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Home My WebLink AboutCity Council Meeting - Council - Agenda - 12/13/2011 CITY OF KENT AgendaCity Council Meeting December 13, 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 December 13, 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. Special Legislative Session Update Doug Levy 20 minutes 3. Legislative Platform Michelle Wilmot 30 minutes ********************************************************************** COUNCIL MEMBER RECEPTION - 6:30 p.m. ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of Valley Communications Center Director 5. PUBLIC HEARINGS A. 2012-2017 Six-Year Transportation Improvement Program (TIP) Resolution - Adopt 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Kent Downtown Partnership Contract - Authorize D. Thunderbirds First Amendment to License Agreement - Authorize E. SMG Amendment to Kent Event Center Sales, Marketing, and Operational Management Services Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. Van Ness Feldman Federal Lobbyist Contract — Authorize G. Premera Blue Cross Administrative Services Contract — Authorize H. Group Health Cooperative Medical Coverage Contract — Authorize I. Washington Dental Service Administrative Services Contract — Authorize J. 2011 City Art Plan Reassignment of Funds — Approve K. AECOM Contract, Boeing Levee — Authorize L. URS Corporation Contract, Upper Mill Creek Dam Improvements — Authorize M. Parking Revision Ordinance, Fern Crest Development — Adopt N. Blue Boy Reservoir Seismic Retrofit — Accept as Complete O. Horseshoe Bend Levee Improvements — Accept as Complete P. Central Avenue Plaza Bill of Sale — Accept Q. Eastman Consultant Contract, Boeing Levee Appraisals — Authorize R. Granger Company Consultant Contract, Boeing Levee Appraisals Review — Authorize S. Rittenhouse Consultant Contract, Boeing Levee Right-of-Way Acquisition Services — Authorize T. Gray & Osborne Consultant Contract, Guiberson Reservoir — Authorize U. Meeker Street Speed Limit Revision Resolution — Adopt V. Government Relations Consulting Services Contract, Outcomes by Levy— Authorize W. Public Defense Conflict Counsel Agreement Amendment, Jordan Law Offices — Authorize X. Public Defense Services Agreement Amendment, Stewart Beall MacNichols & Harmell — Authorize Y. Goods & Services Contract, Allied Telesis, Inc. — Authorize S. OTHER BUSINESS A. Municipal Court Judge Appointment B. Midway Subarea Plan, Comprehensive Plan, Zoning, and Design Guidelines Ordinances C. Medical Cannabis Moratorium Extension Ordinance D. Medical Cannabis Zoning Ordinance E. 2011 Tax Levy Ordinances for 2012 Budget F. 2012 Operating Budget Ordinance and Fee Resolution and Ordinances G. Comprehensive Plan Amendment to Include 2012-2017 Capital Improvement Plan Ordinance H. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 Ordinances regarding School Impact Fees 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 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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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Valley Communications Center Director KENT Agenda Item: Public Hearings - 5A TO: City Council DATE: December 13, 2011 SUBJECT: 2012-2017 Six-Year Transportation Improvement Program (TIP) Resolution - Adopt MOTION: Move to adopt Resolution No. approving the 2012-2017 Six-Year Transportation Improvement Program (TIP). SUMMARY: This Resolution would approve the 2012-2017 Six-Year Transporta- tion Improvement Program ("TIP"). The 2012-2017 Six-Year TIP represents the City's detailed transportation improve- ment program for the next six years. The total cost of the projects on the list is $248,390,100. This is a reduction of $363,875,000 from last year's transportation improvement program, which reflects the current and near-term economic condition. It includes street, bicycle, pedestrian, traffic signal, and transit improvements as well as street maintenance and preservation projects. Including these projects in the Six-Year TIP allows the city to keep existing grant funds, continue looking for new funding partners, and apply for upcoming grants. EXHIBITS: Resolution and Six-Year TIP 2012-2017 RECOMMENDED BY: Public Works BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2012 through 2017 Six-Year Transportation Improvement Program. RECITALS A. After proper notice, the City Council of the City of Kent held a public hearing at the regular meeting of the City Council at 7:00 p.m. on December 13, 2011, to consider public testimony on the City's proposed 2012 through 2017 Six-Year Transportation Improvement Program. B. Having considered public testimony to the plan, the Council would like to adopt the 2012 through 2017 Six-Year Transportation Improvement Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Adoption. The 2012 through 2017 Six-Year Transportation Improvement Program, set forth in Exhibit "A," which is attached and filed with City Clerk, is hereby adopted. 1 2012-2017 Six Year Transportation Improvement Program PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 13th day of December 2011. CONCURRED in by the Mayor of the City of Kent this day of December, 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of December, 2011. BRENDA JACOBER, CITY CLERK P:\Civil\I sol ution\SixYea rTIP2017.docx 2 2012-2017 Six Year Transportation Improvement Program CITY OF KENT WASHINGTONO MODIFIED DRAFT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM. 12 -. 2< !7 Mayor Suzette Cooke Timothy = LaPorte, ±, Director of Public Works O T CITY OF .KEN SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 - 2017 — Table of Contents: 1. Resolution adapting the 2012 2017. Six Year TIP , Introduction .. Listing of the Projects 4, Project Descriptions . flap of the Projects 6. Contact Information On the. cover-. 841h Avenue S (East Valley Highway) CITY OF KENT' SIX YEAR TRANSPORTATION f' 1 - 1 This page intentionally left leak For Resolution CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM , - 2017 Introduction What is the Six Year TransD+art ti n...1raiplq'~rem nt Program (TIP)? The Six-Year Transportation Improvement program (TIP) is a short-range planning document that is updated annually rased on needs and policies identified in the city's adopted Comprehensive plan and the 2008 'Transportation Master Plan. It represents Ke:nt's current list of needed projects that may begin work in the next six years. The document also identifies secured or reasonably expected revenue sources for each of the projects for which funding i is currently known. The TIP serves as a draft work plan for the development of the local transportation network,. Mandated by State L State iaw requires that each city develop a local TIP, that it be updated annually (NPCW 35.77,010), and that it be submitted to the State department of Transportation not more than thirty days after its adoption, It represents an Important (planning component under the state's Growth Management Act. For cities to compete for transportation funding grants from Federal and State sources, most granting agencies require that projects be included in the TIP. PIf?w..ss th?e 1?r7Q.17 TIP different from p revuwawus y grs,?, The 2012-2017'Six-Year TIP does contain substantive changes from last year's Program and is being adopted rnuch later in the year. In response to a multi-year eccononnic downturn which has reduced locail revenues available for transportation improvements and the reaiization that fewer (Federal and State grants w 111 become available for local transportation projects in the near six year firmeframe, Courncil invited a Citizen Advisory Committee to review the Draft 2012-201.7 Six-Year TIP. This Committee met 11 times over four months and made recommendations to the full Council in September of 2011 . This TIP reflects the findings of the Citizen Advisory Cocmrraittee recommendations by Incorporating a number of intersectlon irnprovearnents from the Transportation Master Plan project list and deferring a number of the roadway widening projects that were on last yeaCs TIP but have no funding identified to be postponed until the next six-year period. CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENr PROGRAM 201.2 - 201.7 Protect project Name Number Prgjecf, Location and Extent 1. ,Smith Street and Lincoln Avenue Intersection Improvements 2. Kent Kana2ley pedestrian Safety Improvements 1001 Avenue ✓E to 124r"Avenue SE S. Southeast 256tar Street Widening, phase II SR 516 (Kent Kangley) to 116"' avenue Southeast . South 228`h Street/Union pacific Railroad Grade Separation Grade separation crossing at Union Pacific Raifroad S. 72'"d Avenue South Extension South 20V Street to :South 1961" .Street 6. South 2201 Street Extension 64af' Avenue South to 100' venue Southeast (Benson Road) (SR 51 S) 77 SwawK 21.1 k.t" ee , lehat� m �a i llntlr� m°ndP-Se . , 'on Grade •iepwraa ,)ti an cft,)��In l.,at Union Pacific Ra&e)frM1 Y, Central Avenue South Improvement project Green River Bridge to Feast Wifdis Street (SR 516) Willis Street and Central Avenue Intersection Improvements i ®108ea' Avenue Southeast Extension Southeast Kent Kangldey Road (.Sid 516) to Southeast 256P1' Street r�-A10, __Military Road South at Reith Road Intersection .drnprovernent t..2.m �'�eilanStrooe , Ilt•V'1-tS),fi�tuoduataar�atir° lad�lllrare°mrffiidauiridaSa�awoau°ratter (;ra dw 'ur^Irrraa°rtfd°ara ("Yos5dn,l.at,0,niewr (,,1JPr"R9 ft 1a, a.a Sm ith Sbeet and Central Avenue Intersection Improvement Intersection Operations Enhancement I, % 1 ,° ...,..SE 208" Street and 108'h Avenue S (Sly S S f Henson Highway) Intersection Improvement Intersection Operations Enhancement CITY OF KENT SIX YEARTRANSPORTATION IMPROVEMENTPROGRAM 2012 - 2017 Project Project Name Number Project Location and Extent ,I S. 212"' Street and 72nd Avenue South Intersection Improvement Intersection Operations Enhancement 240" street and 104t" Avenue SE (SR 515 Benson Highway) Intersection Improvement Intersection Operatioas Enhaocernent 7- Ater-St.reetWifle"hiti Mest,-Pllee d4"' Avenoe 6ovth ki Road Soutft Widen i nq South. Meonf 1,— 13211d Avenue Southeast Widening ® Phase I Kent Kangley Road (SR 516) to Southeast 248'J' Street nd Avenue Southeast Widening - Phase 11 Southeast 248 h Street to Southeast 240h Street Kent Kangley Road and 132od Avenue SE Intersection Improvement Intersection Operations Enhancement 260"' Street and Pacific Highway South (SR 99) Intersection Improvement Intersection Operations 1-nhancernent 256t" Street and 104t" Avenue SE (SR 51.5/8'enson Highway) Intersection Improvement fr7tersection Operatloos Enhancement Kent Kangley Road and 108"' Avenue SE Intersection Improvement Mteisection Operations Enhancement 212tH Street and 84"' Avenue South Intersection Improvement 1"r7tersection Operations Ephoocarnent Meeker Street and Washington Avenue Intersection Improvement Inter-secOon Operations Enhancement CITY OF KENT SIX YEAR TVANSPORTATION Ib1rl1'R8JVL:i4'I1{",NT PRCIGRAM 2042 - 2017 Project Project blame Number Project Location and Extent .._South 272od Street and Military Baud Intersection Improvement Intersection Operations Enhancement tug, 2,, mew•, q^. �rmt�rw� u�pv,�am�,ru deiur' ven^ue ,s(xP'Nr,dr906 .W")y "ioul"h ,. ... rwwwttwe,i 2i 41wrn. wwwatl cww st 212ww Street Intprovements 31r Street Preservation Program Ongoing Citywide Program 'Ongoing Residential Traffic Calming Program Ongoing Citywide Program 2 " Traffic Signal Management Program Ongoing Citywide Program ?" Miscellaneous Intersection Improvements Ongoing Citywide Programs ",4 >8. Comprehensive Plan update Ongoing Citywide Program Channeli ation (Street Markings) Improvement Program Ongoing Citywide Program „Bicycle System Improvements Ongoing Citywide Program 3:_1 itlevralltsP Sidewalk Repair and the Americans with Disabilities Act Compliance Program Ongoing Citywide, Prograrrr 111 Guardrail and Safety Improvements Ongoing Citywide Program i"3, Community Based Circulating Shuttles Ongoing Citywide Program CITY OF KENT SIX A"1+,.AR 'fRANSPORTA°ION 1M1'R1, VEMEiW'I" PROGRAV1 2012 - 201.7 Project Project Name Number Project Location and Extent ', .... .Transit Now Service Partnership Program Ongoing Citywide Program Railroad Quiet Zone for Downtown Urban Center Ongoing Citywide Program .i...©IB.I@.R 0.a.00 .0H HWeeeCC..'..1.®...91E..R.Y9R gMWPo......A.....W1..........Y...a e..e..R H9pYYM px OF KENTModified Diraft S,,, #X YE'ARTRANSPORTATION IMPROVEMENTPROGRAM YEAR� 2012 PROJECI M : SlInkh �1111 cel aild RAIrcobt Avenue Interseeflon hupi"weaRlif jwsc,im vrPON- W'iclen �rnilh Sixceulhwoh) Avcime to prcvine. a len nirn d�,me from nooll,fl),ound I incoln Sillilh strq""o ombo nol low und Lincohl Y[w proa , (n indvides reconsilrucilion of a�,Vjs6ng �,Iprb, gwlor and sidcoolks along, Sntilb swco and hncoh� A�crw,. PROJEt'T It 10S V: Prc9iin4iary ... ... VT)�o(0 Pught of Wwd Aoquisiiion - $53,00() FUNDINC SOURCE(S):: SJ P (J ty f,,)r K�,,W 11"ROJIM 'T JUS'll 11 ICATHM phiii prn�pct wifl illurnow, uilfrx., Hov, rvhhiu Ijlta KI".1a (h ban Ccwcr mid inquove, aces to the Kem ransit Ceflk,,I md Ol lhmaltcmv hu incss ilk,"16a. 'I hi" eft kun 1,,,ockO W Sm& ,ind V.jncoln SIwos avRl f,Wddxc ihe redevelopmem of a pc,rdon off<Inp Cotmi.�,, NItt-o 1 Nws4's Palk ;,md Ride Lui, A I P Allelm I I Inp I knel I tvj it Pwgulm tS I CM Aar Congcq I km Mjiigalwii ill I�,A 4 QuA I ty I 'L(kvo I I,FAS"I -I rc�gjll 1�aiuwl 4Ij uiq') :ill I"Vcrvl I III CJI,mI*l Coijldv�WSM Frei p 1i I KI ob I V ily K trdeg is I nveq I i i i oil r I l 4in rd I yIvile 1,T FA FLA,,m I I mis�t Adin i i sls I nit ia 11)1'I-edut a I I HES 11"walif HilydIlWou ",I I,III S1 Symivwi 11'cdcralj„LF Item mlinyvvimilt Dislud. PINI 1P Public Woll I"i R I I .1m] 1 oa I a tS'"ItC,1:' I' , SJl I 61LV TIMID IIM Q ii I wil Pi ogjum I Feda Ii I[; YJA 'Friumpurlani,oa fin powmcw A Lull Im I i m - Tralispwifiliml Irrnpruvmrnmisl Rokird[iEdcj, I"PP 'I Ianql�uklfiogi Pillillcidlip Pmpam Isloicl CITY OFKENI' Moiffified Drarl SIX VIVIV 2012, Pimawr W Kent A. PlIelY f1dMil sakly 10 Leh d vowue Sk Iv 12 0A N"we Sh,' lots( HIP11010 AM twO )ION lwkleswiall of Klent Kangley Rci,,rd will wc(lian Mge islands :uW Rcaiongll Rapid Flashliog Ficacorl Re,"Wl cnmswWks and slop bars, luppiflde j$CdVMl'UIA'I 4 1:Mlllkkl'WIO nwage mobiles wid Americans %vidt Disubilky Arxessillh,, 4ADA) slandm-d pedesi6an Imsh Mums MY wr a lcltol of 8 dial, MU be hnpmvml by M Qm, and popva Agmq�),c eNllpi be updawd alwq..� the ernlre jmrjlccr lengolla. FhiS f)I-QjCCl 11184) i1sClUtICIS CdigCOfioil ,llld (likircellicril ek-niews, PROJE112T il lli-cfinoinary Fngiwicei-irip ..... 374,0100 COMill Ul ...._S3C2,0100 70TW.........—---------$4 Kona FUNIMNIC SOUHCE(S); Slaw i k1paronel eat` l runsjl PlMil"(71, JUS FMCATIONl Kent Kant.iky MY (Sk 5161 is one of dw intra dwisely Imptilulml CxMidoonkilie0l, Ilmsewlionhwi lWh Ave SlAin UFAveSF ka rcwgu,sJv,d, miso.1 land usu, Minuipal A.MeAl dva is a kignmed l RMIQ GlLlol'uMly OFMAng eat as I uYvI W Scrv& (LOS) E Owl the PNI flelrk. Aflat lm§mly of lunnitrt porldon n? SIR 116 W high dcnsity iril lionsirg lbat ge"CloW's a ,alhsmlliiA anwoila hlR pokAhan wank TV Won of llcrl Uli&y is a higli bomdhag [lv halisk and i., ako "I popok", for ser600 coizt�l dtio, to floc; fllg,h aeulareamlauu ildaitt qd shrjj:61P,, fa(Al6C,,;, harks, rwdlcal officcs wid soniou hoolsang. Ylle lnoic( i "Irca incluadew awo gat, the highest coAlisloll incidell [ocaljoros ill Ihe ITY ( loth Awntic SE ojr 25fi'r Stl himl 1 161"' Aveotw S t0 Kont Kanoey Roady The l of colliskns YqwrWd in A product owu Ihnn 20MIZU08 h)u.:ctoncd di hilt, this daylighl Boors eA,ith Pu(Jeslill, ovcr dw of 18, Uds P11jed WHMPIMC sawly thnough Te owwwohn of thew cplgincefiag c.ombined wilfir educllflon and OMr)rcowelto. 1� I uor 13("wrioll 1:M s,In-I rClift Moll J I Siralq $1 Boad[�.,IWJ,FTA Nodc a I Yj nnqifl AkInfli igirn[vi I I rtdcral], ,ie Us HS FuNiv WksowivimitoanywoosrP wicermoNmawlPloyamll I"I Fw Pol mnun 1 111)]sH) MCNII I 1""I l'T—1 UIIIS,�llhtfl 11001 PIIJ tiWIN11111P PI op]11111 I'M Iw) cury OFIKENT' Modifled Draft WXY111111, TRAMPORTATION I Nil?IMI/E N1 EPO' 111MG RA M YEAT 2012 P110JECT 41: Noulbenst 256"' SOrvtq WWoiiivig, Phws( W J) 16 (Kem Kengky Road) to 116"' Avenj.je Sokahvw,l IMM WIP11ON: (AMM a dhnu e line roadway Wri SR 516 (Kent Kengky 11mul) to l 16'"' Avuite�' This piviccii includes bdo e. lailvs oA Nkolh r'Ides ol the madwuy. [he pi(jeel will includU minsinickm of Woddh puing: vinvue ciu& guHurq and sidewWks; wo HOAQ siorni andseaphag, Hfilities; and PIM11 VCTCOSI! Pruhinbury EaWnewhig......3 1 A0110M) Right of Way Acquisilion ......- A1,5()0,000 vYrAL................57AD1N,OW) FUNDDING SOURCE(# City nf Kxn[ I Acal hnpovemeni JANCL I M PIMECT JUMP 1COMON; Nwhow 256" Sired k n twu4am� rawdway "kh uua, corbs, p0ers or sidevulks and a WAIM surcui 11H symon IbiAng IKuk W, die roadwaN Comma avvin"Mid"ge 1he waf"5c dlie lo this, kirge nmnber ofyehi& Mocking ll'W 0.00s:j),Nqor N&-l'1ijjcAv'.tltirtpq 10 J0Jcft aft iffill &ive"ways" Thc Vvidolling, of South",asa Slvcc'1 "Ikxu lrifflc mi SR 516 (Kent Kringle; Road) ns Tv Iwo loads eo;cnitlahy run panflkl ISM each (ahu I!w pntmi "M inowase We capuhy or Its nuWay bN Wing new jaimml puqmmc Imms anJ a ower twx%my lewd IM W"Cr TifiN VM'0p0 %viH conricel Hie" SH 51S SH 5M inWr;cclion vkh [hu inil lea vejuefits alwady c&Q, on Soudwam 250" sinuo out or 116"' Avinnue Wheasi und ilk: hip, vopwnts wilung, 116n' Aveniw Souiheasl hem en WAlwast 256" Shvirl mid lick Langley buid. 0.111 Nlou I hjipruvumviil Picipmui lSl Ric I,CU AV I joii ',,Uipflor we A it Q W itg 11-ulcmi I I,PeO..S tl k icighk Ad wul su v�g t)l Lvocn-Scq Hie,BicooiA C%,iddoi'FNISH3 11 roijO Mob i I i Iy�'trxegi c I ii"Ni 17 1 vil i P om d 'A Foderal I am;t Adinumsiratics[Peduall; IIES H'Imcd MinlinAloit Vedord], 11'S kicfliqp l TmWmUhn Spmis[Ademi];Un Kul hnimmmma MWN;PVMTF- ]AW MAs Dan P"d I win Nm4 SO Swilia hwWwakin Pn"mn imWk IM MmqmMwu NiummmW Ammid [In... Naimpmonion hiprovevueni H um(I IN�[Ltcj Ipp rI',R,,,P,,,,,,,j,,,,11towkship Progwo jNtalvj 4 C ITY 0 IF' K E N T M o d i fi ed 1)ra ft six Yioykit ,rltAt4SP(,)IZI"iklrl()Pq 1AMPROVEMLYr #1RO (,JZAM MAIL 2012 PROJECU 04: South 22Vh 86=01,hnion Pa6fic WiRrowl Grade ywpatitlion G) adeNepw-alion crosOng al Vpihon Awific Railroeuy DESCIZI PIMN: Omsnucl gnkh, sepumAW o! We Union INvAc OWN! MnlAw wacks al, Moll 229"' StiveL 1he joiry vc( mall Iiwludc tho wnN J,IuOiori of o kidgo; fi)arhmc "'Chic,le cv)ssiilv,; bill-width, paNirlp,: Qoncrete cutbs. rvi,hvE s IIlOiting wilh o, awl apporteiIances. VW)JEC"ll' COS PrelhAwry -$t,500,000 Right of Way AcclMon 321M)PIT) Onsnobn $21MMKOOO TOYFAI...... ....S25,0100,000 FUNDIINC NKM)R(1qMj (Ty out Pon asene, IE-AS] , HVISM. ljiiicii Pacdk RailroW MUMMA, jtJ,Srjlt FIICAIION the prcejjcct will leitd to a sc,"umless comicedon betwecii nu,ijor frci,,ja budIcri mid I& IMMMY VNIJIMMS rws pqw MH apport Ircighpmoving hrny0i Aid w [ho NO U; or AMC aml 'I aconlij Sc,,,,i Fax Ah port asui Me Ifeemway symcm. (hadc scpwaliq! dis w1c6d WH kcicasc boi,h laill wad YoajvvlIy capac,oIy, docrea,yr, conposibm, enhonco SaRly wuni wnpnve mobilky it) [his corrklor and flikoughoto We uegron J Kos PRIMI 101 provide comuOVlJovs Am thousands cA cnqfloycrs, mill dw 40 wijfiou) squala; faq ol spx,,c ia thc, vaHcy, Al WO AQ Fkl' I R J fviphl NIMI111ky SlivalcgiG ITimmmm MIA JuM.I IA wwwwah A&WWQMkm QWQ, YI S slij lIwc I'[Ampal udslm M ogmia I Fudei vill TIA CYTY OFKENT Modified MAI SUIVEAR TRANS11ORTA ry ION IMI)I OVI1�MU,N']' ]'R(�)(,' I I VEARa U12 6"ROJEC1, PSI 72nd Avenu so"O Elfeirisimb spidab co fel SwWu l )96,r, Sireel DENOUPDON: Onvow a new fumqunc rv� dvv iy frcarn Sumh 200h Soul k) Sumh I IN" slred, I I'le rNivel W AMC Ow Unessing cIf NMI check aud "panots, Adcevalks, sirco PRO6iEC11, COKE I%Abdnnr)� Rigtit cWW,,,jy (,(9l st I wlianl .. .... -$1,000,000 T0TAL--.,,,,. . .............sljsomoo vvinom swuRcEIN; (v y ur Kew, PRIIIJECT JUS11FICATION: (Joithued vIvAlp"welm in flw ni°"rlllo,ri Kent 1011snial mica, and Hgft WAS vircumigesOms AMI'g Wesi Why I Ughway tw1ween the RIUM 186111 Sircel nad S4iIiHi t,96'[1 S'trcd nwindate, KU%lal imshavO anwTv cqnwhy. Aspndeel lov Sa�arWo k�olll sflcet Wh 196" Suca and S"A h1h Saco interweti,I)IIIs n1ollp M"C's] Av%I11cy Qhway. h 1ho PICAVS ivqmed no:esa to Ole sowli #46,1, su-evT carddor fAmn KdUSOW &VU10pnonlL J011M 7 2,"d Ave.nue Soulb by conswkwOng Ow adwang Unk Iwatws^m 35mal, 2NO' Sual ajtd So"Ifli 0611' hAreel, A Al, Al lei ul bl[wovelllum Nlvwn PM4(MAQ mJN;10#04hun!MA hvWWAUmnSWUgyKi flflor,04SIB W m ks-I nisi Fund I(,mk I Siatv n, sqjjh,,, i mmpm wwm iov om p to my nA-VwvoWQnKpwvWHAUWKTB ba"MUN opmow BMW pwyoml aA C,11,y MA' KENTModified Dratl SIX U'AR TRANSPOKfAMON IMPROVEMENT PROGRAM ITA R 2012 p 1103 W 7 1' M61 swulb 224M slimet pAtenman 814 4awne &)Wh to 100 Anown, Ahantheavt Ohman W; SYR .;15) DESCRIPTION:; a aucNani; rusaal hurn NO Avcniic "aoljON to 04'11 Avcm,w Sou4mr, tBmcr; fWad) (SH 951 hOulng new hidges ewer SR 167 tuxt OwBon Cieck. 'Hie pripja Winclude the d.aarA,rtrlurr9laaat of full wldth paving: concrete culrbl;, gutlm and sklovalks; Sum IjLlhfing� stoluill dniitvig,e landw alb�ng� PROJIN 71' CONQ 11MI&I'mry Righl iul Way Acquisihon— S4,000,000 (AmMiandoas 322AMOTOO TOIFA A....... —.........-....-.—--.M FUNDING SOI R(,�E(S)n City cf"K(°iia, ]A 1) PROJECT junivityampe I ha uxkuhng n0way Nymcm mu"M movoinudate hair cunent or WMI Cli,S,L WCM lr alfic vownles bommen flunCs bw HH1 awl the (Ircun Rkin- Volb,-,), flom In ovdo- to mcc irenspuumn cclah y, req orrencMcnicnis of the OrewAidi VlanugunwO Ad. addifiomfl ClVO-WCM VC110(, C31'NOCfl iS mquirel Intersurnans akin v South 20800" Sheol Rwl 't 2,jjfh wels are adso ot 01, OVel capai"ily l.w nol, Wasible ru IN Von The �rreo msl Soon 20w"n Q, ,illvcl enough to acuonunodow fmcan, PrInc Mums vyi0tout acidnional cwst wcm (,�lipaciiy Pwcnulsc of, exMsti)lg 1kvvc,1ojp1ovin and tsalro y bilrlaat con Mi nts All'- Nulm ij I Puippin I`nmet CMAQ 4'onyp,A�at M i I tp I Kni tul A 0 Qi i a Wr B rcdo a 11,it AS r [iud011 Acuin S1 neq,,,y 6)1, omens mm&4 mmwa(,tiA d,j iff,i"msw Pumic W M 0 0 in W W I And N H Sin Wv I"mput Ulm I Nqu M PH n M I n A-T W"O Ohn I ia i pi�,II:i,w nl A r o o i i o, r 1 A ,CATY CNF I(PAN1.' Modified Diraft, ISIX 3 .................... ........................ (''P avireg m, Awn Op Fe Re"Avoy 1)Rhi( W`I"I'l ON v--- the MWIMPIm Nwdlerll [way, oialOine 212,'n' Meel".---Fhe 4Much,-the 'i9x Ime vehidk" full widdi! 'paykig; couvet'�- curbi, 'j.uavr*--auff Rxbj*�Vck' tr+ive]; taeet irijlNeti Owl PHOJE1`"1COW11': PiAmhutry-EnghesQ.. ZANAM) —Right-of Way Aequi�AG(m ...---$3,000.000 ("'OnsumAoff ............... FUNIANG C.1ty-ol"Kent; lA+SI`lAj, FAS14 41, Hurfingtimt Nurthmn-84trau Fe, Rm it ymy Thil praje'cl smppoaui east-we"a in Ole- Cirevi I I fzw,iveW-vafley� -Rom an skmAh A IV' Street-Admikk dRuml y &ST) WhrWring umeh& Ahe4syd qfAddmmll passtmfo,-r rnfl ftuffie,-mi Ake BINST Rudwoy ominfille k also W apprm(iouot4y. 4", o aive^w Int"r 4"'ftinde ietmualtlie'u pfw'ide4 muw "u'4'1`160n� movt"IovW 01, I""oods O"d pawkws u nohowNa wlhe'e(vSRY prul[6 o of conj^wAkan, IspluMm" IMOW"y win ami losym hapude Vreijjv—and� wljicm� H(WW. Notsion in Oroels amid-wo-Jhkved Wpm vauml 11 oaf jyrojec,N Y.14H cnfitwhevKmA ON OM #11WO00mic J""tmonolor n"d lmavide regior,'Eij, eivi p[(,ay ers+xmi contmu[�.Mc PmWWAUKnSMWvWi WN-MM KHMM&P[FUcrWy UN- h&NpM AMqMU"n Sy mu HOW LF) LcmHmpvnmm Omirm;t"WIT Pubfiv, CITY OF KENI' Modified Draff SIX YEA RTRA N 1;POWFATI()N V1010 2013 f,mm tot 7 r us: Cenfi,M Avenue Smilh Improvemenis Own Rh &Q, fir„ L'me [V,'WsSfjee 5,16) DESCRIPTION Remove aild whabBim the exiting rmwvmy munyu to add sayine hk to the voad%way, bcwecn 11w Gfecll [6vow Buidg�,e wid Fam Willis, 811-cel JSR 516L I his, projvm MH inchWe Ow rcuwvW and ughlownwit of Wing Ivivolnent wdions and as fuH-wMth nsphall concrete overlay offl-w cnkre Mso Muded I dais Incdeci is the rep lac emem W curbs, gMers, sideyvalks mum street frees, ws, vvell as inihior skvm (kairlag(� hiapm exam enN PR(XH17r MST" Prelihninmy Fingivecring- RJgfit ol Way Acqudiifion ColISIClicul —............ mM rAL...... ............ FRYNDINC SOURCE(S); AVIR (Ty uF Kent PROJEC 7 J UNTI FRO FION: fhe"Anug 1mverm dung dds scolon od' Anund Mum Smah 6, .ajgjiuw of dn,.nears. as 3cituoivonaicd by knigiwilinal cr;wkin, and cmAng of thu cwhs and gunas 11c smke IS of Ods mmWay has beat owalw? necadmimp remnonmi-ion of Ow umduay I he MdawMk gymm is suh-stanchmi in many hwalkwns and in nocd of replkwccnluriP All' Anmikfl Impiowment I'logiam [Matv];CNIAO Coogolion Nfiugmflovi Imit Ak Qwdiky I rdmd I,FAN-I hem.,dol A ution 4lui1rg),liar I awmaCOWMMAN RMIM NWWNQ gowgiv law"PWIR ROw"SmIqjFA R&W I mmd MWMAANI(Fvlouljjl I WS -llmnij d ulmAwtion JR&ML US-Wdlym TrwIp"MIN SYMCM1[Rdmay;IT)-I (CHi mjwvcnlcill Dom,l� Pw 11. nobfic, I r.arusgxsinimmaa III IPRKWC]l 1011 11 C Ald IS1 AICt,-1 IT -'I I 1111,pol ImEIIII larlim dlip 112 og.vw 3 alal C11"YOF KEW Modified DrA t SIX VEAR '1"11,kl4S4lt(olit,rArri(�)N IMPROVEMENT PROGRAM ro YFAW 2014 F110d FIC"I' M VVMm Strut and Anhil Aven"t IntemNection IMPORUnamis DESCRIPTION: fayrovo, ihv, inIm,wc[1,;n of TOM Shvell and Mod Avenue ho pivkk a rfla orn lau fi,oin �,outhound on Avemuc Lo wesdlound Slxvd,J Pil inowics sicicv,,a, emb and gum rlepwincH and iMpMvemuts k) Mc sjal S5 swlvl. momm, cosm I'Vdil"ll1aly $40,000 I&& or kway myshmn ..v moo FUNDING Sojjrjt(,V,"(S), ()f,Kta,n, Nfilligalm 11 PROMIC1, JUSTIFICA1 10A 'I his Imfccl is a u-Mc nudglahn valuirmcol An mAt6cmat Aps genculned by the Kcin Sualion Develaimumn Ile (Ay ofAin %&ifll be impleul iiiy, Ihi�i A I Il.Aftca A Impio-mmint Prqjann I Swlej�(MAQ Coiq;c, I loji Mi011 aid A lr Quali I 9 Ijra(jCjoiL rAwr -n aWa Aumn Smmgy St . J lllve,�muvll.lkmpd[S%wj,I:TA lFedevalI. I I Fs, 11401,414 l I I I mivaloll[FOLL I a I BaS I mV I I gul 1v Ali 1poatil I ull tell I is jl' dcral I,[AD, LtwA I anpwvumel�I NA im I 1%v I I, Publau Words num I mA Lmn ISmtcjOV Ow.c Twapm a I m I Wpmn a ew, n A . Tmwpm A atma Pin I mwairrov A cuound,'I I H llyllmw[lnvla Hoaal Sgawl,'I It u 1 11130011 N i0l)I'M1 ITFAIlp P r ki,grai Ni I Si a a 11 cru OF KENT Modified Drall SIVVEAR ITA Ad S 1WRIATION IMPROVEMENT PROGRAM uG VEAR� 2015, p NJ IN"r 0 1 it 108"Amume Sommthemst BlemAn ,"w o dtfivi ts i k 4'n I K a nglle v P 04 it) PNf? 5)ej,a trr ' d)l, dpoasraf "2 5 ree P DIESCH 114 IWA Com"arud a new dirce lane rotulouv fix"mi �,ulw III tea,,,,t Kj"ni Kangley Rl (SR 516) to South= 25 fyh S,,, QuAng rcbLAIdKmg die maitc 1 Awls it Ill inteseclam of 51wheahl Il langley kmad and 108" A&C'nUc Soludumst aqd instAny a acu Wafik sigrial at the i¢vlclll o� Sudulheml 250h Shoe? Ad, It Avelal �&!)uihcasL The pntect WhAs QhT oun lane's nomhhound on HN" at SmItem,[ 256'11' `,lrcll avid SOWIIINAIF(Jon 1091" -ii Kent Karqlk,y !Wait 11al aid An hwimic consl[il or i'lill wi(Rh PavinLr; CAAWIl l �Lldk'T and slidl snem li,Aldng; smi'm Iarldscamn, uldhides and �1iplorlemnevs. As pwi id Ohs Qlact. Ow camhound ll lone hrimn 15AA Koiylq( Road to WWWWW" I= WH he AfinmaWli PR()JIF(,7C0NT: 144huhary $200,000 Righl or way AcquJivion . ..AQW10001 ;arahwlalaclA al .......__3 1,750,4a(V IX Y IFAI FUNDING Ci ly or Kent PIWAKC1, J LITT I FICYAWN: Ilds Implec: wHl mhcvc migenlion id A Y inlersmd(mi (of 100 A ilm'! li.7ndHnc ad (Beinson lhghwmM OR, 515)/Kcm Kangh.,y Rl (adR 5 16YSnubumb 2501, itn.'s by impmohig A WaHle fum uhwlg SH 16, i will clinIlmatc the lei'l lim pocket h-ovn '�SP 516 ft) 1i()Ufficltst 250 Survo and Icdkc(![ thal trnlfic IiNmIly SO? 516 dar Mi8d' AaIal 1;out1,mvf, 11m 0111 be a new MIR Wn jal conWMI for mourims Whing do navel now1h cm 100" Avemin SouAtew to Woulm 256" Sim Ry moving 1hese Ich, tm*hT movemnam,; FurlhIn, to the, cma, ;.v,%,Iy fioni Oil Y aulltrra cdivaip, aH dkroIom of nalffic vvlll be Afle, to Hciw lumv MUM AM'-Aolcual hnp a mun I I Fw�,Iam I I%w,],(,h4fW "Grm,,�,Csl m ii Miti rliwimw lulud VrOmllily I Fec lj I I„F A�,I' I�tciglh I A',,I I inlS IN Wall fm Fwlcll-iUhl O4"AMI:4mm Olp l dor;FlasM Fmil ul Ill Hill Sim[fl,FTA Fedeful 11mi'mi Aduldil[Adclall, wl)qkx�I mill,Full Owl I 100c];St p sl,n,,. TA-An Mml hupl Wow TKi I)lll^pfll I I 11111[ovullmm Nod Put I IN, I umqp�:RuIflk)l1 Pan lie I JW13 prl ISIHIC I CITYOF KENTModified DJ-afl SIX YEARTRANSPORTATION YEAM 2015 P111I 0111 NUMMy Koad AM at Rdth 11trad Imer:,emon ImprovemeW DESCRI F"IMPA NY An all alMmafes ol Mititaty 16md Smqh at Twit Rood hausmilon to povicle exclusive MTh lurin larm ku uI ;approach, and excludye QW turn Jam-s ley notihboulld and sotlihhol'u)(1 lrMfk, oil kfilitaky Road Eolith and westbound tjI on Reid h Rood, klvpkjk as the vxisflng traffic sig,nal. Me pinjeci will Aclude die consvuellon of kill pavIiq, paved MOM, swel UghlAng, skm dialmWo Iutllllrvra and qnwrInancem Pit 111"(71-III Piefillibrily l Ilgjneerinl ... ....... S 180,010 0 Right or way AqWsWon..... .S2MIMM ArtunwHon . . . . . ....... A A00500 vy1 a....., ...........4hIM0100 F(INDING' SOIRIRCEJ(Sl: i U1, City ol'Kent, DI!vldopiiwW Mkigmion Fund", PIM1101, malM VNIII M 'I he level of obvekliawn, on IN! K�eyit W si 1 lill cmjp ud wifli thi,, giowlh III the sound avea aild 11w Ingwady mcm.6mg along balh IN&C, Hjhway South W latetslate as Iisiilus in suglolficani congestion al tits inimismAim in dw mmabW and evating piml Imirs, Mill. Ailoial &"nl; W,ml Ni"Eoh mw"e nand At QAIQ Q&Mt FAST WIMAaWnRly My FMS!k limp,11 N&NImMy Woogic 91tv"alliwill Board QStmel,1,I'A FiedmIt I: misil AdhomiNtralion I I tftml I flFS I I mu l I El 1:1 Im Villd I oil l FOXIm i I,II S [Fitiviligoilt-1 ClislI lFedo all;H D I om I I air rawrmlen I D im Nat I IWI 1,- I I ubhc WollM^v"'nlhl""ll 1 I'llt"[5 'I]']' "'l I�III ion PI Kq.."rml lt'ludulm I]I; I IA '11 rainqToanimiri hupirmcil Aa oem I, I B Vrm mp)m I imi [I qI I c ii I I lo,NJ I SI 1:1 P P )'I Nll lsj�o 11,11 v t I I P A III Nei Y11 p I-I g I at it I S lalte� IX- EA CATV OF KENTModified-dDruff SV11ArylPROJU 71' 01 b Podfic Railroad Crude &,pinvalk"'k t,'fMm Peu v Radroad ft,�li D ESCR I Pwri()P4, Con on in I gmide a quvaden 0'�4,lie 4J iiii0B K10i ii Wrltliuxt.-V"q-v"tuafine tificlup .0 Wi I I i54)'htael—1 R `t16), illtiflutle,- I ie of:o tl,nIi a lumphiviv; undmivy.-Rdi wycilh IMMIMg tivii cortm, gutters, and u0jues, arld werk lip 010.)Ufkl�,U iWilvkklo kl�Fa kf tiity 1,c)r bk-yde mmet PRCUIL'CT C087k—Pt�ebn'i y d.mmlpwuram ,uetar ..... Righ 14 Way-Act1iii 1-7 ("'wim 1,ucl ion-, wo F-NIISPA� Port, A'SewA6 1 1W 44(jn Kwific, RaArclad PROAXIF JUSTWICARONt ali'd fnobdk� in thekiFecmt 24,100 yehides per of flawl im Wilhn Slfi WhAng ovey SIN) Right bVis"Ag InweUr The Uvvi mn the UP is llkw -4-4mfe sepiipm nyoWirs Whinimmol Twooden; of congendul TheiRiAmod VrW"illg-Wr111, itc, k:iil-,sWm kcmKIO mu.1 (ilhor, mifffe 1"imv, Rrkdutliuw , ki tn"Ifflic c(nigusiman on rkatktced e'llviinninivaud inqlaos, vu&w-d pm widfie congesti(lil are 1dM.vNp0c*1,xL Hlak, juiwjecl wilil enhinitee-Kew iiii) kin of bus4 tic,sse;,('n mpll a ay ei Hfld l>iHlffliWffS W4 W A)tw I Oil 111111inwCa1c1a prngjani I Ynlau I,C MAQ Conii Mill"tion mW,Au Qmww p&kiw,too PwWH AWW"NMWgy fill (WOW IAMB -nulglit malti ii),�Ovlllcpju Invisrill l alird(ISOul,11 A Ill S HN WWHwu hill Oman Sywun�[Advirlil 1,1,117 1"AlF llubkc Wovikq"I rke I I and 1LOOR�'UOC "'It, Sul face TiusponAmoin Pr4%,,laill�Fv dei al I 'I q A I fini RIVIC I wElt Accouid, Ill lrmlvisollni I I linprovicowni Mat PWI CTI'V OFF(ENTModified Di,art SM YEAR TRANSPORTATION INIMOVIENMENT PROGRAM YOU& 2016 PRIMIAN 413: ManiNh Stivd and C, RiAnfl Aillenue Werseclion M110110=1100111 brevi,scc"A)n Open Yir'nrc 11KNORI1m1:1O1N: Revise mmthlunwil am! WdsmAl tilun lallc flssjypiinew. P14(MECIT (A is'l I'Mminaly -5100MOO inighi or%way uqulslion 3400,0001 ..... ... .... -$900'000 S 1,4110,00 FUNDING SOUIACE(S)� C6, td'KeiV PROJECA, J11,811FI(ATION: IN muthNM MAN is hvavic^J 41 hhe aficII peal, jwdmL Ile pwidowlimm! WhOu Now A thi: pat pAW is gwAhNmou] (in ("-wral Avcntiie, find the Ilef"i im �Iahh Sited loa p,mve'd crif4hoitfird alga dic HL -11'his ievisiolt ill IIan.c conflpxa6ov, queoc ctip,,Icky, and capa(Ay iciliKxs, cougWou, lids InQed could reduce Ihe inussalhal tkAay In Ore. iftlerfuron peak peri(fd fiont 167 vchielf" to 1 I I ")ck:(frd" jx9 vetficle A I F-Mclilll I mplowc on CIR PrD[,Illln J'SimLl:4 MAQ (ojymioa Micgittwn wid Air QuI I i,(Fcdadj;FA'O' FicigIll AulwjCS'Igalq,q rw Wmla']I Mind I luir PM61M Mm We J)mtqMUMn N WWI 0 A&W IVA- Am am Ulm WrMawd AamgTM I rinIlkNimilin 1pil p cwnini I hiard I still uj, IfT :1 gAnqK)l I rvm I[Mmell CTINOF IKENI' Modified Draft INIPROVENHENT PROGRAM YEAW 2U 16 PRUJI M if' m I I SJ? 2UNNA Street anti I ONT AVC101HOW (SR 5115/BOINIM MVJhvvoY) intersection Inspomesuent hvmmum t4mnokwo Whwwemem DESCRIPTICM Add dual souillibound 101 Wage We (WI I DM m .1 ven ue N11 �xkkn 10- mcdAng We on SH 208m So and owdify the sip al phashig. PROJON 11' COST Nehurnunny Tlljueuing ....... Right of Way AcquMon .3751100 .... . $5 7 5.000 F1 I NIM N G So I W14S)I (A ly (W K ent PIROJECT J 11 KI IC A11 10,,Nr I'llate Rowe )15" M'so kno%o m mo rienssm (t, 108"' Avn Iiauc SE is the }lu°dur myr norihmuh We on Hie 1AM IN nnd sam a;a, lnqjoy tians,k rowe '�Vhh Au r m 5ve WK I As current mQuMort, this roadway haq been mMimd U) Rs prawkd Wtv Rib pnovommitly ki intenax1ion's along tho Corlidor can lulve posidvc cill'cc(s on 4�O36dm congestion anal WrImIovo Okiwiq 11h, ImYN mmil add ipwuQ capacky Or the *mdhhqmnd k1t tmll OhWcAlent avhale coinfitn,Jrhv' to provikk kvo Iancs id ihnmgh Tinvel, h upuld md"m Tv hHosMon dclay in Ito; altunroon peah pmod by imu Ian 600whOus pulmm. ColifiKstjon Miliftim, uA Air R,M Ov�dky jr�dmd;;t A,�t Freq;ht Aceov smacm. Pbr §,W,Y Ir A urs ihmmmommomwLtas W'jjiks rjr,, t'llagi J,j, SOLI 8111 Niupf4c tumm,11portmimi 'Topimm II udviall T]A Fampomaliun Impeovencut ALwmm I P13 Tnnqxwuikn hipmanca Porn]iMalcj; t P11 Iran Sp n I Aaa i on I 1w in VN I ip I'l(I o'l al 11 JS ur ul CITY 0 F K E N'l- M od�ri ed 1)ra ft SIX YEAR TRA P61"ORTIMON IMPROVEMENT PROGRAM V EA It 2016 PROJEC1, 0151 S; 2121 Shvel and 72 a Avenue Kbulb InIsrsection ImpnovengeM W 7pertaio)os Fnhom vayew's DEM RIP'l 10N: Add soinhhou"d duml tell turn hires and rra:rtljjpa uL)ojj)jqaua(l tfflI(" collifigul'aficm, 1114WITT 0M, Ildhotimmy lighucring.......... ...5601MO Rll�jht ol'Way Acquisition.... —.1�25,000 Oursiritclion ............ ............. $10,000 FUNDINIC SOUR(Al,(S)i l .11yof Kcia plichIECT JUS11 HCATIOPN� Kent is wl impollaul ficip[a dillibui1oll cerlic"r In the Pug(1 ReWon ne comms nmcmmm (or wighn throoigh anci evulhila aw city jS CnifiQtj lam C�L""laPja)Jjoic ficaldr with dw .:omplehon of the final RIM W10TWId of 72" x"muc Soma h bumcm S,uMh 196h Sim and So% 200 MO. 72" Omm Stalls hummas m kuy WAS" coukhr and I& Iif ntjpojiluitI fl[eiglit (72"1 Ave S and S 210' NEW) Was ion it hlglOy AgnHimuni P& in MOWN 1ho omInAWn o4wn f'wwd oni Wo,4 NQUey Qbway as penk pcHods h1 s linpioveinoW leduce""; hIjfuri� soollhumul V14dule qoWiluing aild congesficm and Im", tract, purand w knpmu [meme0ion diday Bona 191 sewnds per vchlide uI 61 soLOon(k tm olchi6c AP Ailcrid ImprovomW Picippoin Shik!n C\akf) Collpsuk,11 KIlliginkm mid Au QualHy a cduifjll� AS Fmrlit Adsov,krImWgy d4)i I Mal Ampow"Um[AMINO pyrn,-PLINIO Wal I" I I List F U1 ILI LL'a,I�S I alc 10'j 11, S%Ilr J�L to JrE 'i(i on n,�.j i4kj l VC&rItj I I IA I m'minipuliom knprovancid Actkit,IW 1 R3 1 ampul lotirm 11111pimuniclit Humid IS111cl: n I'll-- krmIqImwAoii ParnivAhip Propnim Jflfiu„ ITY OF' KEN]" Modified Draft SIX YEA R 'I'RA.NSPO1R'TA,nON IMI.��',k(:)VEMENri' Intl,10(,x[tAI%4 VEAR� 2016 nawwr Hi cc SIC 240"' Sirowe I on d 1040"It V Cron e tilt(it It 51511100NU11 lllphv�ay I lweowc Pion 1)perr'wirm,V JUMAIMION, AM chi al nwhhnawd aml =hhound Ich tunn lines- Add northhourld wd smahbound Hpjit twin piockets, lvloufify siglwt pha,,ung, PROJEM ('OST� Prelknimmy Engineering- -S 120,000 Right of Way Axqoknicm S275,0100 (VrSfi-UdiOn I -- 11-1-111- TOTAL ....--....... ...... FIJNIHN4� S0IJlR('EjS): Ofy o14,,'reya PROJECT J((S"I'M(NTION: 1040 Avenue SH (SR 5 1 5 ra k;o known os I& Benswx I HpInv"T jq TO, phlrlwUnundi south rowe wi the Flo; hill qml sery as a majoi, lraasn 0, Wflh kjw c) IJ,7�, kuwa in ill clunroni cmNfiguralion this 1wen widcuM to is pnwthwal linds, Impnworwnts k) hmemajowi Mung Ow coyAq can have ImAM Olds on c(mildoi wngc%twon and inqmvve elhudix, Ibis palms =11 add qRMg capady Or NO Q nor,[Mound tend waWltbound ball lum movemerns while ckmAndrig UP pro,,ide iwo lanes oF thnnlgh Tiowd, 11 awdd Mae 10 Mmedim (1.Aay ila 111c aftonowl peak perl�pd [rcwt wl dv,,cvop,a' 1 dtM 'wc-olA& pex a]iicic, k, alumi, )6 mwuoadst jx,,i vehiclu All',Ailemd hnirmemont Mum SUIV CMAQ 11A Na 2016 PROJEC!'Id" 17! 64"' Avvyupp So nth to Mn,. sell Nowfd I P110N, widen Weq1--Meekk,.r StreeI! Jejoivk4e ii-five lurw Farm goe I I efid-purpose IffAve I hlneiq,"ek ao(A."wq lefi-[ILI rp kaw, 'hu"Ye I e I JN I awd mutlifluttliom, w Hralfic-,Jignal .,tymum III lhe a4 WeA VmII Soto and" Rossefl -R'A* Tho jiraypvo kvifl int,+00 lhe consWO-AIOR Of-4,MN-Width p[MiI Colervto and Nklewtfflo; streel. Jig fqj&4 1.�JN 414 Kent PR1()A',',1(:T eet htts icuchood HILe, ir I It poior, M I efeby-a col w,Is lerkt-fI Nat- Irmaiw IfXmiol Exlsiliflp, lr;IfIJv Volumes wos],- of—Ow, im,erm.*daivot 641�' Awmw ',OMli ifid ftifle flw-ntrecj ("'or a rkle-k"we seefit"), ki -a"I'alonroodille mIdkJoIlr[ deve4opw+q-w ----'SktowdlC -fAnd Ncyoli=, imploveniolos vyiH inou'live lo III a1J:Im(m4%#e wdhint�,,,fuld kldrp., al:R�numivv Inodes of am"i fJIVAItate klcuv,, j, to iuuie fivielh6us, JWirnl !'HwAl III S- I lk"al 1411111 F1 it I Ion Fek 1;11], 1 IS ja I I U I I igcm k mm Pon,�0 oil L 111's �uduf M x%,11I I(I Lpro�ul I)kvid,I LA I F P,I I I I iu V uqt I,I I lal I�Ain I Sim v III SuIl"mc J'1_ -1k, rn J�T(11�11 a (Fedmall,1 IA Acxtikwl� m rA CITY O'lII@e" S Y EA &"dlKAJECK 040 NUIRM7 1 oil t'^zrswo1h WkIa,°acing Swab 2,2-,;t m„ .�... ..... . ............ � lR!N...dtid'J"ad L��wt'-SY�a +�}CFAd'Jm'.i�ZAld9ad!' c 11..................Rldu y,wo-a, awul waolk Wim9erp Nil Ua,'nay R tamuaL..Aoaramti_w wul#m ° .,.2'uraa ka�m .a rt.,. Iko tltkalfflmg a mar 101 ttllul hmdma., keyde kl,r'aw r eljirfl-e,-k,�Mel nlmdal skleavA. the ump4Altaom,tGmram Irl ��t a rrla� pa'm�mfila a��r, }.yy.mphYm"I'Awt"*m a ild (M)4.— fl w.4"I'lu:ilh Rund clad l°k"S4b ion Vg....i[h aditAbw9mow4'4(u1"di',"d-Fm`''11S pl'G#4.'Ar') cwqn ... ...... ^1m�,464 , P�uB _.... ® 461 hlof Way Aatwll�sa fl i , . .; ...� �„d�8)'dy,Q➢�J�N (y�';r/wu�w�naI-Ri"I m 14 ON I y'v„.m0 �I'i�1pp�f0p0 I"�'.��yu., ..... • 4:ity o Wa 1, PInveka lwmejit PAllig alkin Fum-us n =6'IR 10KHR('pyTIOMy ' e 4mvvr l-area f�r�w�rwlaaprl�muzoaG dm�a'mu�y l�tt� wwa.m•uemm tay C �m1�[mlm� -9 a-awl-ywwarr[1a 8+'wms'm mbtw.11ed w'm-pohl "We a "`$wjYk4 Pate A„a"PVwr I:Vvw-way-lefl, VlVtk1...kdials 9 s legjiLL6I,ei' Pmrldamp;-peak Imillmld fhvw hf mlls, Ae-Flpmlmplwuy, a;uuswaM Owl omf', lc vsulnmaws, d wm^ ND tea Ntum° =aa to artuyFvu°ndV � aaal ,w-9rlfmrd�I��mtp�„ aiad� a a' U a q+. mn uadn = uuw-wmu-d��ro. .l ^A'm kulur w, '�eu�,a a.a,�4hm>ar", l-_kh"&alfi0�mu" �.. ^a ah 0mrr Baarr"Maly, amatlta��daall sa'dr'ul plallamaa{aadvu^ ¢„rrouutudraluugm ,,+,.mu+mz�dwr A.IG+-Mena] frupa'ruvcurl IN d'rGrpMpr pWCJ;C'hGhQ frvnEcvtwr Mlweipezivrnr mrd fom 1)41ti4.lely jd urjurnlJ,tl d=rciy.,lr1"h,uw�nu 41iat4ugy bar d't'cr.'r'-Swu,odle=fal;wrrrm.uC nr<q,Iri+.fl.SHA Irr::{vMtbWRySruQuinmimi mR ❑.I["vle1N1A 141MwnantiV.AdminiihbllnnAd'cslur"aq, fil'S ..Award 111nirnaluour]Fedcla J, llS luwae.11irenlI 'imtpcmInI6u'System ICI "Iern1 I.I17 P oull InipnrmumCINI UiWiCI.,A'AA,I P I''wlwk; Wrrr ,0'vlw Fnn"87.taar Imma W 4wbm a 7eunaptirmmm Y"aMmm IlanYaM Ilfv -d mbprid.atonr Kripavr,iucuGw;m!atuL'dlM.- "I uvus,laosta0 in huprriu, lwa to w d[Stmlfl, I I'll 1"r.empoolvolvi F'tlraiwrOup E'rcrermw 11 Icl CITY OF' KEN"I' Modified Diraft imalIZoVIVNIE?ql' Plt(l)(;IIIAfVm VEAT 2016 p1tomocr min 132"'" Avenue Noudm;10 man ing - Phase Kc,jjr &evpagh If Road (SR ;1(i) p,u WNW l)p>(�rzjPTION� wikk�n 112", Ucnu SmdhCNt 10 jMOVidC a nve lane roudway. InOuding purpos" lrm"'l I'aw"S' to cellacl lerr-turn k1o'e, mid a LaCILIiy for Wcyck.' wodHling the existing Wic AN S Suenly m We as erseckmim (H' Kom Kanplc; Rmltl and Smdhmm " Surf "be projccfl wdh iric'kide thu (A r1dr-widih paviog; NCYS [ones: concycic a�aaut as ,d jd,eway; Dow hWvWg; swran TOQW� D Jifivs; and appal I0D',1rjcOS, PROJIWFCOST' Pjc°hmvnary lingirccrlay $ 9'800'000 1�jgjjt ol"Nay Acquisition.. -..... VJ OD,f)" Ji„II MIUMMM" (sy or Kcm PROAQUI, FIOW IS; level Ur denctopimno LDolqg thu" sccfiolri of 112", Nvemw lv',s ahQody Ccadu"'d Ific poifIo %vhovhy a co"Nisklll hVC as ,�s ;.md TAO'edeah fo acce r,11 f(11-11 volmr oxmcd 20MOO AM (nom di c inIONection (7l I and V'�cm Karq"Icy Rowj) 11ccessiumc 'FIi i5ve kmv sof�6(m Sidenvalks a"O Nevc1c muh!"lodal A I V Am,!101 If,hPIMCIME't PrIVINIM I Nlale�'CMAO ( oILgc%IkfI I Millgaa,)urul Aif P UA]ila I VC&I1111 I14tl H 16hl Allioll y113ICPY IKbl I ' hNnWaAN BCm' id 1Lcj J'cflcmil I'miIk kiA udi m Pil mWTirfIil—NP,UIbN lcidc cullk Ims I Wmi[A ilf Burr FcderM II" II LellILc1I I I III SYMOm A woike Frwl Fund I MjlB tSwI4 N W low"! Wpmemm Amminq 13 ISJ�"JICI� �,pp JLF'fbl�,+Iftj�ljj,)Ij aIIIIIICJNdp Froggim[�'Iawj pY CITY 01; KENT Mod ified Drill SIX YEARTRANSTowriwTION IMPROVENIEN]" PROG'RAIM VIOM 2016 PIUMM 71' NO: 132"' Avenue Thmilend VVWcning-- Phasc If Sow ?hka rvi Smuh,"'aw IMSCRINION: WkIen 132 W Amnuc Sowlwaw iu pwidc a five lama: Inckding haw geneml pm-ropc mw,v! larws, a cemer, left-!alai lane, and a bicycic Wildy, ruvodHying the cNkOng traRk signal systeno M We blermecLami of Rutherml 240'h SO. 11w is Vjccl will inchodo thc son,,ftuctim of hill- Nvichh jaaving� bicsok lanC& concicte vurbs, gumers, wild sidvv,,alk,, stjtmQt PROJEC'TCOST" I'Min)immy FngimcTing—..... . ,$750,000 16,,ht cjl'W iy Acqdskhn 0150%0M) Ccm,,),liaiclwmi —$4,750,000 v YrA I.................S7YOOjW0 FUNIMFNG SOURC'E(S) C'ily O'11C.,cut PRUJI&M, JUS1111CATI1`. N: Ile lave) of Wel,mm My Us scclhn ol 11201 Avenue has almady ivachcd Ow point vdicaeb), a consi� 'cn� fivo We road%ny ""ecoem, is 11ccdcd W provi& S'ak lcft-Liarn occcss o cIdj"Annn� plop,,rlies and dccOfflifn()klaf kmxasl iraf[ic voltlme,t. Sidcmalkrs "'Ind bicyck� ;','Jcihiics c,villl plovide n1uhh1h)d"d acccss to adj,1L:,c1V land A 4J'r A,tciiki I Jimpiovenicni Nopiom JS]au,q;CM AQ Cwipoaiou Mthgorpovi ond An OvAIAr I Frlcialj,JAS n Freighl Adkin SlriCep,} ilrr AmuWWO I mama Ovkor FMMB M1 VoWl Adin In],'01 oll I Ucdd 81 16 WN MUM OWMMMUNMaj Do- WOQMlt NUMPUMIMM MM"m VMS Tnnw And Lam I S,alcs,S,8 P Surf&ce Pro("gam 11:Cdogall; 11A Traysp4iriaijor,finilwwoncni Acamil I Transix)rLdion ripmvc,toit Board JtiWlcJ FIT Pr)grnaj CITY OIT KFIN'I' Modified Draft SIX YEAR 'FRANSIPORTATHON 1141"ROVEMF..N'I' IlttO(;14ANI YE'AW 2017 PROA EC 1, 421 KcO K'ang o) fload and 132nd Avenue yak; Invoccoon finwImmewmew I e.)percmopm DESCNIFFION: Add inmthboundand soulNumnd W OR tun Imm PROJECA, Ulf K11 prohininmy lino ncoby. .......$95,000 R ghl of W,,,,ty AivquisiGou...--....$175,000 (AMSMwoon ... .... -- --- 19,40,000 IXTIFAL.................5 1 J0%000 FU PQ 1)104 G N Of I RC E(s): lyr o r to ent 1440JEC71, JUS31WATION: Koit KanWey Ram d is n !Nincipul Arta. al "ilb ow 320H) Wy vehick tJps inn. Va2...t Avemw SE k: to MIlhm AIICHhI[ willi over H,000 dafly vebicic Hps. Tho d(,,JIlalId on ti(,afli rtaads i,,, mJcilxacd lo in [111c m,xl decudc GIs glo%klh in Loull jobs, on IKcrin's, Easl HM conhnw,,,,,rn io dewInp. Ow the imml 20 ymus Me gnywlh W' Ironic "I Avollwo i�, projeclod to 0'oth) at mi aN,o ape, rate; o�' 0.9'W) puy year lllis lncajll: dw dcimmd on tho, roadv)�ray would lair 20/, 3t4,11en by NRO I he imem"Won of Iho:sc iv,,o kcy midwals hecorrIcs as chi kepohl IS hmh hocal and rq..,,Jr.mnal CMD III HWUS. I'llk illltlMvcrnknI red"ccs, z-,VWinp alld OUR SOLKSOLUbd ClUlgCSd0n to has IN, pc&Wal k, roduce the jntcrsncj% clolay himn IN scomids pe; %ilick W 44 Ncwnk pey vchicle. A Il'.Aii cual hiproycinmil opun I WIpdc I:CMAQ-Coopofloo Nr 0ionNIt,,I I-edeEnly ION T WWI Am HmStogy Ibi, hdog Mummy M tug U Mvnh=W&Ud 1:I'A I JFS I brord I l I inifinglion[1!•c d Via I 1,1 IS filoclli�'�CW hrumpollakwin S"Itim P,CCUVIIJ.IJD lApull hillprovonmi I)ISIVick;Pw H, Public 11111)10V ITJVJIa ACWL311f; I ILI- CITY OF KENTMudified Drafl SfX Yi��AR '1'1,4,ANS,110ICFltll()NI YEAW 2017 P 110J F("T 22,E Som,h 26Wh So eel and PR6Hc IIoxhiva), south (sit 99) 1 werseci On Iropmemucut fia4'wYccfinal e dJxruiion;, P,ahan cfncods DESCRJPTKW: Add "ves0lound all, Ieft lurn Lanes. Add comtound jight hmn pockel Mudify sigriat phasing PROJE(A' COST° NefirniquwY FAWbluel-i'T $100,000 Wghl M Way o,Ncquifdou........$250M) Colbstrucljl)11 .... .....,. $90U(Kj, 'COTAL--.-............—,,,-.---M,250,000 MAYDING DSOUMV14s): City of Km PROMIC11" ,A)ST1141CMAON: S 260" Sinst jwovidm mane 41he fivy Met umnadions heswu We In, cille Higinvay wnhhu and the dowmown (IQ C%mw SM 26Mh is a untdlinmdaf mikJor which accurnmdMes MhoWs, wdoulum, bicycljsE, and bus ImAk As & Mway unm wdeMop, boo a inew umunachWidukial Makuse Yaw Tu QnMe Qocncukun, to khe Nfilmy Road and cmuicoNx in We YaNcy roull and civk cenler need") li ml 7dinted. in hiCJwm I'N", inlersection reducs %we weskound vuldclo queuing uml co%,,csibxn Or ow 5DO vehick, per how anuf Rpmves ibe inmrsectUm delay Kim 180 wumds pw Will, 13 nOws, to wWwady 87 mxmds pw vLlucfc in 1110 PM Pvricd- AT Arleflal 11VITIrovernall hymn Pud(MM; Angarim Amugahin aml W1 QuAily Fccvwlj.iM I'- Vfxjg,Bil Ac1k)nNuMq?,,y k luunw Ccrridw;INSID Frci6jil Why SmWpc InvoMmif Do',ird S11,11.I,P-']A h*,1jW14Yw0 IV'. clalj, ITS Mixud Pinwknon JR&AL M -Waymi TnonywWon Symcm PUMI 11) wi hopwamom isum Rvvry uhho MA OINOF KENTModified Drall VE,k IR 20117 PROJEA T 423: SK 256" WE and 104" Avenue SE RSlll 515/Bensom tfiglnvay) Interseethpo hapinvernent ludo-wcwon 1,;nhanconews DESCRAPT11ON: Add nonhImmond righl funi lane. Moclir.y signal plinshug PROMM' COST Piehminary-Nigincering RIiVfa or Way Acqtnsnin)n......... .....