA6894 for the term July 1, 2011 through June 30, 2013, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. M. Applebee's Bill of Sale. (CFN-484) The Bill of Sale for the Applebee's project (permit #2080247) for 2 gate valves, 1 hydrant and 79.28 linear feet of watermain, 2 catch basins and 58.24 linear feet of storm sewer line was accepted. 3 Kent City Council Minutes September 6, 2011 N. James Street UPRR Non-Motorized Improvements. (CFN-113) The James Street at Union Pacific Railroad (UPRR) Non-Motorized Improvements Project was accepted as complete and release of retainage to Road Construction Northwest, upon receipt of standard releases from the state and release of any liens. The original contract amount was $196,017.75. The final contract amount was $200,119.04. O. KaBoom Community Partner Playground Contract. (CFN-118) The Mayor was authorized to sign the KaBOOM Community Partner Playground grant contract for $60,000 to fund the Tudor Square Playground Project, amendment of the budget was authorized, and the expenditure of funds in accordance with the grant terms was approved. P. Excused Absence for Council President Perry. (CFN-198) An excused absence for Council President Perry for the Council meeting of September 6, 2011, was approved. Q. ShoWare Marguee. (CFN-1305) The ShoWare Center Marquee project was accepted as complete and release of retainage to The Sign Factory upon receipt of standard release from the state and the release of any liens. The original contract amount was not to exceed $225,000. The final contract amount was $184,505.58. BIDS A. Kent Municipal Court Re-roofing. (CFN-120) Parks & Community Services Director Watling explained the project and noted that, although the low bid is slightly over the architect's estimate, staff recommends proceeding since funds are in the budget. Ranniger moved to authorize the Mayor to award the Kent Municipal Court Re-roofing contract to Lloyd A. Lynch Inc., in the amount of $251,672 and to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director. Albertson seconded and the motion carried. B. North Park Storm Drainage Improvements. 5th Avenue North to 4th Avenue North. (CFN-733) Public Works Director LaPorte explained the project and recommended award to the low bidder. He noted that the project should start in 3 weeks and be completed within 60 days. Raplee moved to authorize the Mayor to award the North Park Storm Drainage Improvements contract to King Construction in the amount of $176,178.05 and to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) Hodgson announced that next week approximately 25-30 employees will be attending four days of training provided by FEMA on recovery after an emergency. 4 Kent City Council Minutes September 6, 2011 D. Economic & Community Development Committee. (CFN-198) Ranniger noted that the next meeting will be on Monday, September 12. E. Operations Committee. (CFN-198) Raplee noted that the next meeting will be on September 20 and that budget consolidation will be discussed. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held on Tuesday, September 13 at 5:00 p.m. H. Public Works Committee. (CFN-198) Raplee stated that, due to the recent holiday on September 5, a special meeting will be held on Monday, September 12. I. Regional Fire Authority. (CFN-198) Raplee announced that the 2012 budget process has begun and the budget should be approved in October. ADJOURNMENT The meeting adjourned at 7:35 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 O T Kent City Council Workshop September 6, 2011 Council members Present: Albertson, Harmon, Higgins, Raplee, and Thomas The special meeting was called to order at 5:00 p.m. by Council President Pro Tem Ranniger. Transportation Master Plan. The members of the Transportation Master Plan Citizen's Committee introduced themselves, and Leader Mike Miller gave a report on their work, including their recommendation. Committee members then answered questions from Council members, and a discussion of topics such as a bond issue and a car tab fee were discussed. The meeting adjourned at 6:10 p.m. Brenda Jacober, CIVIC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: September 20, 2011 SUBJECT: Excused Absence for Council President - Approve MOTION: Approve an excused absence for Council President Perry for the Council meeting of September 20, 2011. SUMMARY: EXHIBITS: Memorandum RECOMMENDED BY: BUDGET IMPACTS: N/A City Council 40 Jamie Perry, Council President Phone: 253-856-5712 ' K E N T Fax 253-856-6712 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Jamie Perry, Councilmember DATE: September 20, 2011 SUBJECT: City Council Excused Absence I would like to request an excused absence from the September 20, 2011 City Council meeting. I will be unable to attend. Thank you for your consideration. Jamie Perry Councilmember nc KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: September 20, 2011 SUBJECT: Ordinance Amending Regulations & Standards for Development - Adopt MOTION: Adopt Ordinance No. amending Title 15, Kent City Code, specifically Section 15.04.170, Section 15.04.190, Section 15.05.100, Section 15.08.020, Section 15.08.040, Section 15.08.050, Section 15.08.100, Section 15.08.160, Section 15.08.205, and Section 15.09.055. SUMMARY: This group of proposed code amendments, (ZCA-2011-IA), includes items that remove duplications, provide clarification or correct references or footnotes. After holding a public hearing on August 22, 2011, the Land Use & Planning Board recommended approval of code amendments to Title 15 of Kent City Code; the Economic & Community Development Committee also recommended approval at their September 12, 2011, meeting. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15, Kent City Code, specifically Section 15.04.170, Section 15.04.190, Section 15.05.100, Section 15.08.020, Section 15.08.040, Section 15.08.050, Section 15.08.100, Section 15.08.160, Section 15.08.205, and Section 15.09.055 [ZCA-2011-01(A)]. RECITALS A. Local planning legislation arises from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; and conflicts with updated regulations in other City departments. B. The City has determined that amendments to Title 15, Kent City Code (KCC), are necessary to remove duplications, provide clarifications and correct references or footnotes. C. The City has determined that an amendment to Section 15.04.170 is necessary to clarify that the side yard requirement for lots created on or before March 22, 2007 is five feet (5'), and, as approved via Ordinance No. 3830 on March 6, 2007, to define the increased setbacks for 1 Amend Title 15 Zoning half of the lots in plats and short plats created after March 22, 2007, and to clarify the minimum lot widths for plats and short plats that were created after March 22, 2007. D. Section 15.04.190, footnote 7, which provides for an additional front yard setback, conflicts with the correct requirement in footnote 6. E. Diagram 2 shown in Section 15.05.100 incorrectly references a twenty-six feet (26') aisle width, which is inconsistent with the correct aisle width of twenty-four feet (24') shown in diagram 1. F. Section 15.08.020(A)(7) contains an incorrect reference for church daycares and should reference the applicable State law. G. The City determined that it should clarify under Section 15.08.040(F) that at-home lessons for tutoring, art, dance or music, conducted for more than one student at a time or that include student gatherings, require a Special Home Occupation permit. H. KCC Chapter 8.05 contains noise regulations; therefore in order to avoid duplication, conflicting regulations and unnecessary confusion, Section 15.08.050(D)(1), also regarding noise regulations, should be deleted. I. Section 15.04.030(6) allows existing dwellings in commercial and industrial zones to be rebuilt, repaired or otherwise changed for human occupancy; therefore, a reference to Section 15.04.030(6) should be added to Section 15.08.100(D)(2), to eliminate a conflicting interpretation regarding nonconforming development. 2 Amend Title 15 Zoning J. KCC Chapter 15.02 defines a garage as having a size limitation of 1,000 square feet for the area where vehicles are stored, and this size limit should also be included in the accessory structures regulations of Section 15.08.160(A). K. The City has developed a car wash kit for temporary car wash operations, and adding this requirement to Section 15.08.205(A)(13) will inform staff and the public that a car wash kit is required for all temporary car washes. L. The last sentence of Section 15.09.055(D)(1) is a scrivener's error and does not relate to the zoning of annexed land. M. The Land Use & Planning Board considered this matter at workshops it held on July 11, 2011 and July 25, 2011, and held a public hearing on August 22, 2011 regarding these amendments, and recommended approval of the proposed changes to the zoning code. N. The Economic & Community Development Committee considered this matter at its September 12, 2011 meeting. 0. The City Council considered this matter at its September 20, 2011 meeting. P. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 3 Amend Title 15 Zoning P. On July 22, 2011, a request for expedited review was sent to the Washington State Department of Commerce, which acknowledged that the request was received on July 25, 2011. On August 10, 2011, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Amendment. Section 15.04.170 of the Kent City Code is amended as follows: Sec. 15.04.170. Agricultural and residential zone development standards. Zoning Districts SR-1 2R-3 SR 41 SR61 SR-8 Dup lDex MR-T12 MR-T16 MR-6 Low rMHHigh Moble A-10 Reside Single- Single Single- Single Multifami Multifamily Multifamily Density nonsify Home Family Family 1 Residential Residential MulifamilsRtMultifamil Park rural Agriwl Reside Reside Reside Reside Residenti TowMwse TowMouse Residentialtifamily Residential Combintial ntial el idential ing SF Dup SF Dup MF SF Dup MF SF Dup MF SF ID up MF SF Dup MF lee lex lee lax lee lee Mazvnum 1 did 1 dWac 3.63 4.53 605 871 87 10.8 12 12 16. 16.0 16. 16. 23. 23. 40. 40. density: 10 to dux/ac dux/ac dux/ac dux/ac 1 9 0 0 0 dux/ac 0 0 0 0 0 0 dwelling dux/dux/ dux/ dux/dux/ dux/ dux/dux/ dux/dux/ dux/ unitspa to to to to to to to to to to to acne 10 to 34,700 9,600 7,600 5,700 4,000 4,0 8,00 non 8,00 8,5 non 8,00 8,500/3 non 8,00 8,5 non 8,00 85 non 8,00 8,5 Minvnum sit ft sit ft sit ft sit ft sit ft 00 0 sit e 0 sit 00/ e 0 sit ,500 sit e 0 sit 00/ e 0 sit 00/ e 0 sit 00/ lot area (37) (37) (37) sit ft ft 3,5 ft ft(35) ft 2,5 ft 1,6 ft 900 square feet ft 00 (35) 00 00 sit in acres, q sit sit ft voted ft ft ft (3) (Z]) (1) (2) Minvnum 60 ft 60 ft 50 ft 50 ft 50 ft 40 ft 25 80 ft 25 80 ft 80 25 80 ft 80 ft 25 80 ft 80 25 80 ft 80 25 80 ft 80 lot width a7f a7f a7f ft ft ft ft ft ft ft ft ft ft feet(4) Maz. 30% 30% 45% 45% 50% 55% 55 40% 55 40% 45 55 40% 45% 55 40% 45 55 40% 45 55 40% 50 site (5) (5) (5) (5) % (5) % (5) % % (5) (5) % (5) % % (5) % % (5) % coverage (5) (5) (5) (5) percent of site Min. (22) yard requve is feet Front yard 20 ft 1 20 ft 10 ft 10 ft 10 ft 10 ft 10 1 10 ft 10 1 10 ft 20 1 10 1 10 ft 20 ft 1 10 1 10 ft 20 1 10 1 10 ft 20 10 10ft 20 4 Amend Title 15 Zoning Zoning Districts SR-1 SR-3 SRII SR SR-8 D—up lDex MR-T12 MR-T16 MR-6 Low MR-M MR-H High Mobile A10 Reside Single- Single Single- Single Multifami Multifamily Multifamily Dmsify Medium Dmsify Home Agriml mtial Family Family Family Family ly Residmtiel Residmtiel Multifamily 'Dr ty Multifamily Park tural Agricul Reside Reside Reside Reside Resided Townhouse Townhouse Ru butiel Multifamily Residmtiel Comm tural mtial mtial mtial mtial al Residential ning (6) (6) (6) (6) (6) (6) ft (6) ft (6) ft ft (6) ft (6) ft ft (6) ft ft (6) ft (8) (8) (8) (8) (6) (8) (6) (8) (6) (8) (6) (8) (6) (8) (6) (8) (9) (9) (9) (9) (8) (9) (8) (9) (8) (9) (8) (9) (8) (9) (8) (9) (9) (9) (9) (9) (9) (9) Sideyard 15 ft 15 ft 5ft 8ft 8ft 8ft 5ft 5ft 5ft 5ft (11)5ft 5ft (11) 5ft 5ft (11)5ft 5ft (11)5ft 5ft (11) (38) (38) (38) (30) (30) (30) (30) (30) (30) Sideyard 20 ft 20 ft 10 ft 10 ft 10 ft 10 ft 10 10 ft 10 10 ft 15 10 10 ft 15 ft 10 10 ft 15 10 10 ft 15 10 10 ft 15 on flanking (9) (9) (9) (9) ft (9) ft (9) ft ft (9) ft (9) ft ft (9) ft ft (9) ft street oft (9) (9) (9) (9) (9) (9) comer lot Rea,yard 20 ft 15 ft 5ft 10 ft 10 ft 10 ft 5ft 8ft 5ft 8ft 20 5ft 8ft 20 ft 5ft 8ft 20 5ft 8ft 20 5ft 8ft 20 ft I I I ft ft ft Additional (12) (12) (32)1(32) (14) (31) (31) (14) (31) (31) (14) (14) (14) setbacks/di (32) (32) (15) (15) (15) (15) slances (31) (31) between (32) buildings SF Dup SF SF Dup MF SF Dup MF SF Dup MF SF Dup MF lex lex lex lax I ax Height 25 25 25 25 25 25 25 25 ]252 3 25 2 3 shy/ 25 25 3 25 25 3 25 25 4li miatiort shy/ shy/ shy/ shy/ shy/ shy/ shy shy/ shy/ shy shy shy/ 30 ft shy shy/ shy shy shy/ shy shy shy/ shy in 35 ft 35 ft 35 ft 35 ft 35 ft 30 ft / 35 ft 30 ft/30 / 30 ft / 35 ft/40 / 35 ft/40 / 35 ft/50 stones/not (16) 30 ft 30 30 ft 30 ft 30 ft to exceed ft ft ft ft ft infer Max. 4W. 40% 50% 60% 70% 75% 75 70% 75 70% 70 75 70% 70% 75 70% 75 7M 75 70% p imervious (19) (19) (23) (23) (23) (23) ob (19) ob (19) ob ob (19) (19) ob (19) % (19) % (19) surface: (19) (19) (19) (19) (19) (19) (19) percent of total parcel area Zero lot The provisions in KCC 15.08300,15.08310,15.08320,and 15.08330 shall apply. line and clustering (24) Signs The sign regulations of Ch 15.06 KCC shall apply. Off-street The off--street parking requirements ofCh 15.05 KCC shall apply. parking Landscapin The landscaping requirements of Ch 15.09KCC shall apply 9 Multifamil (25) (25) (25) (25) (25) ytransition area Multifamil (26) (26) (26) (26) (26) y design Additional standards for specific uses are contained in Chs.15.08 and 15.09 KCC Additional (20) (31) (33) (33) (33) (33) (36) (36) (28) (28) �(36) (36)�(36)�(36)�(36)�(36) (36) (36) (36) (36) standards (33) (36) (36) (36) (36) (29) (29) (36) (39) (39) (39) (36) (34) 36) 31.For subdivisions and short subdivisions created after March 22,2007,or altered or comply with inning and subdivision code amendments effective after March 22,2007, the minimum lot size shall betivec thousand(3,000)square feet hainimum lot width shall be measured by scaling a thirty(30)foot diameter circle within the boundaries of the lot,provided,that easement areas may not be included in me required thirty(30)foot diameter circle The lot frontage along private or public streets shall be a minimum twety(20)feetinwidth Minimum driveway separation shall beten(10)feet Sharedddvewaysareperxmitted 38.Subdivisions and short subdivisions created on or before March 22200E may have min.flve(K foot side vards. Fifty(50)percent ofHe lots within subdivisions and short subdivisions created after March 22,2007,or altered or comply with zoning and subdivision code amendments effective after March 22,2009,may have minimum five(5)foot side yards when special life safety measures are prov ided,The sum total ofboth side yards for the remaining fifty(50)percent of me lots shall be a minimum sixteen(16)feet any individual side yard less than eieht(8)feet may require special life safety measures. SECTION 2, - Amendment. Section 15.04.190 of the Kent City Code is amended as follows: 5 Amend Title 15 Zoning Sec. 15.04.190. Commercial and industrial zone development standards. Zoning Districts NCC CC DC DCE hall M2 OR Neighborh Cortvnuni Downtow Downtow CM-1 CM GC O MA MI Industrial Limite Genera GWC AG cold v General Otfic Industrial Gateway Agricultu ty n Convnacial Convnacial grim Ivdustrn Perk- d 1 Covvenien Convnac Convnac e A IW Convnac ral Cortvnac Ccrtvnac ng 1 District ng 2 District i D park Ccrtvnac Industrn Industrn ce ial at Datrn at ial General Gcrttrict eel eel Enteryvs vg-1 Dnshlet vg LDnstrnct District ct District District eel el. el. District District I District District District eDistrict District District District Minvnum 10,000 10,000 5,000 5,000 10,000 10,000 10,000 sit 10,00 1 acce 1 acce 10,000 sit 20,000 15,000 10,000 sit 1 acce lot area sit ft sit ft sit ft sit ft(66) sit ft sit ft ft(66) 0 sit ft sit ft sit ft ft square feet (1)(66) ft or acres, as noted Max. 40% 40% 10W. 10W. 50% 50% 40% 30% 50% 60% 60% 65% "]5% 40% 60% site coverage percent of site Minvnum yard resurrects nts feet Front yard 10 ft 15 ft (2) (3) 15 ft 15 ft 20 ft 25 ft 300 ft (5) (5) � (7) 15 ft (5) Sideyard (8) (9) (2) (3) (10) (10) (10) (10) 01) (12) (12) (13) (14) 5 ft(15) (12) (16) Sideyard (17) (17) (17) (18) 15 ft (17) on flanking street of comer lot Rea,yard (8) 20 ft (2) (3) (19) (19) (19)(2) (19) (20) (20) (21) (21) 5 ft (20) (22) Yards, (23) (23) (24) (25) (23) transition 1 conditions Additional (26)(27) (29) (29) (29) setbacks (28) Height 2shy/35ft3shy/40 4shy/60 (32) 2shy/35ft 2shy/35ft 2shy/35 3 2shy/35 2shy/ 2 shy/35 2shy/ 2shy/ 3shy/40 2 shy/35 Ivnitation: ft ft (30) (30) ft shy/ ft 35 ft ft 35 ft 35 ft ft ft in (30) (31) (30) 40 ft (33)(34) (35) (35) (35) (s]) (38) (35) stones/not to exceed in feet Landscape The landscaping requirements of Ch 15.01 KCC shall apply. ng (52) (52) 1 1 (52) Outdoor (39) (39) (40)(41) (40)(41) (40) 1 (42) (43) (43) 1(44) (45) (59) (43) storage (51) Signs The sign regulations of Ch 15.06 KCC shall apply. (60) Vehicle (46) (46) (46) (46) (46) (46) drive (61) though, drive in, andservice bays Loading (47) (4])(48) (47) (47) (4])(48) areas (48) (49) (51) Off-street The off-street parking requvanents ofCh 15.05 KCC shall apply. parking (57) (57) 1 1 (57) (57) 1 1 (58) (58) (58) (SC) (58) (50) (36) (31) (31) (50) (50) (31) (36) (50) (50) (50) (50) (50) (50) (50) (50) (50) (50) (56) (56) (36) (50) (56) (53) (53) (54 (54 (53) Additional (62) (56) (56) (56) (50) (56) (54) (54 (55) (55) (54) standards (63) (6]) (56) (55) (55) (56) (56) (55) (E4) (56) (56) (56) (65) 6 Amend Title 15 Zoning 5 The minvnom fiovtfare setback shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer.The setbacks are as follows. a properties fronting on arterials and collector streets shall have a mininwm setback of forty(40)feet b.properres fronting on local access streets shall have amini.seback oftfity(30)feet Z The front yard shall be ten h 0)percent ofthe lot depth Regardless of lot size,the yard depth need not be more than thirty-five(35)feet SECTION 3. — Amendment. Section 15.05.100 of the Kent City Code is amended as follows: Sec. 15.05.100. Off-street parking plans. A. Off-street parking plans shall be subject to review and approval by the planning department and city engineer or his/her designee. The planning department shall review plans for compliance with the requirements of this title. The city engineer shall review plans based upon the following criteria: 1. Safety and efficiency of interior circulation. 2. Safety of ingress and egress points. 3. Effects of access on public streets with regard to street capacity, congestion and delay. 4. Compliance with construction standards relating to stormwater runoff. B. All plans must be complete with the information as requested by the planning director. DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS A B C D E F G1 G2 H I 3 Aisle Width Angle Stall Stall Curb Starting Depth to One- Two- Depth to Setback Gross Stall Width Depth Length Loss (feet) Wall Way Way Inter- (feet) Area (square (feet) (feet) (feet) (feet) (feet) (feet) lock feet) (feet) 0° 9.0 23.0 23.0 0.0 9.0 12.0 20.0 9.0 23.0 207 7 Amend Title 15 Zoning 10° 8.0 17.0 46.1 61.4 10.8 12.0 20.0 6.9 16.7 499 9.0 19.0 51.8 69.0 12.2 12.0 20.0 7.7 18.7 630 20° 8.0 17.0 23.4 36.6 13.3 12.0 20.0 9.6 16.0 312 9.0 19.0 26.3 41.1 15.0 12.0 20.0 10.7 17.9 394 30° 8.0 17.0 16.0 26.7 15.4 12.5 20.0 12.0 14.7 247 9.0 19.0 18.0 30.0 17.3 12.0 20.0 13.4 16.5 311 36.9° 8.0 17.0 13.3 22.1 16.6 13.5 20.0 13.4 13.6 221 9.0 19.0 15.0 24.8 18.6 13.5 20.0 15.0 15.2 279 40° 8.0 17.0 12.4 20.3 17.1 13.5 20.0 14.0 13.0 212 9.0 19.0 14.0 22.8 19.1 13.5 20.0 15.7 14.6 268 45° 8.0 17.0 11.3 17.7 17.7 14.5 20.0 14.8 12.0 200 9.0 19.0 12.7 19.8 19.8 14.5 20.0 16.6 13.4 252 50° 8.0 17.0 10.4 15.2 18.2 15.5 20.0 15.6 10.9 190 9.0 19.0 11.7 17.1 20.3 15.5 20.0 17.4 12.2 239 53.1° 8.0 17.0 10.0 13.8 18.4 16.5 20.0 16.0 10.2 184 9.0 19.0 11.3 15.5 20.6 16.5 20.0 17.9 11.4 232 60° 8.0 17.0 9.2 10.8 18.7 17.0 20.0 16.7 8.5 173 9.0 19.0 10.4 12.1 21.0 17.0 20.0 18.7 9.5 218 70° 8.0 17.0 8.5 6.8 18.7 20.0 22.0 17.3 5.8 159 9.0 19.0 9.6 7.6 20.9 20.0 22.0 19.4 6.5 200 80° 8.0 17.0 8.1 5.0 18.1 23.0 24.0 17.4 3.0 147 9.0 19.0 9.1 5.0 20.3 23.0 24.0 19.5 3.3 185 90° 8.0 17.0 8.0 5.0 17.0 24.0 24.0 17.0 0.0 136 9.0 19.0 9.0 5.0 19.0 24.0 24.0 19.0 0.0 171 -F c �� T D L. 8 Amend Title 15 Zoning .. _.._ + f ' Y DIAGRAM 2 SECTION 4, — Amendment. Section 15.08.020 of the Kent City Code is amended as follows: Sec. 15.08.020. Special permit uses. The following uses are permitted in the several districts in which they are listed as special permit uses provided that they conform to the development standards listed in this section in addition to conforming to the development standards of the zoning district in which the use is located: A. Churches (excluding drive-in churches, which are conditional uses). 1. Minimum lot area. Minimum lot area is one (1) acre in SR zones; in other zoning districts it shall be the minimum lot area of the underlying district. 2. Front yard. There shall be a front yard of at least twenty (20) feet in depth. 9 Amend Title 15 Zoning 3. Side yard. Each side yard shall be a minimum of fifteen (15) feet in width. 4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth. 5. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off public streets. 6. Landscaping. All yard areas must be landscaped. 7. Day-care centers. Day-care centers in churches .. ust also PF0Vi '� the FeqUiFed play --e- as p-evided On subsection (B) of this section shall comply with State regulations in WAC 388-148-1275. 8. Parking; signs. Off-street parking and sign regulations shall be observed. SECTION 5. - Amendment. Section 15.08.040 of the Kent City Code is amended as follows: Sec. 15.08.040. Home occupations. A. Purpose. It is the purpose of this section to outline general conditions in which home occupations may be permitted in all zoning districts. These conditions have been designed to help preserve the residential character of the city's neighborhoods from commercial encroachment while recognizing that certain selected business activities are compatible with residential uses. B. Home occupations permitted. Home occupations which meet the requirements of this section are permitted in every zone where a dwelling unit was lawfully established. The requirements of this section shall not apply to the following home occupations: 1. Home child care. 2. The sale of agricultural products produced on the premises. 10 Amend Title 15 Zoning C. Development standards. All dwelling units in which a home occupation is located must meet the following minimum development standards: 1. The residential character of the exterior of the building shall be maintained. 2. The outdoor storage or display of materials, goods, products, or equipment is prohibited. 3. A home occupation shall not occupy more than three hundred (300) square feet. 4. The sign regulations of Ch. 15.06 KCC shall apply. D. Performance standards. All home occupations must meet the following minimum performance standards: 1. Employees. A home occupation may not employ on the premises more than one (1) person who is not a resident of the dwelling unit. 2. Traffic. The traffic generated by a home occupation shall be limited to four (4) two (2) way client-related trips per day and shall not create a need for additional onsite or offsite parking spaces. 3. Sale of goods and services. The sale of goods and services from a home occupation shall be to one (1) customer at a time, by appointment only, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday only. 4. Electrical or mechanical equipment usage. The use of electrical or mechanical equipment that would change the fire rating of the structure or create visual or audible interference in radio or television receivers or electronic equipment or cause fluctuations in line voltage outside the dwelling unit is prohibited. 5. Utility demand. Utility demand for sewer, water, electricity, garbage, or natural gas shall not exceed normal residential levels. 6. Other criteria. There shall be no noise, vibration, smoke, dust, odors, heat, glare, or other conditions produced as a result of the home occupation which would exceed that normally produced by a 11 Amend Title 15 Zoning single residence, or which would create a disturbing or objectionable condition in the neighborhood. E. Permit required. A zoning permit is required as provided in KCC 15.09.020. F. Special home occupation permits. A special home occupation permit shall be required for the following home occupations: 1. Music lessons.. if more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). 2. Dance lessons.. if more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). 3. Art lessons.. if more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). 4. Academic tutoring.- if more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). 5. Automobile detailing. A special home occupation permit may only be issued as follows: 1. Application. Applications for a special home occupation permit under this subsection shall be subject to the procedures and requirements of Chs. 2.32 and 12.01 KCC. The application fee for a special home occupation permit shall be the same as for administrative variances unless otherwise established by city council resolution. 2. Criteria for approval. In conducting a hearing on an application for a special home occupation permit, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. A special home occupation permit may only be approved 12 Amend Title 15 Zoning by the hearing examiner if the hearing examiner finds that such permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the issuance of such special home occupation permit will be consistent with the spirit and purpose of this section and subject to the applicable provisions of Ch. 12.01 KCC. 3. Conditions of approval. In approving a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this section, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. 4. Issuance. Any special home occupation permit application approved by the hearing examiner shall be forwarded to the planning department for issuance. 5. Appeal of decision. The decision of the hearing examiner on a special home occupation permit application shall be final. Any appeal of the hearing examiner's decision shall be pursuant to the appeal provisions of Ch. 12.01 KCC. G. Home occupations prohibited. 1. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of zoning districts where dwelling units are lawfully established. Therefore, the uses listed below shall not be permitted as home occupations: a. Repair, body repair, building, or servicing of vehicles. 2. Home occupations prohibited by subsection (G)(1) of this section and which were operated lawfully in the city of Kent in compliance 13 Amend Title 15 Zoning with the provision of this chapter as of the date of passage may continue to operate until October 18, 2004, after which date no prohibited home occupations may lawfully operate in the city of Kent. SECTION 6. — Amendment. Section 15.08.050 of the Kent City Code is amended as follows: Sec. 15.08.050. Performance standards. A. Performance standards defined. Performance standards deal with the operational aspects of land uses. While performance standards shall apply to all land uses within the city, they are primarily concerned with the impact of industrial development upon the environment. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements: 1. Noise, vibration or glare. 2. Smoke, dust, odor or other form of air pollution. 3. Heat, cold or dampness. 4. Hazardous substances and wastes. B. Nonconforming uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to conform therewith. C. Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the 14 Amend Title 15 Zoning use creating the dangerous or objectionable elements and at any points where the existence of such elements may be more apparent (referred to in the section as "at any point"); provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement: 1. In all districts: At the property lines or lot lines; or 2. In all districts: At the buffer zone setback line for any hazardous substance land use facility, which must be at least fifty (50) feet from any property line. D. Restrictions on dangerous and objectionable elements. 1. Noise. At the points of ngeaSUFengent specified On subsection (C) e this section, the n9axingung sound PFeSSUFe level Fadiated on stand octave Eby any use OF facility, ether than tFansportatien facilities OF tenqpoFaFY cenStRictien WOFIE, ..hall of exceed the values fOF octave bands lying within the seveFal s L...wn On Table TT The sound P e 'eye' sh-.II be ng ed with a sound level ngeteF and associated octave band analyzff rcoovaiacivii�,-uiici icaii Standard StandaFd Sound Level Meters fOF P4eaSUFement of Norse—and Qther Sounds, Z24.3-1944 Angertc-an F Noose d /ltheF Sou vi ivoi�c aiia vciici Sounds, Z24.19 1953, OF the latest appr6Ve revisien theFeef�Tertc-an Stares Association ine., New Y N.Y., shall be used-.) TAB C T Trvr�r. SG IND PRESSURE LEVELS C TN DEGIQCI C (cycles r-'� oATTQTT'GSSUrG 15 Amend Title 15 Zoning second) Level (decibels) 29 75 7-5 75 i59 78 i58 300 454 CAB 600 S9 699 1,289 33 2499 -4 899 49 ^9—!6Kz 34 / TABLE GGRREGTIGN TN MAXIMUM PERMITTED SOUND PRESSURE I C\/CI TN DEGIDCI Q TO DC APPLIED TO TABLE T cvrrcccivrt in Type of Oper-atien or- Character- of Nemse Deembe's Nemse SOUFee epeFates less than twenty (20� Plus 5* 1 S11* Plus T � .. (1) heUF p ed Nemse SOUFee epeFates less than one (1) peFeent of any s DlLTu 15* Plus .. (1) heUF p ed T'1inus 5 *Apply one (1) of these COFFectiens only. 16 Amend Title 15 Zoning 1-2. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section. 23. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities so as to exceed the odor threshold at the following points of measurement. The odor threshold shall be defined as the concentration in the air of a gas or vapor which will just evoke a response in the human olfactory system. a. Industrial park district, M1. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines. b. Limited industrial district, M2. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines. c. General industrial district, M3. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond the district boundary or five hundred (500) feet from the lot line, whichever distance is shortest. 34. Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection (C) of this section shall be permitted. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection otherwise permitted by the provisions of this title. 4b. Radioactivity or electrical disturbance. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation. 17 Amend Title 15 Zoning 56. Fire and explosion hazards. The relevant provisions of federal, state and local laws and regulations shall apply. 67. Smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply. 78. Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in compliance with state and federal regulations and Ch. 7.14 KCC. 89. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in compliance with state and federal regulations and Ch. 7.14 KCC. The relevant provisions of federal, state and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The following site development standards shall apply: a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW; b. Hazardous substance land use facilities shall be located at least: 18 Amend Title 15 Zoning (1) Two hundred (200) feet from unstable soils or slopes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B); (2) Two hundred (200) feet from the ordinary high- water mark of major or minor streams or lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B), shorelines of statewide significance, or shorelines of the state; (3) One-quarter (1/4) mile from public parks, public recreation areas, or natural preserves, or state or federal wildlife refuges; provided, that for purposes of this section public recreation areas do not include public trails; (4) Fifty (50) feet from any property line to serve as an onsite hazardous substance land use facility buffer zone; (5) Five hundred (500) feet and one hundred (100) feet from a residential zone and a residential unit respectively; and (6) Five hundred (500) feet from a public gathering place or agricultural land or zone, in the case of a nonagricultural hazardous substance land use facility; c. Hazardous substance land use facilities shall not be located in a one hundred (100) year floodplain; d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a type I solid screen landscaping of a width of at least ten (10) feet in the 19 Amend Title 15 Zoning hazardous substance facility buffer zone required by subsection (9)(b)(4) of this section; e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements; f. Underground hazardous substance land use facilities shall meet federal, state, and local design and construction requirements; g. Hazardous substance land uses shall comply with adopted fire codes; h. Hazardous substance land uses shall provide for review and approval by the city fire department of a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility; i. Hazardous substance land uses should use traffic routes which do not go through residential zones; j. Hazardous substance land uses in the 0, NCC, CC, and DC zones shall be entirely enclosed within a building; and k. Without limiting the application of the adopted fire codes to diesel fuel tanks, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, onsite, oil burning equipment (such as electrical power generator systems) in all nonresidential zoning districts shall be exempt from the hazardous substance regulations of this section, and above and below ground diesel fuel tanks of up to six thousand (6,000) gallons intended exclusively for use on stationary, onsite, oil burning equipment (such as electrical 20 Amend Title 15 Zoning power generator systems) in residential zones shall be exempt from the hazardous substance regulations of this section for essential governmental facilities only. The hazardous substance zoning code regulations, including the existing five hundred (500) gallon limit for hazardous substances for residential uses, shall otherwise remain in force and effect. Additionally, all above ground diesel fuel tanks over five hundred (500) gallons exempted by this subsection are required to have a five (5) foot minimum landscape buffer surrounding the tank to buffer the visual impacts of these tanks. Moreover, the planning director shall have the discretion to increase or modify this landscape buffer requirement depending upon the specific circumstances posed by any particular tank location. In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply. SECTION 7. — Amendment. Section 15.08.100 of the Kent City Code is amended as follows: Sec. 15.08.100. Nonconforming development. A. Purpose. The intent and purpose of this section is to: 1. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located. 2. Ensure reasonable opportunity for use, maintenance, and improvement of legally constructed buildings, structures, and site development features which do not comply with current minimum requirements for the district in which they are located. 21 Amend Title 15 Zoning 3. Ensure reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the district in which they are located. 4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses. 5. Encourage the eventual upgrading of nonconforming buildings, structures, and site development features which do not comply with current minimum requirements for the district in which they are located. B. Applicability. Nonconforming uses, structures, lots, or signs are not favored by law and this title, and it is to avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, or sign must have been lawfully established pursuant to a county resolution in effect at the time of annexation which rendered it nonconforming, or it must have been lawfully established prior to the effective date of this chapter or subsequent amendments thereto, or lawfully established prior to the purchase or condemnation of right-of-way by the city of Kent. This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category is dependent upon the degree to which that category of nonconformance is a nuisance or incompatible with the purpose and requirements of this title. C. Nonconforming uses. 1. Applicability of restrictions. Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply. 22 Amend Title 15 Zoning 2. Expansion of nonconforming uses. No existing building, structure, or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure, or land is located except as follows: When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified, or structurally altered. 3. Change of nonconforming use. When authorized by the planning manager, a nonconforming use may be changed to a use of a like or more restrictive nature. 4. Extension of nonconforming use. When authorized by the planning manager, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein. 5. Discontinuance of nonconforming use. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six (6) month period of discontinuance. 6. Reversion to nonconforming use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed. 7. Residential exception to nonconforming use status. Legally established residential uses located in any residential zoning district 23 Amend Title 15 Zoning shall not be deemed nonconforming in terms of density provisions and shall be a legal use. 8. Exception for certain drive-through banking facilities. Legally established bank buildings with drive-through facilities in the downtown commercial zoning district that existed prior to August 9, 1992, shall not be nonconforming; however, these drive-through facilities may not be expanded beyond that which existed on August 9, 1992, when the city prohibited bank drive-through facilities in DC zones. D. Nonconforming buildings and structures. 1. Applicability of restrictions. Regulations applicable to nonconforming structures are in addition to regulations applicable to nonconforming uses, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply. 2. Major nonconforming buildings and structures. Except as allowed in 15.04.030(6), {ono major nonconforming structure may be expanded, enlarged, extended, reconstructed, or structurally altered or changed, nor may any major nonconforming building, structure, or lot be occupied after discontinuance of change in use, unless the structure, use, and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure is located, except as follows: a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other natural disaster, may be restored, reconstructed, and used as before; provided, that the work be vested by permit application within one (1) year of such happening; any restoration or reconstruction not vested by permit application within twelve 24 Amend Title 15 Zoning (12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager. 3. Minor nonconforming buildings and structures. No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure, or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure is located, except as follows: a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other natural disaster, may be restored, reconstructed and used as before; provided, that the work be vested by permit application be completed within one (1) year of such happening; any restoration or reconstruction vested by permit application twelve (12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager. 25 Amend Title 15 Zoning 4. Planning manager's authority. The planning manager may waive specific development standard requirements or impose additional requirements when all the following criteria are met: a. When owing to special circumstances a literal enforcement of the provisions of this title or other land use regulatory ordinances of the city will result in unnecessary hardship. b. When the waiver of development requirements is in harmony with the purpose and intent of city ordinances and the comprehensive plan. c. When the proposed use, building, and development will function without adverse impact upon adjacent property, development in the area or the city as a whole. d. When a conditional use permit is not required. E. Nonconforming lots. 1. Applicability of restrictions. Regulations applicable to nonconforming lots are in addition to the regulations applicable to nonconforming uses, structures, and signs, and, in the event of conflict, the most restrictive provisions shall apply. 2. Nonconforming lots of record. a. Residential districts. (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard 26 Amend Title 15 Zoning dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. (2) In all single-family zoning districts, with the exception of the SR-8 zoning district, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. (3) In the SR-8 zoning district, if two (2) or more single-family zoned lots or combination of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the following minimum requirements established for lot width, lot area, and topography, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which 27 Amend Title 15 Zoning creates a lot with width or area below the requirements stated in this title. (a) Minimum lot area: Four thousand six hundred (4,600) square feet. (b) Minimum lot width: Forty (40) feet. (c) Maximum site slope: Fifteen (15) percent. (4) In any district in which duplex dwellings are permitted, a duplex dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, with a minimum area of seven thousand two hundred (7,200) square feet, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. b. Other districts. In any other district, permitted building and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping, and off- street parking requirements are met. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this 28 Amend Title 15 Zoning title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. F. Nonconforming signs. 1. Applicability of restrictions. Regulations applicable to nonconforming signs are in addition to regulations applicable to nonconforming uses, structures, and lots, and in the event of conflict the most restrictive provisions shall apply. 2. Continuation of nonconforming signs. a. Signs that were legally existing as of the effective date of this title or subsequent amendments thereto that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered, or added to without receiving approval from the planning services office. b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title. 3. Amortization period. a. Abandoned signs. Abandoned signs must be removed within ninety (90) days. b. Number and type of signs. The number and type of allowable signs for each occupancy must conform to the regulations of this title. SECTIONS. — Amendment. Section 15.08.160 of the Kent City Code is amended as follows: 29 Amend Title 15 Zoning Sec. 15.08.160. Accessory buildings. A. An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear one-half (1/2) of a lot the accessory building can be built to within two (2) feet of the side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building. Garages or carports are limited to one thousand (1,000) square feet in area where motor vehicles used by the tenants of the buildings on the premises are stored or key B. Guesthouse accessory buildings shall be located on the rear half of the building site. There shall be not more than one (1) guesthouse on any one (1) building site, which, together with other accessory buildings, shall not exceed thirty (30) percent of the area of the rear yard on which it is built. No kitchen or cooking facilities shall be permitted in any guesthouse. SECTION 9, — Amendment. Section 15.08.205 of the Kent City Code is amended as follows: Sec. 15.08.205. Temporary use regulations. This section shall be known as the temporary use regulations. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. A. Permitted uses. The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the planning director: 1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. 30 Amend Title 15 Zoning 2. Contractor's office, storage yard and equipment parking and servicing on the site of an active construction project. 3. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities. 4. Indoor or outdoor art and craft shows and exhibits. 5. Christmas tree sales lots, fireworks and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts. 6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project. 7. Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use. 8. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the city. 9. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use. 10. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only. 11. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thirty-two (32) square feet 31 Amend Title 15 Zoning total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required. 12. Garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three (3) days in the same week or more than twice in the same calendar year. No permit is required. 13. Fund-raising carwashes. No permit is required, however, a car wash kit from Public Works Operations is required. 14. The planning director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection (C) of this section. B. Conditions of temporary use. 1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use. 2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five (25) percent of the spaces required for the permanent use, except in the downtown commercial (DC-1) zoning district or as approved by the city council. 3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Ch. 15.05 KCC, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way. 4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the city council. 32 Amend Title 15 Zoning 5. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows: a. When authorized by the planning director, a temporary use may operate an additional ninety (90) days if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. b. When authorized by the hearing examiner, a temporary use may operate an additional one (1) year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. 6. All signs shall comply with the requirements of Ch. 15.06 KCC, pertaining to sign regulations, except as otherwise specified in this section. 7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required city permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc. 8. The planning director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use. C. Determinations. The planning director may authorize the temporary uses described in subsection (A) of this section after consultation and coordination with all other applicable city departments and other agencies and only when the following determinations can be made: 33 Amend Title 15 Zoning 1. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site. 2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties. 3. The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity. 4. The use and associated structures and living quarters will be conducted and used in a manner compatible with the surrounding area. 5. The temporary use shall comply with all applicable standards of the Seattle King County health department. D. Application and authorization. 1. Application to conduct a temporary use shall be made to the planning department, and shall include such information as the planning director may require to evaluate the use and to make the determinations required by this section. 2. Application shall be made prior to the requested date for commencement of the temporary use, and the planning director shall make a determination whether to approve, approve conditionally or deny the temporary use within ten (10) days after the date of application. 3. Authorization of a temporary use shall be by issuance of a zoning permit. 4. A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted. 34 Amend Title 15 Zoning SECTION 10. — Amendment. Section 15.08.205 of the Kent City Code is amended as follows: Sec. 15.09.055. Zoning of annexed lands. A. Purpose. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies and plans. B. Determination of planning director. Whenever the council shall determine that the best interest and general welfare of the city would be served by annexing territory, the planning director will cause an examination to be made of the comprehensive plan of the city. If the city council determines that the comprehensive plan is not current for the area of the proposed annexation, the planning director will cause an application to be made to the land use and planning board for an update of the comprehensive plan. In addition, the planning director will cause an application to be filed with the land use and planning board for an initial zoning recommendation. C. Recommendation of the land use and planning board. 1. Comprehensive plan. Upon application by the planning director, the land use and planning board shall hold at least one (1) open record public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing. Upon completion of the hearing, the land use and planning board shall transmit a copy of its recommendations for the comprehensive plan to the council for its consideration. 35 Amend Title 15 Zoning 2. Initial zoning. In addition, the land use and planning board shall hold at least one (1) open record public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing. D. City council action. 1. Comprehensive plan. Within sixty (60) calendar days of the receipt of the recommendation from the land use and planning board for the comprehensive plan for the area of the proposed annexation, the city council shall consider the comprehensive plan at a public meeting. The council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the comprehensive plan back to the land use and planning board for further proceedings. If the matter is referred to the land use and planning board, the council shall specify the time within which the land use and planning board shall report back to the council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a majority of the total members of the council shall be required for approval. 2. Initial zoning. Upon receipt of the recommendations of the land use and planning board for the initial zoning of the area of the proposed annexation, the council shall hold two (2) or more public hearings at least thirty (30) calendar days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing. The 36 Amend Title 15 Zoning ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city. The city clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor. SECTION 11. — Savings. The existing portions of Title 15 of the Kent City Code which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 12. — Severabilitv. 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. SECTION 13. — 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 14. — 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 37 Amend Title 15 Zoning APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12011. APPROVED: day of 12011. PUBLISHED: day of 12011. 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 PVCii1A0rinance\TitlelSA end ersdoc 38 Amend Title 15 Zoning KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: September 20, 2011 SUBJECT: 2011 Emergency Management Performance Grant — Accept MOTION: Accept the 2011 Emergency Management Performance Grant from the state of Washington Military Department, Emergency Management Division in the amount of $104,900, amend the budget, authorize expenditure of the funds, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The Emergency Management Division received a grant in the amount of $104,900 from the Washington State Military Department and the Department of Homeland Security to supplement local budget expenditures. The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant (EMPG). A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management programs. The Statement of Work, which is included in the attached contract, outlines the objectives, goals, and deliverables that were identified when we applied for the grant monies. EXHIBITS: Contract RECOMMENDED BY: Public Safety Committee 9/13/11 BUDGET IMPACTS: No impact this is a pass through grant $104,900 — Grant Revenues/Expenditures Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Kent/OEM 24611 —116th Avenue SE $104,900 E12-112 Kent,WA 98030-4939 4. Sub-grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Jenny Keizer, (253) 856-4342 October 1, 2010 June 30, 2012 7. Department Program Manager, phone no: 8. Data Universal Numbering System(DUNS): 9. UBI #(state revenue): Charma Anderson, (253) 512-7064 20253613 173-000-002 10. Funding Authority: Washington State Military Department (the "DEPARTMENT")and the U.S. Department of Homeland Security(DHS) 11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN: Agreement#: Funding Code (PI): (CFDA) #&Title: 91-6001254 2011-EP-00-001 713PT 97.042 EMPG 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 33, 47 King County Certified?: X N/A El (BY CONGRESSIONAL DISTRICT): 8,9 ❑ YES, OMWBE# 18. Agreement Classification 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security(DHS) Emergency Management Performance Grant(EMPG)funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan. IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms & Conditions (Exhibit A), General Terms and Conditions (Exhibit B), Work Plan (Exhibit C), Milestone Timeline (Exhibit D), Budget (Exhibit E), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date James M. Mullen, Director Suzette Cooke, Mayor Emergency Management Division Washington State Military Department Signature Date APPROVED AS TO FORM: Jim Schneider, Chief Brian E. Buchholz, (signature on file) 7/25/2011 APPROVED AS TO FORM (if applicable): Assistant Attorney General Applicant's Legal Review Date Form 10/27/00 kdb DHS-FEMA-EMPG-FFY 11 Page 1 of 27 City of Kent E12-112 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB-GRANTEE MILITARY DEPARTMENT Name Jim Schneider Name Charma Anderson Title Fire Chief Title EMPG Program Manager E-Mail jchneider@ci.kent.wa.us E-Mail c.anderson@emd.wa.gov Phone (253) 856-4300 Phone (253)512-7064 Name Jenny Keizer Name Sierra Wardell Title Emergency Management Specialist Title EMPG Program Coordinator E-Mail jdkeizer@ci.kent.wa.us E-Mail s.wardell@emd.wa.gov Phone (253) 856-4342 Phone (253) 512-7121 Name Name Deborah Henderson Title Title EMPG Program Assistant E-Mail E-Mail d.henderson@emd.wa.gov Phone I Phone (253) 512-7470 ARTICLE II --ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Sub-grantee shall comply with all applicable state and federal laws, regulations and program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Office of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2, Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. The Sub-grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: "Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons." However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with DHS-FEMA-EMPG-FFY 11 Page 2 of 27 City of Kent E12-112 existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. 5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "Fiscal Year 2011 EMPG Program Guidance and Application Kit, Section I — Application and Review Information May 2011" and the "Fiscal Year 2011 GPD Preparedness Grant Programs Guidance and Application Kit, Section 11 -- Award Administrative Information May 2011", which can be found at http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made a part of this Agreement. 6. The Sub-grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and Attachment#1 attached to and made a part of this Agreement. ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at http://www.gsa.gov without prior written approval by Department key personnel. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. 2. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. 3. The Sub-grantee will submit reimbursement requests to the Department by submitting an A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests shall be submitted to the Department's key personnel and must be submitted no more frequently than monthly; and it is required that invoices be submitted at least bi-annually. 4. All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. 5. No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub-grantee and invoiced by the vendor. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub-grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports DHS-FEMA-EMPG-FFY 11 Page 3 of 27 City of Kent E12-112 and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. 8. Final reimbursement requests will not be approved for payment if Sub-grantee is not current with all reporting requirements contained in this Agreement. ARTICLE IV— REPORTING REQUIREMENTS 1. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought. 2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department's key personnel a final report describing all completed-activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan. ARTICLE V— EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will be recorded and maintained in the Sub-grantee's equipment inventory system. 1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub- recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability. The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub-grantee shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub-grantee for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated and sent to the Department. 7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. 8. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: DHS-FEMA-EMPG-FFY 11 Page 4 of 27 City of Kent E12-112 a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for its share. 9. As recipient of federal funds the Sub-grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this Grant Agreement. ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION 1 . The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program. Information about these requirements is located on pages 31-32 of the "Fiscal Year 2011 EMPG Program Guidance and Application Kit, Section I — Application and Review Information May 2011" and on pages 11-12 of the "GPD Preparedness Grant Programs Guidance and Application Kit, Section II -- Award Administrative Information May 2011" both of which are located at FEMA: FY 2011 Emergency Management Performance Grants (EMPG) Program or http://www.fema.gov/government/grant/empg/. 2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The Sub-grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. If potential impact is identified, EHP review is required prior to project implementation. Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of funds. ARTICLE VII — PROCUREMENT The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub-grantee's award and execution of a contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at which point the Sub-grantee will be responsible for reviewing and approving their sub- contractors' sole source justifications. ARTICLE VIII — SUB-GRANTEE MONITORING 1. The Department will monitor the activities of the Sub-grantee from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 2. Monitoring activities may include, but are not limited to: a. review of performance reports; b. monitor and document the completion of Grant Agreement deliverables; c. documentation of phone calls, meetings, a-mails and correspondence; d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; DHS-FEMA-EMPG-FFY 11 Page 5 of 27 City of Kent E12-112 f. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub- recipients who receive pass-through funding from this Agreement. ARTICLE IX— GRANT AGREEMENT MODIFICATION REQUESTS A Sub-grantee may request a modification to the Grant Agreement in writing to the Department key personnel. Modifications may be requested for Grant Agreement end date, budget or scope change. ARTICLE X— NIMS COMPLIANCY 1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2011 must be met. 2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, Tribal nations, nongovernmental organizations including voluntary organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 3. All local government and Tribal nations sub-grantees should update their respective NIMS Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only required if a jurisdiction fails to meet one of the NIMS implementation activities. Comprehensive information concerning NIMS implementation for States, Tribal nations, local governments, nongovernmental organizations, and the private sector is available through the National Integration Center (NIC) at FEMA's NIMS Resource Center at http://www.fema.gov/nims. 4. Local governments and tribal nations should continue to implement NIMS training guidance (course curricula and instructor qualifications) contained in the Five-Year NIMS Training Plan, released in February 2008 and any successor guidance released by FEMA. [Note: Coursework and training developed and/or delivered by National Wildfire Coordinating Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at http://www.fema.gov/emergency/nims/NIMSTrainingCourses. ARTICLE XI — EMPG SPECIFIC REQUIREMENTS 1. The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program. The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law93-288, as amended, 42 U.S.C. 5121-5207). 2. A portion of the FFY11 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the qualifications specified in WAC 118-09 regarding emergency management assistance funds was awarded a sub-grant based on the size of their agency's emergency DHS-FEMA-EMPG-FFY 11 Page 6 of 27 City of Kent E12-112 management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. 3. Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by EMPG Program. The Sub-grantee shall use the funds to perform tasks as described in the Work Plan of the Sub-grantee's application for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. The Sub-grantee shall provide a match of $104,900 of non-federal origin. Match (cost share) may be cash or in-kind. To meet matching requirements, the Sub-grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be in place to capture, track and document match. 4. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 5. Exercises that are implemented with grant funds must meet the requirements of the FFY11 EMPG Program. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. DHS-FEMA-EMPG-FFY 11 Page 7 of 27 City of Kent E12-112 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below: a. "Department' means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Sub-grantee" means the government or other eligible legal entity to which a sub- grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub-grantee and any sub-contractor retained by the Sub-grantee as permitted under the terms of this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used interchangeably in this Agreement. c. "Sub-grantee Agent' means the official representative and alternate designated or appointed by the Sub-grantee in writing and authorized to make decisions on behalf of the Sub-grantee. d. "Grantee" means the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies. f. "Investment Justification" means grant application investment justification submitted by the sub-grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. "PL" — is defined and used herein to mean the Public Law. h. "CFR" — is defined and used herein to mean the Code of Federal Regulations. i. "OMB" — is defined and used herein to mean the Office of Management and Budget. j. "WAC" — is defined and used herein to mean the Washington Administrative Code. k. "RCW" — is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term "non-federal entity" means a State, local government, or non-profit organization, and the term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. SUB-GRANTEE required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by DHS-FEMA-EMPG-FFY 11 Page 8 of 27 City of Kent E12-112 the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE- grantee has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A- 133. The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records. The SUB-GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its sub-contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUB-GRANTEE must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed costs resulting from the audit. Once the single audit has been completed, the SUB-GRANTEE must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The SUB-GRANTEE must send the audit and the letter no later than nine (9) months after the end of the SUB- GRANTEE's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective action plan for any audit findings and a copy of the management letter if one was received. If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUB-GRANTEE shall include the above audit requirements in any sub-contracts. Conducting a single or program-specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement. In the absence of a valid claim of exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. DHS-FEMA-EMPG-FFY 11 Page 9 of 27 City of Kent E12-112 A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. SUB-GRANTEE shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub- recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With respect to covered transactions, the SUB-GRANTEE may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the Excluded Parties List System (EPLS) maintained by the federal General Services Administration (GSA). The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries'"Debarred Contractor List." A.8 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUB-GRANTEE or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUB-GRANTEE who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be DHS-FEMA-EMPG-FFY 11 Page 10 of 27 City of Kent E12-112 performed in connection with the project assisted under this Grant Agreement. The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy. A.10 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.11 DISPUTES The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes arising out of or relating to this Grant Agreement through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this dispute resolution process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. A.12 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, DHS-FEMA-EMPG-FFY 11 Page 11 of 27 City of Kent E12-112 consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUB- GRANTEE, or SUB-GRANTEE's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.13 LIMITATION OFAUTHORITY—Authorized Signature The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.14 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.15 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB-GRANTEE. A.16 NONDISCRIMINATION The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be DHS-FEMA-EMPG-FFY 11 Page 12 of 27 City of Kent E12-112 denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.17 NOTICES The SUB-GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUB-GRANTEE represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so comply. A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUB- GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.20 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 PUBLICITY The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. DHS-FEMA-EMPG-FFY 11 Page 13 of 27 City of Kent E12-112 A.23 RECAPTURE PROVISION In the event the SUB-GRANTEE fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the SUB- GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.24 RECORDS a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records"). b. The SUB-GRANTEE's records related to this Grant Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUB- GRANTEE with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement. c. The records shall be made available by the SUB-GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUB-GRANTEE's normal working day. d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SUB- GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUB-GRANTEE in connection with the project. The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. DHS-FEMA-EMPG-FFY 11 Page 14 of 27 City of Kent E12-112 A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE. All sub-contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 SUB-GRANTEE NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUB-GRANTEE is another state department, state agency, state university, state college, state community college, state board, or state DHS-FEMA-EMPG-FFY 11 Page 15 of 27 City of Kent E12-112 commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUB-GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may terminate this Grant Agreement by providing written notice of such termination to the DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement Grant Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. DHS-FEMA-EMPG-FFY 11 Page 16 of 27 City of Kent E12-112 The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination notice. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUB- GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUB-GRANTEE shall: a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUB- GRANTEE under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT; DHS-FEMA-EMPG-FFY 11 Page 17 of 27 City of Kent E12-112 f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or may acquire an interest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The SUB-GRANTEE may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUB-GRANTEE is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant 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 Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. DHS-FEMA-EMPG-FFY 11 Page 18 of 27 City of Kent E12-112 Exhib �t 2011 Emergency Management Program Workplan Agency: Confederated Tribes of the Chehalis Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of emergency management: prevention; protection; response; and recovery. Washington State does not require a specific number of activities to receive EMPG funding, however, there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant Emergency Management Communications and Warning Function 1 General Plan for 2011 Calendar Year: Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This in the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan- out. Emergency Management Communications and Warning Function 2 General Plan for 2011 Calendar Year: Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. Tower and Antenna will be moved to new OEM location in 2011. Emergency Management Communications and Warning 3 Function General Plan for 2011 Calendar Year: Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan. Emergency Management Communications and Warning 4 Function General Plan for 2011 Calendar Year: Notify the state EOC immediately upon activation of Kent ECC. Provide Situation Reports (SITREPS) as needed. Emergency Management Communications and Warning Function 5 General Plan for 2011 Calendar Year: Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. DHS-FEMA-EMPG-FFY 11 Page 19 of 27 City of Kent E12-112 Emergency Management Communications and Warning 6 Function General Plan for 2011 Calendar Year: Participate in all scheduled EAS test commensurate with your EAS plan and o erational status of you LRN. Emergency Management Laws and Authorities 7 Function General Plan for 2011 Calendar Year: To be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Emergency Management Exercises 8 Function General Plan for 2011 Calendar Year: Participate in the design, conduct and evaluate at least one exercise during the performance period. Emergency Management Planning Function 9 General Plan for 2011 Calendar Year: Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP to be compliant with both the National Response Framework and the National Incident Management System (NIMS). Requirements for plan development and submission are provided in RCW38.52.070, WAC 118-09 and WAC 118-30 Emergency Management Finance and Administration 10 Function General Plan for 2011 Calendar Year: Submit for reimbursement in compliance with 11 EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230 Emergency Management Public Education and Information 11 Function General Plan for 2011 Calendar Year: Conduct public disaster/ emergency preparedness education programs for the citizens and businesses in the community and schools. Emergency Management Communications and Warning 12 Function General Plan for 2011 Calendar Year: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System 800MHz radios between the ECC and all designated Department Operating Centers DOCs Emergency Management Communications and Warning 13 Function General Plan for 2011 Calendar Year: Participate in King County Zone 3 monthly 800MHz radio test. The test is for all public and private agencies in the geographic area of South King County known as Zone 3 to test. DHS-FEMA-EMPG-FFY 11 Page 20 of 27 City of Kent E12-112 Emergency 14 Management Communications and Warning Function General Plan for 2011 Calendar Year: Participate in the King County 800MHz radio test monthly. Emergency Management =PublicEducation and Information Function 15 General Plan for 2011 Calendar Year: Conduct a minimum of 2 CERT academies. To teach the full 8 week long FEMA Course using the approved curriculum. Accommodate students from the general citizenry in Kent and Fire District 37, the business community in the greater Kent area, and employees from the City of Kent, Covington and Kent Fire Department and Kent/Covington Schools. Emergency Management Communications and Warning Function 16 General Plan for 2011 Calendar Year: Utilize the city webpage as a resource for outreach and information to the local, regional, and business communities. To work with Kent RFA Administration to create and develop a webpage for Kent Fire -RFA/ OEM. Once the Kent Fire Dept/ OEM Website is created we will also utilize the webpage for same resource. Emergency Management Public Education and Information 17 Function General Plan for 2011 Calendar Year: Set up and staff visual public display booths for large citywide events including Cornucopia Days and Covington Days. Distribute preparedness information and flyers. Emergency Management Public Education and Information 18 Function General Plan for 2011 Calendar Year: Participate in National Night Out by promoting the Kent Citizen Corps program in the Community and distributing flyers on personal preparedness. Emergency Management Public Education and Information 19 Function General Plan for 2011 Calendar Year: To hold continuing education classes for past CERT graduates. To improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to respond to support their community& first responders at time of a disaster. Emergency Management Planning Function 20 General Plan for 2011 Calendar Year: Continue participation in the King County Emergency Management Advisory Committee, the King County Local Emergency Planning Committee (LEPC), the Region 6 Homeland Security Council and the King County Citizen Corps Council. Continue implementing the Region 6 Homeland Security Strategic Plan and funding distribution plans. DHS-FEMA-EMPG-FFY 11 Page 21 of 27 City of Kent E12-112 Emergency Management Planning Function 21 General Plan for 2011 Calendar Year: Conduct City Emergency Planning Committee meetings to address all four phases of emergency management within the City of Kent and Kent Fire Dept. Members are representatives of individual departments and the meeting activities incorporate training, ECC/DOC interface, and lannin elements. Emergency Management Planning 22 Function General Plan for 2011 Calendar Year: Continue to coordinate COOP plan development for all city departments, review draft plans and assist with standardizations for essential functions and alternate DOC locations. Emergency Management Planning Y3 Function General Plan for 2011 Calendar Year: Meet with South King County geographic Zone 3 Emergency Management Directors to collaborate on common interest issues involving emergency management in Zone 3 and regional coordination with King County, Zone 1 and Zone 5. Emergency Management Planning Y4 Function General Plan for 2011 Calendar Year: Conduct Kent LEPC meetings annually to meet the requirements of EPCRA. To review and update Kent LEPC Hazardous Materials Emergency Response Plan. Emergency Management Hazard Identification Y5 Function General Plan for 2011 Calendar Year: Review the requirements for the FEMA Community Rating System including any impact analysis reports and CRS activities. Coordinate activities with Public Works to determine activities necessary and achievable to reduce insurance premiums. Emergency 26 Management Hazard Identification Function General Plan for 2011 Calendar Year: Continue to identify non-structural mitigation projects. Emergency Management Logistics and Resource Management 27 Function General Plan for 2011 Calendar Year: Continue to conduct monthly ECC in service days to test systems on a rotating basis. All systems such as electronics, displays, forms, and other material required for activation are checked and tested. Emergency Management Training 28 Function General Plan for 2011 Calendar Year: Research and send staff to available training activities, conferences, or professional development courses or meetings to enhance personnel professionalism in emergency management. DHS-FEMA-EMPG-FFY 11 Page 22 of 27 City of Kent E12-112 Emergency Management Training 29 Function General Plan for 2011 Calendar Year: Kent Communication Support Team (KCST) to hold drills on each 5th Saturday in 2011 and other trainings as needed. Emergency Management Communications and Warning 30 Function General Plan for 2011 Calendar Year: Maintain and update the reverse 911 community alert system CodeRed for Kent. Emergency Management Training 31 Function General Plan for 2011 Calendar Year: Participate in the 2011 Integrated Emergency Management Course (IEMC) from FEMA. Emergency Management Training 32 Function General Plan for 2011 Calendar Year: To deliver position specific training to staff in preparation for Participation in IEMC. DHS-FEMA-EMPG-FFY 11 Page 23 of 27 City of Kent E12-112 Exhibit D MILESTONE TIMELINE FFY11 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2010 Start of Grant Agreement performance period. June 30, 2012 End of grant performance period. August 15, 2012 Submit all final reports, requests for reimbursement and/or deliverables. DHS-FEMA-EMPG-FFY 11 Page 24 of 27 City of Kent E12-112 Exhibit E Budget Sheet FFY11 Emergency Management Performance Grant Program LOCAL EMERGENCY MANAGEMENT BUDGET SUMMARY Category 2011 Local Funds Budget* Salaries and Benefits $483,055 Travel and Lodging $2,250 Tools and Equipment $3,644 Uniforms $2,140 Overtime $20,000 CERT $24,680 Office Supplies $5,200 Food / Per Diem $1,950 Property Lease $3,860 Training / Registration $2,055 Radios —Valley Com $21,700 Memberships $525 Professional Services $7,000 Textbooks, Manuals, Books $1,000 EM Furnishings $500 Total All Program Costs $579,559 FFY11 EMPG Award $104,900 The City of Kent award is $104,900. This is based on the FFY10 allocation factor of 18.1% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 5% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 713PT— EMPG DHS-FEMA-EMPG-FFY 11 Page 25 of 27 City of Kent E12-112 ATTACHMENT#1 ADDITIONAL AGREEMENT PROVISIONS for Compliance With the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) A. This contract(subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD or by the Federal Contractor Registry (CCR). CCR is a government wide registration system for organizations that do business with the Federal Government. CCR stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, www.ccr.gov. WMD encourages CCR registration and annual renewal by your organization to minimize unnecessary data entry and re- entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: DHS-FEMA-EMPG-FFY 11 Page 26 of 27 City of Kent E12-112 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below: Officer 1 Name Officer 1 Total Compensation amount Officer 2 Name Officer 2 Total Compensation amount Officer 3 Name Officer 3 Total Compensation amount Officer 4 Name Officer 4 Total Compensation amount Officer 5 Name Officer 5 Total Compensation amount If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: 1-12-2011 Final DHS-FEMA-EMPG-FFY 11 Page 27 of 27 City of Kent E12-112 Washington Military Department Contract Number: Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME nn Doing business as(DBA) — l.�t� ADDRESS Applicable Procurement WA Unlfomf Business Federal Employer Tax goo q T,-t , VC S or Solicitation#,if any: identifier(UBI) Identification#: t ti fA 01 ROe> This certification Is submitted as part of a request to contract '.. Instructions For Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate In certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into, if it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out In the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. & Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract,that neither It nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: Washington Military Department Contract Number: FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is'Debarment,Suspension, Inellalbility,and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12649? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations(CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word"proposal"mean when referred to In this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a"lower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep It with your subcontract. What Is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. I SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before com r)leflng this form. NAME OF ORGANIZATION DATE SUBMITTED tf� U �u& 1E E Man preni PROJECT DESCRIPTION CONTRACT NUMBER f 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE S(A 2elt e 0- 0V 1 t� St J1 i neA d e r FCC C)h 1 e 'r 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE tom;o'lc, Hoazano Livisio ic:P E , M. \\NAC-1XV01-1 1KAREN8I....IWPISIG TH Revised 5100 '.. INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MD), Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority, It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: September 20, 2011 SUBJECT: Corrections Facility Ordinance — Adopt MOTION: Adopt Ordinance No. , amending Chapter 9.34 of the Kent City Code entitled "Corrections Facility," authorizing alternatives to incarceration of convicted misdemeanants. SUMMARY: The Kent Corrections Facility houses inmates convicted of misdemeanor crimes committed in Kent. In addition to requiring inmates to serve their sentences inside the jail facility, the Kent Corrections Facility has developed a number of successful programs that are alternatives or enhancements to traditional incarceration. In June of 2009, the City Council codified the various programs offered by the Kent Corrections Facility in Chapter 9.34 of the Kent City Code. Chapter 9.34 of the Kent City Code is now in need of amendments that will better define various terms used throughout the chapter, clarify that the policies relating to the programs are established by the Kent Corrections staff, provide that participation in programs is subject to the discretion of Corrections staff, expands the work that can be performed by the work program, and more accurately describes the additional work credit days that an inmate can earn by serving on a work program EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee 9/13/11 BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.34 of the Kent City Code, entitled "Corrections Facility," authorizing alternatives to incarceration of convicted misdemeanants. RECITALS A. The Kent Corrections Facility houses inmates convicted of misdemeanor crimes committed in Kent. In addition to requiring inmates to serve their sentences inside the jail facility, the Kent Corrections Facility has developed a number of successful programs that are alternatives, or enhancements, to traditional incarceration. B. In June of 2009, the City Council codified the various programs offered by the Kent Corrections Facility in Chapter 9.34 of the Kent City Code. C. Chapter 9.34 of the Kent City Code is now in need of amendments that will better define various terms used throughout the chapter, clarify that the policies relating to the programs are established by the Kent Corrections staff, provide that participation in programs is subject to the discretion of Corrections staff, expand the work that can be performed by the work program, and more accurately describe the 1 Amend KCC 9.34 Corrections Facility additional work credit days that an inmate can earn by serving on a work program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 9.34 of the Kent City Code is amended as follows: Sec. 9.34.010. Definitions. The following words, terms, and phrases shall have the following meanings: A. Confinement shall mean confinement within the corrections facility, or participation in a corrections facility program. B. Corrections facility shall mean the city of Kent corrections facility. C. Corrections staff shall mean employees of the corrections facility. D. Day of work shall mean a work day pursuant to a work program. EeffeEtiens fadlity pe"Ey, but on ne Ease shall be less than sox (6) heUFS e leave. The length of a day of work shall be determined by corrections staff. 2 Amend KCC 9.34 Corrections Facility E. Inmate shall mean any defendant sentenced by the Kent municipal court or another court to serve a period of confinement in the corrections facility. F. The terms jail, imprisonment, or commitment, as those terms are used in a sentencing order of the court, shall mean confinement. G. Program shall mean electronic home detention or monitoring, work erewprograms, work release, , or other corrections facility programs as authorized by statute, eit�—ordinance or corrections facility policy. A program may be non-supervised, partially supervised, or supervised. H. Qualifying inmate shall mean an inmate who meets the conditions of participation in a corrections facility program as such conditions are set forth in the corrections facility policies and procedures applicable to such program. Sec. 9.34.020. Programs — Policies and procedures. The corrections facility shall establish policies and procedures for the implementation of the various programs set forth in this chapter. The paFtidpate on the PFOgFang. G. The safety of the publiE, inngates, and EOFFeEtiens staff-. 3 Amend KCC 9.34 Corrections Facility G. The MEluding but net 'ingited te the less ef geed tinge Sec. 9.34.030. Corrections facility programs as privilege — No right to participate — Participation may be required. A. Participation in programs shall be considered a privilege, participation shall be subiect to the discretion of the corrections staff, and the inmate shall have no right to participate in such programs. There shall 4 Amend KCC 9.34 Corrections Facility be no guarantee to any inmate that he or she will be permitted to participate in any program even after a date for participation is established. In the event an inmate is accepted in, or ordered to participate in, a program, and thereafter the program is not available, the inmate may be permitted to participate in another program for which he or she is eligible, subject to availability and at the sole discretion of corrections staff. B. Participation shall be conditioned upon the inmate meeting the qualifications of suEhthe program, and complying with applicable policies and procedures for suEhthe program. C. The corrections facility may, at its discretion, require an inmate to participate in a corrections facility program against his or her will. Sec. 9.34.040. Costs of programs. The city may, pursuant to resolution or through a budget ordinance, set various fees which may be required as a condition of participating in a program; provided, the corrections facility may waive the fees or require the inmate to participate on a work program in lieu of payment in order to manage the correction facility's population, or in order to make such programs available to the indigent. Sec. 9.34.050. Good time credit — Work credit day to jail day ratio. A. Except as provided in subsection (B) of this section, an inmate may receive good time credit for good behavior in an amount not to exceed one-third (1/3) of the confinement ordered by the court; provided, such good time credit may be taken away from the inmate pursuant to corrections facility policies and procedures. 5 Amend KCC 9.34 Corrections Facility B. Any inmate who performs work on a corrections facility work Brew; program, shall receive credit for threetwo {3}days of confinement ordered by the court for every & three {}days of work performed,; _ Partial credit for periods of less than one { }day may be given where the inability to complete the full day of work is not the fault of the inmate, and the inmate has otherwise complied with the program policies. Sec. 9.34.060. Electronic home detention. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement in a qualifying residence, subject to an acceptable system of electronic surveillance. Sec. 9.34.070. Work release. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work release program. Inmates participating in the work release program may, pursuant to applicable policies or procedures, spend a portion of a twenty - €eUF (24) hour period away from the corrections facility while performing work #e-rat the inmate's qualifying place of employment. _The inmate shall spend the-nonworking hours at the corrections facility; provided, the inmate may, at the discretion of the corrections staff, be allowed to attend approved school, treatment, AA/NA meetings, or appointments. 6 Amend KCC 9.34 Corrections Facility , to }lam the Ee UTT shall, Sec. 9-34.1:009.34.080. Work erewproarams in general — Types of work performed — Limitations. A. In general. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion of corrections 7 Amend KCC 9.34 Corrections Facility staff and subject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work :program. fadlity at en site eF eff site leEatiens. The inngate shall spend the There shall be two types of work programs as follows: 1. In-Custody Work Program. An inmate who serves on an in- custody work program shall spend non-working hours confined at the corrections facility. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, partially supervised, or not supervised. While confined at the corrections facility, the inmate may, at the discretion of the corrections staff, be allowed to attend local court dates or appointments. 2. Out-of-Custody Work Program. An inmate who serves on an out-of-custody work program shall spend non-working hours at a location other than the corrections facility, and as approved by corrections staff. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, partially supervised, or not supervised. B. Types of work performed. A work crew program may be utilized to perform the following types of work: 8 Amend KCC 9.34 Corrections Facility 1. Garbage, litter, debris, and junk removal from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 2. Removal and maintenance of invasive and undesirable vegetation and leaves from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 3. Removal of snow, sand, dirt, and debris from municipal, state, and federal property, including but not limited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 4. Graffiti removal and repair on state, federal, and municipal property. 5. General maintenance and repair of municipal, state, and federal property. 6. Janitorial and landscape services at municipal, state, and federal property. 7. Any other work as approved by the corrections facility. C. Performance of work for other public agencies. The work erewprogram may perform work at the request of other public agencies. The corrections facility may, at its discretion, require the public agency to pay a fee for the utilization of the work erewtprogram. 9 Amend KCC 9.34 Corrections Facility D. Performance of work for private parties or nonprofit agencies. The work erewprogram may perform the types of work described in subsection (B) above for that n9OFe than benefitsprivate parties or nonprofit agencies on the condition that the private party or nonprofit agency reimburses the city ef Kent for the costs of providing the work erewprogram and the private party or nonprofit agency assumes all risk and liability exposure of having the work eFewprogram perform the work; provided, that at the discretion of corrections staff, reimbursement may not be required when the work performed primarily benefits the poor and infirm. E. Performance of bargaining unit work. The city of Kent will not utilize a work eFewprogram to perform work that is within the body of work of a recognized city of Kent union, without the prior agreement of ethe city of Kent union that owns the body of work. Sec. 9.34.110. Inmate responsible for portion of medical care costs. A. Payment responsibility. Each inmate confined in the corrections facility shall be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confinement in the corrections facility. B. Medical care costs. Each inmate confined in the corrections facility shall be financially responsible for payment of fifteen dollars ($15) each time he or she is provided medical care; provided, that a portion of this fee may be waived in the event medical staff determines the inmate has a chronic condition that requires treatment at regular and frequent intervals, or an inmate was provided medical care more than one (1) time during any one (1) day for the same condition. In addition, each inmate shall pay 10 Amend KCC 9.34 Corrections Facility ten dollars ($10) for each course of prescription medication that is prescribed to the inmate. In the event an inmate requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the city for such transport. C. Notification. An inmate shall be notified that in the event he or she is provided medical care while confined in the corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. The inmate shall also be notified that by receiving medical care, he or she agrees that the costs set forth in this section may be collected by the court, and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seizing the inmate's currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means. D. Proof of care. In the event the city chooses to utilize the Kent municipal court to collect medical care costs, the city shall submit to the court a document that identifies the inmate's name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the city. E. Forfeiture of inmate property. At the discretion of the corrections facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the possession of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care; provided, that prior to forfeiture, the corrections staff shall provide the inmate with an opportunity to a hearing to contest the forfeiture of the currency. 11 Amend KCC 9.34 Corrections Facility F. Appeal. An inmate may appeal the assessment of medical care costs; provided, the quality of medical care, the manner in which the medical provider administers medical care, and the timing of medical care shall not be subject to appeal. In the event the inmate wishes to appeal the assessment of medical care costs, he or she must provide written notice to the corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment of costs. In the event the court has been utilized to recover such costs, the inmate's written notice shall be delivered to the court, and the court shall set a hearing to permit the inmate to contest the assessed medical care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its administrative appeal process, set an administrative appeal. At any appeal hearing, the inmate shall bear the burden of proving, by a preponderance of the evidence, that he or she is not responsible for the costs. G. No denial of medical care. Under no condition shall medical care be denied or delayed due to an inmate's inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the city from taking steps to collect medical care costs after care is provided. SECTION 2, — Severability. If any one or more section, subsection, or sentence of this ordinance is 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 12 Amend KCC 9.34 Corrections Facility correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of 2011. PUBLISHED: day of 2011. 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\Corrections Facility 9.34 Amend ment Fna l.docx 13 Amend KCC 9.34 Corrections Facility KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: September 20, 2011 SUBJECT: Drug Free Communities Grant — Accept MOTION: Accept the Drug Free Communities Support Program grant in the amount of $53,492, and amend the budget and authorize expenditure of the funds in accordance with the grant terms. SUMMARY: The Kent Police Department has received notification of continuation funding from the U.S. Department of Health and Human Services Substance Abuse Mental Health Services (SAMHSA) Drug Free Communities Support Program. The grant funds will be used to support the Kent Drug Free Communities Coalition. The award amount for the third year of the five year project is $53,492. The grant period runs from 9/30/11 through 9/29/12. EXHIBITS: Grant Award notification RECOMMENDED BY: Public Safety Committee 9/13/11 BUDGET IMPACTS: The City's required match will be comprised of a time percentage of salaries and benefits for current employees participating in the program, volunteer time at events and in-kind donations. N O N O m ro c 01 4 4 4 4 4 6 4 6 6 6 4 4 6 4 •p N 5 5 5 5 3 3 3 3 3 3 3 3 3 3 3 3 3 3 V �} o C � n m e n m ° m v �• m m v > $ m °1 � v v c a o c v c• o v i o v r E ° m o v s w o c o c d o v E 0 bD .v. n w - c U LL Q Z Z n z w o a o o J z 5 u g x > N O o z Y w w oz z z LL ? W V N oo m > z z z o o a a a o Y N � 3 O OO O o 0 0 0 0 0 0 0 0 o O o 0 0 o O O EI o 0 0 0 0 0 0 0 0 0 0 o d. m o 0 o n Q �... N ,N-1 •Ni ON e/Ji 'N-1 N N ti •N-i •N-1 •N-1 � .N-1 •�-1 ti N h O a, 4 4 4 4 4 R 4 R R 4 R 4 4 4 4 •a �''. � m � g a n � v m n � a 4O � � e a � VI VI VI N V1 VI VI y � PM1ESIpFNtµ EXECUTIVE OFFICE OF THE PRESIDENT ��it; OFFICE OF NATIONAL DRUG CONTROL POLICY r'" <,;'S °j3x�,s3�tl' Washington, DC 20503 FOR IMMEDIATE RELEASE: Contact: ONDCP Public Affairs Monday, August 29th, 2011 Medialnquiry@ondcp.eop.gov 202-395-6618 White House Drug Policy Office Awards More Than $88 Million to Local Communities to Prevent Youth Substance Use (Washington, D.C.) —Gil Kerlikowske, Director of National Drug Control Policy (ONDCP), today announced $12.3 million in new Drug Free Communities Support Program (DFC) grants to 87 communities and 20 new DFC Mentoring grants across the country. The awards announced today are in addition to the nearly $76 million in Continuation grants simultaneously released to 607 currently funded DFC coalitions and twelve DFC Mentoring Continuation coalitions. These grants provide community coalitions needed support to prevent and reduce youth substance use. "The most powerful tool we have to address our Nation's drug problem is preventing it before it even begins," said Director Kerlikowske. "Research shows that every dollar invested in drug education and prevention programs saves up to ten dollars in costs related to treatment for substance use. President Obama understands how the hard work of local community leaders, youth, parents, educators, healthcare professionals, faith-based leaders, law enforcement officials, and others can strengthen communities and save kids' lives." "The Drug-Free Communities Support Program is one of the key elements in our nation's efforts to prevent and reduce substance abuse," said Pamela S. Hyde, Administrator of the Substance Abuse and Mental Health Services Administration. "It is effective in large part because it focuses on community-based approaches to promoting safe and healthy environments where families can raise children free from the dangers and destruction of substance abuse." The 2011 competition showed a dramatic increase in coalitions serving urban areas (74% of new competing awards) and the program reflects a near balance in urban/rural grants with 43% of total grants serving urban populations and 47% serving rural. For 2011, 56 grants report serving Native American/American Indian populations, representing eight percent of the total DFC awards. The Drug Free Communities program is directed by the White House Office of National Drug Control Policy, in partnership with the Substance Abuse and Mental Health Services Administration (SAMHSA). The DFC program provides grants of up to $625,000 over five years to community coalitions that facilitate youth and adult participation at the community level in local youth drug prevention efforts, including prescription drug diversion and prevention initiatives, as well as underage drinking prevention programs. Coalitions are comprised of community leaders, parents, youth, teachers, religious and fraternal organizations, health care and business professionals, law enforcement, and the media. Data show that communities receiving DFC funding have seen significant reductions in past 30-day use of alcohol, tobacco, and marijuana among middle and high school students. The 87 new grantees were selected from 452 applicants through a competitive, peer-reviewed process. To qualify for these matching grants, all awardees must have at least a six-month history of working together on youth substance use reduction initiatives, have representation from 12 required sectors of the community, develop a long-term plan to reduce youth substance use, and participate in the National Evaluation of the DFC program. The DFC program was created by the Drug Free Communities Act of 1997, and was reauthorized by Congress in 2001 and 2006. Since 1998, ONDCP has awarded nearly 2,000 Drug Free Communities grants to local communities in all 50 states, the District of Columbia, Puerto Rico, Guam, Palau, American Samoa, the U.S. Virgin Islands and the Federated States of Micronesia. Overall drug use in the United States has dropped substantially over the past thirty years. To build on this progress and support a public health approach to drug control outlined in the Strategy, the Obama Administration has committed over $10 billion drug prevention programs and support for expanding access to drug treatment for addicts. More information about the Drug Free Communities Support Program is available at: www.whitehouse.gov/ondcp The Office of National Drug Control Policy seeks to foster healthy individuals and safe communities by effectively leading the Nation's effort to reduce drug use and its consequences. w," Agenda Item: Consent Calendar - 7H TO: City Council DATE: September 20, 2011 SUBJECT: 2011 Justice Assistance Grant - Accept MOTION: Accept the FY2011 Edward Byrne Memorial Grant in the amount of $66,460 and establish the budget and approve expenditure of the funds in accordance with the grant terms. SUMMARY: The Kent Police Department has received notification of an award for the full allocation amount as submitted in our application. The grant will provide funds for Law Enforcement and Corrections equipment for the Department. EXHIBITS: Award notification RECOMMENDED BY: Public Safety Committee 9/13/11 BUDGET IMPACTS: None r Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs FYashingmn,D.C. 20531 August 16, 2011 Chief Kenneth Thomas City of Kent 220 South 4th Avenue Kent,WA 98032-5895 Dear Chief Thomas: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Local Solicitation in the amount of$66,460 for City of Kent. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions,Jefffrey S.Felten-Green, Program Manager at (202) 514-8874; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Department of Justice nn Py, Office of Justice Programs Office for Civil Rights Mashingmn,U.C. 20531 August 16, 2011 Chief Kenneth Thomas City of Kent 220 South 4th Avenue Kent,WA 98032-5895 Dear Chief Thomas: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws.The Office for Civil Rights (OCR), Office of Justice Programs (OJP),U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OV W),and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation,Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them.The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.ttsdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination.Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. §3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. §42.301-.308,and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website athttp://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between$25,000 and$500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have to submit the EEOP to OCR for review. Instead,your organization has to maintain the EEOP on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than$25,000;or if your organization has less than 50 employees, regardless of the amount of the award;or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However,your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion,national origin, or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination,and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ,,� Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 6 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2011-DJ-BX-2655 City of Kent 220 South 4th Avenue 5.PROJECT PERIOD:FROM 10/01/2010 TO 09/30/2014 Kent,WA 98032-5895 BUDGET PERIOD:FROM 10/01/2010 TO 09/30/2014 6.AWARD DATE 08/16/2011 7.ACTION IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 916001265 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $66,460 Law Enforcement and Co¢ecnons Equipment Grant IL TOTAL AWARD $66,460 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYII(BJA-JAG)42 USC 3750,et seq. 15.METHOD OF PAYMENT GPRS AGENCYAPPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnett Kenneth Thomas Director Chief of Potice 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21, KDJUGTO529 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 66460 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. ✓°''"" "'+ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2655 AWARD DATE 08/16/2011 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse, or misconduct should be reported to the OIG by- mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high riskgrantee. Cf. 28 C.F.R. parts 66, 70. ✓°''"" "'+ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2655 AWARD DATE 08/16/2011 SPECIAL CONDITIONS 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first tiersubrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first tiersubawards of$25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). 11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition,visit http://www.niem.gov/implementationguide.php. ✓°''"" "'+ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2655 AWARD DATE 08/16/2011 SPECIAL CONDITIONS 14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee,a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23,Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may,at its discretion, perform audits of the system,as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. ✓°''"" "'+ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2655 AWARD DATE 08/16/2011 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations" (the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal—fbo.htm. 18. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 21. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would,in the absence of Federal funds, be made available for law enforcement activities. 22. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. ✓°''"" "'+ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 6 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2655 AWARD DATE 08/16/2011 SPECIAL CONDITIONS 25. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,will complete required online (internet6based) task force training.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement.This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Department of Justice Office of Justice Programs Bureau ofdustice Assistance FPashingmn,U.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Kent The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of justice Programs _. PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2011-DJ-BX-2655 This project is supported under FY11(BJA-JAG)42 USC 3750,et seq. 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) jefffcey S.Fetten-Green Debra LeRoy (202)514-8874 R&D Analyst 220 4th Avenue S Kent,WA 98032-5895 (253)856-5856 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS FY 2011 Justice Assistance Grant Program ON REVERSE) 4.TITLE OF PROJECT Law Enforcement and Corrections Equipment Grant 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Kent 220 South 4th Avenue Kent,WA 98032-5895 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2014 FROM: 10/01/2010 TO: 09/30/2014 9.AMOUNT OF AWARD 10.DATE OF AWARD $66,460 08/16/2011 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for ctiminal justice,including for any one or more of the following purpose areas: 1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs; and 7)crime victim and witness programs(other than compensation). Kent County will utilize its Fiscal Year 2011 JAG funds to purchase security cameras for the neighborhood police substation.Additional funds will be used to purchase security camera upgrades for the local correctional facility.NCA/NCF OJP FORM 4000/2(REV.4-88) Kent Police Department Law Enforcement and Corrections Equipment Project Program Narrative Type ofprograms to be funded Law Enforcement equipment for officer safety: The Kent Police Department will equip each police patrol vehicle with rifle rated ballistic plates and carriers to provide officers with ready access to this essential equipment when they respond to incidents where suspects are armed with rifles. This will improve officers' ability to respond to these volatile incidents effectively and protect public safety. A substation has been established in the Panther Lake Annexation area. This substation needs security cameras to protect the safety of officers and any visitors using it. Corrections equipment: This grant funding will support an overall upgrade of the jail security camera system. This will improve safety and security for police department staff,jail contractors,visitors and offenders. Needfor the programs The City of Kent is located in King County, Washington. The estimated King County population in 2010 was 1.9 million. (Puget Sound Regional Council, 2010) Kent is the sixth largest city in Washington and largest city in South King County. Located midway between Seattle and Tacoma, Kent is located along the Interstate 5 corridor. Kent encompasses 29 square miles with an estimated population of 117,000 in 2010. Kent's crime rate per 1,000 dropped by 18%for crime index offenses from 2008 through 2009. (WASPC, 2010) The number of reported crimes in almost every Part I crime category increased from 2009-2010. This can be attributed to the annexation of the Panther Lake area with an estimated population of 25,000 that was effective on July 1, 2010. Robberies, burglaries, thefts and vehicle thefts increased considerably in the last half of 2010. Several critical incidents occurred in the past few years where an individual was armed with a rifle, placing the responding officers and the public in danger. These incidents included mentally unstable individuals moving around through the city,within their neighborhood, barricading themselves in buildings and holding others hostage within buildings. While these types of incidents often result in calling out SWAT, the first responding officer still needs protection against rifle shots. Law Enforcement equipment: Ballistic plates and carriers for patrol fleet Funding for equipment replacement and especially new equipment is limited in the City of Kent. Our department just depleted the Second Chance vest settlement funding. The mass regular ballistic vest replacement need created by the failure of Second Chance Zylon vests created a situation where the majority of our police force needs replacement vests at the same time. We have been staggering these replacements over the past couple of years. The limits on BVP vest reimbursement allocations per agency in recent years have limited our department's ability to maintain our vest replacement schedule for police officers while outfitting new hires. Our BVP allocation will not cover the need for equipping the police patrol vehicle fleet with the rifle certified ballistic plates and carriers budgeted in this grant project. The following are summaries of three incidents occurring in 2010 and 2011 requiring that first responders are equipped with rifle certified ballistic plates for protection. 2010: Officers prepared for stop of a vehicle occupied by known gang members, most likely armed. Kent PD had PC to arrest one for an Assault 1 with firearm earlier that day. Officers armed themselves with AR-15 rifles anticipating a high risk stop. Once the gangsters' vehicle was moving, officers pull in behind them. The vehicle accelerated at high speed. A Pursuit Intervention Technique (PIT) of the suspect vehicle was attempted. Due to the fleeing vehicle's excessive speed, the police vehicle crashed head on into a rock barrier, trapping the two officers in the Patrol car. Other officers quickly stop around the crashed patrol car and set up a security perimeter, as they feared that the armed suspect may appear and shoot down into the officers trapped in their crashed vehicle. The suspect fled the crash scene on foot, leaving a high powered handgun behind in his crashed car. 2011: Officers responded to sounds of gunshots in a residential neighborhood. Officers encountered an adult male in underwear carrying an AK-47 style assault rifle. The officer closest to suspect, armed with his handgun, confronts and demands suspect drop the gun. Suspect refuses, and begins to pull AK-47 up and pointed at first officer,when second officer, coming from different direction, shoots suspect with AR- 15. 