$l 50,0M Cons iucfloin ...... S'21201000 IT'NIANG SOURCE',tS): Ciq oMent i,vajEcr JUS FIF U,ATIONi At Llic c*nnmncu al two OR Ngh"mys (SR 516 and SR 515) dis Aversamion vxpr-Tii,,,nccs cKingos'Gor duruig n,iom linwrs 'of dw day, Appoxitna[Oy 33j)(K) doily vchictc Caps are travding cam/mm Im SH 516 Kanp,dcyj Whom it movis SF 250h %xi ml 1040 Avenue ST ai what commoily known as Me �("Cjjt 1< 7JIUHt'r ll,w noydibound vinivemcni at 1his huergeelhan, Ow, pioliect wffl pmvide a dudicalctl lapldt Url We 16Y US& fknving, camholind ou SH, 250", �Sklcet m orflu Keni Kanplc�y Road I'l-di jnq ea also pcw4les sc"kne impmemm (UP(gMCKS) Pm alkyw chmngc, to the signal 666oij, and ,iirc cmimacd m vofixv dclly, on dic, mnlhbound fhmi 1"41 ;ecorals pca vehicle to 86 8"andqm, in fl-ic pcak perjod M11-Aikirod fiyjjlP(mcmcitl Momm$Wd CMAQ mrdM lnigM Action SWjiqy Wo Won%WhYAWOgm KnOmm BmQ�5tdcj,Er[A I �umuAdmniw 1,d nglmn[ uall; [AdmaylLID _1 (Cijj J,W"Jrj .Ibbbc mko lkimi mid inmam sm smscuummonvmpan pvdmu; nA I'mimpmarkm fi)ipo*vvmcnI Mcoint 111) I mngpormiioir5 hood 0 NQmn tilratcl CITY Of' KENI' Modified Draft SIX YEA R TRANS VIORTA"I"I ON VFQIR� 20 P PROJECT N21k Kent Kangley Road and JOWk Aymove Sl,: NoRterwokm finlu"caveinctit 1HOSOUNION: Add caMbound and "Wouml duW la Ph, tool la Imm Add cmthwnd H& lum pocket, Change n(ndibunuild tih,Jfl own pfi4sijag, Coinp ctl? ir,"AU"I c syiud PROIECT CO prub"Amy lAgNUMAW........MOW) Ught and 'May Acqufshkm .......575MOO CWnNmwHun .. .. . ,, SIX45MOO vyrAL...................51JOINA00 FTNIPINC "FOUR CF,(S): d"it5a o f K c,I ii PROJECT JUS11WATION: 'Ibis prujucil is iI I to sapp, Ow culAW kuNuvonlmu pinim ad%� a nvw 168" ShoM or 101" Sirm comincelkin huhmen W4 Kmngky Roml wW M? 250h Shuct, Armithkiv sludy looked ri[ varnl",; allenmOves W ulruv haturnmdun aml suvol Whjun. Vth '100'/Y00'11 pfqjccI gpcs forwnrd, it woold then scl up 111a,. need jor famim- 0djustyncul"i ItIl flla, opon"6olla olt KcM Kanglcy RllNd, 11 his pulan aThwes I= Hjum. I his pn1co "ould Pop We delay at this immudon .It 91 wonds 1wr WkIc ;w Jew, vl 116ch i�i Aitlafin Ow. ( ky's adl)[ft(I 1.OVC1 Of �-�VrViCe N L()', Al I' Afluml I nlpmT tlimnl PwIvain IN lnluj�CAIAQ Collgovilm M I I ipallln and A I l Qmhly ffcltaal I it yr-D509 Aul An SwIlogy 11• 'NISI ! Fiv!on A&MR)Swwgk hNonen I 14,;lmrd J: I,tacp, I'I A I duja I'I narl,it AdnvinnsWaliou[r0crall I at I ii'vard I Jim!v alioll fj'"ki a)t,l I q Ijitv.It ip,(nl fulI on Symonn[Rik NJ LID I A W I fil I IWOM11C I I I I At6o; I A%,I I -III&I c Uhaw I rum A wh I o an§am h KW &Prfiace ]'1311 v4IVIIAM101 I Prna[H I H QFCIICnql I,TIA 'I vw 11 nlantani Accoont,lill I I ampla-IfItio I L[I'll I Illmviblell I R otud tSuncj, I IT Tinmpornn to I I PaTnIVIAllp P]oppi I I)[Srav) CYTY OP' KENTModified Drafl SIX YEAR TRANSPORTAT'ION IMPROVEMENT PROCAIAM VEAW 2017 jq4(1'jF:("r oz, Sundt 212" Nowel and RMh A"onme Tarth Infemedium Inquonveme"ll hlevrw',r fion Operl'Worm DESENIPTION: Exinhi cambound OR lurundunc and add noohhmnd and smahhmuW AW lell, larn latles, Modify sigind I,aluuub "g, PROJECT CUSY Prub mire try Rig,M ol''Way Acquisi(ion 3420.000 ColOrmikin —..... .......... ..S L2 5 0,(M() vym.................3 1 AOOAQO I FLUNIANG SOURCT,'(S)� Oly Kell PRUIPTI, AUS I WACA HON: I his inlursuckm expubmicos miguskm (Im lag Rawil, fijrnl. ld, Ote day. Hoth roads wuc Principal Ailciials and each cwrd(,,s 25,00C, vehictc A 1ps per day The dernand w 1:)oth offliese m0s is c%jwctcd to grow in OIC MX� Ckk�ark ']N JOW01 ill b0lh frClght tnowniw n? luld daveklmmil A IM.crua6 s vailky cuMms to develoly r, piqjecl aim) S(LITTIC signal h1qwvvcnuV.,; [o aflmv changes lo Blau; s glud wnhq!, and phas nL,' ol' fllim, inicisectlon. Tlw imYuvvcnww,, tvladd reduce coqakgc,Oon bmww ol nv�avy deinalld Ra Ilvff 11mv, raommI4,mlls, H k anficqlaued ulr<at Claw lv1provenmills c,okrld rednce lflc� hltcrscuOwl Allay 10 as Mile an 47 wnn& jwr Addc toe Cm A"JM S P r"nowwation NuIllcu ill 1p Imprala I Y'llel 26 cay or, iaucr ivincuum F)rmn SIVI TRANSPORTA110N I N1 IWOVIkIMENTNIOG RAM YEAW 2017 1°ROJEC1426: Adecker SAM arul Washington wom Imerseclion Inquovernewd Mrervc(,10a 0psrwioj,r,v HESCRIPTION, Add (Iambound and right nN"]] g)OCLXISr left flWO poc kv,(!,,, ModiFy ,tigmil phasinf, 111MIEC1P CO SIN Mumblary lei pht of Way 510,000 C0HS1rU`Ji'0H S5,501j)(Ki COTAL..... ...... ..........S760,000I FUNDIING SOURCE,QS) Cky W'KvaiiI PROJEC71, JUS'NUICATION: 'nos is one of"JBH,, 1r1.]Sie4t ATnUS"AkHW in 111C ('j[yr WJ�aJjllJiigifln '�Vt�ltlle is a Prirjcipap Aricrial ond N/lecker Slivel is a Minm Arlet�:A Miry cacfi carry abola 25,000 vehHe Mps pir day at Ns Iowa% Nhwh of Thi.I VCNCC VOIIITJIM,r OH NIUSSWUNIV Avapox is livsk Otis kaded nm thc Quad highmys and the I'm of Sum1cI mid I xoma, NIT ithe snim ibinun Weriml auumbide, IraiSyck, and lied ,Iifari tniffipc ficm(:m) lie Svc.o side (it' Kxnl and Me thomoom Oty weds to mancuvc Ihimif,h this "balmlinrurhoulmri. 11mom 4npmvmncnN MH 1mve the jxcaWsl AM (m) Ale cfficiuncy Ifl,HIM sasl/vwst lurak,ctixia. It is ariiiCipaTeq 1� dml impuovemm cnWd raluce die limmsmAWT; doWy To us Who as 57 munds pui velkliv, A I P- Al Ic ia,a IInIrmVCnlr It'Pogison I I;tnwt( MAQ Colq�,Qmi,m I&I ipti,mmul A a Qmflh) I FMaId]:i;AS,l Fi64,?,k Acihm Slialtgy fin Cmllftl FNIS13 � FrCiltilt MON lily lifiakpo hweslinco Rumid fSlauf 1 [A -t Waal lumO[AdimiI[I"cdcuAll I nS' l hvAid[Immalion ll'udarxl 1, 1 S jjTlCJjl6 vilmhs l 11ml d mill 1-1,Im lscatv Sl P Sur ifice Tram +dolma NvWmn IMMI TM I mm"Umpri bvipmancM�mp=TM- 27 CTIN OF KENT Modified Drafl gpy YEAW� 2017 IIROJEXI'427: So ut h 272...1 Stred avul NINfay Road Ili rsection hwerscc6tsu Opry-o6opu L"ISOUPTION; Nal a solmhAW Ihimigh lane at Ac imemoctimi. NO& signol phasing PIMAWFUM: PMAnmy Agineming ........S20A00 Right ij[' Wity Acqtii-,si(kw ........ ..... 1. . —.114) FUNIMPN(a SouRcv(s): City of KOW11 PROMA.'(7 JUS71FR(WHOT IS immaWd dcvelopincra on Ihic KQw %ost dill wmKiied with [he lack (if Olmm6vc nodn'smh ammids Yumm Nigninkm locul congembn ou, Mlhuwy Rond. (to those wasJons rAficm Ific S aw I fighmiy ')'ystcun �9 5 and/ut Staw, Rowc,-99, Pacilk, 11i"ollwly Isolah) hrvaks doyvn� Nfihmry Roall Nuoilvii"N lJlje „j ehlpjt,,° fihf rC�Ju�)sj et-",iou ii a ffic, I his prcilCCP re I Lt CC S COSI,Jtt14 Md I alwe :sowhhuil I I Id ao I�gcs6ot I. Ail' r AiicuA Jill I movativilt Pror-AlMi p`,WC I;CM AQ �(001gO I On Mitij.?,miou mW Air Ad w'MenII,rAST A aiuvi 4wi oi I c6y frm FMSIH FICIgh I MONMY mmwgx bv"Wina Wwd PWQJ IA Rdeml frmis I Adnmms I poixiii 111-deviltl I I P's, I WwA Ifliplillull rein B I'Ocfayj,IJ" 11 jtelhy;01,I I mispuludon Sym cms p I vkr4 1;H L> 1,4,cml I mprovenle I I t J-11M4 icc;1'"W II Ilublic Wo& I iiw Puml Lmn IS 0,NJ P Am Mc a 14UWMH NO VMWMM jjh'"&;Walj; HA rTampoiliflon Impoveiii A ocoum Iffl hamlAnk I],,]I lrnlar<rrwmm lit i I omfl,,,Nllcj III, l'Sultol C44'-V-,OF,-KF, 6`T odified Draift SP V PA H P14,414,I)JECA!11M�� South M3,11' 'Silred hulprovemmil"k," exis(ium 1mvement w add- addi6olml ^�er,vive fiffe to the Sowh Wkq.Sumfh..........This prqyed will �W(y },:"oot IonzaN kq s, 'Ade"'n I lut,,maw ri t dri I i j I ng"le m I'd u H w I I i u mi iow a.—4 1 w ()P'-AYemu,, apid atfd-v k4k,,-I,urn,Nfle, ff qR vmQ%4oA(1 200, -;wallll i�vomlm sou'di 12,0611irtg Nvalhs and goaRh be-added ti,r i wed,ed PIMIEICT COST- vrefiminury V,*lpg1,HQtF"I J,,� ....... ........V-50,000 (VM,41140,6011! --- i. —....—....... $2,800"'000 TOTA I S31 tiffl)104 w 14'11UNDIN44 Kdm� JI(JISTIFICAIRM S(mih N*j�'11 '%iee�,,heqwom 84:1' Avemm- SoAh quhM mdajrd fmnokv wx�-filwe cvu<kva,N, duo vomoo,nsi �41' Av4*nitie—(4-am vn4oy ffivhvmy) W44 20Sr 1i111 "Mi re�m, , 4-hH4 SCLA0111 Of romckv*y e,"ki"ro emIt&ug md voiumes vii4 'Lls widemrng to ffie �um14 the IlNiolhokw of fe'luinifi AW,Anmild hulprmumew[Impnim 9quwj,CMAQ Cmige.qiun Mikigmion uAKI Ali I AY1 -hci44lkiAvlwn AMIMV fof kvclol 1^]nASID Frciplil Mobdily 51rl1jqk [1VcMno)Wonrd J`Rhlcj,Ti'A , F"felkil fininsil Adilom,"Italmll[1,Cdcuill, I lk"S Howdid Fliminalmll 11 cdcnflq,H'S 4yqtclm lFodmi1j;p lYD 1 4,011 Impoveilicia Mslfkqt MET hiblic W,4, kug Fund tsmi jY.xcj,s1T Surfico 'I'mmlywalinn rrl qnm gFcd('vdj;AAA I'vamporikilioll 111111lovement A4(mihul IV fir 1"1 impol to 14111 Irlim ovem c lit I lmlfd l latc�;11T ,71 tiii�poludmll Pill ill e r0lip p"aorrxmnJS ml�.j V KA,114 gW,S RIIhu"k°-IGNi MdutN Southea"m...�,tmOln 1211, bdm�pn SwIt Ronwd 67 mmi W-9"' Awmaw 'Smithmisi (,S4rfwRoiut i 5)4,wprovi& a fiv im si*4mie hmIt"fiog illew fravd qml [at A�ty kmr bwyiwk,�Ond, W) hmkdAd inkh pm mfmiH be tamp arwmm.¢nL"nauyfiihe 24)8'a, street ramie) d68"',Avmiue Smi(beaM, "Mi A&H-WkW1 Am 4 iidevvalks; sirm lighthq.a,; and PROJECTCOST, l[t p .I� 1 4 "W S 11)(4�j 0� 14drghl ul'Woyl Acquiqrofiom 411'160,,�,000 Tam PROM&C"l, JIUSTIFICATIGM SmtflwitM 20HO12 12"fireet W generulfyi;4 lummumdway Hint cimments A Kent 11h,,usil I hdll acca, MuNg leak UW kums We Rmd%my i6mw tyaffi,i." vohimeud Adding MAW Iwo kmm yvhm HOUVibRivy mulflrfuld(0 acc,&u",W)a4�11r;mwit"4d A I P A I I U A I I 111,10venic I It PrOlmm Nmtcq CM AQ (On gmiku Whugmonaud A ii Q,iialap I kxkraV I haA4I I might &16in Sivalgy or Evequa-Seatft-IA lmfla Cm I doc mat' 'S'SIR I mghl Mao,undq*hmSiffluit Houd 'Siiuj,F[A [FLdervil I, M HwaW Winchn POdcWt ON- Spurn RW oral jj LAD Lmal Imptow met (Okiria;PWTV Pah I c 9,'nrics rrust runki axin�stmQ] S P"""Indace lrafnjvlilAhm Pwgpvim�FcdcrM J IA 'Y'rnn�nmruoau++nnaorxmrvovumr°rraAccounl. I'm 'fV,]n,1j 0Mjk)Y1 h11pf0VCn1LAR1 1110,Wd 'I i Anspri n tion Pan i wrsl i ip Pra,�,um i h' Iatc ;l to 'UTY OF I llnAT Modified DR"a ll "SIX Yak:, R '. BANS "OR."�rATIO M"'RUM @EN'T PIROG'RANI V'VkOJIM T pt;un s91 ect Gaimsellwraltion Pralp"'1an1, Ordy,or'drs; 4'pluwa ldv P)0'VWH DESCp89vrlld N: Acwkwls IhtwN nwiinwin the hrcimiwrog diwluusplat>Mtlarouu w]yrwin Q a. ve la;yllt,p„ rc,I]ra6alVrkm'ad;M, and rcat instrl,uAlayt the asaskiq rr,p halt rand cctoo- lc ln,' t: t;arrlau@,}rr au8 dlc• t"Cry. PITM sCT 'WTI I1tsianhaaua-y+ 1 layydurckrsarira ,.... . $1 500,000 Right orw aye Accqulislppkuu......... ........ ..... fl $2330(y OMt A111 tlprtoCA'q"BON: the ('cI assessed the c°aylnl6alMn of hs sUM ncelvvork ni 200 t VS 9'ciwwcll Ciaatt ttwy or the Mtrocc; e.vk iNt detivarlydes that vullwo they, are hewant& phek t xpccPa.ui ',pc1-1on' 9rmcv F1 e m)d In need A ,u n rirflc uanco ( a uchalrik atuou ova:Any, ru slnvc ;,uruurwnt W niccsulSkl'cucllon h4ma°rsve hi'v[ rrh a y he 'dura�nuukt loot, g:Iwsenlc:rt rarpllul.ruVltrll'on, aim, 'QUClu°aMUNn voices dw MY has huiait ti. Ni each yen Ems been Wliplic°i.trM to mllclwce the Itei au(°ra."ics of il", MA wrbVot i[ty6MtlI:Ra'w"IIt biniget5 to t7&,7ll"tB',P na this necessary vvewk results W rrrore a;ytPY,.nowt:. ]amintun tic m)d rh',1hobililaRtion Wap1Von.". r; P-AlUrriad ]opio'vemofl,l "Wn Ntellti'10.aw4Al,P Milan",xioiI;III d Stu l,Pin Any tl uh,nI l,d As] Iveifzln Anion lariftjd' f40f, linnartx'1SwnaIcIatnirnnt`rvnuiCkrr; F 'SW .6'rcadhlNlobdily5lraaap,iuhanrs1imewBondpsalcl,1kA FederalgiaasllAdnwnsiu,,ownjradriatr IUN Ila vM liUmnanun 11'WeTal 1,II.4 hod!mmIrerr5polaam3 Sy�acanx ]rdvranl LID I xu9 I alpeoveinu.nt l.7as14 iu9,PWI`6 I'hrlaliw 1N�lorlus'I`antt l'una9 V_oxu ts,,n CJ;yi]P w,w Pauu'ClawIwianaow11iogni FedM,nML 11vW ..6kaunspomakn fimp wcniew Avcmuio I1:HI 9'rarusporhkm bpvrnummm mead QAM 'l In"—"V inuvyearwWn 1'❑dicusao j br4y earn I$Wol CITY OFKENT Modified Drall SIX Yi?itlR 'I'IZANS��,,'(�)1?,'I'A]'ION I Mill ROVE IVIEN TPR(A,P'NAM V F.,A It 2 I t 12 - 2017 Pit OJECT M31: ResiderithtlTri.iffie Cahning Progrant Ongoing Chvwardu Projg�rom moscmilynom I Ks pnjol 011 WcOp and implameat residejoial Uaffic cohning thic"166tuo Ihne (,Oy yaihnity AS as hmoling allows, PROATCUCHST: PAWAIry -$750,000 Righi .. ........._.. ..gin FUNDING SOUR(AINP Ch y of Am J FSTiFICATI(YO I he pnqpunw was Spinally eMahAghal in I999 Yc, addres tralfic comerms, (m rOSUMN WMIAZITC (My Wmil recovaly adoNed a m4nd AaMr (Aning Prograin In order to niulke iururnvd, dlr,Onons abow acliolis �o bvM COUCT'lls. 'I hoxo., has hoon a [mc1,c,,:Vx Gu ra231LIUMS V,O IN,,' fitly nw mamm, or 1, l ysocm devices wNhin the last couldc of yearg MA rmulded A a QdHm Aimee it Ow iWed- o ,pood iind volhun-nc aml rmplvd numennis phlic moslingw flus paqlragn %ViH allm,v jiu adeqkudu tralfiv do keep up Win We inemism! danunT miuMm sudTicummes io ImoRmut flu'. Alli,fiv.') "Ind work avhh r,,Sidvnts tlmud ImAving troffic, ctmoms� and AM d�c purchHi.,. vmwmNl6fln ond consiruc ion ot' phydc�d dcndcus foi nafficeahning A It'-Aalmid InliplovallellC I'rogiani Stije I;CNd A Q -Copujus I im,liliiipdoi I lm A it Qmfl I y jl�okrn I L F651 - HoNd A allm Klim My Al --I 91,1AA1111 Ctgpidm;FWSIB 'mij WWWRy Smmpc hmsinwo Ruud YWWWTA - Q&mH NMI MonOWWO FWWQ, HE% Hvinid Flumittimm JFMerafl ITS Symellos p5maj I= I"wan haapilmmMut Omlnal t1W[F iublw W,111j,"I rjj,C 1),ja[Vill) SurancauPingran IFLA=4, HA-Tianspoulkilico ImplovelmeW ACmopOIO Tmqm&Wn ApmomM FmAPUd INV%mqxmWhOu PmItiod"l,NqlamIsmiell CITY OP" KEIVI' Modified Drat"I six Yout 'numSHIORTAII ONJ I NIPROVENI It P41' PROG RA Am Y E'Ak kz� 2013 - 3017 PRXMiq7r N32: KafAc h4gulm! Nlanagememl Wgrami Ougs'ling 0('lvick d"r ,u'ruvn DESCRI mom Ills jonnyon will analyze h-nnsce6ons fin pXmcrni"rl nislaFlafion Ill, Wdfirc "jignals or lldwl waffic vontrul w, insure safe and CISCOM me of Ow cyAQ and plonval franspodulbon netmark, INUMIYAS OF QUITI InCINCIMMISaml uWHADn hKay &H he usal m prkniiiza.s new ualfic lgmall dJ�',,mlkl(jons PROAXT COST: 1110"°lionnary l')q?„iviecrinp. .. .... ...... . iaght or Way Acqukibsn .... ... ... $3,600,000 FUNDING SOILHRCV,(S)� ('il), of Kcifl PROJECT J USTIIRCAI'10N" HiMirfically, flic, Cny )u,.ni% Me ne"i Im v%vo nc'w tialfic signak Im, ye'w to lilleul sot,c'Rw aml mobiliq needs, Ads yopmm budgcci l6i rmw.rIccis uveded w 11scul, [fit incica"'llig tLa,)N sj!��jjMkdizkAl C,-onln,fl and 111c constmi need Ar. UnMe cominim incurilor vehilks volumcsma.1 bchavkm ft obo ^,',uppons So relfacenm "Fuldl, onWmcd IrafAc signal quipmera ai mmmly signalived in9a�lscc'6ons' Th vriojrities IS Unpic Agnak WEI 1W W1 Q UmmlsommAls Symul mgmd mmuairl simhes which Andudo MIMICS Ol'WdUVWS, C(Akr,iOn hiSOA,y, IWASKyn rrvohdily nceds' mv.d romlvvay gwomcury 1'1'uk prugram rdso bulps the C it malmain kevei or sermcc swuhnis nmyssry Im; "Amain womacurrenny m FLN'pjira.,d b) I11C GUMN01 hVMIpnnCn1 01 Evnel[-Scall v-I umlla cmaujms H-hmgm MAY Amogic hmnlillula Rord ltilrtlrl I'l A nES TM MASIA9 I&MI[awl PlAu"SIP Tmmpw=n UpemoveM A"munk JIB- In,,,j,,,,,L,jIw,,,jj,jpja4Vtjnejj[s<ljlj f5ullcl. ITI, I'�uaa��uaatrip ProafarpsISI"a"I CATY 0F" KF,NTMwfifmcd Draft SIX IMPROVEMENTPROGRAM YEAR� 2012 -2017 PR Q Hq"f A3 3: MICA"InewAs hltersedIilm Impravemengs SDK IMMIX: Imprive miscellanolu" Unersections witifin 111C (J y w III Alodate hmIiro. tndfic PlwicW�s fi;r finprLivernerts lo 'he r)Jperahflinat ("41-16cricyol ffic nmdwa� systm htchkfirIp sipvO cm;Ad m]6,m programs uransil Nigiud prkm# Inw1hgovi, Sysierns, Aguud ulqp-ades such as pmedivoynnAve rdming ruid IED sWval McmOns upgrados. PRCUIIF,( 'T ("Os'll prulbuinaly FIlgincuing --'545,00k) Ri1g,,M M W'ay Acqukificm.... .......... .. . .. SO ...... ....--$255'000 FUNDING SOURCIUSI: If Aly & IVIII PIUM M "r J USTI FICATION; Ilia TranymOmi kJamor Pho M460 sc�vcmll Unteiscuions (hat will need to he impRoul kv twommochHe kflurc w,raffic jficsc mv rqwcad IhFC)ytjhYw IS (1y aml aye m MchuNd as squinda Quos Min fki 6-Year '1111 Increonhig the wqmchy' and Mdowy vF We cAl4q; roadway system thimigh IVperwbml aaathwovcmcnfP Is a vcty ccjk CfRxkv C mcnt ol, Ow mmmummkin pmgmwn. A I I ArtvdA I IiII I I�I 4OVy mi g';vavrtY CHAQ -(dM9MImn 411 9MIMW A a QMWY MMCWY FAK F 06NM Ad Hm Map Ir IN no PUN WAX w1w COMM MM I M -Fw%I1 MWINA at I A MEN TMIMM Ad Momko[FaIwMI, I WS I MIA I1mmMwn1r1&mQ_1 US - NWMpml hmqwAMwu Kau Rxime Llf-kuwd hnNovanew I A sWcLPVV IF-PubT VAOOKF wSlatv�'Mv "'m I awc I 1aIISIpojIafiq)j1PIq,aw 11:a�kkmfl. JIM I rmiWpwwlikv ImVv)vwvKAC o11JR1trT1H I IaftY01IM1101i Mwd INI"Me CITY OF I(F]AT Modlified Draft SIX VEAR� 2012 - 2017 PROJECT 034 Citllnpr(Amensh,e 111an Upthulie DES'CRIPTION; 116s Impiec; conshis tg' an vqdmu InT the Wuisportalion Flcrr nl IA the On"ImAinvive Kurt and aw-Vansprbuion Wmer Pin Windbag new Wnp ond Icing lunp. phrin"ing III' Iftc ("fly"', tlnlltsporlt,16cni sysleni tweds Prqlect co�* hrc,h.dc (aOtrstdtanl corlhacN l6r planninp, conctin rency mutrulgotm public KwOvernern, IraveI deinind :lnd tvsflfic ojwrahons and xnnalysis eF powndal :Hmining smuleWes lo consiruct, op(.,,raic and trubumn tho C!W4 tmnspwWW nN=1 Me project inidudcs st-,Afl hardwue and soffiwire to nuslyzz numage nad monilcir the transporialion novvork, 11 14 411 E(7 r C0,1vT:: PTCJIIIIrAary F'rigiflocring... . . . .. . $450MO isgis or my AcquidlNorr........... ... .30 4014rue"In ---............ .......---.....---so ATTAI......................14450JR1111 HINDIANG SOURCF(N�� CiLycl Kcw PROJEA",I, 'JUSTWICATION., 'I he Clly'a 200N A ransporlattort Masier Pin idm6fled Ow Oils Imnyum Quit symcni creeds Out n) the year 2030 W mats hoed on hu UhyV 20041 Phut Thh, projew wilt sjjwn the (1,4 M4 (WyMNve Man 11"Ild"'Itc by arcorporatl the Cl !Cs up(lifled hollsehokl and Job!, inlo filiture transponalkni dernand noull RHMMSI! mccnI ios arLd tkvckop pwtslbk wanylwallia, aherwalves (o acainvim,claw The neo, hc Citly alust bre in widl all slate. coull, Ind lcpricn1a1! poliJoa, nn old(n lo he Agibk by apply [Or cornroldivc gn&s— IN: (It wulumisrs V) nulskWe IranspoNsibn eniArcy, investigate incthculs OF mcnarring amcunency dula All] Inodci of linvc bcriev Wiculy Me may; our ctmomnunhy is changrg�j, 01'r"ag,12"i ffic cwnlrlulrh" in ifiscxwlsialas Am"ll Ittlare nt:na!ipokAltticHn jnva Aln,,,Tqs, and Wcaligascs Varkms wnys of hirIding ow hnuil,Q nueds Art'•Awl criNI fiiiprovIamra h%mN Plod(MAO ,('ongcMion hfifi(primmi AVO had Qwakrt,I edorallo FA r 1-reidn Ac6aa sinmogy fm lEn t Jo[jjjtrj("ali[Ini"INS111 Ncigbr Kill Sintegic Invesurted Bull l State],F 1"A , Fcalciat Ilaimit l I Vs I hiphn I H i III R11111101 I,I Fulrial I,It 8 hNAV.1 I�p I I I'I n I Iql(sl I njimi Sysicuis ilWcidl I,L In .I xp�a hupt,mcmcM Win I VVVI P -I I bk Wmks nitsi lhmd LaeuxltiludvJ Sir, Smricc immpmukulpaumn rdualiz rm%pwwmn MqWvaWW ACC WWlt CTTY OF KEA'I' Modified Draft SIX YEARnumbANAMMON INIIII()VP,�Wt�,N"I' �lIROGRAM� VFAR� 2012 20V PROJECT 105; ClinuncilzmAn (Streel Pdorkings) ImIummenr Program Ongtuima 0(vwidc DESCRIPTION:: lli.cvido porcel nunking, rq(ajc<n" 11hrotl0low 'he C ty to "';("palate zind �evu[Ac axmflioklg mu'veinews, define Inahs of, Ini'vch "'md f"'46hulio 'We aild ordedy mi (ily sirects, PROJFC'TCOST" Pickminary 1"MIJ11C $40,0001 $0 QmWnwhon . ........... ..... . $494JNH)l TOTAL.---...--....... $53 4,10 0 FUNDING FKAMMINI: MY of Wit PROJEC11, JUST]FIR A'11101N. Fhs ongoiiit progumn iap.atut oins and iupdates die chamocljriliou lkwiqr.hl,mi Jiv Uhl, I he (1, Ims Q41865 5m,,w feel (f+) ol,dialmoliza6ou saiphip! 4,15,300 raised payvemcni rmArq�% 12,(A2 Wi of ( ! c"rh and 7,171) LF P1 pairilcd C k,,urb, Ckulnv'Hn6on IIra.IRaw WATIA LOMI Mims and directs numbus famugh arcu (4 complexHl, These imarking,,� vwc AsT ugs! W delkew Mi rum ghmAge tpw;K! arc,as and do lenmion awos p-Or 6011 hmnkp vchiks I his prqpcc g)i-cscrvt,,i dw cLqxacivy amd cfficxcmc� of [he cxa ing roadway s'N sic'm CongcAiiA Nliflpm�om aml Air Owdhry[Fedvrgid FV,i H."s Vi CFFY OF KENT Modified Draft SM YEARQUINSPORTA F,J()�Nj IMPROVEMENT PROC, RAM "11 3012 - 2017 PROT11 A' 016o Rkyde sssleirn Ongoing ( Urvrwh' A'l erudn DESCRJPTION DOW rAcclAwnwus AnpAwanents ur Me Q 's Hcyck,, II wlenl,AIILrd �iv 111C C,'hapler (t hayr 6) of the adq*,d T3-,arq)oj,nr[irT1 Master I (I N4 Py lAcyck: larws are purl of hro%dual wea bywovranna Quety and eacl) W We Qw, alnould he WAved individually. I he comas of those like lamas added lo ] XV `aIrcu prijecIts ave Cainuted al approxim"10Y $40,000,000 juld are au? renceacid here, This proncict is 1:'oi slizired Iave sariping ind ^,jgntn�.,4, arul Iiar Ow exteinion of the pith, nu,Ivvork, PROJEC"T COST" f;''ua,lil¢naa y' d,aupirdareuILaa;.... ... .... roM8,500 RIM of Way Acj&on.......$72000 (':onsM,4cIkru ....... ..... 11011"A 11... —...------S"904,50O F-UNDUNC SOUROYIP (my ur%A PROJECT JUKRIVICUION: I lw 2WH "I rawINalaW, Nlaver 1% FlAmnHom ANI Syslum Wdy ImqAW to navawk of wharod Iww rows on ararisPurladolu (xw,idor�x throughoul 11W Cily to Q3 connect die bieyct e ,y�;teni Lane nnarkings and sign poWn, um VI awkSmis aral oydibros of uhowu wwridois Iles! suibad A sigidGaw hike uw- Sew shwedvinn I'aciiiaics Can jjnuv ilc ciiflcal Nnkai�,(N� W rua jcn o!yckny, ao:d"k"y cenw; W conneWons U, the shwed use path syslow. 'I hig pvpjan can Up adricvu A 01's goals Wr impnoving Avionating [Whqstc;d and impwAig fmuspwdo" A]P A II I ImpiommeNd 14 011dhl IS wleI;iWAQ ( riggvgjjon Nlaigako mind A fi,QuIi I y I a dern I I,I AS'I Ili e i plu Aukon S ii a I ogy 1W F;w el I,Sera Ile-Tacon li 0 in Ac FM 8 M Nd;W QWM W y 81 rMSw hm M mom L MW d jalie, ]'A I udowl I maol Adminisrutiori IFuJI AFN 4 I vald I rfi ri iratiall"�Vdc I aII I IS Iwo]I I gQ I I I I ra I I Y W Mqj JU -"Cli In lillokwic I I l OistliM M Ir-NN Work lorl I%I ru I Id 1,(1 a 1 IS'I ale]I,S1 13 Sill I ace TV;I I lsilm r al I ull II I"gi alli (Pudc al 1. 111 A I I al Ispol I i W i l Im l r avemew A ucoiiiit: I I B— 1,11115pul blooll Booid I Pi, I slana'AlIp Projoraill I(llatot 31 CITV OFKENIF Modified Draft SIX YiEtti4 '1'1 ,ANSIl1014'1'.A"VIA N 114 PRO N/11N11014 T PROG RAOM YEAR: 2012 - 2017 PROMICTUN37, Shileivalks, Nidewolk RquOr and she ,Aoncricans wiCh DRUM AM Connf)Hiwa Prograin Onguh,ka, Cifywwh, prci,grod,n DEMUPTUM SyMernahully "wnsiruist, new sdowalks us iikafified in thel (al lspm(dion Master Ptan as Oac 116orifics, (hroughow [he Clity, Rewlistinwt alld rcpaar exising slewalks und vwb rvtmp^ rnd all,aIaM macaw 1,niacated donw�s fwd halvd- Mwind s0walks k) QIUMUla the requivnients of the 10dwal Oncricane vvidl DisabihOw &I (ADA) consistent widi IS fitilfings offlic Nunnrwtoriz,"J (livipM ((1wp;cr(r) vTihc7(9)X flanifuzation 11RUIECTORM Preliminmy fUgh; of Way Uqui4don ......5250)(H) 32,250,0(to F1 IN[)#N(,' SOU RCF(S)� Cilly of Kent MUM( T JUSTIVICATUM Ibis piopeci is mandated l,)y I We H ol be MUCHCanS kukh UWANS AWL TAIL H requiIes tftw a p6he cwhy mcwt m0woc ik way-vice, p)grarog. qVicies. waid practice,s 1i) Lietennine %helher Iliq me in colinphilace w lh tho r(lii reydivrnems id' the A114. The ADA requile-s Amil an AD,[ Div?,Oion Mwp Ile w describe imy s1rucitual or"hysield Changes nNubod to nwkc pirogic,111w; 110 0* has COMWIMI a 1WIF Cwhalturl amf preparcd a Ti'lmsWon Plan inchmAng u jwkwtfizcl fist of' (o 1)a ng hscH into covorthancc with OIL, Federal A,[),,,\ wguhflions, Fhi�a pfogn"n 1wpiwi Vvi'u,king on Ohno, fi-m of jmojack to cwislruct ancl l-G[sljr fll( ( 91 k!' t Sa6MValk And sirwhidew1k ha"11% 2soncs Or accessibUy Ar ;91 ugas aml twOns hN addre-;s tire, pedcmr�an lmpnlvcincnts idcn6fic(l ul the lrawqwriaiim) sJlu�;Avl plam 'Chias Lvqicci can kAp ,xhkvc the Qy's goak tytv hnprflekig mol)flh(y, ic.dilidog vvikk iripa. increaskag phymcul acilv�i�y, iullal 11,,abq�omltil4'M connuandness A I P Aavdal hn ploio Ideal Piof"Thmi Srnlc� CMAQ 1 ingm a on KAI g a Am and Au QwW I Vk&rQ YAM J"Wd QWw MUMP AN I.vaa I-Scallk,-I rsovll,j On I I doir,IN s I d I Firrigla[Aobi I ay Slulwg�lu hwvvs[,I 1vW I lmtfo I"AaN 1, 1:LA �rcdcraw hawit A dwi I�alWllk v [Fodrlw] IIHS, -I aldlip't nal ilinspitm ioll.9yau-'s[FVJvr,,lt[;t It", -1,'Col lnlpin)vralc ill I hilrfcl.IIA07 r , Pit al ic 1 nlo�apo[I At ll I Aplowinna(AfArd rAw ; fan qwl tat o I I N1 I 1111�q Atilt 111,N)gyanil I I C1T'V OF KFNT Modified Dr,-rfll SIX 68 VIOM: 2012 - 20 17 pimim"r NO (Wardrail and Safetv Ilmwovements (hlgoirl�g Cilywide imsourrime Make mWeHanuous guanAmN improve"wrls ends yun io Mum nuaodsl Qdy, CAmUdaw ImIcas Whale Rcml, SE 246"'/114tit' Am,iuc Soulficasil hi[lsktc, Lake FeimUck Road r"M or SOW' Sturak mW 1000 Avenue 11mr1hcam, I Ittgnade oxisting guard01 end411'ealUIUMS as MAVed by AM mild Ildmal rq?uhtions. PIUMECUU)ST MclinjimU BigimWng .. ......$20MOO Hight of 'hay Acqukidon..... ........$10 Consmickmi -075JUM TcYrAL..................S19SAW0 FUNDING SOURCE(Sw Ciiy oflKcrl HFS PRUIECT JU,KHFH(:AT1()N: I [is p("eck in numdolod by =pUmm, with A'&M' Wld Cho requieme"; on cHnArtah; pmcml�ally 9 n'lval d�1,11 Is lwpd�s;aly AlP -A Ociial luryruarn.oiera 14mmAbold CNIN A%cmmo N40p6omiaild A! QuMily�Federal I;VM I' ,firciphi Act on Wkiwrq for Wwk;lTmqFmdlonnpm4Ym slake I nimpmMom pulpmm JR&M,74 1"Vil"pw1alloll N11plovullic it Mal M;111(!1, I PP FlaM I J 09 tal I(m I 1P11 I I I 4 I flkip Proalam I Stale CITY OFKENTModiried Diraft SI "l',,All TRANSPOR]FATION I MPROVEMENTPROG RAM WE AM 2012 - 2017 PROJEC1, N39; (unrunuix"ity 11"Mvd Orcup,10ing ShilictItivs UKSCNA MON: widinue to pumide (inhanced vansit sei-N,iu to Inn Ille leeds ol the cmlnlrluniiy, flmough the use of Ged,uge AM smKin AS derwid it,wKe r0li, Rowes 914/910 qerve the Ki Fransi� Ccwej, Reg�on,d Justice Ceni Kciiii (hy Aln Green Rivor r"(111intunny Coflep;c,s KeM C,Unpus, and looal Shopping 'Ind litllAeal fo6filivs� lht Rowe 918 shindecomwisix INOW's celijnc,u evilly th:ur rqjoujl bus aIiud train "'Ol vlces m 1,11c, K Cut I ransit ('VII maimur irnm NiNhwhiary Fng,6ncevtnp.,� ....... ... ......- .--30 RIght M My Acqi... .. .... . ...$0 1152,000 ...—32S2,00 PI)NDING SOURCE'( ). City oJ"K,(,I,1, CNVV), Kk iig Cou,III[y, I'l S MOAN"F JUSTIFICATION: %ju.9141916 povIde niotittlity and Indclwildence In olcily OFOw city,!; aild wducc dw need IS explunsivC AC II survA 11, umny vdieckluldr-Jilt, scrvicc ldp�, 4 on1lituraly cJrrluultullnt "huldc's, inlvounvli dw, lNlnkd[lyAfion of "O ;q;cs, oil oviouGG pyoups, all physical abIldian and vinually ak 4 tiur C01,13"flinhy in everyday cvic lilin vilhout III isololioll [tIlld ploillifinn cil, 11w nLflonlobdc fin e=3 OR (MM"nuiler. SIAM elbutucu the nalk"Mid InunduhAig by providinp, vital link Torn honic or Nvork ilip dic Tiiakrban. CulilIiev, vswowaong popm to 1mvek"Rhwa Mir pemmud YAWS Ins awAdOg tho AMC ini bu war qualli, and rNhw4l vulagoidon un Val streew. A fl -At Ndll I III ill I owirwill 'roguilli (NUINJ,CMAQ- I;IillggSnw MOWAM MW A h OMITY PIMT KMST-FiwiqluAckm Sumqy by rKIU3 -J�roip,+A Rib my SVMRJC Invuslim oil I Huard lSuftl,I I A Fetleint I lam I Atli Hit ik'liiflio�h I 1 I I IN p I uiurd il I iahiiKion III I Ill I I i N, ,blif.,I I iii I Ty.111spurrywoti Sy,miros,I FLderul I,I I I) I(Jf,,A lirwp ive I tue,I It I*alic I;11M,11, l'uAaClo Wiblliiq Flusl Pond I xMill JAM4 TIT- I tedoull], I]A tinprovaii Aclxww,'I IB Hill triinxpwlj tanoin NO HIM 41 ill PrOgrill1l,I!lWlQj 10 CITY OF KENT Modified Draft SIX YEAW, 2012 - 20 J? PROJECT #Mh Trau%it Now Servicv 11,winorsivilt llrograni OJ,Rgoinp, ( Pk-ogruyn If)ESCR IF T`110 Nh drransii N<mk in, a voter-approveill King Cloillity Metn"') lrunsk plogwlu w1nell pivvidos incentivem IN WaIjuHaReshms w ivoprcPvc local trw,N t opcnllion [:°Py (.,nto rak into to direct fijiaan6at pailrership wilh Moro kw providing additional service. klarki wffl inalch a parnwVs oornyluAn on a 2:1 basis. wansh Now rmpilims a mKOwni umtribunio"i fivin the pariner. M $100,000 per yew kn [l' c (5) yerus In Al a ncxv route. Kent liar, ctuacd two pwaJAp WM MWo to provWc new ReNce wo IS Wes und Riverviea la °ty!1'rkaeaouhivaacl�a arld to provA., the inissing &A bubmeen lhe Kent I[Lr<jjawlt Cctnvr and vnajoi- v%orkskes, 'ln i1tc valley indflmr4ll aria PIUMICTCOST: PMjjjjnjjajjj-y C�JugjauCel�-lJjg.. .... 1 ,w)0,000 Aght of Way Aqvibithm,.............$0 JMOMOO FUN W PM SOURCE(Q: (my or WO, King Onuity, Onnnuc Up Redinwhon Pugunr (MR) Illphiyus PRUMA J 11 STI 11,11(A H 0 N 1rund! servico (hw� aaiid wain) beowen Kcni ;lnd doAlfloo,,n Sciatic is Pencrally coynpeddv�, 1, iflr ,�rglltaart'rralwuln driving diving die =utaac hwan lOwsh soTle w,ffiin .era and bciviven Koulu iUld it4 h�B' Soiw,ls D NC M laaw fix,quelli"y' jvwrjwar iS "inil-fly noli a option 1 y� vvlw need oo Me a itip duhng W M ckiy. cnlnrnutol4 working non- hadinion",l] al:W pwak unw- coimwuliura who suc Out ikle is no alwy nw sovkc WN the nccd to wave] dutink 11w toidday I'licse parincirsInp alhvv to to Italy nor "my into p"wkMqg wWwwl savle W ll-M( We WOUld lkn bV Rblc lo ONaill A P-A I cla I Iflipfc-YU171c,I I P1,31,qd I%I jf�hllC I;CMAO NOirpAw ,i I I d Air 0,U I I ty I Fulvirld FAN I Freivht Aellor Yrilegy 14� 11wWwSwuld HMMM OnswjMSM Adwa MAQ MMM,COMM WSW IMM,HA Fedwil Nn%i�Adirninmintmi if cdog1j, I Ws llq?wd FillLillalimil Fedviall,i IS halligcw I mimpolluclon Sy5W]w 11,Cdculij;1,11) .1 oj�j I PWI F- Publuu W nks I wsl Fund lxrml jS[lticj:s i i: 4 CITY OF lKEN'll' Modified Drarl SIX Y F'Aft TRANSPORTAMON IM PRO VIKMENPVC' PROGRAM P9COJEC',7441 Raitroad Oidel Zmic fm- Downtown Urban Center Ongwt,g O(YrOde Progymn m,'scrurnow FAMAHMM vF a railioad quict wNinu Rw the Burlhio(nn Northern fbMa FO Radwad (BINS ) Crack s and fltc Urii(irr Pac.ilic Raihmwl (UPRR) tw�aeks dirmq,!h dw Cky cd, Kent, Thc pade (14)ssirq;s ro Iv included fil Ole quicl /clue on flw BNSF ruilivad rm,6n% am: 1; 250h Sireen vVidis soeo, '1111.1's Slwet, OWN"o Suvcl� \/teckel, Sirect, Snirth StmTt, Janie Street, uO S 2 12'r StL-cul, III , g�rj,.J(., ("'romings included in Ille alum zone Or lhc HVIRR majnkink!, tuwk�, aru� Wiffis Street (Sit 5161 W' Smhh ;Sited, W kleckcy StrccI, W James Strov,, S 228"' Strcd,and S212"' Sisca PROJECT COM Prelindnavy knWwurdw. 33 50TON) Right wA'Way Ac,wpfisiG(m (.'a)instruc6on F 1114 M NN 0 b" S 0 1�RCE(S): tIy n f K cn I t ackl c i it Ra i I A(h i s 0 v I&i q F I I WA maimir JUSTIF1,CATI4, N2 Wmnolw enskems heghl scamsfing dw tr,,6n motwiled ix ru apploxhinatcly InHc t"I'ma tirc A a hiplawaysuibuld cruswJng, The, wwldag� dovicc js an efliclive dennnu W accidovis W pmdc cr(pssilrgs Nix cxplscs Ific IoVLwd conmnunly as sypdncant Invels nf We dmi often ckpwcates to quWiq of hh, W Me hvhg Must lo Me uslinvad lbedillus (!m9n,wnlAMgwhom HMI 12%weU MohidtYsiratugic hmsonul Owdywy]JOW FaWA An W&JiniiiilfiWcil II'Mcliall, IWS-V warm c11i2uinluiar7ian lrcmceawl. is wellipew I aiispolMlioll liynweriarE tlFcdmllj, LIV,lx�al finproirmicni LYflikt! I'W I F I'Milk: WDASTFUlt Flilld ILAM11 lSIMCJ-�Tp- 5"ldaco j[C(t",jjI ?%Cek,,Wj, rfl5 CITY T SIX YEAR TRANSPORTATION IMPROVEMENT �12 w 2017 This page intentionally left Blank k For MAP PROGRAMSIX-YEAR TRANSPORTATION IMPROVEMENT 2012 — 20117 40 0 AS 11 KGTO N For more information or additional copies of this document contact: Stow KALJllon„ Transportation Engineering Manager City of Kent„ PuNic 'Works, Engineering 220 Fourth Avenue South Kent, WA 98032-5895 (2 3) 856-5585 smullen ci.kent.wa.us 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 Y. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of November 15, 2011, and workshop minutes of November 10, November 15, November 17, November 19 and December 6, 2011. 7B. Approval of Bills. Approval of payment of the bills received through October 31 and paid on October 31, 2011 after auditing by the Operations Committee on November 15, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/11 Wire Transfers 4811-4828 $1,496,509.24 10/31/11 Regular Checks 657925-658277 4,064,238.45 Void Checks (7,717.80) 10/31/11 Use Tax Payable 502.61 $5,553,532.50 Approval of checks issued for payroll for October 16 through October 31 and paid on November 4, 2011: Date Check Numbers Amount 11/4/11 Checks 325308-325487 $ 142,778.27 11/4/11 Advices 290283-290937 1,234,980.60 $1,377,758.87 Kent City Council Meeting KENT November 15, 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, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Public Communications Item E and Consent Calendar Item DD were added to the agenda. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No public recognition was given. B. Community Events. (CFN-198) Ranniger announced upcoming community events and Raplee announced upcoming events at ShoWare. C. Green Kent Award. (CFN-155) Conservation Specialist Gina Hungerford explained the Green Kent program and announced that Applus Technologies has been named the 2011 Green Business of the Year. Mayor Cooke presented the award to Christine Schmidt of Applus Technologies, who expressed their thanks. D. Kent Parks Foundation Donation. (CFN-118) A check in the amount of $8,000 to be used for equipment for a music studio at the Phoenix Academy was presented by the Kent Parks Foundation. Parks Director Watling explained that the funds were raised through the recent "Dancing with the Stars" event. E. Small Business Day Proclamation. (CFN-155) Barbara Smith, Executive Director of the Kent Downtown Partnership, announced a celebration recognizing the importance of small businesses on November 26 and invited the Mayor, Council and general public to attend. Mayor Cooke read portions of a proclamation declaring November 26, 2011, as Small Business Day and presented it to Ms. Smith. PUBLIC HEARINGS A. 2012 Annual Budget (second hearing). (CFN-186) Finance Director Nachlinger gave an overview of the operating budget including all funds, reductions in positions, and major revenue and expenditure changes. Upon a question from Harmon, Nachlinger noted that the 20.56 positions proposed for elimination are currently vacant. Mayor Cooke opened the public hearing. Marsha St. Louis, 22522 113th Place SE, asked the Council to keep the Neighborhood Council grant program in the budget. Chad Gleason, 9831 S. 220th Place, representing the Kent Downtown Partnership, requested funding to assist with a Roger Brooks Opportunity Assessment project. Nancy Simpson, representing the Greater Kent Historical Society, 20836 101st Avenue SE, urged the Council to continue funding for the Historical Society. 1 Kent City Council Minutes November 15, 2011 Charmaine Pekema, 20418 123rd Court SE, asked the Council to preserve the adaptive recreation programs in the Parks Department budget. Glenda Line-Williams, 20506 120th Avenue SE, also requested that funding for the adaptive recreation programs be continued. Sharona Chandra, 22518 129th Place SE, spoke in support of funding for the Kent Arts Commission. Orval Dealy, 25104 119th Court SE, spoke in support of funding for Parks sports programs and the Senior Center. Ken Carlson, 21035 101' Avenue SE, and Donna Worden, 23104 125th Avenue SE, also asked that funding for Senior Center programs be maintained. Randall Smith, 22027 120th Place SE, thanked the Council for their support of Parks programs such as the Big Blue Bus, playgrounds, day camp and teen employment. Jim Berrios, 9506 S. 234th Place, voiced concern that Administration has proposed $4.9 million in property tax collection in the budget. At Harmon's request, Berrios explained the efforts of the Kent School District and the City to work together to expand and replace soccer fields. Parks Director Watling concurred with Berrios' comments and said he looks forward to working together to expand fields. Marvin Eckfeld, 11428 SE 226, requested funding for human services; Mike Heinisch of Kent Youth and Family Services, 232 S. Second, also addressed human service needs and requested continuing support. Manuela Ginnett of the Multi-Service Center, 515 W. Harrison, reiterated the need for support of human services. Wade Schwartz, 22403 129th Place SE, encouraged people to volunteer as a way of supporting their community. Council President Perry read into the record a letter from Monica and Mike O'Neill, Chester and Kathleen Ekstrand, and Sally and Brian McDonough, asking the Council to keep the $4.9 million Regional Fire Authority funds in the budget for police support, road work, and other vital services. She moved to make the letter a part of the public record. Raplee seconded and the motion carried. Harmon expressed concern about certain issues relating to the budget: the proposed utility tax increase which would include cable TV and drainage fees; an internal utility tax on water, drainage, and sewer; and ShoWare losses. He noted that he has presented Council with ideas to reduce spending, although he expects that they won't be taken seriously. He said residents may not be able to attend budget meetings and that they rely on Council members to represent them when it comes to increasing taxes and fees. He encouraged residents and business owners to attend budget meetings or call City Hall to give their opinions on taxes and fees. He encouraged Council members to say no to increases, and provided copies of an article from the Wall Street Journal entitled "Cities Hit as Funds from Bonds pay Other Bills" which he asked that they read. Harmon and Nachlinger responded to questions from the Council President, and Albertson stated that if she says no to taxes and fees, she must also say no to programs and services, and pointed out that many positions have already been reduced. Perry moved to close the public hearing. Albertson seconded and the motion carried. 2 Kent City Council Minutes November 15, 2011 Perry expressed appreciation for the comments from the public and encouraged her colleagues to take them into consideration. Ranniger concurred, and urged residents to contact their state legislators. Harmon said that although he would like to see programs continue, savings such as salary cuts must be made at City Hall, and suggested starting in the Administration Office. Ranniger responded that positions have gone unfilled, programs have been cut, and furlough days have been taken over the last two years, and that cutting hours or employees or programs translates into cutting services to the public. B. 2012-2017 Capital Improvement Plan (second hearing) and Compre- hensive Plan Amendments. (CFN-775) Finance Director Nachlinger explained the Plan, after which he and Parks Director Watling responded to questions from Council members. Council President Perry opened the public hearing. There were no comments from the audience and Thomas moved to close the hearing. Raplee seconded and the motion carried. C. Kent Comprehensive Plan and Amendments to Kent City Code Chapter 12.13 re School Impact Fees. (CFN-775/961/1000) Planning Manager Charlene Anderson explained the Plan and amendments and Mayor Cooke opened the public hearing. Tanya Nescient of the Federal Way School District, 31405 18th Avenue South, Federal Way, noted that the impact fee in their Capital Facilities Plan has not been increased and urged the Council to adopt it. Jeffrey Grose of the Auburn School District, 915 4th Street NE, Auburn, reviewed the update to their Capital Facilities Plan, and asked the Council to accept their plan as part of the Comprehensive Plan. Dr. Richard Stedry of the Kent School District, 12910 SE 240th, Kent, stated that impact facts are not going up this year due to the economic conditions in the community. Albertson noted receipt of a letter from the Highline School District, received as part of the Midway Subarea Plan, asking that they be included as part of the impact fees when that plan is approved. There were no further comments and Perry moved to close the public hearing. Raplee seconded and the motion carried. D. 2011 Tax Levy for 2012 Budget. (CFN-104) Finance Director Nachlinger explained the proposed tax levy and the estimated rate increase of approximately $7.00 for 2012. He responded to questions from Council members Albertson and Higgins regarding property tax assessments. Mayor Cooke opened the public hearing. There were no comments from the audience and Perry moved to close the public hearing. Raplee seconded and the motion carried. PUBLIC COMMENT A. Municipal Court Judge Appointment. (CFN-983) Glenn Phillips, Presiding Judge with the Kent Municipal Court, 1220 Central Avenue South, Kent, and Prosecutor Matthew York, 3237 S. 261st Street, SeaTac, both spoke in support of the Mayor's recommended appointment of Karli Jorgensen as a Judge in the Kent Municipal Court. 3 Kent City Council Minutes November 15, 2011 CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through DD. Raplee seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of November 1, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through September 30 and paid on September 30 after auditing by the Operations Committee on November 1, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 9/30/11 Wire Transfers 4773-4791 $3,103,154.97 9/30/11 Regular Checks 657163-657512 3,736,574.98 9/30/11 Use Tax Payable 126.99 $6,839,856.94 Payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on November 1, 2011, were approved. Checks issued for vouchers, were approved: Date Check Numbers Amount 10/15/11 Wire Transfers 4792-4810 $1,821,856.67 10/15/11 Regular Checks 657513-657924 2,113,778.88 10/15/11 Use Tax Payable 2,821.35 $3,938,456.90 Checks issued for payroll for September 16 through September 30 and paid on October 5, 2011, were approved: Date Check Numbers Amount 10/5/11 Checks 324949-325134 $ 174,775.51 9/21/11 Voids & Reissues 324947 0.00 9/23/11 Voids & Reissues 324948 0.00 10/5/11 Advices 288978-289625 1,222,584.09 $1,397,359.60 Checks issued for payroll for October 1 through October 15 and paid on October 20, 2011, were approved: Date Check Numbers Amount 10/20/11 Checks 325135-325307 $ 123,820.53 9/6/11 Voids & Reissues 324762 0.00 10/20/11 Advices 289626-290282 1,225,963.69 $1,349,784.22 4 Kent City Council Minutes November 15, 2011 C. Pawnbrokers Ordinance. (CFN-175) Ordinance No. 4007 amending Chapter 5.05 of the Kent City Code entitled, "Pawnbrokers," updating provisions in conformance with state law was adopted. D. Bulletproof Vest Partnership Award. (CFN-122) The Kent Police Department was authorized to accept the Fiscal Year 2011 Bureau of Justice Assistance Bulletproof Vest (BVP) grant in the amount of $4,832.16, amend the budget and approve expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. E. Bureau of Justice Assistance Grant. (CFN-122) The Kent Police Department was authorized to accept the Fiscal Year 2011 Bureau of Justice Assistance Grant in the amount of $9,975, amend the budget and approve expenditure of the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. F. Washington Traffic Safety Commission Grant for DUI and Seat Belt Enforcement. (CFN-122) The Kent Police Department was authorized to accept the Washington Traffic Safety Commission grant in an amount not to exceed $8,500, amend the budget, and authorize the expenditure of funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. G. Washington Traffic Safety Commission Grant for Traffic Safety Patrols. (CFN-122) The Kent Police Department was authorized to accept additional grant funds in the amount of $1,500 from the Washington Traffic Safety Commission, amend the budget, and authorize the expenditure of funds in accordance with the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. H. Public Safety Testing Agreement. (CFN-122) The Mayor was authorized to sign the Public Safety Testing Subscriber Agreement with terms and conditions acceptable to the Police Chief and City Attorney. I. Pace Engineer/640 Pressure Zone Analysis Agreement. (CFN-1310) The Mayor was authorized to sign a Consultant Services Agreement with PACE Engineers, Inc., to perform Hydraulic Modeling for the 640 Pressure Zone in an amount not to exceed $14,800, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Systems Interface/G ui berson Corrosion Control Agreement. (CFN-1111) The Mayor was authorized to sign a Consultant Services Agreement with Systems Interface Inc., to perform programming for the Guiberson Water Treatment Facility in an amount not to exceed $16,350, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. King Conservation District Grant/Downey Farmstead Restoration. (CFN-1038) The Mayor was authorized to accept the King Conservation District Grant in the amount of $46,419 and direct staff to amend the budget, and authorize expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 5 Kent City Council Minutes November 15, 2011 L. Boeina Levee Proiect, Amendment No. 2/Tetra Tech, CLOMR Review. (CFN-1318) The Mayor was authorized to sign Amendment No. 2 with Tetra Tech, Inc., to perform analysis and certification of the Boeing Levee Project in an amount not to exceed $72,284, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Boeing Levee Proiect, Amendment/GEI, Peer Review. (CFN-1318) The Mayor was authorized to sign an Amendment with GEI Consultants for peer review of the Boeing Levee Project in the amount not to exceed $14,568, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. SR 516 & 2315t Way Levee, Amendment/GEI, FEMA Accreditation Support. (CFN-1318) The Mayor was authorized to sign an Amendment with GEI Consultants to perform design and technical analysis in support of FEMA Accreditation for the SR 516 to S 231st Way Levee in an amount not to exceed $15,172, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. SR 516 & 2315t Way Levee, Amendment/NHC, CLOMR Review. (CFN-1318) The Mayor was authorized to sign an Amendment with Northwest Hydraulic Consultants to support the FEMA accreditation process for the SR 516 to S 231st Way Levee in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. P. SR 516 & 2315t Way Levee, Amendment/Tetra Tech, FEMA Accreditation and Peer Review. (CFN-1318) The Mayor was authorized to sign an Amendment with Tetra Tech Inc., for peer review of the FEMA accreditation process for the SR 516 to S. 231st Way Levee in the amount not to exceed $6,315, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Q. Briscoe/Desimone Levee, Amendment/Geo Engineers, Analysis & Certification. (CFN-1318) The Mayor was authorized to sign an Amendment with GeoEngineers, Inc., to perform analysis and certification of the Briscoe/Desimone Levee Project in an amount not to exceed $66,145, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R. Briscoe/Desimone Levee, Amendment/NHC, CLOMR Review. (CFN-1318) The Mayor was authorized to sign an Amendment with Northwest Hydraulic Consultants to support the FEMA Accreditation process for the Briscoe-Desimone Levee in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. S. Briscoe/Desimone Levee, Amendment/GEI, CLOMR Peer Review. (CFN-1318) The Mayor was authorized to sign an Amendment with GEI Consultants for peer review of the FEMA Accreditation process for the Briscoe/Desimone Levee Project in an amount not to exceed $25,200, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. Horseshoe Bend Levee, Contract/NHC, CLOMR Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Northwest 6 Kent City Council Minutes November 15, 2011 Hydraulic Consultants to support the FEMA accreditation process for the Horseshoe Bend Levee in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. U. Horseshoe Bend Levee, Contract/Tetra Tech, CLOMR Review & Stability Analysis. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Tetra Tech, Inc., for peer review of the FEMA accreditation process for the Horseshoe Bend/Foster Park Levee Project in an amount not to exceed $18,372, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. V. Horseshoe Bend Levee, Contract GeoEnaineers Additional Geotechnical Analysis. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers, Inc. for the Horseshoe Bend Levee for additional geotechnical analysis in an amount not to exceed $67,930, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. W. Lower/Lowest Russell Road Levee, Amendment/NHC, CLOMR Review Response. (CFN-1318) The Mayor was authorized to sign an Amendment with Northwest Hydraulic Consultants, to support the FEMA accreditation process for the Lower/Lowest Russell Road Levee in an amount not to exceed $30,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. X. Lower/Lowest Russell Road Levee, Amendment/Tetra Tech, FEMA Accreditation & Peer Review. (CFN-1318) The Mayor was authorized to sign a Contract Amendment with Tetra Tech, for peer review of the FEMA accreditation process for the Russell Road Levee Project in an amount not to exceed $6,315, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Y. Hawley Road Levee, Contract/NHC, CLOMR Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Northwest Hydraulic Consultants, to support the FEMA accreditation process for the Hawley Road Levee in an amount not to exceed $15,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Z. Hawley Road Levee, Contract Amendment Tetra Tech FEMA Accreditation Peer Review. (CFN-1318) The Mayor was authorized to sign an Amendment with Tetra Tech, for peer review of the FEMA Accreditation process for Hawley Road Levee Project in an amount not to exceed $6,315, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. AA. Hawley Road Levee, Contract GeoEngineers Additional Geotechnical Analysis. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers, Inc., for additional recommendations for Design and Construction of the Hawley Road Levee in an amount not to exceed $15,050, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 7 Kent City Council Minutes November 15, 2011 BB. Kent SODO Neiahborhood Council Resolution. (CFN-1311) Resolution No. 1848 amending Resolution No. 1757, renaming the "South Kent Community Neighborhood Council" to "Kent SODO Neighborhood Council was adopted. CC. Six-Year Transportation Improvement Program. (CFN-164) December 13, 2011, was set as the Public Hearing date to consider the Modified Draft 2012-2017 Six-Year Transportation Improvement Program. ADDED ITEM DD. Excused Absence. (CFN-198) An excused absence for Council member Thomas from the November 1, 2011, City Council meeting was approved. OTHER BUSINESS A. Municipal Court Judge. (CFN-983) Mayor Cooke recommended that the vacancy created when Judge Robert McSeveney resigned his position as Judge of the Kent Municipal Court be filled by Karli Jorgensen. Ms. Jorgensen outlined her experience and qualifications and offered to meet with Council members at any time. Council President Perry noted that confirmation of the Municipal Court Judge is scheduled for the City Council meeting of December 13, 2011. REPORTS A. Council President. (CFN-198) Perry reminded Council members of a special workshop on the budget to be held at 5:30 p.m. on Thursday, November 17. B. Mayor. (CFN-198) Mayor Cooke reported on her recent meeting with the Governor and four other mayors regarding the budget, noted that last week she testified at the King County Flood Control District meeting in support of the budget, and displayed a photograph of three homes recently renovated by Habitat for Humanity. C. Administration. (CFN-198) CAO Hodgson pointed out that there will be only one Council meeting in December and that it will be on Tuesday, December 13. He added that the 2012 Budget will be discussed at the Operations Committee on December 6. D. Economic & Community Development Committee. (CFN-198) Perry noted that the Envision Midway Plan was passed out of committee and that it will be on the City Council agenda on December 13, and encouraged Council members to review it before then. E. Operations Committee. (CFN-198) Raplee noted that the next meeting will be at 4:30 p.m. on December 6. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be at 5:00 p.m. on November 17, and the agenda will include the Parks Asset Analysis Update. G. Public Safety Committee. (CFN-198) Harmon noted that the committee will not meet in December. 8 Kent City Council Minutes November 15, 2011 H. Public Works Committee. (CFN-198) Raplee noted that the next regular meeting will be on November 21, that there will be a special meeting on November 28, and that the meeting originally scheduled for December 5 has been cancelled. I. Regional Fire Authority. (CFN-198) Raplee noted that the budget has been approved including an increase in the fire benefit charge, and that the next meeting is on November 16. Thomas added that the possible merging of the Tukwila Fire Department and the SeaTac Fire Department is still on hold. ADJOURNMENT The meeting adjourned at 9:55 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 9 `w•/ KE O T W R!iHIM(f T(iN Kent City Council Workshop November 10, 2011 Council Members Present: Albertson, Higgins, Perry, Ranniger The special meeting was called to order at 5:38 p.m. by Council President Perry. 2012 Budget. CAO Hodgson explained that the discussion tonight will be on the General Fund and the Annexation Fund. Financial Planning Manager Barbara Lopez went over the forecasted revenues. Economic & Community Development Director Wolters and Planning Services Director Satterstrom described their proposed permit fee increases and provided a comparison with fees in other cities in the region. Other types of fee increases were also considered. All agreed funds for technology should be kept separate. Council members discussed Cultural Competency Training plans, and Employee Services Director Sue Viseth answered their questions. Council and staff reviewed the major changes in the 2012 budget as shown on page 11-A of the Preliminary Budget. The meeting adjourned at 8:00 p.m. Brenda Jacober, CIVIC City Clerk `� KE O T Wnsninw'rnn Kent City Council Workshop November 15, 2011 Council Members Present: Albertson, Harmon, Higgins, Perry, Raplee, Thomas Council Member Ranniger arrived at 5:53 p.m. The meeting was called to order at 5:42 p.m. by Council President Perry Intergovernmental Issues. Michelle Wilmot updated Council members on County and State redistricting issues and discussion was held on the Council's preferences. Wilmot urged Council members to contact state legislators about budget issues relating to the city. (Council member Ranniger arrived at this point.) Perry expressed her desire to formalize a Federal legislative agenda, and Council members reported on their attendance at regional meetings. Animal Control Update. CAO Hodgson explained the background of the animal control issue and noted that because of escalating costs, various alternatives are being looked into. Parks & Community Services Director Watling distributed and explained an estimated payment calculation and noted that Kent's costs are much higher than other cities because the shelter is located in Kent. Alternatives were discussed and Watling said he will report back to Council during the first quarter of 2012. Perry encouraged her colleagues to review Envision Midway, and reminded them of the budget workshop on November 17. The meeting adjourned at 6:25 p.m. Brenda Jacober, CIVIC City Clerk Kent City Council Workshop 2012 Budget November 17, 2011 Council Members Present: Albertson, Higgins, Perry, Ranniger, Raplee, Thomas The special meeting was called to order at 5:40 p.m. by Council President Perry. General Fund/Annexation. Council members were provided with information relating to questions brought up at the workshop of November 10, and staff explained the status of each item. Business license fees, permit and impact fees, and animal control were discussed. Capital Fund. Changes to pages in the Preliminary Budget relating to the Capital Fund were distributed and explained. Discussion was held on issues including parks fees, technology fees, Comcast fees, and transportation. Utilities. Enterprise Fund. Discussion of utilities including a 5% internal utility tax, changing the automatic increase in the drainage rate from 15% to 5%, and a tax on cable TV was held. Ranniger, Raplee and Thomas spoke in opposition to the cable TV tax, and Hodgson said he will provide additional information on the 5% internal utility tax. Summary. Hodgson summarized what needs to be done after tonight's discussions, and which issues still need consideration. All agreed to meet at 9:00 a.m. on Saturday, November 19, 2011, in Chambers East, Kent City Hall. The meeting then adjourned at 8:05 p.m. Brenda Jacober, CIVIC City Clerk '*�✓ 1�E 1+J T 4YARMIry Gi4N Kent City Council Workshop November 19, 2011 Council Members Present: Albertson, Harmon, Higgins, Perry, Ranniger and Thomas. The special meeting was called to order at 9:20 a.m. by Council President Perry. 2012 Budget. CAO Hodgson gave an update on items from the November 10, 2011, budget workshop by explaining which have been done, which are in progress, which can't be done, and which are long-term projects. Replacement pages for the budget notebook were provided and explained. Discussions were held on issues including business licenses, utilities, technology, cable TV, an internal utilities tax, and the golf complex. Hodgson explained what the shortfall would be with the changes which were discussed, and ways to meet the shortfall were discussed. Hodgson explained the next steps to be taken and a workshop was tentatively set for December 6 at 5:30 p.m. Council member Higgins had left the meeting at noon and Council member Harmon had left the meeting at 12:15 p.m. Council member Raplee had arrived at 12:15 p.m. The meeting adjourned at 12:25 p.m. Brenda Jacober, CIVIC City Clerk �� KENT Kent City Council Workshop December 6, 2011 Council members Present: Albertson, Harmon, Higgins, Perry, Ranniger, and Thomas The special meeting was called to order at 5:35 by Council President Perry 2012 Budget. CAO Hodgson stated that the 2012 budget has been balanced and that the agenda for tonight is to review the ordinances affecting the budget, the budget document containing the changes, and the service and staff reductions. City Attorney Brubaker explained each of the ordinances affecting the budget and responded to questions. Council members agreed on several changes to the ordinances. Finance Director Nachlinger reviewed Exhibit B to the budget ordinance, which shows the details of the budget summary (Exhibit A). Hodgson explained the service and staff reductions. Each department head spoke briefly about the cuts in their department, and Council members discussed the reductions. Hodgson stated that the changes requested tonight will be incorporated and that the budget will be ready for adoption on December 13. At 9:00 p.m. Perry excused staff and Council discussed adoption of the budget. The meeting adjourned at 9:30 p.m. Brenda Jacober, CIVIC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: December 13, 2011 SUBJECT: Kent Downtown Partnership Contract - Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Kent Downtown Partnership in an amount not to exceed $33,600, to provide economic development of the downtown core, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Services under this agreement include but are not limited to; hosting events, marketing downtown properties, facade improvements program, developing an improvement plan for downtown sidewalks, street trees, light posts as well as encouraging businesses and developers to locate in downtown Kent. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee and Economic Development Manager BUDGET IMPACTS: Yes CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent ntown THIS AGREEMENT is made between the City of Kent, as Washington 1rlunicipal corporation (hereirafter the "City"), and Kent Downtown DBA Kent Downtown PaftnerslAp organized Under the laws of the State of Washington, located and doing i at 202 W. Glowe St., Skil;te A, Kent, VVA 980,32, (253) 8.13-6976 (hereinafter the "C,orISUIji I. DESCRIPTION OF WORK. COnSLAWIt shall perill the following services for the City in, accordance with the following described plans and/or Provides services in accordance with Consultant's 2012 Work Plan attached arld incorporated as Exhibit A, which seeks to increase eccriornic develop Irrient of Kelit'$ downtovorr core. Consukant's services include, asMsti the Cifty in developing an irnprovernent plan fol1r, downtown sidewalks, i and light posts; elricouragmg devc4opers and bu:siriesses to locate in downtown Kent; ,and publishing advertisements Inviting consumers to visit downtown Kent." Consultant furtlrer tepresents that the services furnished under this Agreement will be performed iia amordance with gererally accepi professional 1pracatices wiffri the i Sound region In effect at Ole thne diose services are PerftjrrarE,,(j. xi. nME OF COMPLETION. The parti e 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 shatl complete the work described in Section I by December 31, 2D12_ 111. COMPENSATION. A. The City shall pay the Consultant, basedl on time arid materials, an arnount not to excped $33,600.00 for the services described in this Agreeirrient, This is the MaXiMUrn arnourrit to be paid inder l Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the C ty in the force of a negotiated and executed alinendirrient to thiis agreefflel'lt,, The, Cunstiltant agrees that the hourly or flat rate charged by it for its services c,ontracted for i shall remain locked at the negotiated rate(s) for as period of orie (1) year frorn the effective flal:e of this Agreerrierit. The Consull billirly rates shall be as, delineated in Exhilbft A, 13. The Comfltarlt shall submit monthly payrrierill: invoices to the City for work performed, and a final bill upon completion of all services described In this ()J4SLJI:rAN1 SERVICES AGREIEME:N,r - "I �Ovcv $10,0100) Agreement. "The City shall provide payment WtNrn forty-five (45) days of rec,eipf of an invoice. If the City objects to all w, any pcsr°l:fen of an invoice, it shall notify the Consultant and reserves the czpl:Nann to only pay that portion of the invoice mast in dlspcatc.. In than event, the pairties, Mil innrredicately make every effort to settle the disparaged portion. INDEPENDENT CONTRACTOR. The patties intend that an :Independent C o ntrrrae;tcau°_Ernpleayer Relationship will be created by this Agreei By their a*xenrs.rt:0 n Of this, Agreement, and in accordance with Ch. 51.08 RC , the, parties make the foflowwing representations: A. The Consultant: has the ability to control and diirecr the performance and details, of its work, the City y brainy Interested only in the remelts cabl"anined urnder Lhi . Agreement. B, The Consultant maintains and pays for- its own place of business fraarrn Which C0r1sultantr"s services r.rr"rdea~ flils Agraari will be perforr'Pned. C. °"I"'he Consultant has an established and independent: business that is eligible for as business deduction for 'Federal Income tax purpcases that existed before the City retained Cer°astihtaant's services, or the Q'insrah.ant is engaged In an inclepend!ently established trade„ occupation, profession, crr business of the same nature as that involved Unde;r this Agreernelnt. Lt,: The Consultant is responsible for, filing as they be.c.rni due all necossary tax documents with a aprapropw-hate federal and state agencies, including the Internal Revenue Service arid tire state, Cae partnrent of irrevenaae. E. The Consultant has registered its brashness earW established an aacr,raunt With the: state Department of RI,.,venuea Band' other ,state age?nr",Tes as may be recir,sgred by Consultant's business, and has Obtained a Unified Bun;siraiesss Identifier (LJBI) nUrrnber^r- from the. State of Wigshiington. F. The C;omult<ant: Maintains as set of books dedIcant;ed to the expenses and earnings of its busirne:ss, V. TERMINATION. Either party may terminate this Agreement, with or vwithout cause,, upon providing the other party thliIN (30) days wwrit:ten notice at its address set forth Barr the signature hnlmrl< of this ,A,greernent, After termination, the City may take possession of all records and data within the Consultant's possession ped:ainlny to this project, which may the used by the City withaaut restriction, If the City"s, rase of Consultant's records or data is net re,haatead to this project, it shah be without liability or legal exposure to the Consultant, V1, DISC RIMINATft N , In than hiring of employees for the performance of work under this; Agreement or any subcontract, the Consuftaant, its subcontractors, or, any person acting on behtadf of the Consultant or subcontractor shall net:, by reason of rare, religion, color, sex,, age, sexual erlelatati'on, national orighi, or, the presence of any sensory, amuernt<;J1, or physlcAll disability, dise'.riminate atgair'rst any person who is qualif cxl and availaal:ale t:ca laearrroi � t:he vvc>r.lr Lea WI is i^n the'^, ernplcayrnnent rcnlaates, CTcrornsultaant shall execute the attached Clity of Kent Ecpenal CimpBany1111ernt. Opportunity Policy Declaration, Comply With City Adrva III ist.raetive Wrrilcy 1.2„ and cap:aearr completion of the r.onbact work, file the attached Compliance Stka8ernent. (;e'?t+tSt.tl. l"ANT SERVICES AGREEMENT - 2. V11. INDEMNIFICATION, Consultant shall defif-.md, inderinnify and hold the City, Its officers, officials, eniployees, agenti and vDlunteers harrrdess frond ary and all. claims, injuries, clarnages, lossf,!s or suits, jncluclrg all 1pgal, costs and attorney fees, arising out 'Of or in connection with the Consultant's peifor-r-nance of: this Agreernent, except for that portioni of the injuries and damages caused [)y the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed hall not be grounds to avoid any of these coveriants of indemnification, Should a court of competent juriscliction deten"nine that ti'ds Agmement is subject to RCW 4,2�1 ,115, than, in the event of' liability for damages ariMing out of buddy injury to persons or darraaafges to property caused by or resulting from the concurrent negligence of the Consultant and the Oty, its officef-5, officials, employees, agents and VOIL111teNS, the CWSUltar-lt'S lidbility hel'eUrvler stiall be only to the extent of: the Consultant's negligence, rr is FURTHER SPECIFICALLY AND EXPRESSLY UN 0 EASTOO D 11"HAT TFIE INDEMNIFICATION PROVIDE�D HEREIN CONSTITUTES 71-11E CONSULJANI"S WAIVER OF IMMMU'l"Y UNDER J.N. Q!&jBjAjl J.N a u I,�ji) Aj� T -r-LE 51 RCW, SOLELY FOR THE PtJRPOSES OF ,rHIS INDEMININCATION. 'FHE PARTIES FURTHER AC4CNOWLED(3E THAI THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Tile pr'oVlSjora of this e s) ction shall survive the expli-ation or termination of this Agreement. VIII. INSURANCE. The Consultant sil procure and maintain for the duration of the' Agreei,ifient, insurance, of the types and in the arnounts described in Exhibit B attached and ricorporated by this re4prence, IX. EXCHANGE OF INFORMATION. The City will provide its best effoits to Provide reasonable accuracy of any information supplied by it to Consultant ror the purpose Of minpletion of the work undeir this Agreement, Xry OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original dOCUnnents, drawings, designs, reports, or any other records developed or created uncles this Agreement shall belong to and become the property of the City. All records Submitted by the City to the Consultant will be SaftTlUarded by the Consultant. Consultant shall make such clata, dOCUrnersts, and files available to the City upon the City's request. 11rie City's use or reuse of any of the downients, data and files created by Consultant for this project by anyone other than Consultant on any other prqject shall be without Iliab44ity of, legal exposure to Consultant, X1. CITY'S RIGHT OP INSPECTION. Even thOUgh Consultant is an independent Contractor with the authority to control and direct the poxforniance and details of the work authorized Urld(Ir this Agreement, the work must rneet the approval of the City and shall be subject to tjrje City's ge.neral right of inspection to secure satisfactory completion. I. WORK PERFORMED AT CONSULTANT'S RISK., C011SLA2,11t shall take all necessary 111jr,ecautions and shall he responsible for the safety of its employees, agents, and si.jIbcontractor's in Hin perforrnance of the contract work and shall utihze all prote(lion necessaiy for that purposp. All work shall be. done at Consu Ita fit's own risk, arid Consultant shall be responsible f(Y- any loss of or darnage to rnaLerWs, tools, or other articies used w, hold for use In connection with tfie work. [:ONSUL'IAN] SERVICES AGREEMENT - 3 (over$.10,000) X111. MISCELLANEOUS PROVISIONS. A. Rerzy.darble-Materilals. Pursuant 'to Chapter 3,80 of the Knot: City Code, file Oty require,s its contractors arid consultants to use recycled and recyclable products whenever practicable. A price prefere rice, away be available, for any deslignated re.cycled product. 13. N -Wgfy The failure of the City to insist upon strict performance of any of the covenants and war e contained in this Agreement, or to exercise any option conN,5rred by phis Agreement in one or rnore, instances slia4l not be construed to be a waiver or relinqUishment of those covenants, agreements or options, and the same shalt be and rennain in full force and offem C. Resolutim. fat'._ I-his Agm-q. a,[aln _l lornent dlaH be governed by and construed in accordance with the laws of the State of Washington. If the, parties are unable to settle any dispute, difforo)ce or claim arising frorn the parties' performance of this Agreement, the eXClUSNc olcaris of resolving that dispute, cifference or clatrin, shalt only be by riling suit exclusively undler the vemue, rules arid!, juriscliction of the Kirlg COLIntit Superior Col.irt, King Coursty, Wa5hklgt0n, Untess the parties, agree in writing to an akervative dispute resolution process, In any claim or JaWF,ult for- darliages arising from the parties' performance of tl,-dls Aglreerrierrt, each party shall pay all its lecjal Costs and attorney's Fees incurred in defending or ba-nging SUCII) Claillij or lawsuit, iuckjdlng all appeals, in addlition to any other recovery or award provided by law; however, notfilng in this paragrapl-i shall be construed to linAt the City's right to indenlrification Under Section VII of this Agreement, D. Y_VC(tterl All COMITIUrilratlons regarding this Aqreenlent diall be sent to they Tara the signature page of the Agreement, unless noliCed to the partie�,; at the addresses contrary, Any wdUerr notice hereunder shalt/ becorne effective three (3) business days after the date of rilailfing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresse,ae it the address stated in this Agreement or such other address as may be hereafter specified in wrlting, E. Any assignmeril: of this Agreenient JI)y eftlierl party without the writtelri consent of the nria assigning party sil be voild. If dre non-assigning party gives its conse-rit to any assignment, the terms of this Agreement shall colihnue in full force, and ell arid no further assignment shall be made without additional Written consent. F. M9SYK0119D. No waiver, alteIr'ation, or rriodlfication of any of the provisions of this Agreement shall be binding uriless in writing arid signed by a duly WAthorized representative of the City and Consultant. G. gKcgr nj. The written provisions arid terrins of this Agreement, together with any Exhibits attached heretOr stiall supersede all prior, veril statements of any officer or other- Jr1epq,eSeufattVe of the City, and StlCil statements shall not be effective or be construed as ent(a,ring into or, fornlinq a! part of or- altering in any manner this Agir-Penient. Ali of the above docurnerits are hereby made a part of this Agreement, Flonever, should any language in any of the Exhibits to this Agreement conflict with any language ceptakied in this Agroenien t, the terms of this Agreement shall prevaill. IN, Carrw,ranirarire u rth_f awwny. The Consultant agrees to comply with, all federal„ state, and [Y'WniCipal Paws, ruies, and regulations that are now effective or in the future beconle applicable to Conmiltant's business, equiprnent, and perr�jonnel engaged' irr opmations covered by this Aqreeynent or, accrultiq out of the pelrf-()rn)an,Ce of those operations. CONSWJANTSEWCES AGREEMENT , 4 (Ovor$10,000) S, C oc '-�_J:It i l�Slllt" . 'This grr`erovw)t' roy b< executediri �raruy+ a'nr.nr'nbei of coix-iL .r�p.�anwts, e ach of Which ash all coristitute ari rnrogi r 1, and attl Of Whi hr Will t0901°M a;0a6tittitQ thiG srVAr IN FI-N , The parties below execute this Agreenvent, rnvMch rat°'wa ll tr cornne eflt"'.ecti've on the Dash. date K"nteW"red bellow. CONSULTANT: �CITY OF KENT-. (0 n. are) ('�i�ra.adtrr�J_ l5ri t I"(dt '1@ ��G 'i 4�fl .: °+ ` ar�g N t?* ... ��dr,ft Name �ITl�ftf" Cooke J. ''s f er� - dl YG.a.L4..` .."k.< Its __.,,,. Miw .. _.._.._,_. . _. .... .... CtA ff'. I t a w' . CYI f" ._.. —.. ..... . t NT Tj BE SENT Tabs NOTICIESTO BE SENT TOW CONSULTANT. CITY OF KENT: Barbara Smith Executive Director Kurt Hansorr, Mariager Kellt Dowrnt'owrr conorr'oiir: ata CMTITTnarrrlt'yr Development Dept, 202 W. Gowc 5t., SWte At Utyr of Kent teat, WA 98032 220 Fourth Avenue 5orrlft Kent, WA 98032 (253) 813-6976 (telep pane) (253) 520-0206 (fac'sinillo) (253) 856-5706 (telephone) (253) 856 6454 (farstrnile) APPROVED AS 1,6 Foram: I�,WLaaw... f��pc+rtirraent r ,M'y lfwu"N�A'ot I'm Vl�p iYlmcANe be 11'M^�K�'�+'bemn 4w�uamleerct w�i G+o¢n eunw'� CON,StJl.,,tld'Nr ',".,WN.::I'L,WI H A,IJRA' 1'.1"46,~NY •• 5 e0v'crr° 10,000) DE.CLARATION CITY OF RENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is comrnitl:ed to conform to Federal and State laws regarding eqLA opportunity, As such all contractors, subcontractors and suplAers who perfoml work with rel;,ition to this Agreement shall comply with the iegUlafl,DFIS of the City's equal erriployrrient opportunity polkies. The irollowilng questions specifically identify the, requirornents the City deerns necessary for any contractor, subcontractor or supplier on ths; specific Agreenwr,nt to adhere tcu. An affirmatNe response is requirercl on: A of the following questions for this ,Agree urgent to be valid and binding, If any contractor, subcontractor or, supplier willfully misirepresents there selves with regard to the directives outlines, a: will be considered a breach of contract and It will be at the Oty's We dete,rmination rcjardjng suspension or term iination for all or part of the Agreenrient; The questions are as follmsr, !1. 1 have read the attached City of Kent administrative policy number 1.2, 2, During thj(.r tjorywea of this Agireellrent I twill net discriminate In emilIt on the basis of sex, race, color, national origir, age, or the presence of all sensory, mental or physical disability. 3. DUring the time of this AgreeMe.rlt the prime contractor will provide a written statement to afll new employees and subcontractors indicating commitment as an equal oppoi-ftinity employer. I. DUH-ling ther Urne of the Agi eement 1, the prime contrac-tm , will actively (nnsider hiring and prornoboin of worne%n and n,iinoritles, Before acceptance of this Agreen,ierit, an adherence sMerneiit will be signed by rare, the Mime Contractor, that tl ye Prime Contractor compiled with the requirements as set forth above, By signing below, I agree to Fulfill 1]be rive requirements referenced above, Dated this day of 10. By: Fo I, /AA Date: .......... ........ FFO "'31"IfIAMNO" EX)CIUMENTS - :i CITY 01F I(ENT ADMINISTRATIVE POLICY NUl 1-2 EFFECTIVE DATEt January 1., 1998 ........... SUBJECF: MINORITY AND WOMEN SUPERSEDff '. April 1, 1996, CONTRACIFORS APPROVED BY .hm White, POLICY'L FC�Ual OMployment opportunity reqUirements for, the City of Kent will conform to federal and state laws. All contractors, StAbcontractors, ('.01'15LA]tants andsuppilers of the City must g1g)rantee (aCiUdl ernploynient opporl within their organization and, if holding Agreernents, with the City amounting to $10,0010 or more within any given year, must take the ft)Howing affirmall steps: 1- Provide a written statement to all new eml and subcontractors indicating commitment as an equal opl.,)ortunity employer. 2. Actively consider for promotion and advancernent available n,iinorities w-rd women. Any contrzct.or, SLAbcontractor, consultant of supplier who wilfully disregards the City's nondiscrimination and equal opportunity reqUinernents Mull be considered in breach of contract and SUbject to suspension; or termination for all or part of the Agreenrent. Clorritract Compliance Officers will be appointed by the 1"Directm of Pt.)rming, Parks, and Public Works Departments to assun-ie t1bC 1`00*111(j d1JJcS I-ordvir rr.,sl departments, 1, Ensuring that contractors, Subcontractors, consultants, andl supplier, sllhjcasrot to these regulations Marc fanriliar with the regulations and the City's equal employment opportunity policy, 2. Monitoring, to assur-e adherence to federal, state and local laws, policlles and guidelines. L,UMPIJANCEI I)OCUl - CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT l"his forrn shal9 be filled out AFTER COMPLETION of' this pro e(- by the Contractor awarded the j .,t Agreement. 1, the, undersigned, a dWy represented agert of Cornpany, hereby acknowledge and deciare that the before-mentioned coinpany was fine prime contractor for the Agreernont li as that was entered inlro on the............. ................. (date), between the firm I represent and the City of li I declare that I compliodl fully with all of the requirernents and obligations as outlined in the, City of Ken[ AdIninistrative Po,licy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before:-mentioned Agi,een-ent. Dated thils .,- � __ day of 11111l1111 - - - -1 20, By; ............... . ..................................... Far:.--............................................. ....... r,ihe� - --- Date"! -EG C-01+1LIANCE DOCUMENIS - 3 EXHOBIT A Kent Downtown ParhaerAtip's, 2012 Work Plan Billing Rcqufi-crnents� Kent DmYntown Partnership will bill on a munthly ba.,hs foir S2800; tobil annual contrmd im $33,600 ExecutiveMreclor: Barbara), Snlith OrganizalWal Saatemciivr. The Kcnt Dowlikown Par(rim'ship serves as P3 I)WIftner II(Awce'll husille's'ses, propefty owmers, residenig and We Q ft) strciqrthen and develop a vibrant dowumn Kcnt through its organization, dcdpq pmumion mul economic develcqmm. Organizational 1, R,,65-1r; $133,000 tbrough Bw3illn"� & OCCUPItionTOX 111CCEltivc Pl�(lgranl 2, Cluate sponsorship Icycls for B&O Imisinesses In maxiinize their exposure 3. Convince pioneers of Ant with palient money to invest ill dow.11towil 4, Define Wong brand for downtowu 'Wi0i retail focus 5. Foom, on,ilist une block k) deinanstrote resWis of ImOdpaliany in BW prownin 6. CondrILIC YM car devehoping p1ming plm= T (innate zr good fir.st impression rrfdclwnlown such as gateways 8. Ros(mrch okir mayfinding systel-A ill downtowo % (Ame"good" first inipressions Uf dowalown 10, Dcvck)p blad� c signage dowiilownq gaW Agnage equals more moncy II filves,[heavily ill beautificafinl'r of downtown 12. (britinuc whh ant! create new aefivitics and ontallaintnew dovvntowa 13 DeNver un Immle Wiled it our inankeling 14. Dcvclop newy website 15. Develop to wriUen plan U) accomplAh them! gpals Ekisiness St Occupation (Marniftee L Rake $133YOU behave yearcridof 2012 2 ltmrckesponsmdtpkvdsloBikoNtsinessestociicoui�i.geijivolveinent 3, each oul [A.ryond dowytiown Kcnl for pariners in flic B&O progrom Design Cusurnittee I Schedu ic Downtown Man.Up Day; May, t 9, 2012 2. Con1biuc wo,rk (m Dmgoafly Pr(rJcct 3, Corminkw work Uh the City Ar irnproved gaWways irrtrn downtown 4 Quict one in downtownr cominue work w lh KDII Economic Comin, oll Ns, 5. C.ontinue with Papde hmpmvelvient (imins; offored one in 201 l 6. Sclect 2012 Desitpi Award 'ofinners, 7. Conainue work Wh chy U) plec, plantexs downiowih, nwardcd $1100 ro purchaw pkaiters H. Cordinim, wark Mth the city 0.) place 4 benches we ore l,)urcfiwiingr Ior downtown 9, COFItin=efforts to leas eJown RN SF train depot hudding; secure �t location to inove it to, rahga l'unds to nefleve fl& 10. Redevelop dic pockct park betwccn NEM. Avenue and 1he alley of(jowc Fcoylovnic Developne"t Committee I. Develop straitqy Rn br4ijinp, Rq,ci� Brook's off)os,6union Development lxwk ant] to noove forward with the Opportunity AssessincM in downtown Kvin; find financial partnurs to iw ke this happen 2. 1 loM as Broker's Open event I (AmuLnue Mi updaws to Reocmwl Juslice Mr. Kiosk 4, Continue wawa k wiAh pmvetly owaw,s to improve their I (AmAnue pnwidirg cduwiifionv1 opp(miunitics for buksrncsscas 6, (,)euto opporlonities lior properly owners to cover vacant windows with wraps A Prwnute that downtown Kent has "free park ing" 8. Continue Clewingu opportunities with ShoWare and our businesso to cross market 9, Continue partnering m1h (Ay Charnbu, Mrs Station and Whey orgynizations HMI MV US tea proxualeand irevitaalize rair downlown 10. COntillLIC work on cuc,-afinp a p,L, ouldoc)r se, Ji!1 f. Continue work on blade signage in downtown l 2, Support oor s,fiop tomil uainpaignr Find lt in Kent M (;mMe hundng for continaing OtV LMMS in "lighti0p, 0t) d0wnLown" C Select awar(I w1noors Cor Best Ituarnurant, Best ReM, Hast TO vice,armJ hest ProfessiorW business IS. COMM to SUI)POIA oux spurts. tearris Lwd activitics 16. Unfinuc ow ellorl to J)uLjfjg more rosidewial jo downlo vn Kcia t 7. COMMUC it) work on bringing, a pryocery store to domanown Kent 18, Contfitue work w4h QuMy to lAsce a knuchure rack at tic, Sounder (lIrage Mesubership Courunitnee I. Recruit Inorc Vo[unteers to the klember0mip Con-u-nittee 2, Work with Board to becoaw inore wit,.yr)ged in recruiting anew Twullbers 1 Review wontlily rhjuncial reports lhat LCH US who is 30/60/90 days over4luo iri ixtyrnent oftlicir men ibemitip laes, act on it. 4. Make appolUmems with new nienibers, ("Ace-to-fiace 5, Host vatnual phonk in My 2012 dis year 6. Continue to Vow wernbers1p by 20%& JV(ajjru nienibuis 7. Continue to devel4q; UxAs to 614MUIW;C V',1k1C of rneMhCr,'dnp ProonNious Onainittee J . I kni wo show in Augua Z I lost crur annual dinner/atiefion fundruiser 3. F&I 'Nine Wommi & M; chmge Me 4. Stipport Kent Lion's with Winwrfest in DecTinber I I kat SynuH Mnns My in Mon% 6. flost an Arnazing Mwc T Work witb King Uyunly I Arary U) uw4humMok cover poster" prCJect 7 (I Host na less than 3 DoWITIOW11 Breakfast Hours Adowdodstraflve Starf I, Create pholn alboot of each,ovonl oifflne/website -2 (A me IMP CNI code; lVebile & lbeebook 3. Hod groats For the various p ojucts KDP is working on 4. Put as Wden on website h) p omote downtown and Mucational pasgrarns fbr A ldmtiry with Board top 6 ificome producing activities to focus on filk ymr 6. Put aoxmA t'CPDH in mwsleftor and preserl,to t2ity Council 'A Mud an update fire city CX)UnCil; IWO tifffiq MolUally Pt. ren everyone what Kj)p is MoMpHdlng thl'OUgh IIONsteLter, Facebook,ctc. 9 Vksuje ,,xry cc clubs ,,ire linked to, KDII wcb.sitc 10. Kcvp website upchncd thuely 11. Incmase moinbership, retain members 12, Grovy B&M Collfributolls, 3 City of Kent:: Mr, l<mmt Flan g:an Eccncmm3r & C`:orrnarmUnit°.y INwrztofarncnt Drrpartn^rewit: 220 IFourth: Avonue South fermi:, WA rat3032 Dear Mr. Hanson: The Kent llturuvan9:own lsa r nnunsimlfr would likes to thank the City of Kent, the, Manyor,. City t'OUnc ili and tl ue Ec o m¢:nnmolr. &, Cc. wrnwsnnunity Development I`aepartnie nt for their m:cruutifuaued snlalmnrt of our effaots or i(avithfizincg historical downtown Kent, flmis past yauar has been amazrrg iwm wvliaIt has laeai accomplished despite also ntr�nnrwafaanmsa ul uemmWan.ny,e Byl°ummtnmwanuul;t with the City its luauvc been rut:�kaa to accurnipfish a iot:. d~f°P is my rriu cl: aavwaie of t.lmie Irmafroit agar;e of the f9rpancJal support :,[r rO vn KDP as well as di tnnune rrxm�druwtmmncsnt: frrummm your rlauluauri.nnentss. I have siutmrairtted f ne new contract for the 2012 year, `rho uN yw tiave arry rlu.um?Stiumrua,, l.mlcu s(a do ix t: J'Je ,ntate to let rwbu'u know. You can reach me at 25.3-813.. 697' B cmm° �,mi 711,7a,iti ur`y,yl�l�44 Illt{�P,tW'i��.ifiJVfl Id, 1V`V„; , t lwan4�;� you again for your continued support., We ate excut.c�wrt about variant; vn wdl all be able to accomplish next year. The dmarrvmRu: n is coming alive vvltis new activity, R spec, fnwllgt, ��ft d b arb am Srriiitlii, Executive. Dira`ur.tu AD tid¢ G oww u,fwC.9, SWIV A,Pfrcg1, PoN ".I 1132 Phcwo� P0,8B 4A70 Nx: 251 00 0206 Im LilnruPCrxi9Kh iitr warn,�nry W qA u: y,vvw kf, WkVp I("Jfm �!!m EXHIBIT INSURANCEE UI � CONSULTANT SERVICES NTS Insurance ure anci the Agreement, irrr ranreucagainst claims msrfor in maintain or damage to of property which the pformance of the conne bma arise f:rOTTI ory the consultant,rtheir agennts, th rre�prese t hives, employees orurk hareunrdrr subcontractors A. Minimum scope of insurance Consultant shall obtain insurance of tile, types described, below: I. )�utcrn,pble Uabiiity insurance covering all Cw°red, non- owrred, hired and leased velricics, Coverage shall be written on Jrisurance Services Office (Iso) farm CA 00 Uh or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability ccaver'acge� Commercial General mi aability. insurance slhaE be, written or) TSC? cCcurrence farm CG DO 0.1 , The City shall be notmed as an Additional Insured under- the Consultant's Conlrnercu,al General Liabliity insurance policy with respect to to work performed for the City using CSC additional insured endorsement CG 20 jo, 1.1. 85 oar a substitute er'idorsement providing equivalent coverage. 2. Workers' onror-nsatit?r>'...coverage as required by the Ii dustriat Insurance laws of the Stake of Washington, Minimum Amounts of Insurance. r.'cnsu.ritant shall maintain the follovvir,g insurance limits: L. utommSrbile tiab 9ity irsur-ante with a rninimum r.+arribirkeci snngie lirrrit for bpcilly injury and property damage of $I ,000,000 per accident. 2. Cornmerial Gg;neral L"gpb lrty insurance shall be written vb�Vt ilr ^its n less than $1,(74Io,(Jpo each occurrence, $2.,000„000 general aggregate. EXHIBIT B (Con'tinued) C, other 111suranCe PrOvislOr's The insurance policies are to contain, or be Codorsed to co,rtirn, the following provisions for Automobile Liability and cQrjorercial General Liability lnsu'ance; 1, The Consultant's insurance coverage shall be p1rirnary insurance as respect the City. Any Insurance, self-!nsurarlcp, or insurance ocol ccver,age mairtarnecl by the City 511 be excess, of the Consultant's insurance and srrakl not contribute with it, 2. The Consultant's insurance shall be endorsed to state that coverage shag not be cancelled by either party, except after thirty (30) bays prior written notice by certified unahl, return receipt requested, has been given to the City. 3. 'The City of [Cent shall be narned as an additional nsu.-ed on all policies (except Professional Liaty) as respects work performed by or on of the Consultant and a copy of the eirdorsernent narning, the City abehalfs o, the Certtfiic:g�g_of Tinsurance,- The a- ditional insured shall be attached t d City reservc5 the right to receive a certified copy of ah required unsurarrice policics, -rrie Consultant's Commercial General Liability irsurance shalt also cortair a clause statiig that coverage all apply separatly to each insured against whom clairr, is made or suitsh is broug,ht, excepte Wth respects, to the Hmits of the insurer's liability. D. Acceptability of insurers Insurance Is to be placed with insurer's with a current A.M. Best ratting of not less than ANII. E. Verification of Coverage Consultant shall furnish the city with o�gjnal certificates and a copy of tile amendatory endorsernents, including but not necessarily lirnited to the additional insured enclorsernent, evidencing the insurance requirements of the Consultant before commencement of the work. E. Subcoritractors Consultant shall include all subcontractors as insureds under its Policiies Or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same irs,urance requirements as stated herein for the Consultant, -r na ;z I,(MhLL'KKInMYYMI CERTIFICATE OF LIABILrry INSURANCE ............................ rMM�]WGER PHIS CERTIFICATE IIS ISSUED AS MATTER. OF INFOR AfIfJMJ G�_nlAll,l^; [.�. �J,r •03 ONLY AND CCINFLRS NO, RIGHTS UPON '"IF CERTIFICATE i lkuoxol Jli; HOLDER. TICS CERTIRYCATE l NOT AIMENO, EXTEND OR ALTER I HE CUVERAGF AFFORDED BY THE POLICIES BELOW. 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Ivi+Mmmals K"A 6TA"f0'CTT6991E'.;M7 'rs•"a aU.Is.!,rv',IdNa' All of ghhCs raser'ved NPORTANT if the ceHfIc ate fielder is an ADD ITIONAL INSURE D, the poky(les) must be endorsed.A state merit on this certificate does not confer rights to the cerbfl=lE holder lar lice ol such andorsement(s), Jr SJBIROGATION IS WAIVED, su�.�ect W P-c terms avW rondfilions of tho policy, cPrinin polides may roquNe an ujidcisemei) , A s1zlement on this cerllficatcy dopc no@ confer rights ro the certificate, holder tn lieu of such enclarsement(s) DISCLAIMER The Carfificate of Insurance on the reverse sioe of 11his torm does not coaMillibe a contract betmen hit,, issuing insurar(s), authorl2ed representative or producer, Ewd the certificale holder, nor does it arfma0velly OrriOgWiVely amend, extend crafter this coverap afforded by the pollcies listed lhwwn —--------- ACOR02jr (2001J08) w," Agenda Item: Consent Calendar - 7D TO: City Council DATE: December 13, 2011 SUBJECT: Thunderbirds First Amendment to License Agreement - Authorize MOTION: Authorize the Mayor to sign the First Amendment to the Thunderbirds License Agreement with terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. SUMMARY: This agreement between the City and the Seattle Thunderbirds would revise the sale of suites and club seats at the ShoWare Center. EXHIBITS: Memorandum and Amendment RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: Yes ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5703 WASHINGTON Fax: 253-856-6454 Address: 220 - 4th Avenue S Kent, WA. 98032-5895 November 15, 2011 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic & Community Development Director SUBJECT: Thunderbirds First Amendment to License Agreement — Authorize MOTION Move to recommend Council authorize the Mayor to sign the First Amendment to the License Agreement between the City of Kent and Thunderbird Hockey Enterprise, LLC. SUMMARY: Summary: On March 15, 2011, the city of Kent sent a Letter of Intent ("LOI"), to the Seattle Thunderbirds supporting an amendment to the Lease Agreement between the City and the Seattle Thunderbirds that would revise the sale of suites and club seats at the ShowWare Center. The LOI contemplated the following basic changes with regard to the seasonal sale of suites and club seats: 1. The Seattle Thunderbirds would be the sole contractor for the sale of suite licenses for hockey games only and SMG, as the City's agent, would sell suites on an individual basis for all non-hockey events. 2. This Amendment would allow suite pricing at approximately $16,200 for a ten person suite, $19,440 for a twelve person suite, $22,680 for a fourteen person suite, and $25,920 for a sixteen person suite for all hockey games. 3. The Thunderbirds would receive a 15% commission on all "full-season" hockey game-only suite sales. After accounting for any commission due, the Seattle Thunderbirds would receive 60 percent and the City would receive 40% of the net proceeds of the sale of suites for hockey games. The thunderbirds would also advertise non-hockey events to its full database of customers for the purpose of selling suites to non-hockey events. The thunderbirds would also be required to make other reasonable efforts to sell suites to its customers for non-hockey events. If the Thunderbirds sell a suite for a non-hockey event, the Thunderbirds would receive a 15% commission. After accounting for Thunderbirds' commission, if any, the City would retain 100 percent of the net proceeds from the sale of suites for non-hockey events. 4. The Thunderbirds would be allowed to sell, on a single game basis, tickets to any suite which is not under contract for a Hockey Event at a price to be determined by the thunderbirds. The revenue from those sales would be included as Net Ticket Proceeds. 5. All of the "performance clauses" represented in the Exhibits at the end of the current License Agreement would be mutually adjusted to reflect the revised pricing structure of certain seats. (a) Club Seats would be reduced to $975.00 per seat on a Season Ticket basis. The City would receive the first $75.00 on each ticket sold on a Season Ticket basis, and the remaining $900 would be split with Thirty Percent (30% or $270) to the City, and Seventy Percent (70% or $630) to the Thunderbirds. This First Amendment (Amendment) to the License Agreement by and between the City of Kent and Thunderbird Hockey Enterprises, LLC (License Agreement), amends the original License Agreement executed on August 7, 2007. All other provisions of the original Agreement not inconsistent with this Amendment shall remain in full force and effect If you have any questions prior to the meeting, please call Ben Wolters at 856-5703. Exhibits: Agreement attached BUDGET IMPACT: Yes FIRST AMENDMENT to the LICENSE AGREEMENT by and between THE CITY OF KENT and THUNDERBIRD HOCKEY ENTERPRISES, LLC RECITALS A. On March 15, 2011, the city of Kent sent a Letter of Intent ("LOI"), to the Seattle Thunderbirds supporting an amendment to the Lease Agreement between the City and the Seattle Thunderbirds that would revise the sale of suites and club seats at the ShowWare Center. The LOI contemplated the following basic changes with regard to the seasonal sale of suites and club seats: 1. The Seattle Thunderbirds "Team" would be the sole contractor for the sale of suite licenses for hockey games only and SMG, as the City's agent, would sell suites on an individual basis for all non-hockey events. 2. This Amendment would allow suite pricing at approximately $16,200 for a ten person suite, $19,440 for a twelve person suite, $22,680 for a fourteen person suite, and $25,920 for a sixteen person suite for all hockey games. 