2011: Officers responded to a report of suspect with a rifle in his lap, in a taxi, at the Transit Center. Due to the nature of this incident, officers armed themselves with AR-15's prior to exiting their patrol cars. The first officer confronted the suspect as other officers pull in to back him up. The suspect, intent on committing suicide by cop, pulls sawed off shotgun from his pant leg, and points it at the first officer, when a second officer shoots the suspect once, killing him. These incidents demonstrate how time sensitive it is for the first responding officer to have ready access to rifle rated ballistic plates and carriers when they are called to incidents reported as the suspect carrying a rifle. Officers need the proper equipment to respond to these incidents effectively and protect the surrounding individuals in their homes, businesses or schools. Substation security cameras The new substation in the Panther Lake annexation area will provide a location for officers to write reports and meet with citizens. Allowing officers to complete crime reports in the Panther Lake area helps Kent Police Department Law Enforcement and Corrections Project Page 2 ensure timely response to crime incidents in that area. This area is at least 6-7 miles from the police headquarters usually used by officers to complete their reports. This office space requires security cameras to protect the officers, as well as any citizens meeting with officers there. Corrections Equipment: Security camera system upgrade The City of Kent Corrections Facility (CKCF) is one of the largest municipaljail in the State of Washington,with 120 beds. Bookings from 2009 through 2010 decreased from 4,721 to 4,013. The average length of stay increase from 10.14 to 13.11 days contributed to the increase in average dailyjail population from 129 to 142 over the same time period. The average daily population includes offenders supervised on programs such as work release,work crew, and electronic home detention. The KPD began upgrading the security camera system in 2011 and will complete this upgrade with funding through this grant award. Ensuring that the entire system is operating will protect the safety of corrections officers, other police staff,jail contractors, visitors and offenders. Coordination efforts with JAG and other justice funds The FY 2011 JAG funding will be coordinated with existing city and grant justice funds. The Kent Police Department applies each year for Bulletproof Vest Program funding. This limited funding barely covers 50% reimbursement for new hire vests and does not cover our current scheduled vest replacements. We will continue to coordinate new hire vest purchases and vest replacements with the limited local and BVP funding streams. Local funding is providing furniture and computer equipment for the new Panther Lake substation. The security camera system upgrade for thejail is supplemented by the FY 2010 JAG grant award. References Puget Sound Regional Council. Seattle,WA. http://www.psrc.org. Washington Association of Sheriffs and Police Chiefs. Crime In Washington 2010 Annual Report. Olympia, WA. http://www.waspc.org. Kent Police Department Law Enforcement and Corrections Project Page 3 Kent Police Department Law Enforcement and Corrections Equipment Project Cost A.Personnel Salaries Computation $0 Personnel Salaries Total $0 B.Fringe Benefits Computation Cost $0 Benefits Total $0 Total Personnel&Fringe Benefits $0 C.Travel Purpose of Travel Location Item Computation Cost $0 Total $0 D.Equipment Item Computation Cost Securitycameras system upgradeforjail $19,155/upgrade x l upgrade $19,155 Total $19,155 Partial funding for a major upgrade of the security cameras system at the City of Kent Corrections Facility is budgeted to ensure the safety of corrections staff,contractors,volunteers,visitors and offenders. The scope of this upgrade includes: Replace dome type cameras in lobby,facing housing pods, kitchen and booking.Add 2 cameras in Kitchen food storage and food prep areas and program into touch screen system.Add 3 dome cameras in holding cells in booking area.Add a video quad unit to system. Includes all programming, installation and testing. E.Supplies Computation Cost Ballistic plates and carriers for patrol vehicles $903/vehicle x 51 vehicles $46,055 Security cameras for substation $625/camera x 2 cameras 1,250 Total $47,305 Several crime incidents in recent years require that patrol officers have easy access to ballistic protection from suspects with rifles.This funding equips each police vehicle with front and back plates and carriers.Ceramic plates were selected due to increased protection from splatter effects.Security cameras are required for a substation recently established in the Panther Lake annexation area to provide a place for officers to write reports and meet with citizens regarding criminal investigations. F.Construction(N/A) Computation Cost $0 Total $0 G.Consultants/Contracts Computation Cost $0 Total $0 H.Other $0 Description Computation Cost $0 Total $0 Total federal request $66,460 Kent Police Department Law Enforcement and Corrections Equipment Grant Budget Summary Budget Category Amount A. Personnel $0 B. Fringe Benefits $0 C.Travel $0 D. Equipment $19,155 E.Supplies $47,305 F.Construction $0 G.Consultants/Contracts $0 H.Other $0 Total Direct Costs $66,460 I. Indirect Costs $0 Total Project Costs $66,460 Federal Request $66,460 Non-Federal Amount 0 KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: September 20, 2011 SUBJECT: Washington Traffic Safety Commission Grant Memo of Understanding - Accept MOTION: Authorize the Kent Police Department to accept a grant from the Washington Traffic Safety Commission in the amount of $16,237.50 to fund Target Zero Teams Task Force, amend the budget, authorize the expenditure of the funds in accordance with the grant terms, and authorize the Mayor to sign the Memorandum of Understanding. SUMMARY: The Kent Police Department has received notification of funds in the amount of $16,237.50 for the Kent/South King County Target Zero Teams Task Force. The grant will fund officer overtime during specified Target Zero DUI emphasis dates, as well as overtime reimbursement for the Law Enforcement Liaison and for the Target Zero Manager. The Target Zero Manager is a Public Education Specialist for the Kent Police Department. This grant begins on October 1, 2011 and ends June 30, 2012. EXHIBITS: WTSC Memorandum of Understanding RECOMMENDED BY: Public Safety Committee 9/13/11 BUDGET IMPACTS: No City matching funds required. Funding is on a reimbursement basis. axis YJ�`t yea^.vv. MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION Target Zero Teams North and South King County Target Zero Task Forces Law Enforcement, Law Enforcement Liaison, & Target Zero Manager THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Kent Police Department and the Washington Traffic Safety Commission (WTSC). TERM: October 1, 2011 to June 30, 2012 AMOUNT: NOT TO EXCEED $16,237.50 CFDA # 20.600 IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King County Law Enforcement Agencies to participate in the Target Zero Teams project. GOAL: to reduce the number of people killed or seriously injured by impaired drivers in King County through aggressive, multi-jurisdictional, high-visibility patrols using an integrated systems approach to traffic safety which is evidenced-based and targets the locations where the most safety benefit can be realized. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at times and locations where data indicates that the most safety benefit can be realized as determined by the King County Target Zero Task Forces. 2. CONDITIONS: The Kent Police Department will deploy highly skilled officers in coordination with other King County Law Enforcement agencies, the King County Target Zero Task Forces, and the WSP District 2 Target Zero Team to generate the highest amount of deterrence possible. The Kent Police Department certifies that all of the officers that participate in DUI emphasis patrols under the terms of this agreement are SFST trained. Officers participating on the Target Zero Teams project Created: August 2011 TZT KING LE/LELTZM MOU FFY 2012 Pagel of 4 must be proficient in conducting standard field sobriety tests. SFST training is required as follows: • Officers who received SFST training prior to 2008 will need to pass SFST refresher training before participating on these patrols. • Officer who received SFST training in 2008 or later will need to take the SFST refresher training when their BAC re-certification is due to stay current and be qualified to work these patrols. (BAC re-certification and SFST refresher training are required every three years.) • The 16-hour Advanced Roadside Impaired Driving Enforcement (ARIDE) course is recommended for officers participating in Target Zero Team patrols. 3. PAYMENT FOR LAW ENFORCEMENT: The Kent Police Department will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols not to exceed officer overtime of $10,837.50 total for the fiscal year. The Kent Police Department will also provide the King County Target Zero Task Force Law Enforcement Liaison (LEL) on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed, to review data, plan operations, and coordinate emphasis patrols not to exceed LEL overtime of $3,375.00 total for the fiscal year. The Kent Police Department will also provide the South King County Target Zero Manager (TZM) on an overtime basis (not to exceed 1.5 times their normal salary and benefits) as needed for the management of the Target Zero Teams project not to exceed TZM overtime of $2,025.00 total for the fiscal year. Overtime for court appearances that result from a law enforcement officer making a DUI arrest while on Target Zero Teams patrol will be considered for reimbursement with approval from the Target Zero Manager or her designee. 4. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing the Kent Police Department has received prior approval from the Target Zero Manager. 5. GRANT AMOUNT: WTSC will reimburse the Kent Police Department for overtime salary and benefits. Your agency is allotted $16,237.50 for the cost of this project. This allocation may be increased by your Target Zero Manager during the above campaign(s), without amending this agreement Created: August 2011 TZT KING LE/LELTZM MOU FFY 2012 Page 2 of 4 PROVIDED THAT the increase in the allocation does not exceed 50% of the original amount. Any increase in allocation exceeding 50% will require an amendment to this document. 6. PERFORMANCE STANDARDS: a. All participating law enforcement officers are required to have 3 self-initiated contacts per hour of enforcement, or show DUI arrests. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19-1A Form). • The Kent Police Department identified as the "Claimant'; • A Federal Tax ID #; and, • Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents). c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or more self-initiated contacts per hour and/or DUI arrests for reimbursement for any patrol overtime reimbursement. 10. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases conducted prior to June 30 must be received by WTSC no later than August 15, 2012. Monthly billing is preferred. 11. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from the Kent Police Department, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 12. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 13. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. Created: August 2011 TZT KING LE/LELTZM MOU FFY 2012 Page 3 of 4 IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. Kent Police Department Agency Washington Traffic Safety Commission Contracting Agent (Print) Date Signature Date Agency address (for mailing fully executed MOU): 220 4th Ave. S. Kent, WA 98032 Agency PIO contact: Lt. Pat Lowery W: 253-856-5833 Please return two signed MOUs to your Target Zero Manager. Cesi Velez Target Zero Manager 220 4th Ave. S. Address Kent, WA 98032 City/State/Zip 253-856-5884 cvelez(abkentWA.gov Phone/E-mail Target Zero Manager will return to: Shelly Baldwin, WTSC Impaired Driving Program Manager 621 - 8th Avenue SW, Suite 409, PO Box 40944 Olympia, WA 98504-0944 360.725.9889 sbaldwin@wtsc.wa.gov Created: August 2011 TZT KING LE/LELTZM MOU FFY 2012 Page 4 of 4 KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: September 20, 2011 SUBJECT: Kent Kangley Pedestrian Safety Grant — Accept MOTION: Accept the 2011-2013 Washington State Department of Transportation Pedestrian and Bicycle Safety Grant in the amount of $416,200, amend the budget, authorize expenditure of the funds in accordance with the grant terms, and authorize the Mayor to sign all necessary grant documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department was successful in obtaining a $416,200 grant from the Washington State Department of Transportation. The 2011- 2013 Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Safety Grant Call for Projects was received by the City of Kent in January of 2010. Only agencies that were invited to participate were allowed to apply for these grants. WSDOT identified state highways with higher than average accident rates and invited partner agencies to review accident reports then propose steps that might reduce future collisions. The proposals were required to include education, enforcement and engineering components. The area in Kent identified by WSDOT was the stretch of Kent-Kangley (State Route 516) between 104th Avenue SE and 124th Avenue SE. EXHIBITS: Notification Letter RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This WSDOT grant is in the amount of $416,200 with no requirement for local matching funds. EWWashington,State Transportation auililing Department of Transportation 310 Maple Park Aveme S.E. Paula J. Hammond, P.E. RO.Box 47300 Secretary of Transportation Olympia,WA 98504.7300 May 16, 2011 380•705.70o vnvw.wsdot.w Mr. Tim LaPorte Public Works Director ° f� City of Kent 220 Fourth Avenue South ;Lb ' Kent,WA 98032-5838 2011 Pedestrian&Bicycle Safety Program State Funding Dear Mr.LaP r e. WSDOT is pleased to advise you that in the 2011-13 Transportation Budget the following project was selected to receive state funding,through the Pedestrian&Bicycle Safety program, The state funding is limited to: Dent Kangley Pedestrian Safety Project $416,200 i The funds will be administered through WSDOT's Highways &Local Program(H&LP)Division on a reimbursement basis only. To authorize funding for this project,,submit the H&LP State Funding Agreement,prospectus, and any other items (electronic forms are available at http://www.wsdot.wa.goy/TA/Pro2MGt/PrgMpt.htrnl to your Region Local Programs Engineer. In addition,completion of Executive Order 05-05 must occur prior to construction fund authorization. More information on Executive Order 05-05 can be found at htto'//www dahp wa¢ov/paces/EiiyironmentalReview/Laws htnL After the agreement is signed,you will be notified that the funds have been authorized. Project expenditures are not eligible for reimbursement until after we provide notice that the funds are authorized. If the project includes any federal funds all FHWA requirements apply as outlined in the Local Agency Guidelines (LAG)manual. The 2011-13 Transportation Budget requires the project to be authorized no later than May 31,2012,or the funds will lapse. In addition, a Quarterly Project Report(QPR)is required to be.completed by the end of March,Jame, September, and December,to maintain funding. The online database can be found at the following website http://www.wsdot.wa.gov/TA/ProgMgt/OPR/QPR.hbi-d. To access the database your account name is Kent and password is Kent291 (the password is case sensitive). Should you have any questions on how to pursue this project,please contact Ed Conyers,your Region Local Program Engineer, at 206,440.4734. Sincerely, Kathleen B.Davis Director Highways&Local Programs Division cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NB82-121 Charlie Howard,Transportation Director,PSRC KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: September 20, 2011 SUBJECT: Archaeological Survey Contract — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Jones & Stokes Associates, Inc. in an amount not to exceed $14,536.15, to perform an Archaeological Survey for the cultural resources study needed to facilitate the levee construction on Hawley Road, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department was successful in obtaining a $900,000 grant for Hawley Road and a $2,070,000 grant for the Boeing Levee. Projects receiving state or federal monies are required to have a cultural resources report completed to comply with Section 106 of the National Historical Preservation Act. The consultant will provide site reconnaissance and records research that is needed to prepare a cultural resources report. EXHIBITS: Contract and site map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The cost for this work is included in the Hawley Road budget. Costs will be reimbursed by the Department of Ecology through the state grant for Hawley Road Levee construction. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Jones & Stokes Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ]ones & Stokes Associates, Inc. organized under the laws of the State of Delaware, located and doing business at 1108 11`h Street, Suite 301, Bellingham, WA 98225, Phone: (360) 255-2920/Fax: (360) 255-2924, Contact: Chris Soncarty (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 perform a Cultural Resources Survey for the Hawley Road Levee Improvements project. For a description, see the Consultant's August 3, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. j 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 October 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Five Hundred Thirty Six Dollars and fifteen cents ($14,536.15), plus applicable Washington State sales tax, 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 I 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 thirty (30) 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. i 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) I I 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 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: 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: Chris Soncarty Timothy J. LaPorte, P.E. Jones & Stokes Associates, Inc. City of Kent 1108 11t" St., Suite 301 220 Fourth Avenue South Bellingham, WA 98225 Kent, WA 98032 (360) 255-2920 (telephone) (253) 856-5500 (telephone) (360) 255-2924 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]ones&Stokes-Hawley Rd,3/Horn CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: ' I I EEO COMPLIANCE DOCUMENTS - 1 I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i 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. it 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 j 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 . jl By: For: Title: Date: �i EEO COMPLIANCE DOCUMENTS - 3 1 EXHIBIT A 1CF INTERNATIONAL August 3, 2011 Scope of Work Cultural Resources Survey for Hawley Road Levee Improvements Project, City of Kent Public Works Department, King County WA Purpose The following items describe the cultural resources services that Jones&Stokes Associates,Inc.,a wholly owned subsidiary of ICF Consulting Group, Inc.(ICF),shall perform for The City of Kent Public Works Department(CITY)in support of the Hawley Road Levee Improvement Project (Project). j Project Description The Project will consist of improvements to the levee system within the City of Kent,WA,along Hawley Road. The improvements will include raising approximately 800 linear feet of the existing levee in order to provided flood protection to the City. The levee will be raised from one to five feet and work will only occur east of Washington Avenue. This scope of work will include the following tasks: Task 1-Project Management Task 2-Literature Search/Background Review Task 3-Archaeological Field Work Task 4-Cultural Resources Form Preparation Task 5-Draft/Final Cultural Resources Report The following provides a description of each task and associated task deliverables and assumptions. Task 1—Project Management The ICF project manager will administer this scope of work,including;the scheduling of staff and resources, communications,responding to requests,providing updates on project status,preparing invoices,tracking budget,and other general project administration related tasks. Deliverable: Monthly invoices and progress reports I 710 Second Avenue,Suite 550 , Seattle,WA 98104 � -- 206,801.2800 -- 206.801.2899 fax ram--- icfi.com I Task 2-Literature Review and Background Research ICF will conduct a review of records at the Washington Department of Archaeology and Historic Preservation (DAHP) as well as pertinent literature on the archaeology, ethnography,and history of the Area of Potential Effects (APE), The literature review and background research will identify previously recorded archaeological resources and help determine the probability of the existence of other archaeological resources in the APE. Deliverable:Information to be provided in Task 5 deliverable Task 3—Archaeological Field Work Due to the location of the project along the Green River there is a likelihood of locating archaeological materials. ICF will conduct an archaeological resources survey to clearly define the potential for archaeological resources and identify any archaeological resources that might be located within the APE.This survey will include two standard,industry-accepted methods that are appropriate for finding and recording archaeological sites in this region—a pedestrian survey and subsurface testing. f ICF will conduct a pedestrian survey of the APE to identify archaeological deposits exposed on the ground surface.The pedestrian survey will also be used to inspect the local topography to identify areas that have been subject to modern anthropogenic landscape alterations,within the area of proposed ground disturbance. ICF will use subsurface testing to characterize the nature of subsurface deposits,and to identify subsurface archaeological deposits,when present.Testing will be accomplished by excavating a series of shovel probes across the area of planned ground disturbance.Up to 16 shovel probes(hand dug holes,no more than 50 cm wide at the surface)will be excavated to reveal the nature of the subsurface deposits,and to determine whether buried cultural materials are present.Shovel probes will be excavated to a depth of approximately one meter, or to Pleistocene aged sediments,or to dense gravel deposits of obstructing rocks,whichever is found first.If there appears to be potential for deeper deposits,a hand auger will be used to probe to a maximum depth of three meters below the ground surface.Sediments from shovel probes and augurings will be screened through 1/4 inch mesh unless clearly identified as recent fill.Archaeologists will record the contents,stratigraphy, and location of each shovel probe,and photograph representative probes.Shovel probes will be spaced every 30 meters throughout the APE in areas of potential ground disturbance. All shovel probes will be backfilled upon completion. If buried archaeological deposits are found,additional shovel probes will be excavated to roughly delineate the extent of the site boundaries within the area of ground disturbance. If any archaeological deposits in primary depositional context are encountered,they will be mapped, photographed,and recorded on Washington State Archaeological Inventory forms.The site form will be submitted with the Task 4 deliverable. Deliverable: Information to be provided in Task 5 deliverable Task 4—Prepare New Cultural Resources Forms (Maximum of 1 Form) Identified archaeological deposits in the APE will be recorded as a new archaeological site.Newly recorded archaeological sites will be mapped,photographed,and recorded on a Washington State Cultural Resources survey for the Hawley Road Levee 2 JuIV2011 I, Improvements,City of Kent,WA Archaeological Inventory form and submitted with the Task 5 deliverable and subsequently sent to i the DAHP for Smithsonian number assignment. A maximum of one form will be produced. Deliverables:Electronic draft and final versions of up to one Washington State Archaeological Inventory form,provided in PDF format. Task 5—Prepare Draft/Final Cultural Resources Technical Report ICF will prepare draft and final versions of the archaeological resources technical report that summarizes the results of the archaeological resources survey conducted in Task 2 and Task 3. The report will meet state and federal standards for reporting as outlined in the guidelines provided by DAHP.Identified archaeological resources recorded on inventory forms,as outlined in Task 4,will be provided as an appendix to the document.Following internal review,the draft report will be provided to the client in electronic PDF format for review and comment.ICF will address all questions, comments and/or edits into a final version of the technical report. Submittal to the CITY of the Final Technical Report will include five hard copies and one electronic copy in PDF Format, Deliverables:Draft Cultural Resources Technical Report to City in electronic PDF format Final Cultural Resources Technical Report to City to include five(5)hard copies and one electronic copy in PDF format. Table 1. Project Schedule Task Scheduled Completion Task 1 -Project Management Ongoing through project completion. Task 2 -Literature Search/Background Review Within one week of Notice to Proceed. Task 3 -Archaeological Field Work Within two weeks of completion of Task 2. Task 4-Cultural Resources Form Preparation Within one week of completion of Task 3. Task 5 -➢raft/Final Cultural Resources Report Within two weeks of completion of Task 4. Assumptions: • ICF archaeologists will excavate up to 16 shovel probes. • ICF will be responsible for integrating edits from one round of CITY review of the Draft Cultural Resources Technical Report(Task 5). Additional reviews will be considered beyond the current scope and may require an amendment to this Scope of Work. • CITY is responsible for consultation with federal agencies and tribes. • CITY may request from the Muckleshoot Tribe any records of cultural or historic significance the Tribe may be willing to share that may be relevant to the project. • CITY will be responsible for obtaining permission to access private property,as needed to complete field work. • CITY will provide ICF with a full and accurate description of the proposed project,including Auto Cad drawings and/or GIS shapefiles,if available,showing plan drawings of the project including existing and proposed structures,roads,and any other relevant elements related to the project. Cultural Resources Survey for the Hawley Road Levee 3 July2411 Improvements,City of Kent,WA • CITY will ensure a utility locate will be conducted within those portions of the APE that occur within the City right-of-way prior to any excavation. • All cultural resources documents will be prepared in accordance with DAHP guidelines. • Determination of site and/or resource eligibility for the NRHP and resolution of any adverse effects to identified historic properties under Section 106 of the NPHA is not included in this scope of work.Any additional fieldwork or analysis (e.g.,test excavations, consultation on project designs,archaeological data recovery, or coordination of a Memorandum of Agreement) beyond what is specified in this scope of work may require an amendment to this Scope of Work. • ICF will prepare up to one cultural resource inventory form. • All correspondence and work products will be prepared and printed by ICF with distribution completed by the CITY. i I it I ii Cultura l Resources Survey forth a Hawley Road Levee 4 July2e11 Improvements,City of Kent,WA ! ... . ! . : . 2 ; ITS / )) { `: _: : : ! . \ { E .......... , \ / zn r ! \/{\> i i I 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. 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 it 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. S. 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i EXHIBIT 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: i 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 A:VII. E. Verification of Coverage j 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. 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SUMMARY: Public Works Engineering is contracting for demolition of the existing street and sidewalk facilities at Smith Street and Lincoln Avenue and reinstalling new street and sidewalk improvements. The scope of work includes removing and replacing tree damaged sidewalks, installing new curb ramps, replacing substandard curbs, gutters and driveways and removing oversized trees to prevent future damage. The roadway at Smith and Lincoln will be reconfigured to facilitate safer right and left turn movements. Sound engineering practices and rules for federally funded projects dictate that rock, pipe, concrete, asphalt and other materials be tested to insure they meet specifications. The materials analysis and density testing requires a laboratory with certified equipment the City does not own. Jason Engineering and Consulting Business, Inc., holds the appropriate certifications to perform these duties, and were selected through a competitive process based upon their qualifications. There are no similarly qualified testing labs in Kent. EXHIBITS: Contract and Site Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The work is included in the project budget. This work is eligible for reimbursement at a rate of 86.5% through the federal grant. KENT WASH "o,o„ CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. i 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 Smith Street Left Turn Lane at Lincoln Avenue project. For a description, see the Consultant's August 3, 2011 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 December 31, 2012, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand, Sixty Five Dollars ($17,065.00), plus applicable Washington State sales tax, 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. I 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. I 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. i 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. i 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 j 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. I 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) i 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. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. 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 ]ECB-Smith&Linminaenamill CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1, I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 i 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 I 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 i 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 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: I Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 i Jason Geotechnical Engineering Date: 08-03-2011 JA' Engineering& Retaining Wall/Pavement Design Project: Smith-Lincoln LeftConsulting Construction Management Turn Lane, Kent#05-3002 Business,Inc. WABO/AASHTO Inspection&Testing File#:p11-037 Scope of Services, Exhibit These rates will apply for the duration of the project and should provide all the testing and inspection requirements for your project: Smith-Lincoln Left Turn Lane,Kent# 05-3002 Provide onsite construction inspection and recommendations regarding construction materials as requested. sro Observe placement and procedures of materials. Provide density tests to confirm compaction and testing specification requirements. Sample imported material to evaluate and confirm specification requirements. This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. Provide miscellaneous professional services related to this project as directed. 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. Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the project distribution list. v- 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 normal inspection and professional engineering services (weekends are minimum 4 hours). 