3. The T`• Team would receive a 15% commission on all "full- season" hockey game-only suite sales. After accounting for any commission due, the Seattle ThundeFb#d~Team would receive 60 percent and the City would receive 40% of the net proceeds of the sale of suites for hockey games. The T-hwrmcr�~FbiFds Team would also advertise non-hockey events to its full database of customers for the purpose of selling suites to non-hockey events. The T"• Team would also be required to make other reasonable efforts to sell suites to its customers for non-hockey events. If the T"•• Team sells a suite for a non-hockey event, the T-P Team would receive a 15% commission. After accounting for T"•• the Team's commission, if any, the City would retain 100 percent of the net proceeds from the sale of suites for non-hockey events. 4. The T"•• Team would be allowed to sell, on a single game basis, tickets to any suite which is not under contract for a Hockey Event at a price to be determined by the }"• "Team. The revenue from those sales would be included as Net Ticket Proceeds. First Amendment to City and Thunderbird Lease Agreement Page 1 of 9 5. All of the "performance clauses" represented in the Exhibits at the end of the current License Agreement would be mutually adjusted to reflect the revised pricing structure of certain seats. r}6. Club Seats would be reduced to $975.00 per seat on a Season Ticket basis. The City would receive the first $75.00 on each ticket sold on a Season Ticket basis, and the remaining $900 would be split with Thirty Percent (30% or $270) to the City, and Seventy Percent (70% or $630) to the T-1+ a?Team. B. This First Amendment (Amendment) to the License Agreement by and between the City of Kent and Thunderbird Hockey Enterprises, LLC (License Agreement), amends the original License Agreement executed on August 7, 2007. All other provisions of the original Agreement not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, the parties amend the License Agreement as follows: AMENDMENT 1. ADD the following definition to ARTICLE I, AGREEMENT DEFINITIONS: 1.22.1 "General Admission Revenue" means all revenue aenerated from the sale of all tickets to Hockey Events that are not season ticket Suite License sales. 42. DELETE Section 4.1 of the Agreement, entitled "Term; Performance Standard," and REPLACE with the following: 4.1 Term; Performance Standards (a) The term of this Agreement shall be binding and effective as of the Effective Date and shall continue in full force and effect for a period of thirty (301 years from the Occupancy Date. (b) The City or Team may terminate this Agreement effective as of the end of the Operating Year during which notice of termination is given to the other Party if (i) for any three consecutive Operating Years, the "General Admission Revenue," for Regular Season Games at the Arena equals less than the each year's amount shown on Exhibit D in the column labeled "General Admission Revenue Target." (c) If for any two consecutive Operating years the General Admission Revenue for Regular Season Games at the Arena equals less than each year's amount shown on Exhibit D in the column labeled "General Admission Revenue Target," the City may, at its sole discretion, request that the WHL require the Team to produce a comprehensive business plan covering both business and hockey operations. If the WHL so requires such First Amendment to City and Thunderbird Lease Agreement Page 2 of 9 a plan, then upon receipt of the Team's business plan, the WHL and the City will jointly evaluate the plan and make recommendations regarding proposed actions by the Team to meet the performance standards. If the Team agrees to the recommendations of the WHL/City, the Team will be granted two Operating Years, commencing in the Operating Year following the date of such recommendations, to achieve the performance standard set forth above, and the City may not terminate the Agreement at the end of the third low-attendance General Admission Revenue Operating Year as described in subsection (b), immediately above. However, if the General Admission Revenue for League Games at the Arena during those next two consecutive Operating Years (i.e., the third and fourth Operating Yearsl withhas low attendance that does not meet+ the General Admission Revenue Target, the City may then terminate this Agreement effective upon the last date of the fourth Operating Year with low attendance. If the Team does not provide a detailed business plan or does not substantially follow the actions recommended by the WHL/City, the provisions of subsection (b), above, shall then become effective and the then-current Operating Year shall serve as the final year of the evaluation period (which period will comprise a total of three Operating Years—the two consecutive Operating Years referenced at the beginning of this subsection plus the Operating Year referenced in this sentence). If the City does not request the WHL to require the Team to produce a comprehensive business plan, then the provisions of subsection (b), above, shall remain in effect as an alternative available to the Citv. (d) The Team will use its best efforts to obtain assurance by the WHL that if at any time during the term of this Agreement, the WHL determines that the Team is no longer a commercially viable operating member of the League and is unable to continue to operate, and as a result the Team forfeits or otherwise loses its franchise rights to the WHL, the WHL will offer the City the first option to purchase the franchise at fair market value or to find a buyer acceptable to the City and the WHL. (e) If the City terminates its license agreement with the Team without first availing itself of the procedure set forth above in Section 4.1.(c), the WHL will be under no obligation to maintain a WHL franchise in the Center. -Z3. DELETE Section 6.6 of the Agreement, entitled "Suites," in its entirety and REPLACE with the following: (a) The term, "Suite License" applies only to the sale of full-season hockey-only packages for one or more Suites. The term, "Individual Suite Sale" applies to all other Suite sales, whether for non-hockey events or individual hockey events. (b) On or before September 30 of each calendar year, the City and the Team will collaboratively develop the prices for Suite Licenses to be sold First Amendment to City and Thunderbird Lease Agreement Page 3 of 9 for the Operating Year that begins in the following calendar year. For the 2011-2012 Operating Year, tentatively agreed Suite License pricing is approximately as follows: $16,200 for a ten-person suite; $19,440 for a twelve-person suite; $22,680 for a fourteen-person suite; and, $25,920 for a sixteen-person suite. The prices listed above do not include Playoff Games, or other special Hockey Events that are not Team Regular Season League Games. Suite License Holders shall be required to buy tickets for Playoff Games as a part of their original Suite License, and any amounts paid for Playoff Games under a Suite License shall be divided between the Team and the City as described below. Any amounts paid for Playoff Games or other Hockey Events that are not Team Regular Season League Games that are not for Suite Licenses (i.e. individual game tickets) shall not be subject to the revenue splits described below, and shall instead be listed as General Admission Revenue. Except as provided below, the Team shall be responsible for the sale of all Suite Licenses. The Team shall serve as the exclusive contractor to be responsible for the sale of Suite Licenses for Hockey Events, and shall receive a commission of fifteen percent (15%) of the revenues from the sale of Suite Licenses, plus, as described below, an amount equal to sixty percent (60%) of those revenues after the sales commission. The City shall retain the remaining forty (40%) of Suite License revenues after the sales commission. (c) Except as provided below, the City or the City's selected agent may market or sell all Individual Suite Sales for non-hockey events. The Team, however, will advertise non-hockey events to its full database of customers and make other reasonable efforts to sell individual suites for non- hockey events. If the Team completes an Individual Suite Sale for a non- hockey event, the Team will receive a 15% commission; otherwise the City will retain all Individual Suite Sale proceeds. For the purposes of this Section 6.6, any sale of a Suite to a non-hockey event to any customer in the Team's database shall be considered a sale made by the Team, and the Team shall be entitled to any commission due as if the Team had made the sale directly. Any subsequent sales of a Suite to a non-hockey event to any customer that was originally in the Team's database, but has moved into the City's database as a result of a prior sale shall still be considered a customer of the Team's, and the Team shall still be entitled to any and all commission due. Notwithstanding the above, events promoted by Feld Entertainment (limited to the following events: Disney on Ice, Disney Live, and the Ringling Brothers Circus), the Teang shall not be entitled to any commission for a sale to a customer in the Team's database. (d) Suite Licenses shall permit their holders to view all Hockey Events without additional charge and to use the lounge, VIP entrance, Suite level restrooms and Premium Reserve Parking allocated to the Suites. Suite Licenses shall not permit their holders to attend non-hockey events, or events that are not open to the general public, and/or events for which admission is not charged. However, holders of Suite Licenses for Hockey Events shall be provided with the privilege of buyina the suite for Non- First Amendment to City and Thunderbird Lease Agreement Page 4 of 9 Hockey Events at the price that suite would be offered to the general public, and those Suite License holders will have the opportunity to purchase the suite for those Non-Hockey Events in advance of tickets aoina on sale to the aeneral public, so Iona as the advanced sale can be reasonably accomplished aiven the nature and schedulina of the event. (e) For any Hockey Event where a Suite is not subject to a Suite License or an Individual Suite Sale, the Team may offer tickets for Box Seats in that Suite to the general public on a per-seat basis at a price to be established by the Team. The proceeds from the sale of such Box Tickets shall be included in General Admission Revenue and not under this Section. (f) The City shall reserve a Suite for its use at any and all times, and at no charge to the City. The City may make the Suite available to governmental, nonprofit, and school persons or entities, and may determine whether or not to charge for that use. The City shall, by providing notice to the Team on or before August 1 of each year, have the right to make its Suite available for sale for an entire Season; in that event, the Team shall have the option of selling that Suite for that Season to a single person or entity, or to sell Box Seats in that Suite on a per-seat basis, and all receipts for the seasonal sale of that Suite or those Box Seats shall be shared with the Team as General Admission Revenue. 34. DELETE Section 6.7 of the Agreement entitled, "Club Seats" in its entirety and REPLACE with the following: (a) The Team shall have the right to sell Club Seats for Hockey Events. The price per each Hockey Event Season Ticket Club Seat for the 2011-2012 season will be $975.00, unless the Team and the City agree otherwise. A purchaser of a Club Seat will be a season ticket holder for Hockey Events, and that purchaser will have the privilege of using the Suite level lounge, VIP entrance, Suite level restrooms, Premium Reserved Parking, and such other privileges upon which the Team and the City agree. (b) The City shall have the right to determine the price of and sell (or to contract for the price determination and sale of) Club Seats for Non-Hockey events, and the City shall retain or control the distribution of all revenues with respect thereto. The -_:-- per eeeh lleekey Event and "- City agVee athervsise7 The City shall also have the right to make Club Seats available for Center uses that do not constitute either Hockey Events or Non-Hockey Events (e.g. governmental or community meetings or events at which admission is not charged). However, holders of Club Seats for Hockey Events shall be provided with the privilege of buying seats for Non-Hockey Events at the price of those seats to the general public, and those Club Seat holders will have the opportunity to purchase those seats for such Non-Hockey Events in advance of tickets going on sale to the general First Amendment to City and Thunderbird Lease Agreement Page 5 of 9 public, so long as such advanced sale can be reasonablye accomplished given the nature and scheduling of the event. HeweveFNevertheless, this does not provide Club Seat holders with an opportunity to purchase tickets in Club Seats at events that are not open to the general public, or to attend events for which admission is not charged. (c) All revenues realized from the sale of Hockey Event Season Ticket Club Seats t+ekets—rdReenses theFe€er shall be allocated between City and Team as follows: the first seventy-five dollars ($75.00) of revenue from the sale of a Club Seat Season tickets shall be paid to the City, and the balance of revenue from the sale of Club Seats shall be allocated thirty percent (30%) to the City and seventy percent (70%) to the Team. (d) If the Team does not sell a Club Seat on a Season Ticket or License basis for a Hockey Event, the Team may offer tickets for Club Seats to the general public on a per-seat basis at a price to be determined by the Team. The proceeds from the sale of suehClub Seats sold on a season ticket or license basis and all individual Club Seat tickets sales shall be included in the General Admission Revenue Target and as General Admission Revenue. (e) The Team shall bear the costs of sales of Club Seats and shall not be entitled to a commission on any Club Seats sold. 65. DELETE-Exhibit C to the License Agreement. &6. DELETE Exhibit D to the License Agreement and REPLACE with the new Exhibit D attached to this Amendment. 67. DELETE Exhibit E to the License Agreement. .. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. First Amendment to City and Thunderbird Lease Agreement Page 6 of 9 IN WITNESS, by executing this Amendment, the parties below accept all requirements of this Amendment, which will take effect on the last date entered below. THUNDERBIRD HOCKEY ENTERPRISES, CITY OF KENT: LLC: By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department P:\Civil\Flies\Open Flies\1560-Showare\Thunderbirds-Flrst Amendment-Flnal.docx First Amendment to City and Thunderbird Lease Agreement Page 7 of 9 �� KENT EXHIBIT C Deleted by First Amendment to License Agreement Exhibi-6 UndeF the to figs f --:_.. . ._(.) of _..:_ . .'. __..._.._, the following _ Fe h _..._._.. _._ ._. the net feyenues fFeng the RegulaF Season Gangesof the Teang fFeng Piet TOE'Eet PF9eeeds, Piet ``,,^..,Y nnl^^""`,fe,^^kMe,t,^ nn^^`,,^^,M�,,,,^Tf cC^fub nn^^T-,e,^t,aM�l,,,,^ nn1"^^IC,,,C^^ZTM�a,',^ c Tear True True Revenue T�Ae a+afTce 2n� $263,9C'lC2 $359,91 n $21�nnn $838,862 2n� % 3G�4Q 21� 4C�4y 2 n� 'l�T 3�5 21� 4�2 7 n�2 7�5 3� 21� 4�5 2n� '1�3 34�5 21� 44�48 2n� 270,768 374,197 219,500 864,465 2n� '1�3 34�3 'l'l� 44�48 2n� 'l4� 3n�0 'l'l� nn�48 2n� 'ln� An�GQ 'l'l� n1�T 2n� 2n�z n 1�3 '1'1� nn�5 2n� 3n�9 A'1� '1'l� 958,329 2n� 31�T A�Q '1'l� n�L 2n� 37�3 Ails '1� 1 nnr- 00,330 7 n�2 3'1�3 n C�GQ '1� 1 n 1�9 7n� 22�T i1G�5 72�0 1 03r-osrrcz 2n� 3n�z n�5 '1� 1,064,016 2n� 3C�9 49�5 'lam 1,084,604 2n� 3G�5 50�GQ 'lam 1 11T0TV11 2n� 3�6 51�4Q 'lA� 1 11T�2T 2n� 34�T C'l�9 2ilk 1 1 C�9G 2n� 3n�z Ci1�L 'lA� 1 111T�ZT 2n� An�T CC�5 2ilk 1 2n�9 2n� 412,092 z 092 �T008 2no, vv nnn 1,230,000 ,v nnn rvw 2n� A�5 Cn�4Q 'lC� 1 'l�3 2n� Ail�i G1�3 2C� 1 31�5 2n� AC�Go 628,069 2C� 1 3�5 2n� AG�i Gi1�GQ 'lC� 1 3G�vQv 2n� AST 659,803 'lC� 1,397,380 2n� A4�5 Gar 'lC� 1,426,186 Exhibit D to Amendment between the City and Thunderbird Hockey Enterprises, LLC Exhibit iD Bu inimurn Regular Seat Revenues Under the terms of Section 4,1 (c) of this Agreement, the foHowirn are the standards for general admission paid attendance revenue in each operating yew of the Agreement, Sra� L laqrlesf .. Oeneral Admialm Arireisstrrn AdMkgM. AftiA.M& Beymt 2008/U91 $ 13.50 1,14,156 $ 1,541,106 2009110 13.50 114,156 1,541,106 2010/11 1150 114,156 1,541,106 2011/12 13.50 124,,200 1,676,760 20,1.2/1.3 U77 124,200 1,710,234 20113/14 14.05 124,200 3,744,439 2014/15 14,33 124,200 1„779,327 2015/16 14,6'1 124,200 1,„814,914 2016/17 14.91 1,24,200 18"r1,212 2017/18 1510 124,200 1,888,237 2018/1.9 15.51 174,200 1,926,0011 2019/20 15,82 124,200 1,964,521 2020/21 16,13 124,200 2,003, 12 2021/22 16.A6 124,200 2,043,898 2.022/23 16.79 124,200 2,084,766 2023/24 17,12 124,200 2,1.26,461 202',4/2.5 17.46 124,,200 2,1.68,990 2025/2d3 17.81 1d4,,200 2,212,370 2026/27 18.17 1.24,700 2„2.56,617 2027/28 18'.53 124,200 2„301,,750 2028/29 18,90 124,200 2,547,785 2029/30 19,28 124,200 2,394,740 2030/31 19,67 124,200 2,442„635 2031/32 20.06 124,200 2,491,488 2032/33 20.4E 124,2.00 2,541,318 2033/34 20.87 124,200 2,592„144 2034/35 21.29 124,200 2,643,987 2035/m 21.71 124,200 2,696,867 2036/37 72J5 174,2,00 2.,750,804 2037/38 22,59 124,200 2,805,820 Exhibit D Minimum Regular Seat Revenues Under the terms of Section 4.1 (c) of this Agreement, the following are the standards for general admission paid attendance revenue in each operating year of the Agreement. Average General General General Admission Admission Admission Attendance Revenue Year Ticket Price Target Target 2008/09 $ 13.50 114,156 $ 1,541,106 2009/10 13.50 114,156 1,541,106 2010/11 13.50 114,156 1,541,106 2011/12 13.50 124,200 1,676,700 2012/13 13.77 124,200 1,710,234 2 013/14 14.05 124,200 1,744,439 2014/15 14.33 124,200 1,779,327 2015/16 14.61 124,200 1,814,914 2016/17 14.91 124,200 1,851,212 2017/18 15.20 124,200 1,888,237 2018/19 15.51 124,200 1,926,001 2019/20 15.82 124,200 1,964,521 2020/21 16.13 124,200 2,003,812 2021/22 16.46 124,200 2,043,888 2022/23 16.79 124,200 2,084,766 2023/24 17.12 124,200 2,126,461 2024/25 17.46 124,200 2,168,990 2025/26 17.81 124,200 2,212,370 2026/27 18.17 124,200 2,256,617 2027/28 18.53 124,200 2,301,750 2028/29 18.90 124,200 2,347,785 2029/30 19.28 124,200 2,394,740 2030/31 19.67 124,200 2,442,635 2031/32 20.06 124,200 2,491,488 2032/33 20.46 124,200 2,541,318 2033/34 20.87 124,200 2,592,144 2034/35 21.29 124,200 2,643,987 2035/36 21.71 124,200 2,696,867 2036/37 22.15 124,200 2,750,804 2037/38 22.59 124,200 2,805,820 KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: December 13, 2011 SUBJECT: SMG Amendment to Kent Event Center Sales, Marketing, and Operational Management Services Agreement - Authorize MOTION: Authorize the Mayor to sign an Amendment to the Kent Event Center Sales, Marketing, and Operation Management Services Agreement with terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. SUMMARY: SMG has been retained by the City to manage, operate and promote the events at the Kent Events Center. Article III, Section B of the Agreement permits the City to extend the Agreement for an additional two-year term. This Amendment extends the Management Term for three (3) years and combines the services provided by Contractor under the Agree- ment and the Food and Beverage Agreement into one compensation arrangement during such extended three year period, and provides that the current Food and Beverage Agreement will terminate effective midnight on December 31, 2011. EXHIBITS: Amendment RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: Yes AMENDMENT TO KENT EVENTS CENTER SALES, MARKETING,AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT THIS AMENDMENT TO KENT EVENTS CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT (this "Amendment") is dated as of the day of November, 2011, by and between the CITY OF KENT, a Washington municipal corporation(the "City")and SMG, a Pennsylvania general partnership ("Contractor"). BACKGROUND The City and Contractor are parties to (i) that certain Kent Events Center Sales, Marketing, and Operational Management Services Agreement dated as of May 23, 2008 (the "Agreement'), whereby Contractor has been retained by the City to manage, operate and promote the Events Center on the terms provided therein, and (ii)that certain Kent Events Center—Personal Services Contract for Food and Beverage Services dated January 20, 2009 (the "Food and Beverage Agreement'), whereby Contractor has been retained by the City to provide food and beverage concessions and catering services at the Events Center on the terms provided therein. Unless otherwise defined in this Amendment, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Agreement. While Article HI, Section B of the Agreement permits the City to extend the Agreement for an additional two-year term, the parties desire to enter into this Amendment, among other things, (i)to extend the Management Term for three (3) years on the terms provided in this Amendment, (ii) to combine the services provided by Contractor under the Agreement and the Food and Beverage Agreement with one compensation arrangement during such extended three year period, and(iii)to acknowledge that the Food and Beverage Agreement will terminate effective as of midnight on December 31, 2011. NOW, THEREFORE, in consideration of the foregoing and the mutual premises, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Amendments to Agreement. The following amendments shall be made to the Agreement: (a) Article 11, Section F of the Agreement(Event Fund)is hereby deleted, as the Event Fund has been fully expended as of the date of this Amendment. (b) Article III, Section B of the Agreement is hereby amended(i)by deleting the last sentence of such section and(ii)by replacing such sentence with the following: "Additionally, the Management Term shall be extended for an additional three- year term, commencing on January 1, 2012 and ending at midnight on December 31, 2014 (the "Extended Term"), unless earlier terminated pursuant to the provisions of this Agreement. Unless otherwise expressly provided in the Agreement, references in the Agreement to the Management Term shall include the Extended Term." (c) In order to reflect the fact that the food and beverage and catering services provided by Contractor under the Food and Beverage Agreement will, effective as of the #1489059 v.4 commencement of the Extended Term, be provided pursuant to the Agreement, a new Article II, Section H is hereby added to the Agreement, which shall read in its entirety as follows: H. Food and Beverage and Catering Services. Effective as of the commencement of the Extended Term (January 1, 2012) and for the balance of the Extended Term (unless earlier terminated pursuant to the provisions of this Agreement), the Contractor shall exclusively provide food and beverage concessions and catering services at the Events Center pursuant to this Agreement, as further described in new Exhibit E attached to this Agreement (the "Food, Beverage and Catering Services"). In addition, at the end of the Extended Term, the performance of the Food, Beverage and Catering Services may be extended by the City for a period not to exceed two (2) months, if necessary in the sole judgment of the City to facilitate the process of securing competitive proposals on a replacement concessionaire for such services, at a mutually agreed upon compensation arrangement for the Contractor during such two month period. The City shall extend the Food, Beverage and Catering Services by providing the Contractor with written notice of the extension at least sixty (60) days before such expiration date (d) Article IV, Section A of the Agreement is hereby amended by adding a new Article IV, Section A.3 to the Agreement, which shall read in its entirety as follows: "3. As base compensation to Contractor for providing the services herein specified during the Extended Term (including the Food, Beverage and Catering Services), the City shall pay Contractor during the Extended Term, an annual fixed fee of $130,000, which amount shall be adjusted upward on the first day of each Fiscal Year during such term, commencing with the Fiscal Year that begins on January 1, 2013, by the change in the CPI as described in Article IV, Section A.2. The foregoing annual fixed compensation shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year, and Contractor shall be entitled to draw such amounts for the account described in Article V, Section H. For avoidance of doubt, the base compensation described in Article IV, Section A.2 shall only apply to the Management Term through December 31, 2011." (e) In order to address the new incentive fee arrangement for the Contractor during the Extended Term, Article IV, Section B is hereby amended by adding the following paragraph to the end of such section: Notwithstanding anything to the contrary contained in this Article IV, Section B, the Annual Incentive Fee that the Contractor may earn for the Fiscal Years during the Extended Term shall be as set forth below in this paragraph. The maximum Annual Incentive Fee in any such year shall be $10,000, which shall be split into four, equal parts of$2,500 each(unless the parties agree in any such year to modify such split). A condition to Contractor's earning each part of the Annual Incentive Fee in any such year shall be based upon the Events Center hosting a concert or show that earns a profit therefrom that covers the full amount 2 #1489059 v.4 of such part of the Annual Incentive Fee. The profit from such concert or show shall be calculated based upon the Operating Revenues and Operating Expenses therefrom as reflected in the event profit and loss statement prepared by Contractor following such concert or show. For illustrative purposes only, (i) if during such Fiscal Year the Events Center hosts six (6) concerts or shows, (ii) if there is no change in the one-fourth (1/4) split of the maximum Annual Incentive Fee, and (iii) if the Events Center (A) loses $1,000 on one of them, (B) breaks even on another one, (C) earns a profit of $2,000 on another, and (D) earns a profit in excess of $4,000 on the other 3 such concerts or shows, then the Contractor shall earn an Annual Incentive Fee of$7,500 (which is $2,500 x the 3 concerts/shows that earned a profit equal to or in excess of$2,500). At the end of any month in which such a concert or show occurs, the Contractor shall deliver an invoice to the City for any portion of the Annual Incentive Fee earned, along with a copy of the applicable event profit and loss statement(s), and the City shall pay such portion of the fee within thirty (30) days after receipt of such invoice. (f) Given the provisions of new Exhibit E relating to the Food, Beverage and Catering Services, Article XIII is hereby amended to apply only to the provisions of Contractor's management services under this Agreement. (g) In view of the inclusion of the Food, Beverage and Catering Services under this Agreement, effective as of the commencement of the Extended Tenn, each of the definitions of the Operating Expenses and Operating Revenues contained in, respectively, Article XIV, Sections A.5 and A.6 shall be amended, effective as of the commencement of the Extended Tenn, so that those definitions also include expenses and expenditures incurred, and revenues derived, in connection with the provision of the Food, Beverage and Catering Services (h) Similarly, in view of the inclusion of the Food, Beverage and Catering Services under this Agreement, effective as of the commencement of the Extended Tenn, the references in Article XV, Section C of this Agreement to "another management company" and to a "successor management company" following the termination or expiration of this Agreement shall, effective as of the commencement of the Extended Tenn, also include reference to "and/or a successor food and beverage concessionaire." (i) The notice information for Contractor set forth in Article IX shall be amended and restated to read as follows: H. Westley SMG 300 Conshohocken State Road, Suite 770 West Conshohocken, PA 19428 Phone: 610-729-7900 Fax: 610- Email Address: WWestley@smgworld.com 2. Effect of Amendment. Except as amended in paragraph 1 hereof, the Agreement and all terms and conditions thereof shall remain unaltered and in full force and effect and are hereby ratified and confirmed in all respects, as hereinabove amended. Any reference in the Agreement or in any instrument, document or consideration executed or delivered pursuant to the Agreement to "this 3 #1489059 v.4 Agreement", "hereof', "hereto", and "hereunder" and similar references thereto shall be deemed and construed to be a reference to the Agreement, as amended by this Amendment. 3. Termination of the Food and Beverage Agreement. In view of this Amendment which adds new Article II, Section H to the Agreement, the parties agree that effective as of 11:59pm on December 31, 2011 the Food and Beverage Agreement shall terminate, except for any outstanding obligations of the parties thereunder which (i) have accrued thereunder up to the date of such termination, (ii) are not contained in new Exhibit E attached to the Agreement, and(iii)shall survive such termination. 4. Governing Law. This Amendment will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to otherwise applicable principles of conflicts of law. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which will be deemed to be an original and all of which, when taken together, will be deemed to constitute but one and the same agreement. 6. Power and Authority. Each party hereby represents and warrants to the other that each has full legal right, power and authority to enter into this Amendment and to perform its respective obligations hereunder. [rest of this page intapAianally 144 blaptli] #1489059 v.4 IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first above written. CONTRACTOR: SMG Approved as to Form By: By: Name: Name: Title: Title: CITY OF KENT Approved as to Form By: By: Name: Name: Title: Title: 5 #1489059 v.4 EXHIBIT E—FOOD, BEVERAGE AND CATERING SERVICES (to the Kent Events Center Sales, Marketing, And Operational Management Services Agreement) In furtherance of Article II, Section H of the Agreement, the following are the terms under which the Contractor will provide the Food, Beverage and Catering Services at the Events Center from and after the commencement of the Extended Term (January 1, 2012). 1. NATURE OF THE FOOD, BEVERAGE AND CATERING SERVICES The Contractor will be responsible for providing exclusive food and beverage concessions and catering services in the Events Center, consistent with the goals of the City, in coordination with the Seattle Thunderbirds Western Hockey League Team("Team") and pursuant to the terms and conditions established in the License Agreement entered into between the City and the Team ("License Agreement"), attached and incorporated as Exhibit"F." All contracts entered into by Contractor in connection with such work will be entered into in the Contractor's own name as an independent contractor(which the parties acknowledge is different than the way Contractor entered into such contracts pursuant to the Food and Beverage Agreement). All costs related to the performance of the Food, Beverage and Catering Services shall be an Operating Expense of the Event Center. The work of providing the Food, Beverage and Catering Services shall include the purchase, preparation, and serving of food, alcoholic and non-alcoholic beverages, and other related food items for the Events Center's events, and the management of such work shall include operation of concession stands, portable food services, suite catering and other food and beverage services as may be required by the Events Center as further contained in the RFP documents described in Paragraph 2.A below. The Contractor shall provide all personnel, materials, tools, supplies, and transportation necessary, or reasenable easonably incidental, to providing the Food, Beverage and Catering Services for the Events Center's events and visitors, using the kitchen, concessions and portable equipment at the Events Center, all was further described in this Exhibit"E" and in the Agreement. 2. RELEVANT DOCUMENTS AND INTERPRETATION OF THEM (a) General. The performance of the Food, Beverage and Catering Services shall be performed in accordance with the following: (i) Applicable federal and state of Washington statutes and regulations and City laws, ordinances and regulations; (ii) This Agreement; (iii) This Exhibit"E" to this Agreement; (iv) The request for proposals (RFP) document and any Addenda to the RFP issued by the City in connection with the Food and Beverage Agreement, which is attached hereto as Exhibit"G'; (v) The Contractor's proposal responding to such RFP; 6 #1489059 v.4 (vi) Exhibit"F" to this Agreement(which contains the License Agreement); (vii) Exhibit`B" to this Agreement, which contains the Insurance and Bond Requirements governing work to be performed under this Agreement; and (viii) Any other provision, term, attachment, or material incorporated herein by referenced or otherwise incorporated. (b) Conflict. In the event of conflict between the Agreement documents and applicable laws, codes, ordinances, or regulations relating to the performance of the Food, Beverage and Catering Services, the most stringent or legally-binding requirements shall govern and be considered a part of this Agreement to afford the City maximum benefits. (c) Order of Precedence. In the event of any inconsistency in this Agreement with respect to the performance of the Food, Beverage and Catering Services, unless Paragraph 2.13 above is applicable, the inconsistency shall be resolved by giving precedent to the documents described in, and in the order provided in, Paragraph 2.A above. 3. CONTRACTOR INVESTMENT The parties acknowledge that the Contractor provided $700,000 (the "SMG Expenditure") pursuant to the Food and Beverage Agreement toward the acquisition of food and beverage equipment for use by the City during the term of such agreement and during the term of this Agreement. The City and Contractor agreed that Contractor shall be repaid in cash by the City on a seven(7)year amortization schedule, with $100,000(or such lesser amount if the last payment is less than $100,000)being paid by the City to Contractor on or before December 31 of each successive year until fully paid, beginning on or before December 31, 2009. The City and Contractor further acknowledge that(i)as of the date of the Amendment to this Agreement(November , 2011), $300,000 of such amount has been paid to Contractor, (ii) as of January 1, 2012 (the commencement date of the Extended Term), the City will pay an additional $100,000 on or before December 31"for the calendar vears 2012 and 2013 in accordance with Section 6 of the Food and Beverage Agreement, and(iii)unless there is a further extension of the Extended Term, the final payment due to Contractor hereunder on December 31, 2014 shall be $200,000, and at that time the SMG Expenditure will be repaid in full. '-g''ven.en{fie'`'' sew > $200,000 4SOG4 affiOOH4 4as boon PaW to > ,.t'r......af i 2012 (two ,.,...........o..,.o.....o..t date of t4e;2xt@f1j@4 T-OR:A) it is o ostoa tliat Hfl addifi8ftal $100,000 shall hftNd been paid b� the Gitt t8 98istfaPtHr ifl app8rda-flea i.A,4h septiHis 6 In addition to any payments due to Contractor under this Agreement, the City agrees that if it terminates or does not renew this Agreement, at any time during the amortization period, the successor food and beverage concessionaire or the City will be responsible for the immediate (i.e., on the termination date or expiration date of this Agreement, as applicable)repayment of the Contractor's unamortized and/or unpaid portion of the SMG Expenditure. 7 #1489059 v.4 KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: December 13, 2011 SUBJECT: Van Ness Feldman Federal Lobbyist Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Van Ness Feldman to represent the city as federal lobbyist, in an amount not to exceed $90,000, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: This agreement provides the City of Kent federal representation with a particular emphasis on the Washington State Congressional Delegation, for an amount not to exceed $90,000. The expenses incurred will be split between Economic Development and the Public Works Department. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee and Economic & Community Development Director BUDGET IMPACTS: Yes KENT CONSULTANT SERVICES AGREEMENT Between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Van Ness, a Professional Corporation, organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C., 20007-3877, (202) 298-1956 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide federal legislative representation to the City of Kent, with particular emphasis on the Washington State congressional delegation, as further described in Consultant's work program attached and incorporated as Exhibit A. 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 beginning on January 1, 2012 and ending on December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand Dollars and no/100 ($90,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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. �I CONSULTANT: off' CITY OF KENT: j By: I j , /L �l By: (signature) (signature) Print Name: V�) �n � Z v fnwt' (1 Print Name: Suzette Cooke Its YJ 1 nCl pp Its Mayor (title DATE: Cl DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ben McMakin Ben Wolters, Economic Development Director VanNess Feldman City of Kent 1050 Thomas Jefferson St., N.W. 220 Fourth Avenue South Washington, D.C. 20007-3877 Kent, WA 98032 (202) 298-1800 (telephone) (253) 856-5703 (telephone) (202) 338-2716 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 4 (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 a bove. By signing below, I agree to fulfill the five requirements referenced above. Dated this 2 l day of �ofeu4),W 20g1. By: t, W Wvt1J4 �v� 1MG�/la k►n For: Van Ne55 FGlflwu&A Title: Q/'Ru P&t Date: ADYGwt W EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Work Program Van Ness Feldman (Firm) agrees to provide federal representation to the City of Kent(City), beginning on January 1, 2012 to December 31sr, 2012. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding. Toward this end, Van Ness Feldman will implement the following work plan on behalf of the City of Kent: • Work with the City's Economic Development Director, city departments, Mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2012 and beyond: 1. Congressional and Executive Branch support to replace, repair and certify the Green River levee system in Kent. Continue Kent effort to adopt a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified. Support Kent initiatives, both current and future anticipated initiatives,to certify and accredit the levee system by the federal government. 2. Funding from the Federal Surface Transportation Reauthorization bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation priorities for Kent. 3. Authorization for project funding through the Water Resources Development Act Reauthorization (WRDA)for the Kent Valley Levee Project. 4. Support City efforts to continue federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 5. Continued federal support for local law enforcement and crime prevention. 6. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 7. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. 8. Other federal opportunities and issues identified as a priority for the City of Kent. • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair, transportation, habitat restoration, and other municipal priorities identified by the City. • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with the City of Kent visits to Washington, D.C. by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. • Assist City Departments with tracking, identifying, and securing grant opportunities in support of City priorities and initiatives, including human services, open space, law enforcement, environmental and energy conservation, and others. • Provide updates, strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work, next steps, and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in the firm to provide the City with the most effective, efficient, and timely representation. Rick Agnew will provide additional support for Kent from the Firm's Seattle office. The City of Kent will pay the Firma monthly retainer of $7,500. The retainer includes all associated costs, such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental to the retainer and charged, without markup, as incurred. Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$90,000. The City agrees to provide monthly payment within 45 days of receipt. The City of Kent consents to being listed as a Firm client on firm promotional materials. This consent includes to permitting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. The City of Kent has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract, Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Van Ness Feldman need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value. The City of Kent further agrees that Van Ness Feldman may retain a copy of materials in such files, at its own expense. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: December 13, 2011 SUBJECT: Premera Blue Cross Administrative Services Contract - Authorize MOTION: Authorize the Mayor to sign the Premera Blue Cross 2012 administrative contract in an amount not to exceed $11,740,135, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The 2012 contract reflects an 8.5% reduction in administrative fees by Premera Blue Cross. It's a three-year rate guaranteed agreement with the second year "no increase" applied to the agreement, with a slight increase for 2014 of 3%. The annual cost for 2012 is approximately $730,000. The projected budget for the self-insured Premera Blue Cross program, including claims and administrative fees, for 2012 is $11,740,135 and is budgeted in the health and wellness fund. EXHIBITS: Premera Blue Cross 2012 Administrative Services Contract RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Budged in the Health & Wellness fund TEAS IS A DRAFT ONLY ADMINISTRATIVE SERVICE CONTRACT BETWEEN PREMERA BLUE CROSS AND CITY OF KENT EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 (The "Contract Period") This Contract is effective by and between the group named above (hereinafter referred to as the "Plan Sponsor"), and Premera Blue Cross (hereinafter referred to as the "Claims Administrator" or"we," "us,"or"our"). WHEREAS, the Plan Sponsor has established an employee benefit plan (hereinafter referred to as the "Plan") which provides for payment of certain welfare benefits to and for certain eligible individuals as defined in writing by the Plan Sponsor, such individuals being hereinafter referred to as "Members", and, WHEREAS, the Plan Sponsor has chosen to self-insure the benefit program(s) provided under the Plan, and WHEREAS, the Plan Sponsor desires to engage the services of the Claims Administrator to provide administrative services for the Plan, NOW THEREFORE, in consideration of the mutual covenants and conditions as contained herein the parties hereto agree to the provisions in this Contract, including any Attachments and endorsements thereto. The parties below have signed as duly authorized officers and have hereby executed this Contract. If this Contract is not signed and returned to the Claims Administrator within sixty (60) days of its delivery to the Plan Sponsor or its agent, the Claims Administrator will assume the Plan Sponsor's concurrence and the Plan Sponsor will be bound by its terms. IN WITNESS WHEREOF the parties hereto sign their names as duly authorized officers and have executed this Contract. City of Kent BY: DATE: Title ADDRESS: Premera Blue Cross BY: DATE: January 1, 2012 H.R. Brereton Barlow President and Chief Executive Officer P.O. Box 327 Seattle, WA 98111-0327 ADSERV-ASC (01-2012) TABLE OF CONTENTS 1. DEFINITIONS..........................................................................................................................4 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR.............................................4 2.1. Documentation................................................................................................................................4 2.2. Plan Sponsor's Fiduciary Authority.................................................................................................4 2.3. Defense of the Plan.........................................................................................................................4 2.4. Administrative Duties......................................................................................................................5 2.5. Taxes, Assessments, And Fees.....................................................................................................5 2.6. Compliance With Law.....................................................................................................................5 2.7. Appeals...........................................................................................................................................6 2.8. Funding...........................................................................................................................................6 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR ............................6 3.1. Administrative Duties......................................................................................................................6 3.2. Appeals...........................................................................................................................................7 3.3. Claims Administrator's Fiduciary Authority .....................................................................................7 3.4. Claims Processing ..........................................................................................................................8 3.5. Funding Support..............................................................................................................................8 3.6. Annual Accounting..........................................................................................................................8 3.7. Participation In Class Action Suits..................................................................................................8 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY.......................................9 4.1. Recoveries......................................................................................................................................9 4.2. Independent Contractor..................................................................................................................9 4.3. Limits of Liability..............................................................................................................................9 5. FEES OF THE CLAIMS ADMINISTRATOR...........................................................................9 5.1. Payment Time Limits.......................................................................................................................9 5.2. Late Payments................................................................................................................................9 5.3. Customization Fees......................................................................................................................10 6. AUDIT....................................................................................................................................10 7. SUBROGATION.................................................................................................................... 10 8. TERM OF CONTRACT.......................................................................................................... 11 8.1. Contract Period.............................................................................................................................11 8.2. Changes to Fees...........................................................................................................................11 9. TERMINATION...................................................................................................................... 11 9.1. Termination With Notice................................................................................................................11 9.2. Contract Period Expiration............................................................................................................11 City of Kent January 1,2012 1018212 9.3. Termination Due to Insolvency .....................................................................................................11 9.4. Termination Due to Inability to Perform ........................................................................................12 9.5. Termination For Nonpayment.......................................................................................................12 9.6. Plan Sponsor Liability Upon Termination......................................................................................12 9.7. Final Accounting............................................................................................................................12 9.8. Claims Runout...............................................................................................................................12 10. DISCLOSURE .....................................................................................................................13 11. OTHER PROVISIONS.........................................................................................................13 11.1. Choice of Law.............................................................................................................................13 11.2. Proprietary Information................................................................................................................13 11.3. Parties To The Contract..............................................................................................................13 11.4. Notice..........................................................................................................................................13 11.5. Integration...................................................................................................................................14 11.6. Assignment .................................................................................................................................14 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT..............................14 ATTACHMENT A —OUT-OF-AREA SERVICES.......................................................................15 Returnof Overpayments.......................................................................................................................16 BlueCardWorldwideo............................................................................................................................16 Feesand Compensation.......................................................................................................................16 ATTACHMENT B —CENSUS INFORMATION.......................................................................... 18 ATTACHMENT C — REPORTING.............................................................................................. 19 ATTACHMENT D — FEES OF THE CLAIMS ADMINISTRATOR..............................................20 ATTACHMENT E — BUSINESS ASSOCIATE AGREEMENT ...................................................22 ATTACHMENT F — CARE FACILITATION................................................................................23 ATTACHMENT G — EXTENDED POST-PAYMENT RECOVERY SERVICES..........................24 ATTACHMENT H — DISEASE MANAGEMENT ........................................................................26 Appendix Services.............................................................................................................................27 City of Kent January 1,2012 1018212 1 . DEFINITIONS Adverse Benefit Determination Any of the following: a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit, including payment that is based on a determination of the eligibility of a Member to participate in the Plan. This includes any denials, reductions, or failures to provide or make payment resulting from the application of utilization review or limitations on experimental and investigational services, medical necessity, or appropriateness of care. It also includes a decision to rescind a member's coverage unless the rescission is due to nonpayment of subscription charges. Affordable Care Act The Patient Protection and Affordable Care Act of 2010 (Public Law 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). Contract Period The period shown on the Face Page of this Contract. The Contract Period begins at 12:01 a.m. on the starting date shown on the Face Page and ends at midnight on the ending date shown on the Face Page. Effective Date The date this Contract takes effect (the first day of the Contract Period). The Effective Date is shown on the Face Page of this Contract. Grandfathered Health Plan A Plan benefit package that meets the requirements to be a "grandfathered health plan" set forth in the federal Affordable Care Act regulations. If the Plan consists of more than one benefit package, the federal regulations on grandfathered plan status apply separately to each benefit package. Member A Subscriber or dependent who is eligible for coverage as stated in the Plan and who is enrolled as required in the Plan. Non-Grandfathered Health Plan A Plan benefit package that does not meet the requirements to be a grandfathered health plan set forth in the federal Affordable Care Act regulations. If the Plan consists of more than one benefit package, the federal regulations on non-grandfathered plan status apply separately to each benefit package. PEPM "Per employee per month." Plan The employee benefit plan established and maintained by the Plan Sponsor that is being administered under this Contract. The Plan may consist of one or more benefit packages. Subscriber A person who is eligible for coverage under the plan by virtue of an employee-employer relationship or other relationship between the person and the Plan Sponsor, and who is enrolled as required in the Plan. 2. DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR 2.1. Documentation The Plan Sponsor shall provide the Claims Administrator with a copy of any documents describing the benefit program(s) that the Claims Administrator needs to rely upon in performing its responsibilities under this Contract. 2.2. Plan Sponsor's Fiduciary Authority The Plan Sponsor shall have final discretionary authority to determine the benefit provisions and to construe and interpret the terms of the Plan. The Plan Sponsor shall have final discretionary authority to determine eligibility for benefits and the amount to be paid by the Plan. 2.3. Defense of the Plan The Plan Sponsor shall be responsible for defending any legal action brought against the Plan, including a claim for benefits by or on behalf of any individual or entity, including but not limited to any Member or former Member, City of Kent January 1,2012 1018212 any fiduciary or other party. This responsibility includes the selection and payment of counsel. The Plan Sponsor shall not settle any legal action or claim without the prior consent of the Claims Administrator if the action or claim could result in the Claims Administrator being liable, including for example, any liability for contribution to or indemnification of the Plan Sponsor or other third party either directly or indirectly. 2.4. Administrative Duties Unless specifically delegated to the Claims Administrator by this Contract, the Plan Sponsor shall be responsible for the proper administration of the Plan including the following: a. The Plan Sponsor shall provide the Claims Administrator a complete and accurate list of all individuals eligible for benefits under the benefit program(s) and to update those lists monthly. The Claims Administrator shall be entitled to rely on the most recent list until it receives documentation of any change thereto. Retroactive enrollments shall be effective on the most recent of two dates: • The date the member's coverage would have been validly in force • The first day of the fifth full calendar month preceding the month in which the Claims Administrator receives the request for retroactive enrollment. Retroactive terminations of coverage shall be effective on the most recent of two dates: • The date the member's coverage would have been terminated, had notification been timely • The first day of the fifth full calendar month preceding the month in which the Claims Administrator receives the request for retroactive termination. b. The Plan Sponsor shall distribute to all eligible Members all appropriate and necessary materials and documents, including but not limited to benefit program booklets, summary plan descriptions, material modifications, enrollment applications and notices required by law or that are necessary for the operation of the Plan. c. The Plan Sponsor shall provide the Claims Administrator with any additional information necessary to perform its functions under this Contract as may be requested by the Claims Administrator from time to ti me. d. If the Plan Sponsor writes or revises its benefit booklet, the Claims Administrator must review and approve in advance the draft of the benefit booklet that is printed and distributed to Members. The Plan Sponsor must also include BlueCard disclosure language approved by the Blue Cross Blue Shield Association in its booklet. 2.6. Taxes, Assessments, And Fees The Plan Sponsor shall be responsible for all taxes, assessments and fees levied by any local, state or federal authority in connection with the Claims Administrator's duties pursuant to this Contract. 2.6. Compliance With Law • The Plan Sponsor shall be responsible for the Plan's continuing compliance with all applicable federal, state and local laws and regulations, as currently amended. These include but are not limited to: The Internal Revenue Code The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the "Affordable Care Act"). The Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Law and regulations governing the treatment and benefits of members covered by Medicare. These include, but are not limited to, the Medicare Secondary Payer law and regulations and the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA). As required by MMSEA, the Plan Sponsor agrees to provide us the following information: City of Kent January 1,2012 1018212 Employer Tax Identification Number (TIN/EIN), Social Security Numbers (SSNs) of all members (employees and dependents), and Medicare Health Insurance Claim Numbers (HICNs) for all Medicare-entitled members. To comply with the Medicare Secondary Payer law and regulations, the Plan Sponsor also agrees to notify us promptly if the Plan Sponsor experiences a change in total employee count that would change the order of liability according to federal guidelines. The Plan Sponsor, and not the Claims Administrator, is the "plan administrator" and the "plan sponsor"for purposes of all federal laws that apply to the Plan Sponsor and impose duties or obligations on such entities. The Plan Sponsor shall be responsible for determining whether it is subject to COBRA and, if so, for notifying Members of their COBRA rights both initially and upon the occurrence of a qualifying event, for calculating and collecting premiums for COBRA continuation of coverage and for promptly notifying the Claims Administrator when an individual is no longer eligible for COBRA continuation of coverage. If the Plan Sponsor is subject to ERISA, the Plan Sponsor is responsible to prepare and maintain its ERISA plan document. • If the Plan Sponsor elects to opt out of compliance with certain federal mandates as allowed by HIPAA, the Plan Sponsor is responsible to file its opt-out with federal regulators for each contract period and to notify Members of the opt-out in accordance with federal law and regulations then in effect. The Plan Sponsor agrees to hold the Claims Administrator and the Network harmless for any and all consequences arising from the Plan Sponsor's failure to file an opt-out as required by law for a given contract period, errors in the opt-out filing, or failure to notify a Member as required by federal law. 2.7. Appeals If an adverse decision on a Member appeal results from the Plan's internal appeal process, the Plan shall offer the Member a review by an Independent Review Organization (IRO) as described in subsection 3.2. 2.8. Funding The Plan Sponsor shall be solely liable for all benefits payable to members under the Plan that are subject to this Contract. The Plan Sponsor agrees to the following: a. Provision Of Funds The Plan Sponsor shall maintain adequate funds from which the total cost of all claims for each preceding week will be paid to the Claims Administrator by electronic funds transfer (EFT). Funds must be provided within two (2) business days of notification by the Claims Administrator to a person designated by the Plan Sponsor. b. Late Payments If timely payment for the claims is not received by the Claims Administrator, the Plan Sponsor shall pay the Claims Administrator a daily late charge. This late charge is calculated from the first day following the period of two (2) business days stated above. This late charge is based on the average monthly prime rate posted by Claims Administrator's designated bank during the Contract Period, plus two (2) percent on the amount of the late payments for the number of days late. Late charges are due at the end of the Contract Period as part of the annual accounting or, if earlier, upon termination of the Contract. c. Notices Notices required by this subsection and subsection 3.5 shall be by secure e-mail unless another method is agreed upon in writing by the Plan Sponsor and the Claims Administrator. 3. DUTIES AND RESPONSIBILITIES OF THE CLAIMS ADMINISTRATOR 3.1. Administrative Duties The Claims Administrator agrees to perform the following administrative services for the Plan Sponsor. The Claims Administrator shall: a. assist in the preparation and printing of the benefit program booklets, identification cards, and other materials necessary for the operation of the Plan, and distribute identification cards to Members. City of Kent January 1,2012 1018212 The Claims Administrator shall be responsible to include approved BlueCard program disclosure language in the booklets it prepares. If the Plan Sponsor prepares its own booklets, the Claims Administrator shall provide approved language to the Plan Sponsor for inclusion in the booklets, b. perform reasonable internal audits as stated in section 6 of this Contract, c. answer inquiries from the Plan Sponsor, Members, and service providers regarding the terms of the Plan, although final authority for construing the terms of the Plan's eligibility and benefit provisions is the Plan Sponsors, d. prepare and provide the Plan Sponsor with reports of the operations of the Plan in accordance with "Attachment C—Reporting", e. coordinate with any stop-loss insurance carrier, f. when "preferred provider" or"network provider" benefits are provided, maintain a network of hospital and professional providers, paid claims will reflect any applicable provider discounts, g. perform care facilitation services as identified in "Attachment F—Care Facilitation." h. provide a Certificate of Group Health Coverage to Members when their coverage under this Plan terminates or upon their request within 24 months of termination. i. Brand-name prescription drug rebates are guaranteed on a per-prescription basis. The Claims Administrator will pay to the Plan Sponsor the full amount of guaranteed rebates received by the Claims Administrator in connection with the Plan Sponsor's pharmacy benefit utilization. Payment shall be made to the Plan Sponsor on a calendar year quarterly basis unless agreed upon otherwise. The allowable charge for prescription drugs is higher than the price paid to the pharmacy benefit manager for those prescription drugs. The Claims Administrator retains the difference and applies it to the cost of operations and the prescription drug benefit program. 3.2. Appeals a. The Claims Administrator shall review and respond to the initial appeals made by Members of Adverse Benefit Determinations (see section 1) as described in the benefit booklet provided by the Claims Administrator for this Plan. The Claims Administrator shall also provide a second review of adverse Member appeal decisions made after its initial review. This review will be conducted as described in the benefit booklet provided by the Claims Administrator for this Plan. b. If an adverse decision on a Member's appeal results from the Plan's internal appeal process, the Claims Administrator agrees to facilitate a review of the appeal by an Independent Review Organization (IRO) on behalf of the Plan Sponsor. The Claims Administrator will submit all required documentation regarding the appeal to an IRO and work with the IRO as needed to complete its review. The external appeal process for Non-Grandfathered Plans will be offered and administered in accordance with the requirements of the Affordable Care Act. The Plan Sponsor is responsible for all costs charged by the IRO to perform its review. If the Plan Sponsor chooses to share that cost with Members to the extent allowed under the Affordable Care Act, the Plan Sponsor is responsible to charge and collect any such fee from a Member. 3.3. Claims Administrator's Fiduciary Authority The Plan Sponsor and the Claims Administrator agree that the Claims Administrator will have the discretionary authority to administer, process, and determine entitlement to Plan benefits in accordance with the Plan documents for each claim received and to construe the terms of the Plan. However, the Plan Sponsor has the sole and complete authority and responsibility to determine eligibility of persons to participate in the Plan. It is also agreed that the Claims Administrator has no other discretionary authority under the Plan. City of Kent January 1,2012 1018212 3.4. Claims Processing The Claims Administrator shall process all eligible claims incurred after the Effective Date of this Contract which are properly submitted in accordance with the procedures set forth in the Plan Sponsor's benefit booklet. The Claims Administrator shall make reasonable efforts to determine that a claim is covered under the terms of the Plan as described in the benefit booklet, to apply the coordination of benefits provisions, and prepare and distribute benefit payments to Members and/or service providers. The Claims Administrator shall make reasonable efforts to identify and recover overpayments due to claim processing errors that were within its control, retroactive cancellations, or fraudulent billing practices. "Reasonable"for the purposes of this section shall be determined by the Claims Administrator. 3.6. Funding Support The Claims Administrator shall follow the steps below to facilitate the Plan Sponsor's funding of its Plan. a. Claim payment checks will be issued on the Claims Administrator's check stock. However, as stated in subsection 2.8 above, the responsibility for funding benefits is the Plan Sponsor's and the Claims Administrator is not acting as an insurer. b. Each week, the Claims Administrator shall notify the Plan Sponsor of the amount due for the prior weeks claims. Notice will be by secure e-mail unless another method is agreed upon in writing by the Claims Administrator and the Plan Sponsor. 3.6. Annual Accounting Within 120 days of the end of the Contract Period, we shall perform an annual accounting of claims activity and report to the Plan Sponsor. 3.7. Participation In Class Action Suits The Plan Sponsor hereby delegates to the Claims Administrator the authority to participate on behalf of the Plan Sponsor, and at the Claims Administrator's sole discretion, in class action lawsuits or settlements regarding any services or supplies covered under the terms of the Plan. Examples of such services or supplies include prescription or specialty drugs or medical devices. Such participation shall be limited to those instances in which the Claims Administrator determines that it will submit a claim in the subject suit on behalf of its insured book of business. The Claims Administrator shall have no obligation to participate on behalf of the Plan Sponsor in any other lawsuit or settlement. The Claims Administrator will have no obligation to file claims on behalf of a Plan Sponsor with which the Claims Administrator does not have a contract at the time the claims for recovery are submitted. The Plan Sponsor will recover the amount it is due under the terms of the settlement in question based upon the data submitted by the Claims Administrator. Any amounts recovered by the Claims Administrator hereunder shall be net of the Claims Administrator's fee as set forth below as well as fees paid to outside counsel in connection with the lawsuit and/or settlement. For each class action lawsuit or settlement in which the Claims Administrator participates hereunder on the Plan Sponsor's behalf, the Plan Sponsor shall pay the Claims Administrator a fee representing a proportionate share of a fixed amount intending to compensate the Claims Administrator for its work in connection with pursuing recovery in these cases. The fixed amount is shown in "Attachment D— Fees Of The Claims Administrator." This fixed amount is subject to change on an annual basis with at least 60 days' advance notice to the Plan Sponsor. The amount of the Claims Administrator's fee payable by each Plan Sponsor shall be based on the proportion of the total amount recovered by the Claims Administrator on behalf of the Plan Sponsor compared to the amount recovered by Claims Administrator for all lines of business. The fee will be deducted from the amount of any recovery received on behalf of the Plan Sponsor and will in no event exceed the amount of such recovery. Payment hereunder shall be made within 60 days of the Claims Administrator's receipt of the settlement funds. The Claims Administrator shall have no obligation to forward settlement funds to any group hereunder if the amount due to the group is less than $5. City of Kent January 1,2012 1018212 The Plan Sponsor may elect to decline to participate in the Claims Administrator's recovery process related to class action lawsuits or settlements regarding any services or supplies covered under the Plan by providing the Claims Administrator written notice. Except as set forth below, in the event the Plan Sponsor opts out, the Claims Administrator shall have no further obligation whatsoever to the Plan Sponsor in connection with the recovery process. The Plan Sponsor may request that the Claims Administrator gather data necessary for the Plan Sponsor to submit its own claim. In any such case, the Plan Sponsor shall pay the amount shown in "Attachment D—Fees Of The Claims Administrator"for the data-gathering services. Additionally, the Plan Sponsor shall make any such request in writing a minimum of 30 days in advance of the claim filing deadline. 4. LIMITS OF THE CLAIMS ADMINISTRATOR'S RESPONSIBILITY It is recognized and understood by the Plan Sponsor that the Claims Administrator is not an insurer and that the Claims Administrator's sole function is to provide claims administration services and the Claims Administrator shall have no liability for the funding of benefits. The Claims Administrator is empowered to act on behalf of the Plan Sponsor in connection with the Plan only as expressly stated in this Contract or as mutually agreed to in writing by the Claims Administrator and the Plan Sponsor. This Contract is between the Claims Administrator and the Plan Sponsor and does not create any legal relationship between the Claims Administrator and any Member or any other individual. 4.1. Recoveries If, during the course of an audit performed internally by the Claims Administrator as described in subsection 3.1.1b. above or by the Plan Sponsor pursuant to section 6 below, any error is discovered, the Claims Administrator shall use reasonable efforts to recover any loss resulting from such error. 4.2. Independent Contractor The Claims Administrator is an independent contractor with respect to the services being performed pursuant to this Contract and shall not for any purpose be deemed an employee of the Plan Sponsor. 4.3. Limits of Liability It is recognized by the parties that errors may occur and it is agreed that the Claims Administrator will not be held liable for such errors unless they resulted from its gross negligence or willful misconduct. The Plan Sponsor agrees to defend, indemnify and hold harmless the Claims Administrator from all claims, damages, liabilities, losses and expenses arising out of the Claims Administrator's performance of administration services under the terms of this Contract, so long as they did not arise out of the Claims Administrator's gross negligence or willful misconduct. 5. FEES OF THE CLAIMS ADMINISTRATOR 6.1. Payment Time Limits By the first of each month, The Plan Sponsor shall pay the Claims Administrator in accordance with the fee schedule set forth in "Attachment D—Fees Of The Claims Administrator"that is incorporated herein by reference. 6.2. Late Payments a. If, for any reason whatsoever, the Plan Sponsor fails to make a timely payment required under this Contract by the tenth day of the month in which payment is due, the Claims Administrator may suspend performance of services to the Plan Sponsor, including processing and payment of claims, until such time as the Plan Sponsor makes the required payment, including interest as set forth in c. below. b. In the event of late payment, the Claims Administrator may terminate this Contract pursuant to subsection 9.5 below. Acceptance of late payments by the Claims Administrator shall not constitute a waiver of its right to cancel this Contract due to delinquent or nonpayment of fees. City of Kent January 1,2012 1018212 c. The Claims Administrator will charge interest to the Plan Sponsor on all payments received after the tenth day of the month in which they are due, including amounts paid to reinstate this Contract after termination pursuant to subsection 9.5 below, at the average prime rate posted by Claims Administrator's designated bank during the Contract Period plus two (2) percent on the amount of the late payments for the number of days late. Interest will be in addition to any other amounts payable under this Contract. 6.3. Customization Fees The Plan Sponsor shall pay the Claims Administrator a "customization fee"when the Plan Sponsor requests either of the following: a. A plan benefit configuration that the Claims Administrator has not determined to be standard for the plan type. Customization fees for nonstandard plan benefits assessed at this Contract's Effective Date are listed in "Attachment D— Fees Of The Claims Administrator." b. An off-anniversary benefit change, regardless of whether the desired benefit is standard for the plan type. The customization fee for each off-anniversary change shall be $2,000. Customization fees for off- anniversary changes shall be invoiced separately to the Plan Sponsor. For purposes of customization fees, "benefits" include eligibility, termination, continuation and benefit payment provisions, benefit terms, limitations, and exclusions, funding arrangement changes, and any other standard provisions of the Plan. Fees are computed based on current administrative costs to implement and administer the benefit. Customization fees for custom benefits that take effect on the Effective Date shown on the Face Page of this Contract are due and payable prior to that Effective Date. Customization fees for off-anniversary benefit changes are due and payable prior to the effective date of the change. 6. AUDIT Within thirty (30) days of written notice from the Plan Sponsor, the Claims Administrator shall allow an authorized agent of the Plan Sponsor to inspect or audit all records and files maintained by the Claims Administrator which are directly pertinent to the administration of the Plan for the current or most recently ended contract period. Such documents shall be made available at the administrative office of the Claims Administrator during normal business hours. The Plan Sponsor shall be liable for any and all fees charged by the auditor. All audits shall be subject to the Claims Administrator's audit policies and procedures then in effect. To the extent that the Plan Sponsor requests data and reports that are beyond the scope of the Claim Administrator's audit policies and procedures, the Plan Sponsor shall reimburse the Claims Administrator for the additional administrative costs incurred in producing such data and reports. Any agent or auditor who has access to the records and files maintained by the Claims Administrator shall agree not to disclose any proprietary or confidential information used in the business of the Claims Administrator. 7. SUBROGATION The Claims Administrator shall have no affirmative duty to pursue subrogation claims. However, the Claims Administrator may pursue subrogation claims when the Plan Sponsor purchases subrogation services as described in Attachment G— Extended Post-Payment Recovery Services. The Plan Sponsor shall have the sole discretion to bring any legal claim or action to enforce the Plan's subrogation provisions. The Claims Administrator will cooperate with the Plan Sponsor in the event the Plan Sponsor brings any legal action to enforce the subrogation provisions of the Plan. Any costs and attorneys' fees incurred in pursuing such subrogation claims shall be the responsibility of the Plan Sponsor. City of Kent January 1,2012 1018212 8. TERM OF CONTRACT 8.1. Contract Period The term of this Contract shall be the Contract Period shown on the Face Page of this Contract. Except as stated otherwise in this section and in subsection 8.2 below, the terms and conditions of this Contract and the fee schedule set forth in "Attachment D—Fees Of The Claims Administrator"are established for the Contract Period. The Claims Administrator reserves the right to amend this Contract at any time if needed to comply with applicable law or regulation. 8.2. Changes to Fees The Plan Sponsor acknowledges that the fee schedule set forth in "Attachment D—Fees Of The Claims Administrator"and the services provided for in this Contract are based upon the terms of the Plan and the enrollment as they exist on the Effective Date of this Contract. Any substantial changes, whether required by law or otherwise, in the terms and provisions of the Plan or in enrollment may require that the Claims Administrator incur additional expenses. The parties agree that any substantial change, as determined by the Claims Administrator, shall result in the alteration of the fee schedule, even if the alteration is during the Contract Period. The phrase "any substantial change" shall include, but not be limited to: a. a fluctuation of ten (10) percent or more in the number of Members as set forth on the census information included in "Attachment B—Census Information"which is herein incorporated by reference and made a part of this Contract, b. the addition of benefit program(s) or any change in the terms of the Plan's eligibility rules, benefit provisions or record keeping rules that would increase administration costs by more than $2,000, c. any change in claims administrative services, benefits or eligibility required by law, d. any change in administrative procedures from those in force at the inception of this Contract that is agreed upon by the parties, e. any additional services which the Claims Administrator undertakes to perform at the request of the Plan Sponsor which are not specified in this Contract such as the handling of mailings or preparation of statistical reports and surveys not specified in the Claims Administrator's standard Employer Group Reporting set. 9. TERMINATION 9.1. Termination With Notice The Plan Sponsor may terminate this Contract at any time by giving the Claims Administrator thirty (30) days written notice. 9.2. Contract Period Expiration This Contract will terminate on the last day of the Contract Period or the last day of any extension of the Contract Period granted by the Plan Administrator. 9.3. Termination Due to Insolvency Either party may terminate this Contract effective immediately by giving written notice to the other if a party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether foreign or domestic. A party is insolvent if it has ceased to pay its debts in the ordinary course of business; cannot pay its debts as they become due, or the sum of its debts is greater than the value of its property at a fair valuation. City of Kent January 1,2012 1018212 9.4. Termination Due to Inability to Perform If loss of services is caused by, or either party is unable to perform any of its obligations under this Contract, or to enjoy any of its benefits because of natural disaster, action or decrees of governmental bodies or communication failure not the fault of the affected party, such loss or inability to perform shall not be deemed a breach. The party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of such notice, the party whose performance has not been so affected may, as its sole remedy, terminate this Contract by written notice to the other party effective immediately. In the event of such termination, the Plan Sponsor shall remain liable to the Claims Administrator for all payments due, together with interest thereon as provided for in subsection 5.2.c. above. 9.6. Termination For Nonpayment The Claims Administrator may, at its sole discretion, terminate this Contract effective as of a missed payment due date in the event that the Plan Sponsor fails to make a timely payment required under this Contract. 9.6. Plan Sponsor Liability Upon Termination In the event this Contract is terminated prior to the end of the administration fee guarantee period shown in "Attachment D—Fees Of The Claims Administrator," the Plan Sponsor shall remain liable to the Claims Administrator for all delinquent sums together with interest thereon as provided for in subsection 5.2.c. above.. Furthermore, the Claims Administrator will have incurred fixed costs which, but for the termination, would have been recouped over the course of the administration fee guarantee period. Therefore, in the event that the Contract terminates pursuant to subsections 9.1 or 9.5 above, the Plan Sponsor shall also pay the Claims Administrator as liquidated damages, and not as a penalty, an amount equal to two (2) months administration fees. This monthly fee shall be determined by multiplying the rate set forth in "Attachment D—Fees Of The Claims Administrator" by the average number of Subscribers covered by the Plan for the immediately preceding six (6) month period or such shorter period if this Contract has not been in effect for a period of six (6) months. The liquidated damages amount shall then be reduced on a pro rata basis for the number of months of the administration fee guarantee period that the Contract was in force. The Plan Sponsor shall remain liable for claims incurred during the Contract Period but not paid during the Contract Period and for the claims run-out processing fee set forth in the "Fees Of The Claims Administrator" attachment. 9.7. Final Accounting Within one hundred twenty (120) days of termination by either party, the Claims Administrator shall deliver to the Plan Sponsor an interim accounting. Within fifteen (15) months of termination the Claims Administrator shall deliver to the Plan Sponsor a complete and final accounting of the status of the Plan. At the expense of the Plan Sponsor, the Claims Administrator shall make available a record of deductibles and coinsurance levels for each Member and deliver this information to the Plan Sponsor or its authorized agent. 9.8. Claims Runout The Plan Sponsor continues to be solely liable for claims received by the Claims Administrator after the Contract terminates. For the fifteen (15)-month period following termination of this Contract, the Claims Administrator shall continue to process eligible claims incurred prior to termination, or adjustments to claims incurred prior to termination, that the Claims Administrator receives no more than twelve (12) months after the date of termination at the claims runout processing fee rate set forth in "Attachment D—Fees Of The Claims Administrator." The runout processing charge will be due in full with the first request for claims reimbursement made during the runout period. If the Claims Administrator receives claims for Plan benefits more than twelve (12) months after the date this Contract terminates, Claims Administrator shall deny those claims. If the Plan Sponsor wants to negotiate a different arrangement, the Plan Sponsor must contact the Claims Administrator no later than the start of the fourteenth month after the date this Contract terminates. This"Claims Runout" provision shall survive termination of this Contract. City of Kent January 1,2012 1018212 10. DISCLOSURE It is recognized and understood by the Plan Sponsor that the Claims Administrator is subject to all laws and regulations applicable to Claims Administrators and health care service contractors. It is also recognized and understood by the Plan Sponsor that the Claims Administrator is not acting as an insurer and also is not providing stop-loss insurance. 11. OTHER PROVISIONS 11.1. Choice of Law The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the state of Washington, unless federal law applies. Any and all disputes concerning this Contract shall be resolved in King County Superior Court or federal court as appropriate. 11.2. Proprietary Information The Claims Administrator reserves the right to, the control of, and the use of the words "Premera Blue Cross", "MSC Incorporated as Premera Blue Cross"and all symbols, trademarks and service marks existing or hereafter established. The Plan Sponsor shall not use such words, symbols, trademarks or service marks in advertising, promotional materials, materials supplied to Members or otherwise without the Claims Administrator's prior written consent which shall not be unreasonably withheld. The Claims Administrator's provider reimbursement information is proprietary and confidential to the Claims Administrator and will not be disclosed to the Plan Sponsor unless and until a separate Confidentiality Agreement is executed by the parties. For the purposes of this section, "provider reimbursement information" means data containing, directly or indirectly (a) diagnostic, procedures or other code sets, and (b) billed amount, allowed amount, paid amount or any other financial information for network and non-network hospitals, clinics, physicians, other health care professionals, pharmacies and any other type of facility. Such data may or may not specifically identify providers. No other provision of this Contract or any other agreement or understanding between the parties shall supersede this provision. 11.3. Parties To The Contract The Plan Sponsor hereby expressly acknowledges, on behalf of itself and all of its Members, its understanding that this Administrative Service Contract constitutes a Contract solely between the Plan Sponsor and the Claims Administrator, that the Claims Administrator is an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans (the "Association") permitting the Claims Administrator to use the Blue Cross Service Mark in the States of Washington and Alaska, and that the Claims Administrator is not contracting as the agent of the Association. The Plan Sponsor further acknowledges and agrees that it has not entered into this Administrative Service Contract based upon representations by any person other than the Claims Administrator, and that no person, entity or organization other than the Claims Administrator shall be held accountable or liable to the Plan Sponsor for any of the Claims Administrator's obligations to the Plan Sponsor created under this Administrative Service Contract. This provision shall not create any additional obligations whatsoever on the Claims Administrator's part other than those obligations created under other provisions of this Administrative Service Contract. 11.4. Notice Except for the notice given pursuant to the "Funding"subsection of section 2, any notice required or permitted to be given by this Contract shall be in writing and shall be deemed delivered three (3) days after deposit in the United States mail, postage fully prepaid, return receipt requested, and addressed to the other party at the address as shown on the face page of this Contract or such other address provided in writing by the parties. City of Kent January 1,2012 1018212 11.6. Integration This Contract, including any appendices or attachments incorporated herein by reference, embodies the entire Contract and understanding of the parties and supersedes all prior oral and written communications between them. Only a writing signed by both parties hereto hereof may modify the terms. 11.6. Assignment Neither party shall assign this Contract or any of its duties or responsibilities hereunder without the prior written approval of the other. 