9- 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. s- 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. Phone: (206)-786-8645 Fax: (253)833-7316 Email:lasonQjasonengineering.com PO Box 181 Auburn WA. 98071 it i Jason Geotechnical Engineering Date: 08-03-2011 Engineering& Retaining Wall/Pavement Design Project: Smith-Lincoln Left , Consulting Construction Management Turn Lane, Kent#05-3002 Business,Inc. WABO/AASHTO Inspection&Testing Filet p11-037 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Unit Rate Item Total 100 Construction Management Inspector $60.00 per hour $6,000.00 30 Asphalt Inspection&Monitoring w/Densometer $60,00 per hour $1,800.00 30 Concrete Inspection&Monitoring $60.00 per hour $1,800.00 40 Soils Inspection&Monitoring w/Densometer $60.00 per hour $2,400.00 10 Professional Engineering Services $95.00 per hour $950.00 30 Administrative services $40.00 per hour $1,200.00 20 trip fee per round trip, non-resident inspector $15.00 per trip $300.00 OT/Holiday hours 1.5 x rate per hour LABORATORY SERVICES Unit Rate Item Total 4 Asphalt,Ignition&Gradation $150.00 each $600.00 4 Asphalt,Rice Specific Gravity $85.00 each $340.00 20 Concrete/Grout;Cylinders/Prisms $20.00 each $400.00 3 Soil,Fracture Count $75.00 each $225,00 3 Soil,Proctor(Standard or Modified) $150,00 each $450.00 3 Soil,Sand Equivalent Test $75.00 each $225,00 3 Soil,Sieve Analysis with#200 wash $125.00 each $375.00 Soil,Unit weight $30.00 each Estimated Project Total: $17,065.00 ii I Phone: (206)-786-8645 Fax: (253)833-7316 Email:JasonCjasonengineering.com PO Box 181 Auburn WA.98071 j 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 I 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. i 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 $1,000,000 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 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, evidencingthe insurance requirements of q 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. KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: September 20, 2011 SUBJECT: Sanitary Sewer Easement and Covenant — Authorize MOTION: Authorize the Mayor to sign the Sanitary Sewer Service Agreement and Covenant with ST Multi 2 L.L.C., subject to final terms and conditions acceptable to the City Attorney and Public Works Department. SUMMARY: Regional homebuilder, Polygon Northwest, formed ST Multi 2 L.L.C., to develop and construct a 465-unit residential development in SeaTac, near the intersection of 42nd Avenue South and Orillia Road. The site is known as the Scoccolo Property. SeaTac does not provide sanitary sewer service in this area, but Kent does. This agreement allows the development to connect to Kent's sanitary sewer system and send wastewater to the METRO trunk line for treatment in Renton. Kent added conditions to the agreement to include provisions related to traffic impacts of the development and stormwater runoff. Traffic mitigation fees were paid into the South 228th Street Extension Project. Stormwater runoff from the site will be treated and detained in a facility constructed by Polygon that was dedicated to the City. EXHIBITS: Sanitary Sewer Service Agreement and Covenant RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The development was required to pay for its impacts to Kent facilities as a condition for sanitary sewer service. Traffic mitigation fees were used to help pay for the South 228th Street Extension project. Stormwater development fees were paid into the Johnson Creek Mitigation project and stormwater utility. Kent and METRO permit fees were paid to hook up the sanitary sewer line. Homeowners in SeaTac will be billed by Kent for monthly stormwater and sewer utility fees. After recording, return to: Property Management City o f Kent 220 - 4th Avenue South Kent, Washington 98032 Reference Number of Related Document: N/A Grantor(s): ST MULTI 2 L.L.C. Grantee(s): City of Kent Abbreviated Legal Description: Portions of Section 03, Township 22N, Range 4E and Section 10, Township 22 N, Range 4 E.; WM, City of SeaTac, King Co., State of Washington Additional Legal Description: See Exhibit "A" of Document Assessor's Property Tax Parcels or Account No's.: 1022049035, 1022049007, 10220490402, 1022049044, 0322049025, 0322049053, and 0322049103 PROJECT NAME: Scoccolo Property Sanitary Sewer extension SANITARY SEWER SERVICE AGREEMENT AND COVENANT ST MULTI 2 L.L.C., a Washington Limited Liability Company, their heirs, successors and/ or assigns ("Owner') which is owner of certain property fully described below, for and in consideration of the furnishing of sewer utility service to said property by the CITY OF KENT ("City"), a Washington municipal corporation, do hereby agree as follows: Scoccolo Sewer Service Agreement Page 1 of 11 1. RECITALS 1.1. Owner is the owner of certain property, known as the Scoccolo Property, located just north of 42nd Avenue South and west of Orillia Road, legally described in Exhibit "A" attached and incorporated by this reference ("Property"). The Property is located outside the corporate limits of the City of Kent and within the corporate limits of the City of SeaTac, King County, Washington. 1.2. Owner has applied for development permit approval(s) from the City of SeaTac on the Property to construct approximately 440 new dwelling units. This approval is conditioned upon a showing of sewer service availability. 1.3. The Owner has requested that the City furnish sanitary sewer services to the Property, which is within the service basin described in the City of Kent Comprehensive Sewer Plan. The City is not, however, the sole purveyor of sewer utility services in the area. 1.4. RCW 35.67.310 authorizes the City to provide utility services to property outside its corporate limits and its potential annexation area under conditions set forth in Section 7.11.020 of the Kent City Code which includes, but is not limited to, requirements that transportation and storm water impacts be mitigated as a condition of providing service. 1.5 This Agreement and Covenant ("Agreement") is expressly provided for by statute and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and provisions of RCW 82.02.020 shall not be applied nor shall this Agreement be construed to be for purposes of impact mitigation pursuant to the Washington State Environmental Policy Act or any rules or policies adopted thereunder. 1.6. Owner acknowledges that violation of the terms of this Agreement or upon the invalidation of this Agreement by judicial action, operation of law, or otherwise shall result in the immediate discontinuance of utility service at the sole discretion of the City. 2. MITIGATION OF IMPACTS TO STREET, ROAD AND TRAFFIC SYSTEMS 2.1 The proposed development and use of the Property will generate traffic that will result in increased volumes reducing the available capacity at the intersections of 42nd Avenue South at South 212th Street, 42nd Avenue South at South 216th Street, and South 228th Street at Riverview Boulevard in the City. Scoccolo Sewer Service Agreement Page 2 of 11 2.2 A new east-west arterial roadway corridor in the west-central portion of the City (hereinafter referred to as the South 228th Street west-leg Corridor), will provide an alternate route for those persons using South 212th Street/Orillia Road, South 216th Street/37th Place South/40th Place South, and Kent Des Moines Road (SR516) and serve to mitigate the traffic impacts created by the development of the Property. 2.3 Owner agrees to pay a proportionate share of all costs associated with the construction of the South 228th Street west-leg Corridor project. Payments shall be made on the following basis: 2.3.1 The total estimated cost of construction in 2003 dollars is Thirty Million Dollars ($30,000,000.00). With the City's financial participation plus grants and other agency financial participation, the Owner's proportionate share of construction costs is One Thousand Six Hundred Fifteen Dollars and No/100 ($1,615.00) per dwelling unit in 2003 dollars. The proportionate share shall be reduced by Seven Hundred Seventy Dollars and No/100 ($770.00) per dwelling unit (City of SeaTac Mitigation Fee) which equals Eight Hundred and Forty Five dollars ($845.00) per dwelling unit in 2003 dollars. At the time of payment, the Owner's payment shall be increased or decreased by the percentage change, if any, in the Seattle- Tacoma-Bremerton Consumer Price Index-Urban (CPI-U) as published by the United States Department of Labor's Bureau of Labor Statistics for the twelve (12) month period ending on December 31 of the previous year. 2.3.2 Payment shall be due prior to the issuance of a side sewer permit for each building and shall be based on the number of dwelling units per building. For example, if a building contains four dwelling units, the incremental payment in 2003 dollars would be computed as follows: 4 dwelling units x $845.00/dwelling unit = $3,380.00, to be paid prior to the issuance of a side-sewer permit for that building. 2.3.3 Payments shall be made by submission of a certified check or bank check prior to the issuance of a sanitary side-sewer permit for each building by the City. 2.3.4 Payments made by Owner shall be deposited with the City Finance Director in the City's South 228th Street west-leg Corridor project fund for use as necessary to offset the costs of planning, design, right-of-way acquisition, and construction of that project. Interest accruing on these monies shall be the property of the City and shall be deposited with the project fund. Scoccolo Sewer Service Agreement Page 3 of 11 3. CONSTRUCTION STANDARDS FOR OWNER'S IMPROVEMENTS AND SUBSEQUENT CONVEYANCE TO CITY 3.1 Owner agrees to design and construct all required sanitary sewer, public street and storm drainage system improvements with related appurtenances to the standards set forth in the City of Kent Construction Standards and/or the City of Kent Surface Water Design Manual, as applicable, in effect at the time of construction, and/or as approved by the Public Works Director and to comply with all applicable federal, state and local laws and regulations. The City of Kent acknowledges that those storm improvements to be located on the Property are within the jurisdiction of the City of SeaTac and will be designated and permitted to meet the City of SeaTac standards, which are substantially similar to those of the City of Kent. The City will not unreasonably enforce its standards for storm water control when they are in conflict with the City of SeaTac's standards. The Owner certifies that it has designed the on-site storm pond to meet the Green River Management Agreement, as all surface and subsurface waters from the Property flow to the City of Kent. 3.2 Upon completion of construction by Owner and approval by the City, Owner agrees to convey to the City all required sanitary sewer, public street and storm drainage improvements with related appurtenances along with all associated real property interests necessary for the operation and maintenance of those improvements. Consideration for all conveyances shall be the extension of sewer service to Owner under the terms of this Agreement. All deeds shall be recorded. 4. MITIGATION OF SURFACE AND STORM WATER DRAINAGE IMPACTS 4.1 Owner acknowledges that the development and use of the property will have surface and storm water drainage impacts in the City and agrees that the terms and conditions in this Section 4 serve as Owner's proportionate mitigation. 4.2 Storm water runoff from the Property is designed to be directed to (1) on-site and (1) off-site Surface and Storm Water Facility ("Facility') as shown on "Exhibit B" attached and incorporated by this reference. The on-site Facility will be owned and operated by the Owner, except that the Owner will provide the City with an easement allowing the City access to the Facility for inspection and, if necessary, operation during high flow or large storm events when it is necessary to retard or eliminate discharge from the Facility to mitigate downstream flooding. The City acknowledges that it must be responsible for this single operational task as the Owner will not likely have the expertise to perform analysis or make judgments about downstream flooding, or Scoccolo Sewer Service Agreement Page 4 of 11 develop the proper course of action that should be taken to avoid downstream impacts. 4.3 City acknowledges that the off-site Surface and Storm Water Facility will be owned and operated by the City upon its final acceptance, and that upon final acceptance, the Owner will have no operational or maintenance obligations for this Facility, and the Owner's only obligations will be those provided for in Paragraph 4.3.3. regarding damages due to defects in design and construction and those provisions pertaining to the Sewer Bore in paragraph 6. The approval and acceptance of the off-site Facility is subject to the following conditions: 4.3.1 Owner agrees to the commingling of runoff from private and publicly owned real property. 4.3.2 Owner agrees that the City of Kent shall not be under any obligation to maintain the quality of water introduced into the Facility until the completion of Owner's development and final acceptance of the Facility ("Facility") by and conveyance to the City 4.3.3 Owner agrees to defend, indemnify, and hold harmless the City for two years from the date of acceptance from any and all claims, demands, actions, injuries, losses, damages, costs or liabilities of any kind or amount whatsoever, whether known or unknown, foreseen or unforeseen, fixed or contingent, liquidated or unliquidated, arising by reason of defects in the design or construction of the Facility. Such damages may include, but will not be limited to: directing the storm water runoff from its current or natural course to the Facility; change in the amount or character of the flow; discharge of any toxic waste, hazardous waste, or other contaminant onto intervening properties or into the Facility by act or omission of Owner; or any enforcement action or third party lawsuit brought against the City under the federal or state Clean Water Acts or the Municipal Phase II National Pollutant Discharge Elimination Act Permit. However, this indemnification shall not apply to Acts of God or catastrophic, naturally occurring events, or final judgments against the City arising out of a determination by a court of competent jurisdiction that monetary damages suffered by a third party were actually and proximately caused by the acts or omissions of the City, its officers, officials, or agents. The provisions of this Paragraph shall survive the expiration or termination of this Agreement. Scoccolo Sewer Service Agreement Page 5 of 11 4.3.4 Upon completion of the development of the Property and acceptance of Facility by the City, the Facility will be conveyed to the City by Bill of Sale and associated real property will be dedicated to the City by statutory warranty deed. 4.3.5 A Storm Water Utility Surcharge ("Surcharge") shall be levied by the City upon the Owner and subsequent owners of each dwelling unit constructed on the Property so long as the Facility is owned and maintained by the City and/or its successors and assigns. The amount of the Surcharge shall be equal to the sub- basin charges paid by real property owners within the City limits who are within the same drainage basin as the Property, as per KCC 7.05.090 as now adopted and as hereinafter amended. The amount of the Surcharge may be appealed only under the procedures set forth in Chapter 7.05.200 of the Kent City Code. Unpaid Surcharges shall be liens against the property pursuant to Chapter 7.01 of the Kent City Code. 4.3.6 Owners agree to submit to the jurisdiction of the City of Kent with regard to all provisions in the Kent City Code as now or hereinafter adopted that regulate or otherwise pertain to discharges to the Facility, including payment by Owners of the drainage systems development charge pursuant to Kent City Code 7.05.165. The City and Owners have determined that the total remaining drainage system development charge due amounts to Sixteen Thousand Five Hundred Twenty-one and 32/100 dollars ($16,521.32) as shown on the "Scoccolo System Development Charge Calculations" sheet attached and incorporated as "Exhibit C." Owners shall pay this remaining amount within ten (10) calendar days from the effective date of this Agreement. 5. CONSTRUCTION OF SANITARY SEWER AND RELATED APPURTANCES. 5.1 Owner agrees to construct those public sanitary sewer and related appurtenances ("Improvements') as shown on "Exhibit D," attached and incorporated by this reference. 5.2 Owner agrees that the construction of the Improvements will not begin until the City of Kent Public Works Department has approved the related construction plans. 5.3 The right is reserved to the City of Kent Public Works Department to inspect the Improvements for compliance with the standards described Section 3. The City will report noncompliance to the City of SeaTac and sanitary sewer service will not be provided until the Improvements are brought into compliance. Scoccolo Sewer Service Agreement Page 6 of 11 5.4 Upon final approval of construction by the City, Owner shall convey all Improvements by Bill of Sale and all associated real property interests to the City by statutory warranty deed; provided, however, that Owner and subsequent owners of dwelling units will retain ownership of side sewers. Thereafter, Owner and subsequent owners of the dwelling units will be responsible to the City for sewer connection fees and utility service charges and fees per Chapter 7.04 of the Kent City Code as now adopted or later amended. 6. SEWER BORE MAINTAINENCE PROVISIONS 6.1 Owner agrees that as a condition of the City's final acceptance of the sanitary sewer system, Owner shall construct a portion of the system known as the Sanitary Sewer Bore ("Bore"). The Bore is composed of approximately 800 lineal feet of 12" diameter HDPE pipe, which pipe has a "belly' of approximately 1-1/8" located approximately 240 feet downstream from the up-hill origin of the Bore. The City will perform yearly maintenance, which may include inspection, flushing, and cleaning of the Bore, if necessary, to ensure that solids and debris do not collect in the Bore. Yearly maintenance shall not include damage to the Bore from natural causes or acts of God. 6.2 Owner shall be responsible for payment of all costs of yearly Bore maintenance, in advance each year, on or before January 30. The estimated cost to perform maintenance in 2009 dollars is $1,500. The City shall provide the Owner with receipts indicating the time and materials expended to perform the maintenance within 30 days of City performing maintenance of the Bore. 6.3 The Owner's responsibility for continued payment of Bore maintenance shall be (a) terminated if, after the first five years of operation and inspection, no collection of solids or debris is detected by the City in its performance of the maintenance, or (b) adjusted to reflect a bi-yearly or longer maintenance interval if the results of the first five years of inspection indicate that a longer interval of maintenance can be instituted. 6.4 The Owner shall provide the City with a separate bond (or other form of security acceptable to the City) to secure Owner's payment of the costs of yearly maintenance of the Bore in the amount of $5,000. The term of this bond shall be two years. Prior to expiration of this first maintenance bond, the Owner shall provide the City with a second two year maintenance bond in the amount of $5,000. Upon expiration of this second maintenance bond, the Owner shall be released from further bonding requirements, but not from the Owner's obligation to Scoccolo Sewer Service Agreement Page 7 of 11 continue payment of yearly maintenance costs, subject to the provisions of this Agreement. 7. SATISFACTION OF CONDITIONS - REMEDIES 7.1 Owner's failure to comply with the mitigation terms and conditions set forth in this Agreement, as determined solely by the City, shall result in denial or discontinuance of sanitary sewer service to the Property. 7.2 If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is instituted, each party shall be responsible for its own costs and fees. 7.3 Venue of any legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement shall be governed by the applicable laws, rules, and regulations of the State of Washington and the City of Kent. S. COVENANT TO RUN WITH LAND This Agreement and Covenant shall run with the land in perpetuity and shall be binding upon all parties having or acquiring any right, title, or interest in the Property described herein or any part thereof. 9. MISCELLANEOUS 9.1 Any notice or demand required or permitted to be given under this Agreement shall be sufficient to be given in writing and if sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any party may give notice in the manner provided in this paragraph to the other parties of a change of address. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. Notices to City of Kent: Tim LaPorte, P.E. Public Works Director City of Kent 220 Fourth Avenue South Kent, Washington 98032 Scoccolo Sewer Service Agreement Page 8 of 11 Notices to ST Multi 2, L.L.C.: Richard Rawlings ST Multi 2 L.L.C. 11624 SE 5th Street, Suite 200 Bellevue, WA 98009 9.2 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 of 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. 9.3 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 Owner. 9.4 Should any term, provision, condition or other portion of this Agreement be held to be inoperative, invalid, or void, the same shall not affect any other term, provision, condition or other portion of this Agreement and the remainder of this Agreement shall be effective as if that term, provision, condition or portion was not originally part of this Agreement. 9.5 The headings used in this Agreement are for convenience only and in no way define, limit or extend the scope or the intent of any provision. 9.6 It is understood and agreed that this Agreement was mutually drafted by both parties and, in the event of dispute, is construed accordingly. 9.7 Upon execution, this Agreement shall be recorded with the King County Auditor's office. The parties agree that the exhibits may be reduced in size to conform to the Auditor's requirements. 9.8 The written provisions and terms of this Agreement, together with any Exhibits attached, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Scoccolo Sewer Service Agreement Page 9 of 11 9.9 This Agreement shall take effect on the last date signed below (excluding dates entered within notary blocks). ST Multi 2, L.L.C., a Washington Limited Liability Company By: Name: Richard Rawlings Title: Date: CITY OF KENT By: Suzette Cooke Title: Mayor Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Richard Rawlings is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of St Multi 2, L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Scoccolo Sewer Service Agreement Page 10 of 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Approved as to form Kent City Attorney P:ACi ilTilesVOpm FilesA1328Smm11oDe eloporilleRdASen±ae sre emgeemen1A82611.doc Scoccolo Sewer Service Agreement Page 11 of 11 KENT Agenda Item: Other Business — 8A TO: City Council DATE: September 20, 2011 SUBJECT: Tacoma Regional Water Supply System Contract - Authorize MOTION: Authorize the Mayor to sign an agreement with the Washington State Public Works Board for an $8-million Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply filtration plant, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The project involves the construction of a water filtration plant capable of meeting the federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) requirements of 99% cryptosporidium removal from the Green River water supply. The elements of the project include: Engineering design for a plant capacity of approximately 150 mgd, Cultural, Historic, Environmental, and Public review, permitting approvals, construction bid document preparation, award of construction contracts, construction of sedimentation/filtration basins, clear wells, chemical and pumping facilities, necessary water mains and equipment to integrate the new filtration plant with the existing water system, facilities to process backwash water and residuals, stormwater systems, and general site improvements including grading, access, and security; Startup and testing of new facilities. EXHIBITS: Public Works Trust Fund Construction Loan Contract: PC12-951-024, Attachment I-Scope of Work and Attachment II-Attorney's Certification RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Costs for the City's share of the filtration plant design and construction were anticipated and included in the current water rate schedule adopted by Council in 2009. This loan would provide for a low-interest alternative to selling bonds for financing. The City's share of this project is estimated to be $25-million of the total $200-million. This is the same percentage as the City's proportionate share of the water right. I r Washington State 1 1 Public Works Board I 1011 Plum Street SE Post Office Box 42525 Olympia,Washington 98504-2525 August 11, 2011 Brad Lake City of Kent 220 4th Avenue South Kent, WA 98032 RE: Public Works Trust Fund (PWTF) Construction Loan Contract: PC12-951-024 Dear Mr. Lake: Enclosed are two originals of the Public Works Trust Fund Construction Loan Contract PC12-951-024 between City of Kent.and the Public Works Board (Board). This Contract details the terms and conditions that will govern the agreement between us. You will also find the project's Scope of Work and an Attorney's Certification as formal attachments to the contract. Please review the terms and conditions of the Contract carefully. We recommend consulting with your legal advisor before accepting this loan offer. When you have obtained the appropriate original signatures (do not use signature stamps), return both original contracts and all the attachments to the Public Works Board office within 60 calendar days of the date of this letter. Failure to return the contracts within this timeline may result in the loan offer being withdrawn. After the Contracts have been signed by the Board, one fully executed original along with instructions for drawing funds will be mailed to you. We encourage you to store these and all pertinent documents associated with this project and loan offer in a file that is readily accessible to auditors for their periodic review. If you haven't already completed the required Historical and Cultural Resources Review for your project, please refer to the instructions and EZ1 form attached for your convenience. If you have questions about this Historical and Cultural Review process, please contact your Client Services Representative. We look forward to working with you over the course of your successful public works project. If you have any questions about this Contract, please contact me at (360) 725-3153 or at Ann.Campbell@commerce.wa.gov. Sincerely, Ann E Campbell Project, Policy, & Performance Coordinator Enclosures Administrative services provided by the Washington State Department of Commerce j (360) 725-3150 Fax (360) 586-8440 www.pwb.wa.gov I r Washington State 4 Public Works Board j ` ! 1011 Plum Street SE Post Office Box 42525 Q Olympia,Washington 98504-2525 2012 Construction Loan Agreement between: City of Kent and Public Works Board I For: Project Name: Tacoma Second Supply Filtration Plant Loan Number: PC12-951® 24 Loan Type:;Construction i Execution/Start Date: (to be filled by the Public Works Board) City of Kent Page 2 Contract Terms and Conditions PC12-951.024 8/11/2011 Construction Loan Contract i TABLE OF CONTENTS CONTRACTFACE SHEET.......................................................................................................5 CONTRACT TERMS AND CONDITIONS .................................................................................6 Part 1. SPECIAL TERMS AND CONDITIONS........................................................................ 6 1.1. Definitions..............:................................................................................................................6 1.2. Authority.........................r....................::...,.............................................................................6 1.3. Purpose. ......... ......... ......... ............ .... ... .... ......................... .....6 1.4. Order of Precedence........................... .... .... . . ...... ...................................... ............. .....6 1.5. 5-year deferral for start-up systems....:.. ...................................................................... .... 6 Y P Yi 1.6. Competitive Bidding Requirements.......................... .....I... .. .... ... ..... .........7 1.7. Default in Repayment ......... ........ ..... ...: .. ........................7 1.8. Investment Grade Audit ......... ........ ..... .... . :....... ..................... ..... .........7 1.9. Local Matching Share and Eligible Project Costs.... ......... t... ...............................7 1.10. Historical and Cultural Resources ........: ...... . ......... ..............................8 1.11. Performance Incentives.... ..... .. ... .... . ....`... ........ ........ .................. .8 1.12. Project Completion Amendment and Certified Project Completion Report 9 1.13. Project Signs... ...a. ......... ......... ......... ........ ........... .. .. ... .........9 1.14. Rate and Term of Loan ................. ........ .... ..