12. ATTACHMENTS TO THE ADMINISTRATIVE SERVICE CONTRACT The following attach to and become part of the body of this Contract and they are herein incorporated by reference. ATTACHMENT A—OUT OF AREA SERVICES ATTACHMENT B—CENSUS INFORMATION ATTACHMENT C—REPORTING ATTACHMENT D—FEES OF THE CLAIMS ADMINISTRATOR ATTACHMENT E— BUSINESS ASSOCIATE AGREEMENT ATTACHMENT F—CARE FACILITATION ATTACHMENT G —EXTENDED POST-PAYMENT RECOVERY SERVICES ATTACHMENT H —DISEASE MANAGEMENT City of Kent January 1,2012 1018212 ATTACHMENT A — OUT-OF-AREA SERVICES Premera Blue Cross participates in Inter-Plan Arrangements with other Blue Cross and/or Blue Shield Licensees. They include "the BlueCard° Program" and arrangements for payments to non-network providers. We are required by the Blue Cross Blue Shield Association (BCBSA) to disclose the information below about these Inter- Plan Arrangements to groups with which we do business. The Plan Sponsor has consented to this disclosure to permit us to satisfy our contractual obligations to BCBSA. However, this provision defines or modifies the rights and obligations of the parties under this Contract only with regard to the processing of claims for care outside Washington and Alaska or in Clark County, Washington (our"Service Area"). Whenever Members access healthcare services outside our Service Area, the claims are processed through one of these Inter-Plan Arrangements and presented to us for payment. Payment is made in accordance with the terms and limitations of the Plan and the rules of the applicable BCBSA Inter-Plan Programs policies then in effect. Under these policies, we remain responsible to the Plan Sponsor for fulfilling our obligations under this Contract. The local Blue Cross and/or Blue Shield Licensee (the "Host Blue") is responsible for such services as contracting and handling substantially all interactions with its network providers. When Members are outside our Service Area, they may obtain care from providers that are in the network of a Host Blue or from non-network providers. Our payment calculation practices in both instances are described below. Circumstances may arise that are not directly covered by this description, however, in those instances, our practices will be consistent with the spirit of this description. It is important to note that receiving services through these Inter-Plan Arrangements does not change covered benefits, benefit levels, or any stated residence requirements of the Plan. Liability Calculation Method Per Claim Network Providers The calculation of the Member's liability for claims processed through the BlueCard Program will be based on the lower of the network provider's billed charge for the covered services or the allowable charge made available to us by the Host Blue. Most often, the Plan Sponsor's liability for those claims is calculated based on the same amount on which the Member's liability is calculated. In rare cases, the Plan Sponsor's liability may be greater than billed charges if the Host Blue has negotiated with a network provider an inclusive allowance (such as a per-case or per-day amount) for specific services. Host Blues may use various methods to determine an allowable charge, depending on the terms of their network provider contracts. The allowable charge can be one of the following: An actual price. An actual price is a priced amount passed to us without any of the adjustments made to estimated or average prices, as explained below. An estimated price. An estimated price is a negotiated price that is reduced or increased by a percentage to take into account certain payments negotiated with the provider and other claim- and non-claim-related transactions. Such transactions may include, but are not limited to, anti-fraud and abuse recoveries, provider refunds not applied on a claim-specific basis, retrospective settlements, and performance-related bonuses or incentives. An average price. An average price is a percentage of billed charges for the covered services representing the aggregate payments negotiated by the Host Blue with all of its providers or with a similar classification of its providers. It may also include the same types of claim- and non-claim-related transactions as an estimated price. Host Blues using either an estimated price or an average price may, in accordance with Inter-Plan Programs policies, prospectively increase or reduce such prices to correct for over- or underestimation of past prices. Prospective adjustments may mean that a current price reflects additional amounts or credits for claims already paid to providers or anticipated to be paid to or received from providers. However, the BlueCard Program City of Kent January 1,2012 1018212 requires that the Host Blue's allowable charge for a claim is final for that claim, no future estimated or average price adjustment will change the pricing of past claims. If a Host Blue uses either an estimated price or an average price on a claim, it may also hold some portion of the amount that the Plan Sponsor pays in a variance account, pending settlement with its network providers. Because all amounts paid are final, neither variance account funds held to be paid, nor the funds expected to be received, are due to or from the Plan Sponsor. Such payable or receivable amounts would be eventually exhausted by provider settlements and/or through prospective adjustments to the negotiated prices. Some Host Blues may retain interest earned, if any, on funds held in variance accounts. Clark County Providers Some providers in Clark County, Washington do have contracts with us. These providers will submit claims directly to us and benefits will be based on our allowable charge for the covered service or supply. Non-Network Providers When covered services are provided outside our Service Area by non-network providers, the allowable charge will generally be based on the Host Blue's allowable charge for non-network providers unless a different allowable charge is required by state law. Members are responsible for the difference between the amount that the non-network provider bills and this plan's payment for the covered services. Exceptions Required By Law Laws in a small number of states may require the Host Blue to include a surcharge as part of the liability for Members' covered services. If any state laws mandate other liability calculation methods, including a surcharge, we would then use the surcharge and/or other amount that the Host Blue instructs us to use in accordance with those laws as a basis for determining the plan's benefits and any amounts for which Members are responsible. Return of Overpayments Recoveries from a Host Blue or its network providers can arise in several ways. Examples are anti-fraud and abuse recoveries, provider/hospital audits, credit balance audits, utilization review refunds, and unsolicited refunds. In some cases, the Host Blue will engage a third party to assist in identification or collection of recovery amounts. The fees of such a third party may be netted against the recovery. Recovery amounts determined in this way will be applied in accordance with applicable Inter-Plan Programs policies, which generally require correction on a claim-by-claim or prospective basis. Unless otherwise agreed to by the Host Blue, we may request adjustments from the Host Blue for full refunds from providers due to the retroactive cancellation of membership, but never more than one year after the date of the Inter-Plan financial settlement process for the original claim. In some cases, recovery of claim payments associated with retroactive cancellations may not be possible if, as an example, the recovery conflicts with the Host Blue's state law or its provider contracts or would jeopardize its relationship with its providers. BlueCard Worldwide® If Members are outside the United States, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands, they may be able to take advantage of BlueCard Worldwide when accessing covered health services. BlueCard Worldwide is unlike the BlueCard Program available in the United States, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands in certain ways. For instance, although BlueCard Worldwide provides a network of contracting inpatient hospitals, it offers only referrals to doctors and other outpatient providers. Also, when Members receive care from doctors and other outpatient providers outside the United States, the Commonwealth of Puerto Rico and the U.S. Virgin Islands, the Members will typically have to submit the claims themselves to obtain reimbursement for these services. Fees and Compensation Network Providers The Plan Sponsor understands and agrees to reimburse us for certain fees and compensation which we are obligated under applicable Inter-Plan Programs requirements to pay to the Host Blues, to BCBSA, and/or to Inter-Plan Programs vendors, as described below. The fees may be revised in accordance with Inter-Plan Programs standard procedures, which do not provide for prior approval by any plan sponsor. Such revisions typically are made annually, but may occur at any time. Revisions do not necessarily coincide with the Plan Sponsor's benefit period under this Contract. City of Kent January 1,2012 1018212 Only the access fee can be charged separately each time a claim is processed. If such a fee is charged, it will be either a percentage of the discount/differential we receive from the Host Blue or a set fee, based on the current rate in accordance with the applicable Inter-Plan Program's standard procedures for establishing the access fee rate. The access fee will not exceed $2,000 for any claim. All other Inter-Plan Programs-related fees are covered by our general administrative fee. See "Attachment D— Fees of the Claims Administrator." Non-Network Providers All fees related to non-network provider claims are covered by our general administrative fee. City of Kent January 1,2012 1018212 ATTACHMENT B - CENSUS INFORMATION Administration Fees, effective January 1, 2012, are based on the following: Number of Active Members: 2247 Employee Spouse Children Medical 805 509 933 Number of COBRA Members: 12 Employee Spouse Children Medical 4 3 5 Number of Retiree Members: 92 Employee Spouse Children Medical 81 11 0 Other Carriers Offered: Group Health Cooperative City of Kent January 1,2012 1018212 ATTACHMENT C - REPORTING A standard package of reports covering the Contract Period will be provided to the Plan Sponsor within the fees set forth in "Attachment D—Fees Of The Claims Administrator." The reports will cover: • Earned premium • Paid claims • Census data • Claims summaries by: • Provider type • Service type • Coverage type Please note that reports, format, and content may be modified from time to time as needed. City of Kent January 1,2012 1018212 ATTACHMENT D - FEES OF THE CLAIMS ADMINISTRATOR Pursuant to the Administrative Service Contract, the Plan Sponsor shall pay the Claims Administrator the fees, as set forth below, for administrative services. Administration Fees: $61.03 per employee per month including $2.00 producer fee and $4.03 Disease Management fee (with stoploss) Administration Fee Guarantee: Year 1/1/2012—12/31/2012 1/1/2013—12/31/2013 1/1/2014—12/31/2014 Administration Fee $55.00 PEPM (Stoploss purchased) $55.00 PEPM (Stoploss $56.65 PEPM (Stoploss purchased) purchased) Disease Management $4.03 PEPM TBD TBD Brokerage Fee $2.00 PEPM TBD TBD Total Administration Fee $61.03 PEPM (Stoploss purchased) TBD TBD Claims Runout Processing Fee: The charge for processing runout claims is an amount equal to the active administration fee at the time of termination, times the average number of subscribers for the 3-month period preceding the termination date, times two. Fee For Class Action Recoveries The Plan Sponsor shall pay the Claims Administrator a fee for its work in pursuing class action recoveries on behalf of the Plan Sponsor as described in Subsection "3.7. Participation In Class Action Suits." The fee shall be a proportionate share of$10,000, based on the proportion of the amount recovered on behalf of the Plan Sponsor compared to the total amount recovered by the Claims Administrator for all lines of business. BlueCard Fee Amount: BlueCard Fees are tracked and billed monthly in addition to claims expense. Care Facilitation: Included in Administration Fee. See "Attachment F—Care Facilitation"and "Attachment H—Disease Management'for an overview of services provided. City of Kent January 1,2012 1018212 Extended Post-Payment Recovery Services: Claims Administrator will perform the services listed below on a pay-for-performance, contingent fee ("Contingent Fee") basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim. See "Attachment G—Extended Post-Payment Recovery Services"for an overview of services provided. Post Payment Recovery Contingent Fee Category Coordination of Benefits 25% Subrogation 25% unless claim requires engagement of outside counsel, in which case the Contingent Fee amount shall be 35%. Provider Billing Errors 25% Credit Balance 25% Hospital Billing and Chart Review 35% City of Kent January 1,2012 1018212 ATTACHMENT E - BUSINESS ASSOCIATE AGREEMENT The Plan Sponsor should keep its signed business associate agreement behind this page. City of Kent January 1,2012 1018212 ATTACHMENT F - CARE FACILITATION Claims Administrator agrees to provide the following care facilitation programs for the fees shown in "Attachment D—Fees Of The Claims Administrator." Service Description Care Management Prospective and retrospective review for medical Clinical review necessity, appropriate application of benefits. Prospective review is not mandatory for provision of benefits. Voluntary program to provide cost-effective alternatives for Case management care of complex or catastrophic conditions. This service also educates members and assists members and providers in managing breast& lung cancer. Includes preventive care programs for members: Health Awareness Education immunization reminders, cancer screening reminders, and health education and information. Includes provision of evidence-based clinical practice and Quality Programs preventive care guidelines to members and providers, chart tools, and quality of care program activities. Prescription drug formulary Development of formulary and access to providers and promotion members on-line Physician-based pharmacy Physician education on cost-effective prescribing management ePocrates Software to provide physicians with up-to-date drug and plan formulary information. Education for members using multiple drugs to review Polypharmacy prescriptions with their providers to decrease incidences of adverse drug interactions Follow-up with members and physicians to minimize Point-of-sale Pharmacy inappropriate or excessive drug therapies identified when drugs are dispensed. Demand Management Round-the-clock access for members to RNs to answer questions about health care. City of Kent January 1,2012 1018212 ATTACHMENT G - EXTENDED POST-PAYMENT RECOVERY SERVICES Claims Administrator, through its affiliate, Calypso, shall provide a set of Extended Post Payment Recovery Services to the Plan Sponsor as described below. Claims Administrator will perform these services on a pay-for- performance, contingent fee ("Contingent Fee") basis, which shall be calculated as a percentage of the gross amount recovered with respect to any particular claim. Contingent Fees are shown in "Attachment D— Fees Of The Claims Administrator." Post Payment Recovery Explanation of Services Category Claims Administrator's investigators and auditors will work to identify and pursue overpayments due to member's missing or inaccurate COB information. Claims Administrator utilizes questionnaires and Coordination of Benefits interviews with providers, employers and members to determine if Plan Sponsor's plan is primary or secondary. Claims Administrator's investigators, auditors and attorneys identify and pursue overpayments due to Subrogation opportunities. Claims Administrator's research to obtain accurate subrogation information and determine group's subrogation rights include questionnaires and interviews with providers, employers and members as well as a review of medical records. For verified overpayments Claims Administrator Subrogation manages attorney and member notification, files necessary liens, coordinates case documentation, and provides representation for arbitration hearings. The Plan Sponsor will be pre-notified of Claims Administrator's intent to file suit and retains the right to authorize or deny any legal action. Claims Administrator's post-payment editing programs and investigators and auditors perform additional screens and tests where billing information is inconsistent with age/services rendered or where Provider Billing Errors there appears to be up-coding or unbundling of services. A recovery process is then employed to request and recover verified overpayments. This service requires an on-site review of the provider's financial records and discussions with their staff. Credit balances are verified as Credit Balance owed to Plan Sponsor and the source of the credit is determined. The credit is reviewed with the provider and approved for payment back to Claims Administrator or the Plan Sponsor. This service requires an on-site review of the member's medical charts and interviews with provider staff by registered nurses. Calypso out- Hospital Billing and Chart sources the on-site review work to an independent vendor who ensures Review that: Service is consistent with diagnosis and billing is consistent with services. City of Kent January 1,2012 1018212 Post Payment Recovery Explanation of Services Category • There has been no unbundling of services, diagnosis up-coding or billing maximization. • Services rendered were prescribed by the physician and the doctor's notes were signed. • Standardized billing and payment policies were used. Calypso provides support for this vendor's efforts as well as processes all recoveries. City of Kent January 1,2012 1018212 ATTACHMENT H — DISEASE MANAGEMENT Claims Administrator agrees to make available to the Plan Sponsor certain Disease Management Services as more particularly described in Appendix 1 attached hereto and incorporated herein (the "Services'). Claims Administrator, in its sole and absolute discretion, may upgrade or otherwise modify its Services. Information and Data For Plan Sponsors for whom the Claims Administrator does not have claims data as it determines necessary for the prior 24-month period, the Plan Sponsor will attempt to obtain such data from the Plan Sponsor's previous health plan(s), 90 days prior to the Plan Sponsor Effective Date. The Claims Administrator will cooperate with Plan Sponsor's effort in obtaining such data. All such data shall be provided by the Plan Sponsor in a mutually agreeable electronic format. Inability to Provide Data. The Parties recognize that the provision of data referenced above is critical to the success of the disease management services. Therefore, the Plan Sponsor agrees that if all data referenced above is unavailable or cannot be obtained in a timely fashion, this could, at the Claims Administrator's option, affect the terms, range and availability of Services available to the Plan Sponsor. In the event that at least 24 months of historical data is not available, then the Claims Administrator shall adjust reporting and measurement requirements for such Plan Sponsor accordingly. General Provisions The parties understand, acknowledge and agree that the services provided to the Plan Sponsor hereunder are designed for application generally to the entire population of Plan Sponsor members eligible for such services and not for application to each and every such member. The Claims Administrator does not represent or warrant that the services provided pursuant to this Attachment will be applied or made with respect to each and every eligible member. The Claims Administrator will, however, use commercially reasonable efforts in their attempt to apply such services so that as many eligible members receive such services as appropriate and practicable. Severability. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Attachment shall remain valid and enforceable according to its terms. City of Kent January 1,2012 1018212 Appendix 1 Services Features of the disease management program may include: Integration with medical and behavioral health case management and clinical review services provided by Claims Administrator Designated clinician will maintain an ongoing relationship with the member Option for participants who do not want to be contacted by phone to receive information by mail only Periodic reporting on program enrollment and activities Addresses certain co-morbidities when they are associated with one or more of the primary conditions Primary Health Conditions The program will focus on the following primary health conditions: Asthma Chronic Obstructive Pulmonary Disease (COPD) Coronary Artery Disease (CAD) Diabetes Congestive Heart Failure (CHF) City of Kent January 1,2012 1018212 w," Agenda Item: Consent Calendar - 7H TO: City Council DATE: December 13, 2011 SUBJECT: Group Health Cooperative Medical Coverage Contract - Authorize MOTION: Authorize the Mayor to sign a contract with Group Health Cooperative of Puget Sound Group Medical Coverage Agreement in an amount not to exceed $471,541, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Group Health Cooperative of Puget Sound is the city's insured health maintenance organization (HMO). The 2012 contract reflects no increase in the health care premiums for a total amount of $471,541 and is budgeted in the health and wellness fund. EXHIBITS: 2011 Group Health Contract RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Budgeted in Health & Wellness fund 0 GroupHEalth, Group Medical Coverage Agreement Group Health Cooperative(also referred to as"GHC)is a nonprofit health maintenance organization furnishing health care coverage on a prepayment basis. The Group identified below wishes to purchase such coverage. This Agreement sets forth the terms under which that coverage will be provided, including the rights and responsibilities of the contracting parties;requirements for enrollment and eligibility, and benefits to which those enrolled under this Agreement are entitled. The Agreement between GHC and the Group consists of the following: • Standard Provisions • Attached Benefit Booklet • Signed Group application • Premium Schedule Group Health Cooperative Signed: / 12 Title: President and Chief Executive Officer City of Kent,0036900 Signed: Title: This Agreement will continue in effect until terminated or renewed as herein provided for and is effective January 1,2011. PA-113311 C31021-0036900 1 Group Medical Coverage Agreement Table of Contents Standard Provisions Attachment 1 Benefit Booklet Attachment 2 Premium Schedule Attachment 3 Medicare Endorsement C31021-0036900 2 Standard Provisions 1. GHC agrees to provide benefits as set forth in the attached Benefit Booklet to enrollees of the Group. 2. Monthly Premium Payments. For the initial term of this Agreement,the Group shall submit to GHC for each Member the monthly premiums set forth in the current Premium Schedule and a verification of enrollment. Payment must be received on or before the due date and is subject to a grace period often(10) days. Premiums are subject to change by GHC upon thirty (30) days written notice. Premium rates will be revised as a part of the annual renewal process. In the event the Group increases or decreases enrollment at least twenty-five percent(25%)or more, GHC reserves the right to require re-rating of the Group. 3. Dissemination of Information. Unless the Group has accepted responsibility to do so, GHC will disseminate information describing benefits set forth in the Benefit Booklet attached to this Agreement. 4. Identification Cards. GHC will furnish cards,for identification purposes only,to all Members enrolled under this Agreement 5. Administration of Agreement. GHC may adopt reasonable policies and procedures to help in the administration of this Agreement This may include,but is not limited to,policies or procedures pertaining to benefit entitlement and coverage determinations. 6. Modification of Agreement. Except as required by federal and Washington State law,this Agreement may not be modified without agreement between both parties. No oral statement of any person shall modify or otherwise affect the benefits, limitations and exclusions of this Agreement, convey or void any coverage, increase or reduce any benefits under this Agreement or be used in the prosecution or defense of a claim under this Agreement 7. Indemnification. GHC agrees to indemnify and hold the Group harmless against all claims,damages, losses and expenses, including reasonable attorney's fees, arising out of GHC's failure to perform,negligent performance or willful misconduct of its directors, officers,employees and agents of their express obligations under this Agreement The Group agrees to indemnify and hold GHC harmless against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the Group's failure to perform,negligent performances or willful misconduct of its directors, officers,employees and agents of their express obligations under this Agreement The indemnifying party shall give the other party prompt notice of any claim covered by this section and provide reasonable assistance(at its expense). The indemnifying party shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to the other party. Either party may take part in the defense at its own expense after the other party assumes the control thereof. 8. Compliance With Law. The Group and GHC shall comply with all applicable state and federal laws and regulations in performance of this Agreement This Agreement is entered into and governed by the laws of Washington State, except as otherwise pre-empted by ERISA and other federal laws. 9. Governmental Approval. If GHC has not received any necessary government approval by the date when notice is required under this Agreement, GHC will notify the Group of any changes once governmental approval has been received. GHC may amend this Agreement by giving notice to the Group upon receipt of government approved rates,benefits, limitations, exclusions or other provisions, in which case such rates, benefits, limitations,exclusions or provisions will go into effect as required by the governmental agency. All C31021-0036900 3 amendments are deemed accepted by the Group unless the Group gives GHC written notice of non-acceptance within thirty(30)days after receipt of amendment, in which event this Agreement and all rights to services and other benefits terminate the first of the month following thirty(30)days after receipt of non-acceptance. 10. Confidentiality. Each party acknowledges that performance of its obligations under this Agreement may involve access to and disclosure of data,procedures,materials, lists, systems and information, including medical records, employee benefits information, employee addresses, social security numbers, e-mail addresses, phone numbers and other confidential information regarding the Group's employees(collectively the "information"). The information shall be kept strictly confidential and shall not be disclosed to any third party other than: (i)representatives of the receiving party(as permitted by applicable state and federal law)who have a need to know such information in order to perform the services required of such party pursuant to this Agreement, or for the proper management and administration of the receiving party,provided that such representatives are informed of the confidentiality provisions of this Agreement and agree to abide by them, (it) pursuant to court order or(in)to a designated public official or agency pursuant to the requirements of federal, state or local law, statute,rule or regulation. The disclosing party will provide the other party with prompt notice of any request the disclosing party receives to disclose information pursuant to applicable legal requirements, so that the other party may object to the request and/or seek an appropriate protective order against such request. Each party shall maintain the confidentiality of medical records and confidential patient and employee information as required by applicable law. 11. Arbitration. Any dispute, controversy or difference between GHC and the Group arising out of or relating to this Agreement, or the breach thereof,shall be settled by arbitration in Seattle,Washington in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. Except as may be required by law,neither party nor arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. 12. 111PAA. Definition of Terms. Terms used,but not otherwise defined, in this Section shall have the same meaning as those terms have in the Health Insurance Portability and Accountability Act of 1996(HIPAA"). Transactions Accepted.GHC will accept Standard Transactions,pursuant to HIPAA, if the Group elects to transmit such transactions. The Group shall ensure that all Standard Transactions transmitted to GHC by the Group or the Group's business associates are in compliance with HIPAA standards for electronic transactions. The Group shall indemnify GHC for any breach of this section by the Group. 13. Termination of Entire Agreement. This is a guaranteed renewable Agreement and cannot be terminated without the mutual approval of each of the parties, except in the circumstances set forth below. a. Nonpayment or Non-Acceptance of Premium.Failure to make any monthly premium payment or contribution in accordance with subsection 2 above shall result in termination of this Agreement as of the premium due date. The Group's failure to accept the revised premiums provided as part of the annual renewal process shall be considered nonpayment and result in non-renewal of this Agreement. The Group may terminate this Agreement upon fifteen(15)days written notice of premium increase,as set forth in subsection 2 above. b. Misrepresentation. GHC may rescind or terminate this Agreement upon written notice in the event that intentional misrepresentation, fraud or omission of information was used in order to obtain Group coverage. Either party may terminate this Agreement in the event of intentional misrepresentation, fraud or omission of information by the other party in performance of its responsibilities under this Agreement. c. Underwriting Guidelines.GHC may terminate this Agreement in the event the Group no longer meets underwriting guidelines established by GHC that were in effect at the time the Group was accepted. C31021-0036900 4 d. Federal or State Law.GHC may terminate this Agreement in the event there is a change in federal or state law that no longer permits the continued offering of the coverage described in this Agreement. 14. Withdrawal or Cessation of Services. a. GHC may determine to withdraw from a Service Area or from a segment of its Service Area after GHC has demonstrated to the Washington State Office of the Insurance Commissioner that GHC's clinical,financial or administrative capacity to service the covered Members would be exceeded. b. GHC may determine to cease to offer the Group's current plan and replace the plan with another plan offered to all covered Members within that line of business that includes all of the health care services covered under the replaced plan and does not significantly limit access to the services covered under the replaced plan. GHC may also allow unrestricted conversion to a fully comparable GHC product. GHC will provide written notice to each covered Member of the discontinuation or non-renewal of the plan at least ninety(90)days prior to discontinuation. C31021-0036900 5 Dear Group Health Subscriber: This booklet contains important information about your healthcare plan. This is your 2011 Group Health Benefit Booklet(Certificate of Coverage). It explains the services and benefits you and those enrolled on your contract are entitled to receive from Group Health Cooperative. Sections of this document maybe bolded and italicized, which identifies changes that Group Health has made to the plan. The benefits reflected in this booklet were approved by your employer or association who contracts with Group Health for your healthcare coverage. If you are eligible for Medicare,please read Section I V.J. as it may affect your prescription drug coverage. We recommend you read it carefully so you'll understand not only the benefits,but the exclusions,limitations, and eligibility requirements of this certificate. Please keep this certificate for as long as you are covered by Group Health. We will send you revisions if there are any changes in your coverage. This certificate is not the contract itself,you can contact your employer or group administrator if you wish to see a copy of the contract(Medical Coverage Agreement). We'll gladly answer any questions you might have about your Group Health benefits. Please call our Group Health Customer Service Center at(206)901-4636 in the Seattle area, or toll-free in Washington, 1-888-901-4636. Thank you for choosing Group Health Cooperative. We look forward to working with you to preserve and enhance your health. Very truly yours, Scott Armstrong President PA-1133all, CA-139511,CA-222011,CA-198411,CA-11711,CA-138511,CA-610011 C31021-0036900a 1 Benefit Booklet Table of Contents Section 1. Introduction A. Accessing Care B. Cost Shares C. Subscriber's Liability D. Claims Section II. Allowances Schedule Section III. Eligibility, Enrollment and Termination A. Eligibility B. Enrollment C. Effective Date of Enrollment D. Eligibility for Medicare E. Termination of Coverage F. Services After Termination of Agreement G. Continuation of Coverage Options Section IV. Schedule of Benefits A. Hospital Care B. Medical and Surgical Care C. Chemical Dependency Treatment D. Plastic and Reconstructive Services E. Home Health Care Services F. Hospice Care G. Rehabilitation Services H. Devices,Equipment and Supplies I. Tobacco Cessation J. Drugs,Medicines, Supplies and Devices K. Mental Health Care Services L. Emergency/UrgentCare M. Ambulance Services N. Skilled Nursing Facility Section V. General Exclusions Section VI. Grievance Processes for Complaints and Appeals Section VIL General Provisions A. Coordination of Benefits B. Subrogation and Reimbursement Rights C. Miscellaneous Provisions Section VIIL Definitions Attachment: Group Medicare Coverage C31021-0036900 2 Group Health Cooperative believes this plan is a "grandfathered health plan"under the Patient Protection and Affordable Care Act of 2010. Questions regarding this status maybe directed to GHC Customer Service at(888) 901-4636. You may also contact the Employee Benefits Security Administration, U.S. Department ofLabor at (866)444-3272 or www.dol.gov/ebsa/healthreform. Section L Introduction Group Health Cooperative(also referred to as"GHC")is a nonprofit health maintenance organization furnishing health care primarily on a prepayment basis. Read This Benefit Booklet Carefully This Benefit Booklet is a statement of benefits, exclusions and other provisions, as set forth in the Group Medical Coverage Agreement(`Agreement')between GHC and the employer or Group. A full description of benefits, exclusions, limits and Out-of-Pocket Expenses can be found in the Schedule of Benefits, Section IV,General Exclusions, Section V, and Allowances Schedule, Section II. These sections must be considered together to fully understand the benefits available under the Agreement. Words with special meaning are capitalized. They are defined in Section VIII. A. Accessing Care Members are entitled to Covered Services only at GHC Facilities and from GHC Personal Physicians. Except as follows: • Emergency care, • Self-Referral to women's health care providers, as set forth below, • Visits with GHC-Designated Self-Referral Specialists, as set forth below, • Care provided pursuant to a Referral. Referrals must be requested by the Member's Personal Physician and approved by GHC, and • Other services as specifically set forth in the Allowances Schedule and Section IV. Members may refer to Sections IV.A. and IV.C. for more information about inpatient admissions. Primary Care. GHC recommends that Members select a GHC Personal Physician when enrolling under the Agreement. One Personal Physician may be selected for an entire family, or a different Personal Physician may be selected for each family member. Selecting a Personal Physician or changing from one Personal Physician to another can be accomplished by contacting GHC Customer Service, or accessing the GHC website at www.ghe.org. The change will be made within twenty-four(24)hours of the receipt of the request, if the selected physician's caseload permits. A listing of GHC Personal Physicians,Referral specialists,women's health care providers and GHC-Designated Self-Referral Specialists is available by contacting GHC Customer Service at(206)901-4636 or(888)901- 4636,or by accessing GHC's website at www.ghe.org. In the case that the Member's Personal Physician no longer participates in GHC's network,the Member will be provided access to the Personal Physician for up to sixty(60)days following a written notice offering the Member a selection of new Personal Physicians from which to choose. Specialty Care. Unless otherwise indicated in this section,the Allowances Schedule or Section IV.,Referrals are required for specialty care and specialists. GHC-Designated Self-Referral Specialist. Members may make appointments directly with GHC-Designated Self-Referral Specialists at Group Health-owned or-operated medical centers without a Referral from their C31021-0036900 3 Personal Physician. Self-Referrals are available for the following specialty care areas: allergy, audiology, cardiology, chemical dependency, chiropractic/manipulative therapy,dermatology,gastroenterology,general surgery,hospice,manipulative therapy,mental health,nephrology,neurology,obstetrics and gynecology, occupational medicine*, oncology/hematology, ophthalmology,optometry, orthopedics, otolaryngology(ear, nose and throat),physical therapy*, smoking cessation, speech/language and learning services*and urology. *Medicare patients need prior authorization for these specialists. Women's Health Care Direct Access Providers. Female Members may see a participating General and Family Practitioner,Physician's Assistant,Gynecologist, Certified Nurse Midwife, Licensed Midwife,Doctor of Osteopathy,Pediatrician, Obstetrician or Advanced Registered Nurse Practitioner who is contracted by GHC to provide women's health care services directly,without a Referral from their Personal Physician, for Medically Necessary maternity care, covered reproductive health services,preventive care(well care)and general examinations,gynecological care and follow-up visits for the above services. Women's health care services are covered as if the Member's Personal Physician had been consulted, subject to any applicable Cost Shares, as set forth in the Allowances Schedule. If the Member's women's health care provider diagnoses a condition that requires Referral to other specialists or hospitalization,the Member or her chosen provider must obtain preauthorization and care coordination in accordance with applicable GHC requirements. Second Opinions. The Member may access,upon request, a second opinion regarding a medical diagnosis or treatment plan from a GHC Provider. Emergent and Urgent Care. Emergent care is available at GHC Facilities. If Members cannot get to a GHC Facility,Members may obtain Emergency services from the nearest hospital. Members or persons assuming responsibility for a Member must notify GHC byway of the GHC Emergency Notification Line within twenty- four(24)hours of admission to a non-GHC Facility,or as soon thereafter as medically possible. Members may refer to Section IV. for more information about coverage of Emergency services. In the GHC Service Area,urgent care is covered at GHC medical centers, GHC urgent care clinics or GHC Provider's offices. Urgent care received at any hospital emergency department is not covered unless authorized in advance by a GHC Provider. Care received at urgent care facilities other than those listed above is only covered for emergency services, subject to the applicable Emergency Cost Share. Members may refer to Section IV. for more information about coverage of urgent care services. Outside the GHC Service Area,urgent care is covered at any medical facility. Members may refer to Section IV. for more information about coverage of urgent care services. Recommended Treatment. GHC's Medical Director or his/her designee will determine the necessity,nature and extent of treatment to be covered in each individual case and the judgment,made in good faith,will be final. Members have the right to participate in decisions regarding their health care. A Member may refuse any recommended treatment or diagnostic plan to the extent permitted by law. Members who obtain care not recommended by GHC,do so with the full understanding that GHC has no obligation for the cost, or liability for the outcome, of such care. Coverage decisions may be appealed as set forth in Section VI. Major Disaster or Epidemic.In the event of a major disaster or epidemic, GHC will provide coverage according to GHC's best judgment,within the limitations of available facilities and personnel. GHC has no liability for delay or failure to provide or arrange Covered Services to the extent facilities or personnel are unavailable due to a major disaster or epidemic. Unusual Circumstances.If the provision of Covered Services is delayed or rendered impossible due to unusual circumstances such as complete or partial destruction of facilities,military action, civil disorder, labor disputes or similar causes, GHC shall provide or arrange for services that, in the reasonable opinion of GHC's Medical Director,or his/her designee, are emergent or urgently needed. In regard to nonurgent and routine services, GHC shall make a good faith effort to provide services through its then-available facilities and personnel. GHC C31021-0036900 4 shall have the option to defer or reschedule services that are not urgent while its facilities and services are so affected. In no case shall GHC have any liability or obligation on account of delay or failure to provide or arrange such services. B. Cost Shares The Subscriber shall be liable for the following Cost Shares when services are received by the Subscriber and any of his/her Dependents. 1. Copayments. Members shall be required to pay Copayments at the time of service as set forth in the Allowances Schedule. Payment of a Copayment does not exclude the possibility of an additional billing if the service is determined to be a non-Covered Service. 2. Coinsurance.Members shall be required to pay coinsurance for certain Covered Services as set forth in the Allowances Schedule. 3. Out-of-Pocket Limit. Total Out-of-Pocket Expenses incurred during the same calendar year shall not exceed the Out-of-Pocket Limit set forth in the Allowances Schedule. Out-of-Pocket Expenses which apply toward the Out-of-Pocket Limit are set forth in the Allowances Schedule. C. Subscriber's Liability The Subscriber is liable for(1)payment to the Group of his/her contribution toward the monthly premium, if any, (2)payment of Cost Share amounts for Covered Services provided to the Subscriber and his/her Dependents, as set forth in the Allowances Schedule, and(3)payment of any fees charged for non-Covered Services provided to the Subscriber and his/her Dependents, at the time of service. Payment of an amount billed by GHC must be received within thirty(30)days of the billing date. D. Claims Claims for benefits may be made before or after services are obtained. To make a claim for benefits under the Agreement, a Member(or the Member's authorized representative)must contact GHC Customer Service, or submit a claim for reimbursement as described below. Other inquiries, such as asking a health care provider about care or coverage, or submitting a prescription to a pharmacy,will not be considered a claim for benefits. If a Member receives a bill for services the Member believes are covered under the Agreement,the Member must,within ninety(90)days of the date of service,or as soon thereafter as reasonably possible, either(1) contact GHC Customer Service to make a claim or(2)pay the bill and submit a claim for reimbursement of Covered Services to GHC,P.O. Box 34585, Seattle,WA 98124-1585. In no event, except in the absence of legal capacity,shall a claim be accepted later than one(1)year from the date of service. GHC will generally process claims for benefits within the following timeframes after GHC receives the claims: • Pre-service claims—within fifteen(15)days. • Claims involving urgently needed care—within seventy-two(72)hours. • Concurrent care claims—within twenty-four(24)hours. • Post-service claims—within thirty(30) days. Timeframes for pre-service and post-service claims can be extended by GHC for up to an additional fifteen(15) days. Members will be notified in writing of such extension prior to the expiration of the initial timeframe. C31021-0036900 5 Section IL Allowances Schedule The benefits described in this schedule are subject to all provisions, limitations and exclusions set forth in the Group Medical Coverage Agreement. "Welcome" Outpatient Services Waiver Not applicable. Annual Deductible No annual Deductible. Plan Coinsurance No Plan Coinsurance. Lifetime Maximum No Lifetime Maximum on covered Essential Health Benefits. Hospital Services • Covered inpatient medical and surgical services, including acute chemical withdrawal(detoxification) Covered in full. • Covered outpatient hospital surgery (including ambulatory surgical centers) Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment Outpatient Services • Covered outpatient medical and surgical services Covered subject to the lesser of GHC's charge or a$10 outpatient services Copayment per Member per visit • Allergy testing Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment • Oncology(radiation therapy,chemotherapy) Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment Drugs—Outpatient(including mental health drugs, contraceptive drugs and devices and diabetic supplies) • Prescription drugs,medicines, supplies and devices for a supply of thirty(30) days or less when listed in the GHC drug formulary Covered subject to the lesser of GHC's charge or a$10 Copayment • Over-the-counter drugs and medicines C31021-0036900 6 Not covered. • Injectables Injectables that can be self-administered are subject to the lesser of GHC's charge or the applicable prescription drug Cost Share(as set forth above). Other covered injectables are subject to the lesser of GHC's charge or the applicable outpatient services Cost Share. Injectables necessary for travel are not covered. • Mail order drugs and medicines dispensed through the GHC-designated mail order service Covered subject to the lesser of GHC's charge or the applicable prescription drug Cost Share(as set forth above) for each thirty(30)day supply or less. Out-of-Pocket Limit Limited to an aggregate maximum of$2,000 per Member or$4,000 per family per calendar year. Except as otherwise noted in this Allowances Schedule,the total Out-of-Pocket Expenses for the following Covered Services are included in the Out-of-Pocket Limit: • Inpatient services • Outpatient services • Emergency care at a GHC or non-GHC Facility • Ambulance services Acupuncture Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for Self-Referrals to a GHC Provider up to a maximum of eight(8)visits per Member per medical diagnosis per calendar year. When approved by GHC, additional visits are covered. Ambulance Services • Emergency ground/air transport Covered at 80%. • Non-emergent ground/air interfacility transfer Covered at 80%for GHC-initiated transfers, except hospital-to-hospital ground transfers covered in full. Chemical Dependency • Inpatient services(including Residential Treatment services) Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment. • Outpatient services Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment Acute detoxification covered as any other medical service. Dental Services(including accidental injury to natural teeth) C31021-0036900 7 Not covered,except as set forth in Section I V.B.23. Devices,Equipment and Supplies(for home use) Covered at 80%for: • Durable medical equipment • Orthopedic appliances • Post-mastectomy bras limited to two(2) every six(6)months • Ostomy supplies • Prosthetic devices When provided in a home health setting in lieu of hospitalization as described in Section I V.A.3.,benefits will be the greater of benefits available for devices, equipment and supplies,home health or hospitalization. See Hospice for durable medical equipment provided in a hospice setting. Diabetic Supplies Insulin,needles, syringes and lancets—see Drugs-Outpatient. External insulin pumps,blood glucose monitors, testing reagents and supplies- see Devices,Equipment and Supplies. Diagnostic Laboratory and Radiology Services Covered in full. Emergency Services • At a GHC Facility Covered subject to the lesser of GHC's charge or a$75 Copayment per Member per Emergency visit. Copayment is waived if the Member is admitted as an inpatient to the hospital directly from the emergency department. Emergency admissions are covered subject to the applicable inpatient services Cost Share. • At a non-GHC Facility Covered subject to the lesser of GHC's charge or a$125 Copayment per Member per Emergency visit. Copayment is waived if the Member is admitted as an inpatient to the hospital directly from the emergency department. Emergency admissions are covered subject to the applicable inpatient services Cost Share. Hearing Examinations and Hearing Aids • Hearing examinations to determine hearing loss Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment • Hearing aids, including hearing aid examinations Not covered. Home Health Services Covered in full.No visit limit. Hospice Services C31021-0036900 8 Covered in full. Inpatient respite care is covered for a maximum of five(5)consecutive days per occurrence. Infertility Services(including sterility) Not covered. Manipulative Therapy Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for Self-Referrals to a GHC Provider for manipulative therapy of the spine and extremities in accordance with GHC clinical criteria up to a maximum of ten(10)visits per Member per calendar year. Maternity and Pregnancy Services • Delivery and associated Hospital Care Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment. • Prenatal and postpartum care Routine care covered in full.Non-routine care covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment • Pregnancy termination Covered subject to the lesser of GHC's charge or the applicable Copayment for involuntary/voluntary termination of pregnancy. Mental Health Services • Inpatient services Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment at a GHC- approved mental health care facility. • Outpatient services Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment Naturopathy Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for Self-Referrals to a GHC Provider up to a maximum of three(3)visits per Member per medical diagnosis per calendar year. When approved by GHC, additional visits are covered. Nutritional Services • Phenylketonuria(PKt1 supplements Covered in full. • Enteral therapy(formula) C31021-0036900 9 Covered at 80%for elemental formulas.Necessary equipment and supplies are covered under Devices, Equipment and Supplies. • Parenteral therapy(total parenteral nutrition) Covered in full for parenteral formulas.Necessary equipment and supplies are covered under Devices, Equipment and Supplies. Obesity Related Services Covered subject to the lesser of GHC's charge or the applicable Copayment for bariatric surgery. Weight loss programs,medications and related physician visits for medication monitoring are not covered. On the Job Injuries or Illnesses Not covered, including injuries or illnesses incurred as a result of self-employment. Optical Services • Routine eye examinations Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment once every twelve(12)months. • Lenses, including contact lenses, and frames Not covered,except contact lens after cataract surgery is covered in full when in lieu of an intraocular lens. Organ Transplants Covered subject to the lesser of GHC's charge or the applicable Copayment. Plastic and Reconstructive Services(plastic surgery, cosmetic surgery) • Surgery to correct a congenital disease or anomaly, or conditions following an injury or resulting from surgery Covered subject to the lesser of GHC's charge or the applicable Copayment. • Cosmetic surgery, including complications resulting from cosmetic surgery Not covered. Pediatric Services • Medically Necessary foot care Covered subject to the lesser of GHC's charge or the applicable Copayment. • Foot care(routine) Not covered, except in the presence of a non-related Medical Condition affecting the lower limbs. Pre-Existing Condition C31021-0036900 10 Covered with no wait. Preventive Services(well adult and well child physicals, immunizations,pap smears,mammograms and prostate/colorectal cancer screening) Covered in full when in accordance with the well care schedule established by GHC and the Patient Protection and Affordable Care Act of 2010. Eye refractions are not included under preventive care.Physicals for travel, employment, insurance or license are not covered.Services provided during a preventive care visit which are not in accordance with the well care schedule may be subject to the lesser of GHC's charge or the applicable outpatient services Copayment. Rehabilitation Services • Inpatient physical, occupational and restorative speech therapy services combined, including services for neurodevelopmentally disabled children age six(6)and under Covered subject to the lesser of GHC's charge or the applicable inpatient services Copayment for up to sixty (60)days per calendar year. • Outpatient physical, occupational and restorative speech therapy services combined, including services for neurodevelopmentally disabled children age six(6)and under Covered subject to the lesser of GHC's charge or the applicable outpatient services Copayment for up to sixty (60)visits per calendar year. Sexual Dysfunction Services Not covered. Skilled Nursing Facility(SNF) Covered in full up to thirty(30) days per condition per Member per calendar year. Sterilization(vasectomy,tubal ligation) Covered subject to the lesser of GHC's charge or the applicable Copayment. Temporomandibular Joint(TMJ)Services • Inpatient and outpatient TMJ services Covered subject to the lesser of GHC's charge or the applicable Copayment up to$1,000 maximum per Member per calendar year. • Lifetime benefit maximum Covered up to$5,000 per Member. Tobacco Cessation • Individual/group sessions received through the GHC-designated tobacco cessation program Covered in full. C31021-0036900 11 • Approved pharmacy products Covered in full when prescribed as part of the GHC-designated tobacco cessation program and dispensed through the GHC-designated mail order service. Section III. Eligibility, Enrollment and Termination A. Eligibility In order to be accepted for enrollment and continuing coverage under the Agreement, individuals must meet any eligibility requirements imposed by the Group,reside or work in the Service Area and meet all applicable requirements set forth below, except for temporary residency outside the Service Area for purposes of attending school,court-ordered coverage for Dependents or other unique family arrangements,when approved in advance by GHC. GHC has the right to verify eligibility. 1. Subscribers.Elected officials and council members shall be eligible for enrollment. LEOFF I employees are not eligible for enrollment. Bona fide employees and LEOFF II employees who have been continuously employed on a regularly scheduled basis of not less than twenty-one (21)hours per week shall be eligible for enrollment. Jobshare employees who have been continuously employed on a regularly scheduled basis of not less than twenty(20)hours per week shall be eligible for enrollment 2. Dependents. The Subscriber may also enroll the following: a. The Subscriber's legal spouse, including state-registered domestic partners as required by Washington state law, b. The Subscriber's domestic partner,other than a state-registered domestic partner,provided that the Subscriber and domestic partner: i. Share the same regular and permanent residence, ii. Have a close personal relationship, iii. Are jointly responsible for"basic living expenses"as defined by the Group, iv. Are not married to anyone, v. Are each eighteen(18)years of age or older, vi. Are not related by blood closer than would bar marriage in the State of Washington, vii. Were mentally competent to consent to contract when the domestic partnership began, and viii.Are each other's sole domestic partner and are responsible for each other's common welfare. Following termination of a domestic partnership a statement of termination must be filed with the Group. Application for another domestic partnership cannot be filed for ninety(90) days following a filing of the statement of termination of domestic partnership with the Group,unless such termination is due to the death of the domestic partner. c. Dependent children who are under the age of twenty-six(26). "Children" means the children of the Subscriber or spouse, including adopted children, stepchildren, children of a domestic partner, children for whom the Subscriber has a qualified court order to provide coverage, and any other children for whom the Subscriber is the legal guardian. Eligibility may be extended past the Dependents limiting age as set forth above if the Dependent is totally incapable of self-sustaining employment because of a developmental or physical disability incurred prior to attainment of the limiting age set forth above, and is chiefly dependent upon the C31021-0036900 12 Subscriber for support and maintenance. Enrollment for such a Dependent may be continued for the duration of the continuous total incapacity,provided enrollment does not terminate for any other reason. Medical proof of incapacity and proof of financial dependency must be furnished to GHC upon request,but not more frequently than annually after the two(2)year period following the Dependent's attainment of the limiting age. 3. Temporary Coverage for Newborns. When a Member gives birth,the newborn will be entitled to the benefits set forth in Section IV. from birth through three(3)weeks of age. After three(3)weeks of age,no benefits are available unless the newborn child qualifies as a Dependent and is enrolled under the Agreement. All contract provisions, limitations and exclusions will apply except Section III.F. and III.G. B. Enrollment 1. Application for Enrollment.Application for enrollment must be made on an application approved by GHC. Applicants will not be enrolled or premiums accepted until the completed application has been approved by GHC. The Group is responsible for submitting completed applications to GHC. GHC reserves the right to refuse enrollment to any person whose coverage under any Medical Coverage Agreement issued by Group Health Cooperative or Group Health Options,Inc. has been terminated for cause, as set forth in Section III.E. below. a. Newly Eligible Persons.Newly eligible Subscribers and their Dependents may apply for enrollment in writing to the Group within thirty-one (3 1)days of becoming eligible. b. New Dependents. A written application for enrollment of a newly dependent person, other than a newborn or adopted child,must be made to the Group within thirty-one(3 1)days after the dependency occurs. A written application for enrollment of a newborn child must be made to the Group within sixty(60) days following the date of birth,when there is a change in the monthly premium payment as a result of the additional Dependent A written application for enrollment of an adoptive child must be made to the Group within sixty(60) days from the day the child is placed with the Subscriber for the purpose of adoption and the Subscriber assumes total or partial financial support of the child, if there is a change in the monthly premium payment as a result of the additional Dependent. When there is no change in the monthly premium payment, it is strongly advised that the Subscriber enroll the newborn or newly adoptive child as a Dependent with the Group to avoid delays in the payment of claims. c. Open Enrollment. GHC will allow enrollment of Subscribers and Dependents,who did not enroll when newly eligible as described above,during a limited period of time specified by the Group and GHC. d. Special Enrollment 1) GHC will allow special enrollment for persons: a) who initially declined enrollment when otherwise eligible because such persons had other health care coverage and have had such other coverage terminated due to one of the following events: • cessation of employer contributions, • exhaustion of COBRA continuation coverage, • loss of eligibility,except for loss of eligibility for cause,or b) who have had such other coverage exhausted because such person reached a Lifetime Maximum limit. GHC or the Group may require confirmation that when initially offered coverage such persons submitted a written statement declining because of other coverage. Application for coverage under the Agreement must be made within thirty-one(3 1)days of the termination of previous coverage. C31021-0036900 13 2) GHC will allow special enrollment for individuals who are eligible to be a Subscriber,his/her spouse and his/her Dependents in the event one of the following occurs: • marriage. Application for coverage under the Agreement must be made within thirty-one(31) days of the date of marriage. • birth. Application for coverage under the Agreement for the Subscriber and Dependents other than the newborn child must be made within sixty(60)days of the date of birth. • adoption or placement for adoption. Application for coverage under the Agreement for the Subscriber and Dependents other than the adopted child must be made within sixty(60)days of the adoption or placement for adoption. • eligibility for medical assistance: provided such person is otherwise eligible for coverage under this Agreement,when approved and requested in advance by the Department of Social and Health Services(DSHS). • applicable federal or state law or regulation otherwise provides for special enrollment. 2. Limitation on Enrollment. The Agreement will be open for applications for enrollment as set forth in this Section III.B. Subject to prior approval by the Washington State Office of the Insurance Commissioner, GHC may limit enrollment, establish quotas or set priorities for acceptance of new applications if it determines that GHC's capacity, in relation to its total enrollment,is not adequate to provide services to additional persons. C. Effective Date of Enrollment 1. Provided eligibility criteria are met and applications for enrollment are made as set forth in Sections III.A. and III.B. above, enrollment will be effective as follows: • Enrollment for a newly eligible Subscriber and listed Dependents is effective on the date of hire provided the Subscriber's application has been submitted to and approved by GHC. • Enrollment for Subscribers who return to work from a leave without pay status within ninety(90)days are effective first(1'�of the month following the date of return to work. • Enrollment for a newly dependent person, other than a newborn or adoptive child, is effective on the first(1 st)of the month following application. • Enrollment for newborns is effective from the date of birth. • Enrollment for adoptive children is effective from the date that the adoptive child is placed with the Subscriber for the purpose of adoption and the Subscriber assumes total or partial financial support of the child. 2. Commencement of Benefits for Persons Hospitalized on Effective Date.Members who are admitted to an inpatient facility prior to their enrollment under the Agreement, and who do not have coverage under another agreement,will receive covered benefits beginning on their effective date,as set forth in subsection C.I. above.If a Member is hospitalized in a non-GHC Facility, GHC reserves the right to require transfer of the Member to a GHC Facility. The Member will be transferred when a GHC Provider, in consultation with the attending physician, determines that the Member is medically stable to do so. If the Member refuses to transfer to a GHC Facility, all further costs incurred during the hospitalization are the responsibility of the Member. D. Eligibility for Medicare An individual shall be deemed eligible for Medicare when he/she has the option to receive Part A Medicare benefits. Medicare Secondary Payer regulations and guidelines will determine primary/secondary payer status for individuals covered by Medicare. Actively Employed Members and Spouses.The Group is responsible for providing the Member with necessary information regarding Tax Equity and Fiscal Responsibility Act of1982(TEFRA)eligibility and the selection process, if applicable.A Member who is eligible for Medicare has the option of maintaining both Medicare Parts A and B while continuing coverage under this Agreement. Coverage between this Agreement and Medicare will be coordinated as outlined in Section HI.A. Not Actively Employed Members. If a Member who is not actively employed is eligible for Medicare based on age,he/she must enroll in and maintain both Medicare Parts A and B coverage and enroll in the GHC Medicare C31021-0036900 14 Advantage Plan if available. Failure to do so upon the effective date of Medicare eligibility will result in termination of coverage under this Agreement. All applicable provisions of the GHC Medicare Advantage Plan are fully set forth in the Medicare Endorsement(s) attached to the Agreement(if applicable). E. Termination of Coverage 1. Termination of Specific Members.Individual Member coverage maybe terminated for any of the following reasons: a. Loss of Eligibility. If a Member no longer meets the eligibility requirements set forth in Section III., and is not enrolled for continuation coverage as described in Section III.G.below, coverage under the Agreement will terminate at the end of the month during which the loss of eligibility occurs,unless otherwise specified by the Group. b. For Cause.Coverage of a Member may be terminated upon ten(10)working days written notice for: i. Material misrepresentation,fraud or omission of information in order to obtain coverage. ii. Permitting the use of a GHC identification card or number by another person, or using another Member's identification card or number to obtain care to which a person is not entitled. In the event of termination for cause, GHC reserves the right to pursue all civil remedies allowable under federal and state law for the collection of claims, losses or other damages. c. Premium Payments.Nonpayment of premiums or contribution for a specific Member by the Group. Individual Member coverage may be retroactively terminated upon thirty (30) days written notice and only in the case of fraud or intentional misrepresentation of a material fact; or as otherwise allowed under applicable law or regulation. Notwithstanding the foregoing, GHC reserves the right to retroactively terminate coverage for nonpayment ofpremiums or contributions by the Group,as described under subsection c. above. In no event will a Member be terminated solely on the basis of their physical or mental condition provided they meet all other eligibility requirements set forth in the Agreement. Any Member may appeal a termination decision through GHC's grievance process as set forth in Section Vi. 2. Certificate of Creditable Coverage. Unless the Group has chosen to accept this responsibility, a certificate of creditable coverage (which provides information regarding the Member's length of coverage under the Agreement)will be issued automatically upon termination of coverage, and may also be obtained upon request. F. Services After Termination of Agreement 1. Members Hospitalized on the Date of Termination.A Member who is receiving Covered Services as a registered bed patient in a hospital on the date of termination shall continue to be eligible for Covered Services while an inpatient for the condition which the Member was hospitalized,until one of the following events occurs: • According to GHC clinical criteria, it is no longer Medically Necessary for the Member to be an inpatient at the facility. • The remaining benefits available under the Agreement for the hospitalization are exhausted,regardless of whether a new calendar year begins. • The Member becomes covered under another agreement with a group health plan that provides benefits for the hospitalization. • The Member becomes enrolled under an agreement with another carrier that would provide benefits for the hospitalization if the Agreement did not exist. C31021-0036900 15 This provision will not apply if the Member is covered under another agreement that provides benefits for the hospitalization at the time coverage would terminate,except as set forth in this section,or if the Member is eligible for COBRA continuation coverage as set forth in subsection G. below. 2. Services Provided After Termination. The Subscriber shall be liable for payment of all charges for services and items provided to the Subscriber and all Dependents after the effective date of termination, except those services covered under subsection F.1. above. Any services provided by GHC will be charged according to the Fee Schedule. G. Continuation of Coverage Options 1. Continuation Option. A Member no longer eligible for coverage under the Agreement(except in the event of termination for cause, as set forth in Section III.E.)may continue coverage for a period of up to three(3)months subject to notification to and self-payment of premiums to the Group. This provision will not apply if the Member is eligible for the continuation coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). This continuation option is not available if the Group no longer has active employees or otherwise terminates. 2. Leave of Absence. While on a Group approved leave of absence,the Subscriber and listed Dependents can continue to be covered under the Agreement provided: • They remain eligible for coverage, as set forth in Section III.A., • Such leave is in compliance with the Group's established leave of absence policy that is consistently applied to all employees, • The Group's leave of absence policy is in compliance with the Family and Medical Leave Act when applicable, and • The Group continues to remit premiums for the Subscriber and Dependents to GHC. 3. Self-Payments During Labor Disputes. In the event of suspension or termination of employee compensation due to a strike, lock-out or other labor dispute, a Subscriber may continue uninterrupted coverage under the Agreement through payment of monthly premiums directly to the Group. Coverage may be continued for the lesser of the term of the strike, lock-out or other labor dispute,or for six(6)months after the cessation of work. If the Agreement is no longer available,the Subscriber shall have the opportunity to apply for an individual GHC Group Conversion Plan or, if applicable, continuation coverage(see subsection 4. below), or an Individual and Family Medical Coverage Agreement at the duly approved rates. The Group is responsible for immediately notifying each affected Subscriber of his/her rights of self- payment under this provision. 4. Continuation Coverage Under Federal Law. This section applies only to Groups who must offer continuation coverage under the applicable provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended, and only applies to grant continuation of coverage rights to the extent required by federal law. Upon loss of eligibility, continuation of Group coverage may be available to a Member for a limited time after the Member would otherwise lose eligibility, if required by COBRA. The Group shall inform Members of the COBRA election process and how much the Member will be required to pay directly to the Group. Continuation coverage under COBRA will terminate when a Member becomes covered by Medicare or obtains other group coverage, and as set forth under Section III.El.b. and c. 5. GHC Group Conversion Plan. Members whose eligibility for coverage under the Agreement, including continuation coverage, is terminated for any reason other than cause, as set forth in Section III.E.l.b.,and who are not eligible for Medicare or covered by another group health plan,may convert to GHC's Group C31021-0036900 16 Conversion Plan. If the Agreement terminates, any Member covered under the Agreement at termination may convert to a GHC Group Conversion Plan,unless he/she is eligible to obtain other group health coverage within thirty-one (31)days of the termination of the Agreement. An application for conversion must be made within thirty-one (31)days following termination of coverage under the Agreement or within thirty-one(31) days from the date notice of the termination of coverage is received, whichever is later. Coverage under GHC's Group Conversion Plan is subject to all terms and conditions of such plan, including premium payments. A physical examination or statement of health is not required for enrollment in GHC's Group Conversion Plan. The Pre-Existing Condition limitation under GHC's Group Conversion Plan will apply only to the extent that the limitation remains unfulfilled under the Agreement By exercising Group Conversion rights,the Member may waive guaranteed issue and Pre-Existing Condition waiver rights under Federal regulations. Persons wishing to purchase GHC's Individual and Family coverage should contact GHC Marketing. Section IV. Schedule of Benefits Benefits are subject to all provisions of the Group Medical Coverage Agreement,including,without limitation,the Accessing Care provisions and General Exclusions. Members must refer to Section II.,the Allowances Schedule,for Cost Shares and specific benefit limits that apply to benefits listed in this Schedule of Benefits. Members are entitled to receive only benefits and services that are Medically Necessary and clinically appropriate for the treatment of a Medical Condition as determined by GHC's Medical Director,or his/her designee,and as described herein. All Covered Services are subject to case management and utilization review at the discretion of GHC. A. Hospital Care Hospital coverage is limited to the following services: 1. Room and board, including private room when prescribed,and general nursing services. 2. Hospital services(including use of operating room, anesthesia, oxygen,x-ray, laboratory and radiotherapy services). 3. Alternative care arrangements may be covered as a cost-effective alternative in lieu of otherwise covered Medically Necessary hospitalization, or other covered Medically Necessary institutional care. Alternative care arrangements in lieu of covered hospital or other institutional care must be determined to be appropriate and Medically Necessary based upon the Member's Medical Condition. Coverage must be authorized in advance by GHC as appropriate and Medically Necessary. Such care will be covered to the same extent the replaced Hospital Care is covered under the Agreement. 4. Drugs and medications administered during confinement. 5. Special duty nursing,when prescribed as Medically Necessary. If a Member is hospitalized in a non-GHC Facility, GHC reserves the right to require transfer of the Member to a GHC Facility,upon consultation between a GHC Provider and the attending physician. If the Member refuses to transfer, all further costs incurred during the hospitalization are the responsibility of the Member. B. Medical and Surgical Care Medical and surgical coverage is limited to the following: 1. Surgical services. 2. Diagnostic x-ray,nuclear medicine,ultrasound and laboratory services. C31021-0036900 17 3. Family planning counseling services. 4. Hearing examinations to determine hearing loss. 5. Blood and blood derivatives and their administration. 6. Preventive care (well care)services for health maintenance in accordance with the well care schedule established by GHC and the Patient Protection and Affordable Care Act of 2010. Preventive care includes:routine mammography screening,physical examinations and routine laboratory tests for cancer screening in accordance with the well care schedule established by GHC,and immunizations and vaccinations listed as covered in the GHC drug formulary(approved drug list). A fee may be charged for health education programs. The well care schedule is available in GHC clinics,by accessing GHC's website at www.ghe.org, or upon request. Covered Services provided during a preventive care visit,which are not in accordance with the GHC well care schedule,may be subject to Cost Shares. 7. Radiation therapy services. 8. Reduction of a fracture or dislocation of the jaw or facial bones, excision of tumors or non-dental cysts of the jaw, cheeks, lips,tongue,gums,roof and floor of the mouth,and incision of salivary glands and ducts. 9. Medical implants. Excluded: internally implanted insulin pumps, artificial hearts, artificial larynx and any other implantable device that has not been approved by GHC's Medical Director, or his/her designee. 10. Respiratory therapy. 11. Outpatient total parenteral nutritional therapy, outpatient elemental formulas for malabsorption; and dietary formula for the treatment of phenylketonuria(PKU). Coverage for PKU formula is not subject to a Pre- Existing Condition waiting period, if applicable. Equipment and supplies for the administration of enteral and parenteral therapy are covered under Devices, Equipment and Supplies. Excluded: any other dietary formulas, oral nutritional supplements, special diets,prepared foods/meals and formula for access problems. 12. Visits with GHC Providers, including consultations and second opinions, in the hospital or provider's office. 13. Optical services. Routine eye examinations and refractions received at a GHC Facility once every twelve(12)months, except when Medically Necessary. When dispensed through GHC Facilities, one contact lens per diseased eye in lieu of an intraocular lens, including exam and fitting, is covered for Members following cataract surgery performed by a GHC Provider,provided the Member has been continuously covered by GHC since such surgery. Replacement of a covered contact lens will be covered only when needed due to a change in the Member's Medical Condition,but no more than once in a twelve(12)month period. Excluded: evaluations and surgical procedures to correct refractions not related to eye pathology and complications related to such procedures, and contact lens fittings and related examinations, except as set forth above. 14. Maternity care,including care for complications of pregnancy and prenatal and postpartum visits. C31021-0036900 18 Prenatal testing for the detection of congenital and heritable disorders when Medically Necessary as determined by GHC's Medical Director,or his/her designee, and in accordance with Board of Health standards for screening and diagnostic tests during pregnancy. Hospitalization and delivery, including home births for low risk pregnancies. Voluntary(not medically indicated and nontherapeutic) or involuntary termination of pregnancy. The Member's physician, in consultation with the Member,will determine the Member's length of inpatient stay following delivery. Pregnancy will not be excluded as a Pre-Existing Condition under the Agreement. Treatment for post-partum depression or psychosis is covered only under the mental health benefit. Excluded: birthing tubs and genetic testing of non-Members for the detection of congenital and heritable disorders. 15. Transplant services, including heart,heart-lung, single lung, double lung,kidney,pancreas, cornea, intestinal/multi-visceral,bone marrow,liver transplants and stem cell support(obtained from allogeneic or autologous peripheral blood or marrow)with associated high dose chemotherapy. Covered Services must be directly associated with, and occur at the time of,the transplant. Services are limited to the following: a. Evaluation testing to determine recipient candidacy, b. Matching tests, c. Inpatient and outpatient medical expenses listed below for transplantation procedures: • Hospital charges, • Procurement center fees, • Professional fees, • Travel costs for a surgical team, and • Excision fees Donor costs for a covered organ recipient are limited to procurement center fees,travel costs for a surgical team and excision fees. d. Follow-up services for specialty visits, e. Rehospitalization, and I. Maintenance medications. Excluded: donor costs to the extent that they are reimbursable by the organ donor's insurance,treatment of donor complications,living expenses and transportation expenses, except as set forth under Section IV.M. 16. Manipulative therapy. Self-Referrals for manipulative therapy of the spine and extremities are covered as set forth in the Allowances Schedule when provided by GHC Providers. Excluded: supportive care rendered primarily to maintain the level of correction already achieved, care rendered primarily for the convenience of the Member, care rendered on a non-acute,asymptomatic basis and charges for any other services that do not meet GHC clinical criteria as Medically Necessary. 17. Medical and surgical services and related hospital charges,including orthognathic(jaw)surgery, for the treatment of temporomandibular joint(TMJ) disorders. Such disorders may exhibit themselves in the form of pain, infection, disease, difficulty in speaking or difficulty in chewing or swallowing food. TMJ appliances are covered as set forth under Section IV.H.1., Orthopedic Appliances. Orthognathic(jaw)surgery for the treatment of TMJ disorders,radiology services and TMJ specialist services, including fitting/adjustment of splints are subject to the benefit limit set forth in the Allowances Schedule. C31021-0036900 19 Excluded are the following: orthognathic(jaw) surgery in the absence of a TMJ or severe obstructive sleep apnea diagnosis except for congenital anomalies,treatment for cosmetic purposes,dental services, including orthodontic therapy and any hospitalizations related to these exclusions. 18. Diabetic training and education. 19. Detoxification services for alcoholism and drug abuse. For the purposes of this section, "acute chemical withdrawal" means withdrawal of alcohol and/or drugs from a Member for whom consequences of abstinence are so severe that they require medical/nursing assistance in a hospital setting,which is needed immediately to prevent serious impairment to the Member's health. Coverage for acute chemical withdrawal is provided without prior approval. If a Member is hospitalized in a non-GHC Facility/program, coverage is subject to payment of the Emergency care Cost Share. The Member or person assuming responsibility for the Member must notify GHC by way of the GHC Notification Line within twenty-four(24)hours following inpatient admission, or as soon thereafter as medically possible. Furthermore, if a Member is hospitalized in a non-GHC Facility/program, GHC reserves the right to require transfer of the Member to a GHC Facility/program upon consultation between a GHC Provider and the attending physician. If the Member refuses transfer to a GHC Facility/program, all further costs incurred during the hospitalization are the responsibility of the Member. 20. Circumcision. 21. Bariatric surgery and related hospitalizations when GHC criteria are met. Excluded: pre and post surgical nutritional counseling and related weight loss programs,prescribing and monitoring of drugs, structured weight loss and/or exercise programs and specialized nutritional counseling. 22. Sterilization procedures. 23. General anesthesia services and related facility charges for dental procedures will be covered for Members who are under seven(7)years of age, or are physically or developmentally disabled or have a Medical Condition where the Member's health would be put at risk if the dental procedure were performed in a dentist's office. Such services must be authorized in advance by GHC and performed at a GHC hospital or ambulatory surgical facility. Excluded: dentist's or oral surgeon's fees. 24. Self-Referrals to GHC for covered acupuncture and naturopathy, as set forth in the Allowances Schedule. Additional visits are covered when approved by GHC. Laboratory and radiology services are covered only when obtained through a GHC Facility. Excluded: herbal supplements,preventive care visits for acupuncture and any services not within the scope of the practitioner's licensure. 25. Once Pre-Existing Condition wait periods, if any,have been met,Pre-Existing Conditions are covered in the same manner as any other illness. 26. Injections administered by a professional in a clinical setting. C. Chemical Dependency Treatment. Chemical dependency means an illness characterized by a physiological or psychological dependency, or both, on a controlled substance and/or alcoholic beverages, and where the user's health is substantially impaired or endangered or his/her social or economic function is substantially disrupted. C31021-0036900 20 For the purposes of this section,the definition of Medically Necessary shall be expanded to include those services necessary to treat a chemical dependency condition that is having a clinically significant impact on a Member's emotional, social,medical and/or occupational functioning. Chemical dependency treatment services are covered as set forth in the Allowances Schedule at a GHC Facility or GHC-approved treatment program. All alcoholism and/or drug abuse treatment services must be: (a)provided at a facility as described above;and (b)deemed Medically Necessary as defined above. Chemical dependency treatment may include the following services received on an inpatient or outpatient basis: inpatient Residential Treatment services,diagnostic evaluation and education, organized individual and group counseling and/or prescription drugs and medicines. Court-ordered treatment shall be covered only if determined to be Medically Necessary as defined above. D. Plastic and Reconstructive Services.Plastic and reconstructive services are covered as set forth below: 1. Correction of a congenital disease or congenital anomaly, as determined by a GHC Provider. A congenital anomaly will be considered to exist if the Member's appearance resulting from such condition is not within the range of normal human variation. 2. Correction of a Medical Condition following an injury or resulting from surgery covered by GHC which has produced a major effect on the Member's appearance,when in the opinion of a GHC Provider, such services can reasonably be expected to correct the condition. 3. Reconstructive surgery and associated procedures, including internal breast prostheses, following a mastectomy,regardless of when the mastectomy was performed. Members will be covered for all stages of reconstruction on the non-diseased breast to make it equivalent in size with the diseased breast. Complications of covered mastectomy services, including lymphedemas, are covered. Excluded: complications of noncovered surgical services. E. Home Health Care Services. Home health care services, as set forth in this section, shall be covered when provided by and referred in advance by a GHC Provider for Members who meet the following criteria: 1. The Member is unable to leave home due to his/her health problem or illness. Unwillingness to travel and/or arrange for transportation does not constitute inability to leave the home. 2. The Member requires intermittent skilled home health care services, as described below. 3. A GHC Provider has determined that such services are Medically Necessary and are most appropriately rendered in the Member's home. For the purposes of this section, "skilled home health care"means reasonable and necessary care for the treatment of an illness or injury which requires the skill of a nurse or therapist,based on the complexity of the service and the condition of the patient and which is performed directly by an appropriately licensed professional provider. Covered Services for home health care may include the following when rendered pursuant to an approved home health care plan of treatment: nursing care,physical therapy, occupational therapy,respiratory therapy, restorative speech therapy, durable medical equipment and medical social worker and limited home health aide services. Home health services are covered on an intermittent basis in the Member's home. "Intermittent" means care that is to be rendered because of a medically predictable recurring need for skilled home health care services. Excluded: custodial care and maintenance care,private duty or continuous nursing care in the Member's home, housekeeping or meal services, care in any nursing home or convalescent facility, any care provided by or for a C31021-0036900 21 member of the patients family and any other services rendered in the home which do not meet the definition of skilled home health care above or are not specifically listed as covered under the Agreement. F. Hospice Care. Hospice care is covered in lieu of curative treatment for terminal illness for Members who meet all of the following criteria: • A GHC Provider has determined that the Member's illness is terminal and life expectancy is six(6)months or less. • The Member has chosen a palliative treatment focus(emphasizing comfort and supportive services rather than treatment aimed at curing the Member's terminal illness). • The Member has elected in writing to receive hospice care through GHC's Hospice Program or GHC's approved hospice program. • The Member has available a primary care person who will be responsible for the Member's home care. • A GHC Provider and GHC's Hospice Director, or his/her designee,have determined that the Member's illness can be appropriately managed in the home. Hospice care shall mean a coordinated program of palliative and supportive care for dying Members by an interdisciplinary team of professionals and volunteers centering primarily in the Member's home. 1. Covered Services. Care may include the following as prescribed by a GHC Provider and rendered pursuant to an approved hospice plan of treatment: a. Home Services i. Intermittent care by a hospice interdisciplinary team which may include services by a physician, nurse,medical social worker,physical therapist, speech therapist, occupational therapist, respiratory therapist, limited services by a Home Health Aide under the supervision of a Registered Nurse and homemaker services. ii. Continuous care services in the Member's home when prescribed by a GHC Provider, as set forth in this paragraph. "Continuous care"means skilled nursing care provided in the home during a period of crisis in order to maintain the terminally ill Member at home. Continuous care may be provided for pain or symptom management by a Registered Nurse,Licensed Practical Nurse or Home Health Aide under the supervision of a Registered Nurse. Continuous care is covered up to twenty-four(24)hours per day during periods of crisis. Continuous care is covered only when a GHC Provider determines that the Member would otherwise require hospitalization in an acute care facility. b. Inpatient Hospice Services. For short-term care, inpatient hospice services shall be covered in a facility designated by GHC's Hospice Program or GHC-approved hospice program when authorized in advance by a GHC Provider and GHC's Hospice Program or GHC-approved hospice program. Inpatient respite care is covered for a maximum of five(5)consecutive days per occurrence in order to continue care for the Member in the temporary absence of the Member's primary care giver(s). c. Other covered hospice services may include the following: i. Drugs and biologicals that are used primarily for the relief of pain and symptom management. ii. Medical appliances and supplies primarily for the relief of pain and symptom management. iii. Durable medical equipment. iv. Counseling services for the Member and his/her primary care-giver(s). v. Bereavement counseling services for the family. 2. Hospice Exclusions. All services not specifically listed as covered in this section are excluded, including: a. Financial or legal counseling services. b. Meal services. c. Custodial or maintenance care in the home or on an inpatient basis, except as provided above. d. Services not specifically listed as covered by the Agreement. e. Any services provided by members of the patient's family. C31021-0036900 22 All other exclusions listed in Section V., General Exclusions, apply. G. Rehabilitation Services. 1. Rehabilitation services are covered as set forth in this section, limited to the following:physical therapy, occupational therapy;massage therapy and speech therapy to restore function following illness, injury or surgery. Services are subject to all terms, conditions and limitations of the Agreement, including the following: a. All services must be provided at a GHC or GHC-approved rehabilitation facility and require a prescription from a GHC physician and must be provided by a GHC-approved rehabilitation team that may include medical,nursing,physical therapy, occupational therapy,massage therapy and speech therapy providers. b. Services are limited to those necessary to restore or improve functional abilities when physical, sensori-perceptual and/or communication impairment exists due to injury, illness or surgery. Such services are provided only when GHC's Medical Director, or his/her designee, determines that significant,measurable improvement to the Member's condition can be expected within a sixty(60) day period as a consequence of intervention by covered therapy services described in paragraph a., above. a Coverage for inpatient and outpatient services is limited to the Allowance set forth in the Allowances Schedule. Excluded: inpatient Residential Treatment services,specialty rehabilitation programs not provided by GHC;long-term rehabilitation programs,physical therapy, occupational therapy and speech therapy services when such services are available(whether application is made or not)through programs offered by public school districts,therapy for degenerative or static conditions when the expected outcome is primarily to maintain the Member's level of functioning(except as set forth in subsection 2. below), recreational, life-enhancing,relaxation or palliative therapy,implementation of home maintenance programs;programs for treatment of learning problems,any services not specifically included as covered in this section,and any services that are excluded under Section V. 2. Neurodevelopmental Therapies for Children Age Six(6)and Under. Physical therapy, occupational therapy and speech therapy services for the restoration and improvement of function for neurodevelopmentally disabled children age six(6)and under shall be covered. Coverage includes maintenance of a covered Member in cases where significant deterioration in the Member's condition would result without the services. Coverage for inpatient and outpatient services is limited to the Allowance set forth in the Allowances Schedule. Excluded: inpatient Residential Treatment services,specialty rehabilitation programs not provided by GHC;long-term rehabilitation programs,physical therapy, occupational therapy and speech therapy services when such services are available(whether application is made or not)through programs offered by public school districts;recreational, life-enhancing,relaxation or palliative therapy, implementation of home maintenance programs,programs for treatment of learning problems, any services not specifically included as covered in this section,and any services that are excluded under Section V. H. Devices,Equipment and Supplies. Devices, equipment and supplies,which restore or replace functions that are common and necessary to perform basic activities of daily living,are covered as set forth in the Allowances Schedule. Examples of basic activities of daily living are dressing and feeding oneself,maintaining personal hygiene, lifting and gripping in order to prepare meals and carrying groceries. 1. Orthopedic Appliances. Orthopedic appliances,which are attached to an impaired body segment for the purpose of protecting the segment or assisting in restoration or improvement of its function. C31021-0036900 23 Excluded: arch supports, including custom shoe modifications or inserts and their fittings except for therapeutic shoes,modifications and shoe inserts for severe diabetic foot disease,and orthopedic shoes that are not attached to an appliance. 2. Ostomy Supplies.Ostomy supplies for the removal of bodily secretions or waste through an artificial opening. 3. Durable Medical Equipment. Durable medical equipment is equipment which can withstand repeated use, is primarily and customarily used to serve a medical purpose, is useful only in the presence of an illness or injury and used in the Member's home. Durable medical equipment includes: hospital beds, wheelchairs,walkers, crutches, canes,glucose monitors, external insulin pumps, oxygen and oxygen equipment. GHC, in its sole discretion,will determine if equipment is made available on a rental or purchase basis. 4. Prosthetic Devices. Prosthetic devices are items which replace all or part of an external body part, or function thereof. When authorized in advance,repair, adjustment or replacement of appliances and equipment is covered. Excluded: items which are not necessary to restore or replace functions of basic activities of daily living, and replacement or repair of appliances, devices and supplies due to loss,breakage from willful damage,neglect or wrongful use,or due to personal preference. I. Tobacco Cessation.When provided through GHC, services related to tobacco cessation are covered, limited to: 1. participation in an individual or group program, 2. educational materials,and 3. approved pharmacy products provided the Member is actively participating in a GHC-designated tobacco cessation program. J. Drugs,Medicines,Supplies and Devices. This benefit, for purposes of creditable coverage, is actuarially equal to or greater than the Medicare Part D prescription drug benefit. Eligible Members who are also eligible for Medicare Part D pharmacy benefits can remain covered under the Agreement and not be subject to Medicare-imposed late enrollment penalties should they decide to enroll in a Medicare Part D pharmacy plan at a later date. The Agreement may include Medicare Part D pharmacy benefits as part of the GHC Medicare Advantage Plan required for Medicare eligible Members who live in the GHC Medicare Advantage Service Area. See Section III.D. for more information. A Member who discontinues coverage under the Agreement must meet eligibility requirements in order to re-enroll. Legend medications are drugs which have been approved by the Food and Drug Administration(FDA)and which can,under federal or state law,be dispensed only pursuant to a prescription order. These drugs, including off-label use of FDA-approved drugs(provided that such use is documented to be effective in one of the standard reference compendia, a majority of well-designed clinical trials published in peer-reviewed medical literature document improved efficacy or safety of the agent over standard therapies, or over placebo if no standard therapies exist; or by the federal secretary of Health and Human Services), contraceptive drugs and devices, diabetic supplies, including insulin syringes, lancets,urine-testing reagents,blood-glucose monitoring reagents and insulin, are covered as set forth below. All drugs, supplies,medicines and devices must be prescribed by a GHC Provider for conditions covered by the Agreement, obtained at a GHC-designated pharmacy and,unless approved by GHC in advance,be listed in the GHC drug formulary. The prescription drug Cost Share,as set forth in the Allowances Schedule, applies to each thirty(30)day supply. Cost Shares for single and multiple thirty (30) day supplies of a given prescription are payable at the time of delivery. Injectables that can be self-administered are also subject to the prescription drug Cost Share. Drug formulary(approved drug list)is defined as a list of preferred pharmaceutical products, supplies and devices developed and maintained by GHC. A limited supply of prescription drugs obtained at a non-GHC pharmacy is covered when dispensed or prescribed in connection with covered Emergency treatment. C31021-0036900 24 Generic drugs will be dispensed whenever available. Brand name drugs will be dispensed if there is not a generic equivalent. In the event the Member elects to purchase brand-name drugs instead of the generic equivalent(if available), or if the Member elects to purchase a different brand-name or generic drug than that prescribed by the Member's Provider,and it is not determined to be Medically Necessary,the Member will also be subject to payment of the additional amount above the applicable pharmacy Cost Share set forth in the Allowances Schedule. A generic drug is defined as a drug that is the pharmaceutical equivalent to one or more brand name drugs. Such generic drugs have been approved by the Food and Drug Administration as meeting the same standards of safety,purity, strength and effectiveness as the brand name drug. A brand name drug is defined as a prescription drug that has been patented and is only available through one manufacturer. "Standard reference compendia"means the American Hospital Formulary Service-Drug Information,the American Medical Association Drug Evaluation;the United States Pharmacopoeia-Drug Information, or other authoritative compendia as identified from time to time by the federal secretary of Health and Human Services. "Peer-reviewed medical literature"means scientific studies printed in healthcare journals or other publications in which original manuscripts are published only after having been critically reviewed for scientific accuracy, validity and reliability by unbiased independent experts. Peer-reviewed medical literature does not include in- house publications of pharmaceutical manufacturing companies. Excluded: over-the-counter drugs,medicines, supplies and devices not requiring a prescription under state law or regulations, drugs used in the treatment of sexual dysfunction disorders,medicines and injections for anticipated illness while traveling,vitamins, including Legend(prescription)vitamins,and any other drugs, medicines and injections not listed as covered in the GHC drug formulary unless approved in advance by GHC as Medically Necessary. The Member will be charged for replacing lost or stolen drugs,medicines or devices. The Member's Right to Safe and Effective Pharmacy Services. State and federal laws establish standards to assure safe and effective pharmacy services, and to guarantee Members' right to know what drugs are covered under the Agreement and what coverage limitations are in the Agreement. Members who would like more information about the drug coverage policies under the Agreement, or have a question or concern about their pharmacy benefit,may contact GHC at(206)901-4636 or(888)901- 4636. Members who would like to know more about their rights under the law, or think any services received while enrolled may not conform to the terms of the Agreement,may contact the Washington State Office of Insurance Commissioner at(800)562-6900. Members who have a concern about the pharmacists or pharmacies serving them,may call the Washington State Department of Health at(800) 525-0127. K Mental Health Care Services. Services that are provided by a mental health practitioner will be covered as mental health care,regardless of the cause of the disorder. 1. Outpatient Services.Outpatient mental health services place priority on restoring the Member to his/her level of functioning prior to the onset of acute symptoms or to achieve a clinically appropriate level of stability as determined by GHC's Medical Director, or his/her designee. Treatment for clinical conditions may utilize psychiatric,psychological and/or psychotherapy services to achieve these objectives. Coverage for each Member is provided according to the outpatient mental health care Allowance set forth in the Allowances Schedule. Psychiatric medical services, including medical management and prescriptions,are covered as set forth in Sections IV.B. and IV.J. 2. Inpatient Services. Charges for services described in this section, including psychiatric Emergencies resulting in inpatient services, are covered as set forth in the Allowances Schedule. This benefit shall include coverage for acute treatment and stabilization of psychiatric Emergencies in GHC-approved hospitals.When medically indicated, outpatient electro-convulsive therapy(ECT) is covered in lieu of inpatient services. Coverage for services incurred at non-GHC Facilities shall exclude any charges that would otherwise be excluded for hospitalization within a GHC Facility. C31021-0036900 25 Services provided under involuntary commitment statutes shall be covered at facilities approved by GHC. Services for any involuntary court-ordered treatment program beyond seventy-two(72)hours shall be covered only if determined to be Medically Necessary by GHC's Medical Director, or his/her designee. Coverage for voluntary/involuntary Emergency inpatient psychiatric services is subject to the Emergency care benefit set forth in Section I V.L., including the twenty-four(24)hour notification and transfer provisions. Outpatient electro-convulsive therapy treatment is covered subject to the outpatient surgery Cost Share. 3. Exclusions and Limitations for Outpatient and Inpatient Mental Health Treatment Services. Covered Services are limited to those authorized by GHC's Medical Director, or his/her designee, for covered clinical conditions for which the reduction or removal of acute clinical symptoms or stabilization can be expected given the most clinically appropriate level of mental health care intervention. Excluded: inpatient Residential Treatment services, learning, communication and motor skills disorders; mental retardation;academic or career counseling;sexual and identity disorders;and personal growth or relationship enhancement Also excluded: assessment and treatment services that are pr marily vocational and academic; court-ordered or forensic treatment,including reports and summaries,not considered Medically Necessary,work or school ordered assessment and treatment not considered Medically Necessary; counseling for overeating;nicotine related disorders,relationship counseling or phase of life problems(V code only diagnoses),and custodial care. Any other services not specifically listed as covered in this section. All other provisions, exclusions and limitations under the Agreement also apply. L. Emergency/Urgent Care. All services are covered subject to the Cost Shares set forth in the Allowances Schedule. Emergency Care(See Section VIII. for a definition of Emergency.) 1. At a GHC Facility.GHC will cover Emergency care for all Covered Services. 2. At a Non-GHC Facility.Usual, Customary and Reasonable charges for Emergency care for Covered Services are covered subject to: a. Payment of the Emergency care Cost Share,and b. Notification of GHC by way of the GHC Notification Line within twenty-four(24)hours following inpatient admission,or as soon thereafter as medically possible. 3. Waiver of Emergency Care Cost Share. a. Waiver for Multiple Injury Accident.If two or more Members in the same Family Unit require Emergency care as a result of the same accident, coverage for all Members will be subject to only one (1)Emergency care Copayment. b. Emergencies Resulting in an Inpatient Admission.If the Member is admitted to a GHC Facility directly from the emergency room,the Emergency care Copayment is waived.However, coverage will be subject to the inpatient services Cost Share. 4. Transfer and Follow-up Care.If a Member is hospitalized in a non-GHC Facility, GHC reserves the right to require transfer of the Member to a GHC Facility,upon consultation between a GHC Provider and the attending physician. If the Member refuses to transfer to a GHC Facility, all further costs incurred during the hospitalization are the responsibility of the Member. Follow-up care which is a direct result of the Emergency must be obtained from GHC Providers,unless a GHC Provider has authorized such follow-up care from a non-GHC Provider in advance. Urgent Care(See Section VIII. for a definition of Urgent Condition.) C31021-0036900 26 Inside the GHC Service Area, care for Urgent Conditions is covered at GHC medical centers, GHC urgent care clinics or GHC Providers' offices, subject to the applicable Cost Share. Urgent care received at any hospital emergency department is not covered unless authorized in advance by a GHC Provider. Care received at urgent care facilities other than those listed above is only covered for Emergency services, subject to the applicable Emergency care Cost Share. Outside the GHC Service Area,Usual, Customary and Reasonable charges are covered for Urgent Conditions received at any medical facility, subject to the applicable Cost Share. M. Ambulance Services. Ambulance services are covered as set forth below,provided that the service is authorized in advance by a GHC Provider or meets the definition of an Emergency(see Section VIII.). 1. Emergency Transport to any Facility.Each Emergency is covered as set forth in the Allowances Schedule. 2. Interfacility Transfers. GHC-initiated non-emergent transfers to or from a GHC Facility are covered as set forth in the Allowances Schedule. N. Skilled Nursing Facility(SNF). Skilled nursing care in a GHC-approved skilled nursing facility when full- time skilled nursing care is necessary in the opinion of the attending GHC Provider, is covered as set forth in the Allowances Schedule. When prescribed by a GHC Provider, such care may include room and board,general nursing care, drugs, biologicals, supplies and equipment ordinarily provided or arranged by a skilled nursing facility, and short-term physical therapy, occupational therapy and restorative speech therapy. Excluded: personal comfort items such as telephone and television,rest cures and custodial, domiciliary or convalescent care. Section V. General Exclusions In addition to exclusions listed throughout the Agreement,the following are not covered: 1. Services or supplies not specifically listed as covered in the Schedule of Benefits, Section IV. 2. Except as specifically listed and identified as covered in Sections IV.B.,IV.D.,IV.H. and IV.J., corrective appliances and artificial aids including: eyeglasses, contact lenses and services related to their fitting,hearing devices and hearing aids, including related examinations,take-home drugs, dressings and supplies following hospitalization, and any other supplies, dressings, appliances, devices or services which are not specifically listed as covered in Section IV. 3. Cosmetic services, including treatment for complications resulting from cosmetic surgery,except as provided in Section IV.D. 4. Convalescent or custodial care. 5. Durable medical equipment such as hospital beds,wheelchairs and walk-aids, except while in the hospital or as set forth in Section IV.B.,IV.E.,IV.F. or IV.H. 6. Services rendered as a result of work-related injuries, illnesses or conditions, including injuries, illnesses or conditions incurred as a result of self-employment 7. Those parts of an examination and associated reports and immunizations required for employment,unless otherwise noted in Section IV.B., immigration, license,travel or insurance purposes that are not deemed Medically Necessary by GHC for early detection of disease. 8. Services and supplies related to sexual reassignment surgery, such as sex change operations or transformations and procedures or treatments designed to alter physical characteristics. C31021-0036900 27 9. Diagnostic testing and medical treatment of sterility, infertility and sexual dysfunction,regardless of origin or cause,unless otherwise noted in Section IV.B. 10. Any services to the extent benefits are"available"to the Member as defined herein under the terms of any vehicle,homeowner's,property or other insurance policy, except for individual or group health insurance, whether the Member asserts a claim or not,pursuant to medical coverage,medical"no fault"coverage,Personal Injury Protection coverage or similar medical coverage contained in said policy. For the purpose of this exclusion,benefits shall be deemed to be"available"to the Member if the Member is a named insured, comes within the policy definition of insured,or otherwise has the right to receive first party benefits under the policy. The Member and his/her agents must cooperate fully with GHC in its efforts to enforce this exclusion. This cooperation shall include supplying GHC with information about, or related to,the cause of injury or illness or the availability of other insurance coverage. The Member and his/her agent shall permit GHC, at GHC's option, to associate with the Member or to intervene in any action filed against any party related to the injury. The Member and his/her agents shall do nothing to prejudice GHC's right to enforce this exclusion. Failure to fully cooperate, including withholding information regarding the cause of injury or illness or other insurance coverage may result in denial of claims and the Member shall be responsible for reimbursing GHC for expenses incurred and the value of the benefits provided by GHC under this Agreement for the care or treatment of the injury or illness sustained by the Member. GHC shall not enforce this exclusion as to coverage available under uninsured motorist or underinsured motorist coverage until the Member has been made whole,unless the Member fails to cooperate fully with GHC as described above. If this Agreement is not subject to ERISA and reasonable collections costs have been incurred by an attorney for the Injured Person in connection with obtaining recovery, under certain conditions GHC will reduce the amount of reimbursement to GHC by the amount of an equitable apportionment of such collection costs between GHC and the Injured Person. This reduction will be made only if each of the following conditions has been met: (i)the equitable apportionment of attorney fees has been agreed to by GHC prior to settlement or recovery, (iii) the Injured Person's attorney's action has benefited GHC in its recovery, and(iii)the InjuredPerson's attorney's actions were reasonable and necessary to secure recovery. GHC's share of collection costs is subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC. Under no circumstance will GHC incur legal fees for services which were not reasonably and necessarily incurred to secure recovery or which do not benefit GHC. If this Agreement is subject to ERISA and reasonable collections costs have been incurred by the Injured Person for the benefit of GHC, the Injured Person may request and GHC may reduce the amount of reimbursement to GHC by an amount for reasonable and necessary attorney's fees incurred by the Injured Person on behalf of and for the benefit of GHC but only if such amount is agreed to by GHC prior to settlement or recovery. 11. Late term pregnancy termination except when the health of the mother is at risk. 12. The cost of services and supplies resulting from a Member's loss of or willful damage to appliances, devices, supplies and materials covered by GHC for the treatment of disease, injury or illness. 13. Orthoptic therapy(i.e., eye training). 14. Specialty treatment programs such as weight reduction, "behavior modification programs"and rehabilitation, including cardiac rehabilitation. 15. Services or care needed for injuries or conditions resulting from active or reserve military service,whether such injuries or conditions result from war or otherwise. This exclusion will not apply to conditions or injuries resulting from previous military service unless the condition has been determined by the U.S. Secretary of Veterans Affairs to be a condition or injury incurred during a period of active duty. Further,this exclusion will not be interpreted to interfere with or preclude coordination of benefits under Tri-Care. 16. Procedures and services to reverse a therapeutic or nontherapeutic sterilization. C31021-0036900 28 17. Dental care, surgery, services and appliances, including:treatment of accidental injury to natural teeth, reconstructive surgery to the jaw in preparation for dental implants, dental implants,periodontal surgery and any other dental service not specifically listed as covered in Section IV. GHC's Medical Director, or his/her designee,will determine whether the care or treatment required is within the category of dental care or service. 18. All outpatient drugs,medicines and injectables, except as set forth in Section IV.J. Any exclusion of drugs, medicines and injectables, including those not listed as covered in the GHC drug formulary (approved drug list), will also exclude their administration. 19. Experimental or investigational services. GHC consults with GHC's Medical Director and then uses the criteria described below to decide if a particular service is experimental or investigational. a. A service is considered experimental or investigational for a Member's condition if any of the following statements apply to it at the time the service is or will be provided to the Member. i. The service cannot be legally marketed in the United States without the approval of the Food and Drug Administration(`FDA") and such approval has not been granted. ii. The service is the subject of a current new drug or new device application on file with the FDA. iii. The service is provided as part of a Phase I or Phase II clinical trial, as the experimental or research arm of a Phase III clinical trial, or in any other manner that is intended to evaluate the safety,toxicity or efficacy of the service. iv. The service is provided pursuant to a written protocol or other document that lists an evaluation of the service's safety,toxicity or efficacy as among its objectives. v. The service is under continued scientific testing and research concerning the safety,toxicity or efficacy of services. vi. The service is provided pursuant to informed consent documents that describe the service as experimental or investigational, or in other terms that indicate that the service is being evaluated for its safety,toxicity or efficacy. vii. The prevailing opinion among experts, as expressed in the published authoritative medical or scientific literature, is that(1)the use of such service should be substantially confined to research settings, or(2) further research is necessary to determine the safety,toxicity or efficacy of the service. b. In making determinations whether a service is experimental or investigational,the following sources of information will be relied upon exclusively: i. The Member's medical records, ii. The written protocol(s)or other document(s)pursuant to which the service has been or will be provided, iii. Any consent document(s)the Member or Member's representative has executed or will be asked to execute,to receive the service, iv. The files and records of the Institutional Review Board(IRB)or similar body that approves or reviews research at the institution where the service has been or will be provided, and other information concerning the authority or actions of the IRB or similar body, v. The published authoritative medical or scientific literature regarding the service, as applied to the Member's illness or injury, and vi. Regulations,records, applications and any other documents or actions issued by, filed with or taken by, the FDA or other agencies within the United States Department of Health and Human Services, or any state agency performing similar functions. Appeals regarding GHC denial of coverage can be submitted to the Member Appeal Department, or to GHC's Medical Director at P.O. Box 34593, Seattle,WA 98124-1593. 20. Chemical dependency,rehabilitation services and mental health care, except as specifically provided in Sections I V.C.,I V.G. and I V.K. 21. Hypnotherapy, and all services related to hypnotherapy. C31021-0036900 29 22. Genetic testing and related services,unless determined Medically Necessary by GHC's Medical Director, or his/her designee, and in accordance with Board of Health standards for screening and diagnostic tests, or specifically provided in Section IV.B. Testing for non-Members is also excluded. 23. Follow-up visits related to a non-Covered Service. 24. Fetal ultrasound in the absence of medical indications. 25. Routine foot care, except in the presence of a non-related Medical Condition affecting the lower limbs. 26. Complications of non-Covered Services. 27. Obesity treatment and treatment for morbid obesity, including any medical services, drugs, supplies or any bariatric surgery (such as gastroplasty or intestinal bypass),regardless of co-morbidities, complications of obesity or any other Medical Condition, except as set forth in Section IV.B. 28. Services or supplies for which no charge is made, or for which a charge would not have been made if the Member had no health care coverage or for which the Member is not liable, services provided by a member of the Member's family. 29. Autopsy and associated expenses. 30. Services provided by government agencies, except as required by federal or state law. 31. Services related to temporomandibular joint disorder(TMJ)and/or associated facial pain or to correct congenital conditions, including bite blocks and occlusal equilibration, except as specified as covered in Section IV.B. 32. Services covered by the national health plan of any other country. 33. Pre-Existing Conditions,except as specifically provided in Section IV.B.25. Section VL Grievance Processes for Complaints and Appeals The grievance processes to express a complaint and appeal a denial of benefits are set forth below. Filing a Complaint or Appeal The complaint process is available for a Member to express dissatisfaction about customer service or the quality or availability of a health service. The appeals process is available for a Member to seek reconsideration of a denial of benefits. Complaint Process Step 1: The Member should contact the person involved, explain his/her concerns and what he/she would like to have done to resolve the problem. The Member should be specific and make his/her position clear. Step 2: If the Member is not satisfied,or if he/she prefers not to talk with the person involved,the Member should call the department head or the manager of the medical center or department where he/she is having a problem. That person will investigate the Member's concerns. Most concerns can be resolved in this way. Step 3: If the Member is still not satisfied,he/she should call the GHC Customer Service Center toll free at(888) 901-4636. Most concerns are handled by phone within a few days. In some cases the Member will be asked to write down his/her concerns and state what he/she thinks would be a fair resolution to the problem. A Customer Service Representative or Member Quality of Care Coordinator will investigate the Member's concern by consulting with involved staff and their supervisors, and reviewing pertinent records,relevant plan policies and the Member Rights and Responsibilities statement. This process can take up to thirty(30)days to resolve after receipt of the Member's written statement. C31021-0036900 30 If the Member is dissatisfied with the resolution of the complaint,he/she may contact the Member Quality of Care Coordinator or the Customer Service Center. Appeals Process Step 1: If the Member wishes to appeal a decision denying benefits,he/she must submit a request for an appeal either orally or in writing to the Member Appeals Department,specifying why he/she disagrees with the decision. The appeal must be submitted within 180 days of the denial notice he/she received. Appeals should be directed to GHC's Member Appeals Department,P.O. Box 34593, Seattle,WA 98124-1593,toll free(866)458-5479. An Appeals Coordinator will review initial appeal requests. GHC will then notify the Member of its determination or need for an extension of time within fourteen(14)days of receiving the request for appeal. Under no circumstances will the review timeframe exceed thirty(30)days without the Member's written permission. If the appeal request is for an experimental or investigational exclusion or limitation, GHC will make a determination and notify the Member in writing within twenty(20)working days of receipt of a fully documented request. In the event that additional time is required to make a determination, GHC will notify the Member in writing that an extension in the review timeframe is necessary. Under no circumstances will the review timeframe exceed twenty(20) days without the Member's written permission. There is an expedited appeals process in place for cases which meet criteria or where the Member's provider believes that the standard thirty(30)day appeal review process will seriously jeopardize the Member's life,health or ability to regain maximum function or subject the Member to severe pain that cannot be managed adequately without the requested care or treatment. The Member can request an expedited appeal in writing to the above address, or by calling GHC's Member Appeals Department toll free(866)458-5479. The Member's request for an expedited appeal will be processed and a decision issued no later than seventy-two(72)hours after receipt Step 2: If the Member is not satisfied with the decision in Step 1 regarding a denial of benefits, or if GHC fails to grant or reject the Member's request within the applicable required timeframe,he/she may request a second level review by an external independent review organization as set forth under subsection A. below. The Member may also choose to pursue review by an appeals committee prior to requesting a review by an independent review organization as set forth under subsection B. below. This is not a required step in the appeals process. A. Request a review by an independent review organization. An independent review organization is not legally affiliated or controlled by GHC. Once a decision is made through an independent review organization,the decision is final and cannot be appealed through GHC. * A request for a review by an independent review organization must be made within 180 days after the date of the Step 1 decision notice, or within 180 days after the date of a GHC appeals committee decision notice. B. Request an optional hearing by the GHC appeals committee: The appeals committee hearing is an informal process. The hearing will be conducted within thirty(30)working days of the Member's request and notification of the appeal committee's decision will be mailed to the Member within five(5)working days of the hearing. Members electing the appeals committee maintain their right to appeal further to an independent review organization as set forth in paragraph A. above. Review by the appeals committee is not available if the appeal request is for an experimental or investigational exclusion or limitation. A request for a hearing by the appeals committee must be made within thirty(30)days after the date of the Step 1 decision notice. The request can be mailed to GHC's Member Appeals Department,P.O. Box 34593, Seattle, WA 98124-1593. * *If the Member's health plan is governed by the Employee Retirement Income Security Act,known as"ERISA" (most employment related health plans, other than those sponsored by governmental entities or churches—ask employer about plan),the Member has the right to file a lawsuit under Section 502(a)of ERISA to recover benefits C31021-0036900 31 due to the Member under the plan at any point after completion of Step 1 of the appeals process. Members may have other legal rights and remedies available under state or federal law. Section VIL General Provisions A. Coordination of Benefits The coordination of benefits(COB)provision applies when a Member has health care coverage under more than one plan.Plan is defined below. The order of benefit determination rules govern the order in which each plan will pay a claim for benefits. The plan that pays first is called the primary plan. The primary plan must pay benefits according to its policy terms without regard to the possibility that another plan may cover some expenses. The plan that pays after the primary plan is the secondary plan. The secondary plan must pay an amount which,together with the payment made by the primary plan,totals the higher of the allowable expenses.In no event will a secondary plan be required to pay an amount in excess of its maximum benefit plus accrued savings. If the Member is covered by more than one health benefit plan,the Member or the Member's provider should file all the Member's claims with each plan at the same time. If Medicare is the Member's primary plan, Medicare may submit the Member's claims to the Member's secondary carrier. 1. Definitions. a. Plan.A plan is any of the following that provides benefits or services for medical or dental care or treatment. If separate contracts are used to provide coordinated coverage for Members of a Group,the separate contracts are considered parts of the same plan and there is no COB among those separate contracts. However,if COB rules do not apply to all contracts, or to all benefits in the same contract, the contract or benefit to which COB does not apply is treated as a separate plan. 1) Plan includes:group, individual or blanket disability insurance contracts and group or individual contracts issued by health care service contractors or health maintenance organizations(HMO), closed panel plans or other forms of group coverage;medical care components of long-term care contracts, such as skilled nursing care, and Medicare or any other federal governmental plan, as permitted by law. 2) Plan does not include: hospital indemnity or fixed payment coverage or other fixed indemnity or fixed payment coverage, accident only coverage, specified disease or specified accident coverage, limited benefit health coverage,as defined by state law,school accident type coverage,benefits for non-medical components of long-term care policies,automobile insurance policies required by statute to provide medical benefits;Medicare supplement policies,Medicaid coverage,or coverage under other federal governmental plans,unless permitted by law. Each contract for coverage under subsection 1)or 2)is a separate plan. If a plan has two parts and COB rules apply only to one of the two, each of the parts is treated as a separate plan. b. This plan means, in a COB provision,the part of the contract providing the health care benefits to which the COB provision applies and which may be reduced because of the benefits of other plans. Any other part of the contract providing health care benefits is separate from this plan. A contract may apply one COB provision to certain benefits, such as dental benefits, coordinating only with similar benefits, and may apply another COB provision to coordinate other benefits. c. The order of benefit determination rules determine whether this plan is a primary plan or secondary plan when the Member has health care coverage under more than one plan. When this plan is primary, it determines payment for its benefits first before those of any other plan without considering any other plan's benefits.When this plan is secondary, it determines its benefits after those of another plan and must make payment in an amount so that,when combined with the amount paid by the primary plan,the total benefits paid or provided by all plans for the claim equal 100%of the total allowable expense for that claim. This means that when this plan is secondary, it must pay the amount which,when combined with what the primary plan paid,totals 100%of the C31021-0036900 32 highest allowable expense.In addition, if this plan is secondary, it must calculate its savings(its amount paid subtracted from the amount it would have paid had it been the primary plan)and record these savings as a benefit reserve for the covered Member. This reserve must be used by the secondary plan to pay any allowable expenses not otherwise paid,that are incurred by the covered person during the claim determination period. d. Allowable Expense.Allowable expense is a health care expense, coinsurance or copayments and without reduction for any applicable deductible,that is covered at least in part by any plan covering the person. When a plan provides benefits in the form of services,the reasonable cash value of each service will be considered an allowable expense and a benefit paid. An expense that is not covered by any plan covering the Member is not an allowable expense. The following are examples of expenses that are not allowable expenses: 1) The difference between the cost of a semi-private hospital room and a private hospital room is not an allowable expense,unless one of the plans provides coverage for private hospital room expenses. 2) If a Member is covered by two or more plans that compute their benefit payments on the basis of usual and customary fees or relative value schedule reimbursement method or other similar reimbursement method, any amount in excess of the highest reimbursement amount for a specific benefit is not an allowable expense. 3) If a Member is covered by two or more plans that provide benefits or services on the basis of negotiated fees, an amount in excess of the highest of the negotiated fees is not an allowable expense. 4) An expense or a portion of an expense that is not covered by any of the plans covering the person is not an allowable expense. e. Closed panel plan is a plan that provides health care benefits to covered persons in the form of services through a panel of providers who are primarily employed by the plan, and that excludes coverage for services provided by other providers, except in cases of emergency or referral by a panel member. I. Custodial parent is the parent awarded custody by a court decree or, in the absence of a court decree, is the parent with whom the child resides more than one half of the calendar year excluding any temporary visitation. 2. Order of Benefit Determination Rules. When a Member is covered by two or more plans,the rules for determining the order of benefit payments are as follows: a. The primary plan pays or provides its benefits according to its terms of coverage and without regard to the benefits under any other plan. b. Except as provided below,a plan that does not contain a coordination of benefits provision that is consistent with this chapter is always primary unless the provisions of both plans state that the complying plan is primary. Coverage that is obtained by virtue of membership in a Group that is designed to supplement a part of a basic package of benefits and provides that this supplementary coverage is excess to any other parts of the plan provided by the Subscriber. Examples include major medical coverages that are superimposed over hospital and surgical benefits, and insurance type coverages that are written in connection with a closed panel plan to provide out-of-network benefits. c. A plan may consider the benefits paid or provided by another plan in calculating payment of its benefits only when it is secondary to that other plan. d. Each plan determines its order of benefits using the first of the following rules that apply: 1) Non-Dependent or Dependent. The plan that covers the Member other than as a Dependent, for example as an employee,member,policyholder, Subscriber or retiree is the primary plan and the C31021-0036900 33 plan that covers the Member as a Dependent is the secondary plan. However, if the person is a Medicare beneficiary and, as a result of federal law,Medicare is secondary to the plan covering the Member as a Dependent, and primary to the plan covering the Member as other than a Dependent(e.g., a retired employee),then the order of benefits between the two plans is reversed so that the plan covering the Member as an employee,member,policyholder, Subscriber or retiree is the secondary plan and the other plan is the primary plan. 2) Dependent child covered under more than one plan. Unless there is a court decree stating otherwise,when a dependent child is covered by more than one plan the order of benefits is determined as follows: a) For a dependent child whose parents are married or are living together,whether or not they have ever been married: • The plan of the parent whose birthday falls earlier in the calendar year is the primary plan,or • If both parents have the same birthday,the plan that has covered the parent the longest is the primary plan. b) For a dependent child whose parents are divorced or separated or not living together,whether or not they have ever been married: (1) If a court decree states that one of the parents is responsible for the dependent child's health care expenses or health care coverage and the plan of that parent has actual knowledge of those terms,that plan is primary. This rule applies to claim determination periods commencing after the plan is given notice of the court decree; (2) If a court decree states one parent is to assume primary financial responsibility for the dependent child but does not mention responsibility for health care expenses,the plan of the parent assuming financial responsibility is primary, (3) If a court decree states that both parents are responsible for the dependent child's health care expenses or health care coverage,the provisions of a)above determine the order of benefits, (4) If a court decree states that the parents have joint custody without specifying that one parent has responsibility for the health care expenses or health care coverage of the dependent child,the provisions of subsection a) above determine the order of benefits, or (5) If there is no court decree allocating responsibility for the dependent child's health care expenses or health care coverage,the order of benefits for the child are as follows: • The plan covering the custodial parent, first, • The plan covering the spouse of the custodial parent, second, • The plan covering the non-custodial parent,third,and then • The plan covering the spouse of the non-custodial parent, last. c) For a dependent child covered under more than one plan of individuals who are not the parents of the child,the provisions of subsection a)or b)above determine the order of benefits as if those individuals were the parents of the child. 3) Active employee or retired or laid-off employee. The plan that covers a Member as an active employee,that is, an employee who is neither laid off nor retired, is the primary plan. The plan covering that same Member as a retired or laid off employee is the secondary plan. The same would hold true if a Member is a Dependent of an active employee and that same Member is a Dependent of a retired or laid-off employee. If the other plan does not have this rule, and as a result,the plans do not agree on the order of benefits,this rule is ignored. This rule does not apply if the rule under section d 1)can determine the order of benefits. 4) COBRA or State Continuation Coverage. If a Member whose coverage is provided under COBRA or under a right of continuation provided by state or other federal law is covered under another plan,the plan covering the Member as an employee,member, Subscriber or retiree or covering the Member as a Dependent of an employee,member, Subscriber or retiree is the primary plan and the COBRA or state or other federal continuation coverage is the secondary plan. If the other plan does not have this rule, and as a result,the plans do not agree on the order of benefits,this rule is ignored. This rule does not apply if the rule under section d 1) can determine the order of benefits. C31021-0036900 34 5) Longer or shorter length of coverage. The plan that covered the Member as an employee,member, Subscriber or retiree longer is the primary plan and the plan that covered the Member the shorter period of time is the secondary plan. 6) If the preceding rules do not determine the order of benefits,the allowable expenses must be shared equally between the plans meeting the definition of plan.In addition,this plan will not pay more than it would have paid had it been the primary plan. 3. Effect on the Benefits of this Plan. When this plan is secondary, it must make payment in an amount so that,when combined with the amount paid by the primary plan,the total benefits paid or provided by all plans for the claim equal one hundred percent of the total allowable expense for that claim. However, in no event shall the secondary plan be required to pay an amount in excess of its maximum benefit plus accrued savings. In no event should the Member be responsible for a deductible amount greater than the highest of the two deductibles. Total allowable expense is the highest allowable expenses of the primary plan or the secondary plan. In addition, the secondary plan must credit to its plan deductible any amounts it would have credited to its deductible in the absence of other health care coverage. 4. Right to Receive and Release Needed Information. Certain facts about health care coverage and services are needed to apply these COB rules and to determine benefits payable under this plan and other plans. GHC may get the facts it needs from or give them to other organizations or persons