`.. ......................................................9 1.15. Recapture............... ........... ... ... ... ... ........: ......... ....................9 1.16. Reimbursement Procedures and Payment.............. ...... .. ......... ......... ....... ..9 1.17, Repayment :. ....... ................................................. ...............:.. . .. ... ... ............... 11 1.18. Reports.. .................................................... ..... .... ......... 11 1.19. Termination for Cause................................ ..... ...... ....: ... ..... ... ............... 11 1.20. Termination for Convenience............................................................................................... 11 1.21. Time of Performance............................................................................................................ 12 Part 2. GENERAL TERMS AND CONDITIONS. ......... .................13 2.1. DEFINITIONS............. ............................................. ......... .......... ........................13 2.2. Allowable Costs......... .... .... ... ... ............ ........................................... .. ........13 2.3. ALL WRITINGS CONTAINED HEREIN.................................... ......... ..................13 2.4. AMENDMENTS.............................................. .................. . .... ......... ..................13 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA'28 CFR Part 35............................................................................. 13 2.6. APPROVAL..........................................................................................................................13 2.7. ASSIGNMENT.......... ................................................................................. ........... .............13 2.8. ATTORNEYS' FEES............................................................................................................14 2.9. AUDIT................................................................................................................................... 14 2.10. CODE REQUIREMENTS.....................................................................................................15 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............................................... 15 2.12. CONFORMANCE................................................................................................................. 16 2.13. COPYRIGHT PROVISIONS ................................................................................................ 16 2.14. DISALLOWED COSTS........................................................................................................ 16 2.15. DISPUTES ........................................................................................................................... 16 2.16. DUPLICATE PAYMENT....... ........................ ........................................................ ......... 17 2.17. ETHICS/CONFLICTS OF INTEREST..................................................................................17 2.18. GOVERNING LAW AND VENUE ........................................................................................17 City of Kent Page 3 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract '., 2.19. INDEMNIFICATION ...................................................................... ............................... 17 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR........................................................ 17 2.21. INDUSTRIAL INSURANCE COVERAGE............................................................................ 17 2.22. LAWS................................................................................................................................... 18 2.23. LICENSING, ACCREDITATION AND REGISTRATION...................................................... 18 2,24. LIMITATION OF AUTHORITY..............:.............................................................................. 18 2.25. Local Public Transportation Coordination............................................................................ 18 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS.................................................19 2.27. POLITICAL ACTIVITIES ......................................................................................................19 2.28. PREVAILING WAGE LAW...................................................................................................19 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION........ .......................19 2.30. PUBLICITY ......... ........ ..... .... . ... .... ....... .... ... .... ................ ..............19 2.31. RECAPTURE............... .... .... ........... ................ ... .... ..............19 2.32. RECORDS MAINTENANCE.. ......... ......... ....................................................20 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE ......... .........20 2.34. RIGHT OF INSPECTION....... .... ..... ...;..... .......................................... .........20 2.35. SAVINGS ...... ....... .... ... ... ... .. ... . ... ..... ...... ....:.........................................20 2.36. SEVERABILITY...................... . ... .... .. .. . ..... .....'... ... ... ... ................20 2.37. SUBCONTRACTING ..... ..... ....... . ........: ......... ..................21 2.38. SURVIVAL........................ ..... ......... ......... .......... ........................21 2.39. TAXES..: ......... ......... ........: .: ...... .21 2.40. TERMINATION FOR CAUSE/SUSPENSION. ...... .... ..... .. .... ... .................21 2.41, TERMINATION FOR CONVENIENCE ... .. ...... ................ ..................22 2.42. TERMINATION PROCEDURES.................. ........... ......... .................22 2,43. WAIVER ...............................................................................................................................22 ATTACHMENT I: SCOPE OF WORK..................................... ....................... ...............23 A. PROJECT'S SCOPE OF WORK..................................... ........................ .................23 B. ESTIMATED PROJECT COSTS..................................... ......... ................................24 C. ANTICIPATED PROJECT FUNDING...................................................................................25 ATTACHMENT If: ATTORNEY'S CERTIFICATION ...........26 City of Kent Page 4 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract CONTRACT FACE SHEET Contract Number: PC12-951-024 Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Kent N/A 220 4th Avenue South i Kent, WA 98032 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6.Funding Source 7. Contract Start 8. Contract End Date Date $8,000,000.00 Federal: ❑ State: ❑✓ Other: ❑ Contract Execution June 1, 2032 N/A:;❑ Date ; 9. Federal Funds (as applicable) 'Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11. SWV# 12. UBI# 916001254 I 14. Contract Purpose Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, and solid waste facilities, including recycling facilities. The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below.The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: 'Contract Terms and Conditions including Attachment I: Scope of Work, and Attachment Il:Attorne 's Certification. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature John LaRocque, Executive Director Print Name Date Title APPROVED AS TO FORM ONLY This 7th Day of June. 2011 Date Rob McKenna Attorney General Signature on file Kathryn Wyatt Assistant Attorne General City of Kent Page 5 Contract Terms and Conditions PC12.951.024 8/11/2011 Construction Loan Contract CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM Part 1 . SPECIAL TERMS AND CONDITIONS 1.1. Definitions As used throughout this Construction Loan Contract the following terms shall have the meaning set forth below: A. "Contract' shall mean this Construction Loan Contract. B. "Contractor' shall mean the local_ government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and who is a Party to the Contract. 1.2. Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Trust Fund construction loan for an approved public works project. 1.3. Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in ATTACHMENT L SCOPE OF WORK. The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. i 1.4. Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations.` B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5. 5- year deferral for start-up systems If the project financed by this contract is to develop a system to deliver previously unavailable services, and revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments for sixty (60) months after the Contract execution date. The Contractor may provide a written request to the Board requesting a 5-year deferral for an eligible system. The Board may approve the deferral request. Interest accrues for the aforementioned sixty (60) months. The accrued interest only payment is due June 1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of the 7th year of the loan term. City of Kent Page 6 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 1 1.6. Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.7. Default in Repayment Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A payment not received within thirty(30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1 st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as provided for in Section 1.11. t The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment,to notify;any other entity, creditors,or potential creditors of the Contractor of such delinquency. The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.8. Investment Grade Audit For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. 1.9. Local Matching Share and Eligible Project Costs The Contractor pledges to use an amount of matching funds as local project share of not less than $192,000,000.00 applied to the total eligible portion of the project cost as identified in ATTACHMENT j: SCOPE OF WORK. State and federal grants are not considered local matching funds. Expenditures on eligible project activities incurred up to twelve (12) months prior to the execution of this Contract may be used as match for local project share. The amount of local funds used for the project will be verified and the percentage that this figure represents of the total project cost will be calculated at project completion. If and to the extent the actual percentage of local match exceeds the proposed match percentage, the loan amount and/or the interest rate charged may be adjusted. At a minimum, the match provided cannot be less than the original match pledged at the time of contract execution. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of project completion. The Contractor agrees to execute the Project Completion Amendment as an amendment to this Contract adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in ATTACHMENT li SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty(30) days of the reimbursement request. Only costs that have been incurred on or after September 1, 2010, and which are not counted as local share, are eligible for reimbursement under this Contract. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Program loans. These terms supersede the terms in Section 2.2.Allowable Costs. City of Kent Page 7 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract '.. 1.10. Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington,State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this Contract. i The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer atDAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately,then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub-contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend ATTACHMENT I: SCOPE OF WORK, the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.11. Performance Incentives The Contractor shall complete the project no later than sixty (60) months after the date of contract execution. Should the Contractor complete the project within forty-eight (48) months of the date of contract execution, the Contractor may choose one of the two following incentives upon project completion: Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life of the asset, OR: Option B: The interest rate will be decreased by one-quarter of one percent (0.25%). Should the Contractor complete the project within thirty-six (36) months of the date of contract execution, the Contractor may choose one of the following two incentives upon project completion: Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the asset, OR; Option D: The interest rate will be decreased by up to one-half of one percent (0.50%). City of Kent Page 8 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract Once an option is selected, the Contract shall be modified to note the appropriate change and no further adjustment to the Contract for Performance Incentives shall be authorized. Irrespective of the performance incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25%. The calculation of interest rate and term adjustments will apply to the remaining payments. 1.12. Protect Completion Amendment and Certified Project Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in ATTACHMENT I: SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in ATTACHMENT I: SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in ATTACHMENT I: SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in ATTACHMENT I: SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate. 1.13. Project Signs If the Contractor displays, during the period covered by this Contract, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 1.14. Rate and Term of Loan The Board shall loan the Contractor a sum not to exceed $8,000,000.00. The interest rate shall be 0.50% per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due June 1,2032. 1.15. Recapture The right of recapture shall exist for a period not to exceed six (6) years following contract termination. In the event that the Board is required to institute legal proceedings to enforce the recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees. These terms supersede the terms in Section 2.31. Recapture. 1.16. Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred bythe Contractor while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. City of Kent Page 9 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract I The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1.13. When requesting reimbursement for costs incurred,the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the ATTACHMENT I: SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received.After approving the Invoice Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.9, and • An signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to: Contracts Administration Unit Department of Commerce PO Box 42525 °Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may,at its sole discretion,terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. Duplication of Billed Costs. if the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost,then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works loan exceed 100.00% of the eligible actual project costs.At the time of project completion,the Contractor shall submit, to the Board, a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works loan disbursement shall bring the total loan to the lesser of 100.00%of the eligible project costs or the total of$8,000,000.00. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, and interest rate. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, all funds in excess of City of Kent Page 10 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 100.00%shall be repaid to the Public Works Assistance Account by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 1.17. Repayment Loan repayment installments are due on June 1 st of each year during the 20-year fixed term of the loan. The first loan repayment is due June 1, 2012. Interest only will be charged for this payment if a reimbursement is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on June 1 st of each year during the remaining term of the loan. Repayment of the loan under this Contract shall include an interest rate of 0.50% per annum based on a three hundred and sixty (360) day year of twelve(12) thirty(30) day months. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before June 1, 2032, of an amount sufficient to bring the loan balance to zero. j In the event that the Board approves Contractor's request for a 5-year deferral as outlined in Section 1.5, then the first loan repayment is due on June 1, 2016. Interest accrues for the sixty(60) months after contract execution. The accrued interest only payment is due on June 1, 2016. Interest and principal payments are due on June 1 of each year during the remaining term of the loan. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without,penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.18. Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher, B. Project Reports at the end of each fiscal year, C. Certified Project Completion Report at project completion (as described in Section 1.11), and D. Other reports as the Board may require. 1.19. Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time. The Board shall notify the Contractor in writing of its determination to terminate,the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.40 Termination for Cause/Suspension. 1.20. Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.41 Termination for Convenience. City of Kent Page 11 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract I 1.21. Time of Performance No later than sixty(60) months after the date of contract execution the Contractor must reach project completion. Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating circumstances, the Contractor may request, in writing,that the Board extend the deadline for project completion. The Board may extend the deadline. i i The term of this contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. I I City of Kent Page 12 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract,the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "BOARD"shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and which is a Party to the Contract D. "Personal Information'shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses,telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State'shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms subcontractor"and "subcontractors" mean subcontractor(s) in any tier. 2.2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved ,budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101.336,ALSO REFERRED TO AS THE"ADA"28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6. APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. City of Kent Page 13 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 2.8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.9. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board's requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements Contractors expending$100,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards(GARS). The Schedule of State Financial Assistance must be included. The schedule includes: Grantor agency name State program name BARS account number_ i Grantor Agency contract number Contract award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity,the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board . City of Kent Page 14 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Board. • Copy of the Management Letter. 2.10. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing,fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required,as specified by the local building Department. 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as "confidential"by the Board; 2. All material produced by the Contractor that is designated as"confidential" by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law."Personal information' includes but is not limited to information related to a person's name, health,finances, education, business, use of government services, addresses,telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing,transfer, sale, or disclosure of Confidential Information.The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share,transfer,sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide THE BOARD with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request,the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. City of Kent Page 15 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 2.12. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right; title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials" means all items in any format and includes,but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract,the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,'distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor, 2.14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors: 2.15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days. City of Kent Page 16 Contract Terms and Conditions PC12.951.024 8/11/2011 Construction Loan Contract The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16.DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be j charged against any other contract, subcontract, or other source. 2.17.ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 2.18.GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19.INDEMNIFICATION To the fullest extent permitted bylaw, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents,employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,the Board, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state,and its agencies, officers, agents or employees. 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law,the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. City of Kent Page 17 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 2.22. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washinciton State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations—Liability- Limitations, RCW 4,24,264. C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service,Chapter 42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW G. Interlocal cooperation act, Chapter 39.34 RCW. H. Noise control, Chapter70.107 RCW. I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open public meetings act, Chapter 42.30 RCW. K. Prevailing wages on public works, Chapter 39.12 RCW. L. Public records act, Chapter 42.56 RCW. i M. Relocation assistance- real property acquisition policy, Chapter 8.26 RCW. N. Shoreline management act of 1971. Chapter 90.58 RCW. 0. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW, Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program,Washington State Department of Ecology. R. State environmental policy, Chapter 43.21 C RCW. S. State Executive Order 05-05 Archeological and Cultural Resources. 2.23. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.24.LIMITATION OF AUTHORITY ' Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25.LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. City of Kent Page 18 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract '.. I� 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract,the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 2.27,POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28.PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Projectfunded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor,shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.29.PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus,or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30.PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board, 2.31.RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. City of Kent Page 19 Contract Terms and Conditions PC12-951.024 8/11/2011 Construction Loan Contract 2.32. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33.REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34.RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35.SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36.SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. City of Kent Page 20 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 2.37. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,the Board in writing may: (a)require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the,existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. ' 2.38.SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. I 2.39.TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40.TERMINATION FOR CAUSE/SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed"for cause." Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period,the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a"Termination for Convenience"when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause,the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). I I City of Kent Page 21 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract 2.41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board,the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion,to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed,by the Board. Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. the Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. I I City of Kent Page 22 Contract Terms and Conditions PC12-951-024 8/11/2011 Construction Loan Contract ATTACHMENT I: SCOPE OF WORK i PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Kent PC12-951-024 Project Title: Tacoma Second Supply Filtration Plant A. PROJECT'S SCOPE OF WORK The project's scope of work is comprised of the following activities: The City will construct a domestic water treatment facility. This facility will provide drinking water that meets turbidity standards and protects the public from Cryptosporidium. Costs may include, but are not limited to, engineering, cultural and historical resources review, environmental review, permits, public involvement, bid documents, and construction that allow the City to meet local, state, and federal standards. i �I City of Kent Page 23 PC12-951-024 8/11/2011 Construction Loan Contract i B. ESTIMATED PROJECT COSTS ♦ s vim+ / �' � � z''t ," ',� k c v s -. i Engineering Report $1,300,000.00 Cultural and Historical Resources Review $25,000.00 (Section 106 or Executive Order 05-05) Environmental Review $150,000.00 Land/Right-of-Way Acquisition $0.00 Permits $2,000,000.00 Public Involvement/information $1.00,000.00 ' Bid Documents $9,000,000.00 Construction $134,000,000.00 Other Fees (Sales or Use Taxes) $15,000,000.00 Contingency: 20.00% $23,500,000,00 Other: Contract Admin/L.egai/Overhead $7,625,000.00 Other: Construction Management Services $6,400,000.00 Other: Start Up $900,000.00 Other: $0.00 TOTAL ESTIMATED PROJECT COSTS $200,000,000.00 ICI City of Kent Page 24 PC12-951-024 8/11/2011 Construction Loan Contract '... C. ANTICIPATED PROJECT FUNDING a "` �,„a A{iaS* 1x✓_ ` �a "` � +S # n xs au. 3n x x�+__�k { a x Y� °'1 r�' t, Grant#1 $0.00 Grant#2 $0.00 i Grant#3 $0.00 Grant#4 $0.00 I Total Grants ��s� �` �� � _ '��' �"` �" $0.00 , c � Non-Match Loan #1 Non-Match#2 Total Prior PWTF PreConstruction Loans This PWTF Loan Request Public Works Board $8,000,000.00 Other Loan #1 Kent DOH - 2011 DWSRF $2,000,000.00 Other Loan #2 $0.00 Other Loan #3 $0.00 Other Loan #4 $0.00 Total Loans � y>r " , $10,000,000 00 Local Revenue #1 Kent Reserves $1,430,000.00 SSP Partners (Tacoma Local Revenue #2 l_akeHaven, Covington) $173,000,000.00 Local Revenue #3 Kent Bonds/Internal Funds $10,570,000.00 Local Revenue #4 $0.00 Local Revenue #5 $0.00 Total Local Revenue ti $190,000,00000 Other Funds #1 _ _ $0,00 i Other Funds #2 $0.00 y Total Other Funds _ $0.00 _ i TOTAL PROJECT FUNDING $200,000,000.00 City of Kent Page 25 PC12-951-024 8/11/2011 Construction Loan Contract i ATTACHMENT II: ATTORNEY'S CERTIFICATION PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Kent PC12-951-024 I, hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the City of Kent (the Contractor); and I I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project onto enjoin the Contractor from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Date Name Address City of Kent Page 26 PC12-951-024 8/11/2011 Construction Loan Contract Z KENT HA r Agenda Item: Bids — 9A TO: City Council DATE: September 20, 2011 SUBJECT: Smith Street Left Turn Lane at Lincoln Avenue — Award MOTION: Move to award the Smith Street Left-Turn Lane at Lincoln Avenue Project to Road Construction NW, Inc. in the amount of $593,880, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, August 23, 2011 with four (4) bids received. The low bid was submitted by Road Construction NW, Inc. in the amount of $593,880. The Engineer's estimate for the project was $536,699.52. The project consists of road widening for the installation of a left turn pocket including asphalt overlay, new channelization, storm drainage, signing and other miscellaneous work. Conduit would be installed for future use. EXHIBITS: Public Works Memo dated 8/23/11 and area map RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project includes a federal grant that covers 86.5% of the construction costs. The City's share of construction would be roughly $80,000. Approximately $7,500 of the City's funding share would come from the drainage fund for new drainage facilities, with the remaining $72,500 coming from the sidewalk fund. Due to upheaval of the sidewalk in this area replacement would be required with or without the grant. The costs to replace the sidewalk alone would be about $95,000, and, without taking advantage of the grant, would be at City's expense. In addition to sidewalk replacement, the project includes an asphalt overlay of the intersection and approaches. The cost to overlay this section would be roughly $100,000 without the grant. Hence, the City can improve the roadway with new turn lanes, new sidewalks and a pavement overlay for less than the cost of new sidewalks or an overlay. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: August 23, 2011 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Smith Street Left Turn Lane at Lincoln Avenue Bid opening for this project was held on August 23, 2011 with four (4) bids received. The low bid was submitted by Road Construction NW, Inc. in the amount of $ 593,880.00. The Engineer's estimate was $536,699.52. The Public Works Director recommends awarding this contract to Road Construction NW, Inc Bid Summary 01. Road Construction NW, Inc. $593,880.00 02. Rodarte Construction, Inc. $611,554.25 03. Tucci & Sons, Inc. $714,642.25 04. Westwater Construction Company $739,455.00 Engineer's Estimate $536,699.52 %p���/ri✓j/i'C��/,r.%If/ IGi�j/,�/// '//':/i r �/ �»�"�/y%/�ll��ly�)J'/O%/��f r " �flJrlllll�rroll//l�Ilf���rd lJ% rr a ;/r�/ / ,f, Ir'r/// f po�,Yl r�l✓d//�,f 4/I/, ✓f2 %// /Yl9 ✓r� .I / /'%✓ ��/�r/�i ✓"i� � Y r1�7/; yl I/ i f�11 r��r' �,rl, � 4��f✓ r ur'f'�� Y � I a i I r I I ///� //pI f✓/ � uuuuuuuuuuuuuuuuuuuiiiiiiiiiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu V r✓ firii r %i IIII������������������������I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Z KENT HA r Agenda Item: Bids — 9B TO: City Council DATE: September 20, 2011 SUBJECT: Foster Park Pump Station — Award MOTION: Move to award the Foster Park Pump Station contract to Road Construction Northwest, Inc., in the amount of $828,849.30, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, September 13, 2011 with eight (8) bids received. The low bid submitted by R.L. Alia Co. was rejected due to error. The lowest responsive bid was submitted by Road Construction Northwest, Inc. in the amount of $828,849.30. The Engineer's estimate for the project was $849,132.81. This project is part of the Horseshoe Bend Levee Project and consists of installing a storm water pump station that will include a standby generator system and electronic communications system, shelter structures for the pump station generator and electrical facility. EXHIBITS: Public Works Memo dated 9/13/11 and area map RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Work on this project is included in the $10 million State grant for Horseshoe Bend. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: September 13, 2011 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Foster Park Pump Station Bid opening for this project was held on September 13, 2011 with eight (8) bids received. The low bid submitted by R.L. Alia Company was rejected due to error. The lowest responsive bid was submitted by Road Construction Northwest, Inc. in the amount of $828,849.30. The Engineer's estimate was $849,132.81. The Public Works Director recommends awarding this contract to Road Construction Northwest, Inc. Bid Summary 01. Road Construction Northwest $828,849.30 02. DPK, Inc. $884,486.25 03. Gary Harper Construction $989,313.61 04. Derian, Inc. $997,994.50 05. Rodarte Construction, Inc. $1,050,471.83 06. Westwater Construction Co. $1,068,090.38 07. Anthony Construction Co. $1,339,108.65 08. R.L. Alia Company $769,319.63 (rejected) Engineer's Estimate $849,132.81 J M a a PROJECT 00 W LOCATION 19 a- OC 7 = W � S 259rM Sr z ,� FOSTER PARK 4 i "� SITE PLAN CITY OF KENT ENGINEERING DEPARTMENT • 400 W. GOWE ST KENT, WA. 98032 FOSTER PARK PUMP STATION w•e. •a•o• SEPTEMBER, 2011 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES August 16, 2011 Committee Members Present: Jamie Perry and Les Thomas. Debbie Raplee was absent. The meeting was called to order by L Thomas at 4:02 p.m. Debbie Raplee gave concurrence on motions. 1. APPROVAL OF MINUTES DATED JULY 19, 2011 J Perry moved to approve the Operations Committee minutes dated July 19, 2011. L Thomas seconded the motion, which passed 3-0 with concurrence. 2. APPROVAL OF VOUCHERS DATED JULY 15, 2011 AND JULY 31, 2011. J Perry moved to approve the vouchers dated July 15, 2011 and July 31, 2011. L Thomas seconded the motion, which passed 3-0 with concurrence. 3. MOVE TO RECOMMEND THE CITY COUNCIL AUTHORIZE THE MAYOR TO SIGN THE TIBURON SYSTEMS ENHANCEMENT PROPOSAL AND ALL ASSOCIATED DOCUMENTS FOR THE IMPLEMENTATION OF THE NATIONAL INCIDENT BASED REPORTING SYSTEM. The Tiburon system was implemented in September of 2004. The conversion from UCR (Universal Crime Reporting) to NIBRS (National Incident Based Reporting System) in the City's Tiburon system is mandatory to comply with Washington State Reporting Requirements per WASPC (Washington Association of Sheriffs and Police Chiefs). Funding for this project was budgeted in the Information Technology Plan as adopted by City Council and will not impact the general fund. It is not to exceed the $82,220 goods and services agreement. The Statement of Work is included for review. J Perry moved to recommend the City Council authorize the Mayor to sign the Tiburon Systems Enhancement Proposal and all associated documents for the implementation of the National Incident Based Reporting System. L Thomas seconded the motion, which passed 3-0 with concurrence. 4. MOVE TO RECOMMEND THE KENT POLICE DEPARTMENT ACCEPT THE ADDITIONAL FUNDS IN THE AMOUNT OF $1,500 FROM THE WASHINGTON TRAFFIC SAFETY COMMISSION AND ADJUST THE BUDGET. Deputy Chief Painter provided a brief summary of the motion. The additional funds will provide officer overtime funding to conduct speeding enforcement. J Perry moved to recommend the Kent Police Department accept the additional funds in the amount of $1,500 from the Washington Traffic Safety Commission and adjust the budget. L Thomas, seconded the motion, which passed 3-0 with concurrence. Operations Committee Minutes August 16, 2011 Page: 2 S. MOVE TO RECOMMEND THAT COUNCIL AUTHORIZE THE MAYOR TO SIGN THE POLICE SERVICES AGREEMENT AND ESTABLISH THE BUDGET. Deputy Chief Painter gave an overview of the agreement. He started by noting that the service agreement is a renewal from last year. The Police Services Agreement between the Kent Police Department and the Kent School District for 2011-2012 will provide a Kent Police Lieutenant or higher (Director), to the District for the purpose of assisting with communication and logistics between the two organizations that relates to school safety. The District agrees to reimburse the Department $20,000 per agreement, spread across twelve (12) monthly payments of $1,666.00 each, applicable toward the Director's salary and benefits, which at all times shall be paid by the Department. The District will reimburse the Department upon submission of a monthly invoice to the District's Business Officer. The Agreement shall be effective on September 1, 2011 through August 31, 2012, subject to any prior termination as provided herein and unless extended by written agreement of parties. 3 Perry moved to recommend that Council authorize the Mayor to sign the Police Services Agreement and establish the budget. L Thomas seconded the motion, which passed 3-0 with concurrence. 6. MOVE TO RECOMMEND THAT COUNCIL AUTHORIZE THE KENT POLICE DEPARTMENT TO ACCEPT THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY GRANT AWARD IN THE AMOUNT OF $1,600,000 AND AUTHORIZE EXPENDITURE OF THE FUNDS IN ACCORDANCE WITH THE GRANT TERMS. The biennium WATPA 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 and the Kent Police Department is the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, King County Prosecutor's Office and two North Pierce County police agencies. The grant will fund personnel and equipment for the PATROL Task Force. The award will be divided evenly for each of the two grant years, at $800,000 each year. The award is for a two year period and is funded by $10 of every traffic citation across the state which has been directed to WATPA. The award period is 7/01/11 through 6/30/13. The funds are awarded on a reimbursement basis. 3 Perry moved to recommend that Council authorize the Kent Police Department to accept the Washington Auto Theft Prevention Authority grant award in the amount of $1,600,000 and authorize expenditure of the funds in accordance with the grant terms. L Thomas seconded the motion, which passed 3-0 with concurrence. 7. SUMMARY FINANCIAL REPORT AS OF JUNE 30, 2011 (INFORMATION ONLY) General Fund Summary Based on information available through June, revenues are estimated to end about $1,938,522 or 3.2% under budget, while expenditures are projected to end the year about $2,438,055 or 4.0% below the budget. This results in a projected ending fund balance of $2,083,820 or 4.0% of the Operations Committee Minutes August 16, 2011 Page: 3 expenditure budget. L Thomas commented that is far from council's desired safety net and would be worse if the $4.94 million from the RFA being formed wasn't in there. Revenues While sales tax revenues are showing a slight improvement over past years, overall revenues are estimated to end about $1,938,522 or 3.2% under budget. Revenue highlights include: • Sales Tax revenues are expected to exceed projections by $308,065 or 1.8% over budget, continuing the slight upward trend observed over the past few months. J Perry noted this is on track. • Utility Tax revenues are trending to come in approximately 7.1% below budget. This continues to be a concern for J Perry and she would like to see an adjustment next year so revenue is closer to actual. • Telephone utility tax revenues are coming in about 9% below budget due to an increase in the amount allocated to the annexation area. J Perry noted that this revenue will continue to drop as people increase their cell phone use. • Electric and gas are higher than this time last year due to a colder spring, but are still trending to end the year 2-5% below budget. Bob noted that PSE is proposing an 8% increase which, if adopted, will cause our utility tax to increase considerably. • Garbage is trending nearly 20% below budget, due to the lagging construction industry and the impact of the new garbage contract that went into effect on April 1st. • Building Permits and Plan Check Fees continue to be negatively impacted by the deterioration in the building industry. Both are trending to end the year near the 2010 actual, or about 6% below budget. We continue to work with Economic and Community Development to strategize long term solutions. • Recreation Fees have shown an improvement, but are still trending to end the year $80,000 under budget. • Miscellaneous revenues are running approximate $910,000 under budget, largely due to continuing low interest rates and the available cash to invest. Expenditures Current projections, based on individual like item expenditure trends, end the year about $2,438,055 or 4.0% below the budget. B Nachlinger noted that expenses year to date through June are 11.4% below the level of last year, compared to budget. Expenditure Highlights include: • A lag in hiring is expected to result in Salaries & Benefits savings of at approximately 3% below budget. • We continue to work with department staff to identify potential areas of saving in Supplies and Services &Charges. Currently, these areas are trending approximately 3-4% below budget. L Thomas questioned who would be paying for the removal of the sand bags, which J Hodgson replied the city is still negotiating with King County. The estimated cost for removal is $3 million. The meeting was adjourned at 4:18 p.m. by L Thomas. Pamela Clark Operations Committee Secretary Z KENT W� �T.l ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES JULY 11, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger. Chair Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Albertson Seconded a Motion to approve the May 9, 2011 Minutes. Motion PASSED 3-0. 2. Kina County Veterans & Human Services Renewal - Resolution Housing and Human Services Planner Jason Johnson presented the Housing and Human Services Commission's (HHSC) request that City Council support the renewal of the King County Veterans and Human Services Levy. He stated that at the June 2011 meeting of the HHSC, there was a unanimous vote to support the levy renewal. The Levy renewal is on the August 161h Ballot for Kent residents to vote on starting July 29th. Johnson stated that the Levy has been in place for four years. Fifty percent of the Levy funds are dispersed to serve disabled Veterans and their families, and fifty percent of the funds serve low-income basic need programs, homelessness prevention, mental health, and other medical services. Over 2000 Kent residents have utilized these services. Forty percent of all clients served by the Levy are from South King County. After deliberations, Councilmember Albertson Moved to forward the resolution to Kent City Council that supports and endorses King County Proposition No. 1, the Veterans and Human Services Levy Renewal. Councilmember Ranniger Seconded the Motion. Motion PASSED 3-0. 3. Permit Process Improvements and Fees ECD Director Ben Wolters stated that Building Official Bob Hutchinson, Permit Center Manager Kimberlee McArthur, Principal Planner Matt Gilbert, and Senior Development Engineer Sean Wells will present information related to what has been and what is currently happening to improve the permit process. Wolters presented concepts being explored to help recover additional fees for services currently not being charged to applicants. Hutchinson stated that in the permit process staff reviews permit applications, issues permits, and performs inspections. The basic premise that we operate from is that we are protecting people and property by verifying that development and construction meet the minimum codes, the standards and policies, and adopted plans that regulate it. Permits are just a tool for that. Hutchinson advised that some of these codes are imposed by State or Federal Government, and some are enacted locally. Some of the policies are those that are carried out in the permit process to further the Council's vision and direction. Hutchinson stated that the Permit Center coordinates with the various divisions and departments which includes Fire Prevention, Planning, Development Engineering, and the Building Divisions. These divisions team up to address and resolve customer service issues as they arise. McArthur stated that more permits are issued across the counter now than has historically occurred. She stated that permits are now issued for office space additions over the counter, reducing the issuance time from 21 to 0 days. McArthur stated that early concept and initial plan review meetings, streamlining environmental review, and establishing project vesting at the counter has produced a less complex and quicker review process, and provides customers with better service. Hutchinson spoke about the implementation of an on-line quarterly customer satisfaction survey. The City has received 73 to 87 percent positive response from the most recent survey. In addition to inviting public comment, staff is measuring actual time from submittal of an application to the issuance of a permit citing reductions in issuance time. Hutchinson stated that more on-line plan review submittals are occurring at this time. He stated that the City is preparing for an AMANDA software update program that will implement on-line permitting and provide a base for submittal, review and issuance of permits. Principal Planner Matt Gilbert stated that customer service is time-intensive and since the City's revenues have dropped, staff is evaluating what can be done to sustain the city's level of service. Gilbert spoke about the guiding principles for revising fees; delivering value through quality customer service, charging for services that create economic return, achieving a sustainable level of cost recovery to reduce reliance on the general fund, and remaining competitive with peer cities while being sensitive to market conditions. Currently the City is only at 40% sustainability and needs to increase that to at least 60%. Senior Development Engineer Sean Wells spoke about various strategies staff are considering to move the city towards reaching a sustainable funding model. He discussed implementing a base fee for permit review with the addition of a surcharge for more demanding projects, charging for some permit-related services presently provided at no cost, passing the cost of publishing public notices on to the applicant, taking over review and inspection of electrical permits from the State, and adding a 3 percent technology fee. Director Ben Wolters stated that Kent's fees are among the lowest compared to other cities, stating that the proposal to increase fees would be included in the Mayor's budget proposal After deliberating, Councilmember Perry asked that staff report back to the Committee with more detail on the type of projects that would be considered for fee increases as well as what other communities are doing, and what the impacts would be on businesses. Wolters stated that a report will be presented to the Committee on the current status of permits that staff is tracking. For Informational Purposes Only 4. Economic Development Strategic Plan Update Economic Development Manager Kurt Hanson, along with Lisa Corrado, Director of Community Attributes International (CAI) spoke to and submitted two reports. First was a Draft Economic Development Goals & Strategies report and second was an Interim Findings document to the Committee profiling 5 Goals for Kent's Commercial, Manufacturing/ Industrial, and Retail business community. Hanson encouraged the Committee to directly contact himself or Corrado after they have had an opportunity to read the reports. He stated that these preliminary goals will be the topic of discussion at the first of two forums scheduled for September and October, 2011, where input from the business community will be encouraged. Hanson stated that the City contracted in April 2011 with CAI and whereby Corrado addressed the Kent Economic Development Plan Interim Findings from the City of Kent's Commercial and Industrial Profile. For Informational Purposes Only Adiournment Committee Chair Perry Adjourned the Meeting at 6:45 p.m. Pamela Mottram, Secretary Economic &Community Development Committee ECDC Minutes July 11,2011 Page 2 of ..00� �✓ KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES SPECIAL MEETING July 27, 2011 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5:34 PM. • Les Thomas was absent, Jamie Perryjoined the Committee Members from the audience. 1 . Recent crime activity — I NFO ONLY Chair Ron Harmon read a written statement explaining the purpose of calling the Special Meeting is to update Kent residents on a gang-related shooting that occurred in Kent on July 23rd. He stated that Chief Thomas will provide an update on the investigation and a plan to be proactive to ensure this type of activity won't occur again in Kent or the local area. As an elected official, Chair Harmon stated he feels it's critical to see that city government provides all residents with current updates and Kent's proactive plan to ensure a safe community. He stated this is a both a local and regional problem. Dennis Higgins read a written statement expressing his thanks for the outstanding job on Saturday by the police officers responding to the incident and that he understands the detectives are not resting until arrests are made. He thanked Police Chief Thomas and the Mayor for keeping the council members briefed over the weekend. D. Higgins stated the foremost duty is to protect citizens and that enforcement and prevention are both necessary. He stated that intervention should occur in schools at an early age and that we should work to prevent kids from wanting tojoin gangs. D. Higgins stated that while the incident happened in Kent, it's a regional and national issue and that we need to work in collaboration with our neighbors. Chief Thomas stated that he attended a regional meeting of over 70 Law Enforcement executives which was held at the Criminal Justice Training Center earlier in the day. Attendees included local valley agencies, King and Pierce counties, federal agencies and Yakima representatives. The short term plans developed at the meeting include getting the most dangerous, violent suspects off the street. He stated investigators are making significant progress. The immediate plan is to enhance what we already do by putting certain measures in place starting today including criminal intelligence coordination which will be centered around the resources of the King County Regional Intelligence Group. He stated this is not about race; that a contingency of investigative enforcement, including the Feds, will specifically target the type of crime, the most violent and dangerous offenders. Chief Thomas stated law enforcement will be getting out in front as best we can by taking the fight to the criminals. Chief Thomas stated work will be done with the Washington Association of Sheriffs and Police Chiefs and legislative representatives on future legislation and grants to combat gangs. Chief stated the police department continues to provide officers to teach the G.R.E.A.T. Program (Gang Resistance Education And Training) to fifth grade students in some of the Kent School District middle schools. The Department also has two School Resource Officers assigned in middle and high schools. The meeting adjourned at 5:55 PM. Jo Thompson, Public Safety Committee Secretary PUBLIC WORKS COMMITTEE Minutes of Monday, August 15, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Dennis Higgins and Ron Harmon were present. The meeting was called to order at 4:02 p.m. ITEM 1 - Approval of Minutes Dated August 8, 2011: Councilmember Harmon MOVED to approve the minutes of August 8, 2011. The motion was SECONDED by Higgins and PASSED 3-0. Item 2 - Information Only/TMP Citizen Committee - Update: Mike Miller, Chair of the TMP Citizen's Committee went over the highlights and progress the TMP Citizen's Committee has accomplished to date. He passed out a packet to each committee member with information from previous meetings. A summary of the committees work is as follows: • Met four or five times since the last update. • Good attendance at meetings except for absences due to vacations • There has been a lot of good input • Staff has attended various meetings to talk about: • Employment growth projections for the City • Funding of projects and input. Talked about different highway project and funding for them. The TMP Committee gave staff their top 23 items that they would like included in the 6-year plan. • Historical figures on transportation funding for the past 12 years • Ben Wolters is scheduled to speak at the August 16 meeting • Committee members rated TMP projects, 10 being the highest and 1 being the lowest. • The top 10 projects that the Committee came up with totaled almost $24 million and the top 23 projects totaled $101 million. • There are no railroad grade crossings on the list • There has been significant discussion with staff about 2281h Crossing over the UP tracks and why in the long run it's an important project. • Ben Wolters will be talking about and clarifying TIF questions, at the next meeting • Finalizing recommendations of items discussed • Funding discussion - talked about bond issue and how, in these times, do you go out for a bond issue for $100 million? If you don't, then the funding for these projects is up in the air. A lot of the projects on the list do not have matching funds. • Maintenance - you can't come out with a capital plan without maintenance. The consensus of the committee is maintenance should come out of general fund. • Not in favor of a car tab funded Transportation Benefit District. • Talked about committee continuing on a long term basis • It was mentioned that Tom Sharp is an advocate for a street utility tax. However, from what the Committee has heard, that isn't an option statewide. • On Sept 6, the TMP Citizen's Committee is scheduled to make a presentation to the full council at a 5:00 p.m. Council Workshop. Councilmembers thanked Mike and the committee for all of the hours and research they've put in and for their outstanding work. Miller stated that he and other committee members are thankful for the opportunity and that the members are vested in the process. Information Only/No Motion Required Page 1 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, August 15, 2011 Item 3 — Puget Sound Energy (PSE) - Easement: City Engineer, Chad Bieren noted that this is a related easement to the easement that was presented at the previous Public Works Committee meeting. He noted that like the other easement, this one is based on increasing demand for electricity. Puget Sound Energy (PSE) is developing a new power substation in Tukwila, on the west side of the Green River. New overhead power line will be constructed this fall to meet this demand and provide increased reliability for its system serving Kent. This easement will allow PSE to construct aerial power lines around the Briscoe Levee, which is owned by Kent. The easement includes provisions to allow for levee repair and construction with the lines in place. If levee repair work is required near the 3 lines, PSE will accommodate the work at its expense. Higgins MOVED to recommend Council authorize the Mayor to sign an easement allowing Puget Sound Energy to place overhead facilities on City property at the Briscoe Levee upon concurrence of the language therein by the Public Works Director and City Attorney. The motion was SECONDED by Harmon and PASSED 3-0 Item 4 — Contract/Central Avenue South Sidewalk Replacement & Storm Water Forcemain — Materials Testing and Inspection Services: Construction Supervisor, Paul Kuehne showed an aerial photo of the project. He stated the project includes removing and replacing a significant amount of concrete sidewalk, curb and gutter and commercial driveways and installing approximately 4,300 feet of 18-inch storm water pipe that will eventually be connected to a larger pump system at James Street, east of Central Avenue. This is the first phase of a three phase project; that, when completed, will provide relief of roadway flooding at James Street and the Senior Center during peak storm events. Sound engineering practices dictate that rock, asphalt and concrete are tested to insure they meet specifications and that trench backfill materials are compacted to the required density to support the new concrete sidewalk and driveways. Jason Engineering and Consulting Services, Inc. has the certifications and expertise to perform the work. Higgins asked about the tunneling alternative to this project. LaPorte stated that tunneling was looked at, but due to the soil, the current plan is the most desirable option. He noted that the risk is great that a obstacles could be encountered during tunneling at a much greater cost to the project. Harmon MOVED to recommend Council authorize the Mayor to sign a consultant contract with Jason Engineering and Consultant Business, Inc., in an amount not to exceed $66,725.00 for materials testing and inspection services related to the construction of the Central Avenue South Sidewalk Replacement and Storm Water Forcemain Project subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Page 2 of 3 PUBLIC WORKS COMMITTEE Minutes of Monday, August 15, 2011 Item 5 — State Grant for Commute Trip Reduction Law Implementation: Senior Transportation Planning Supervisor, Cathy Mooney noted that the agreement is a housekeeping item with the State. The City is required by State Law to enforce the regulations related to commute trip reduction (CTR). The purpose of the agreement is to allocate two years of funding for the 2011-2013 state budgeted biennium. The City pays for its efforts to enforce the state law, and then is reimbursed by the State for costs incurred. This is a funded mandate with no required match. Higgins Moved to recommend Council authorize the Mayor to sign the Transportation Demand Management Implementation Agreement, Washington State Department of Transportation #GCA6894 for the term July 1, 2011 through June 30, 2013, upon concurrence of the language therein by the City Attorney and the Public Works Department. The motion was SECONDED by Harmon and PASSED 3-0. Item 6 — Information Only/Transportation System Operations - Update: Transportation Manager, Steve Mullen gave an informative PowerPoint presentation on traffic operations and maintenance, focusing on traffic signal systems. He explained what is required to keep the traffic signal systems functioning, how a traffic signal operates and how traffic signals can be coordinated to provide smooth traffic flow and minimize traffic congestion. He introduced his traffic signal systems staff; John Rostad, Dan Carpmail, Jay Crisostomo who were present and Mike Sorenson who was unable to attend the meeting. Councilmembers thanked staff for their hard work and the hours they put in. Information Only/No Motion Required The meeting was adjourned at 5:01 p.m. Cheryl Viseth, Public Works Secretary Page 3 of 3 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION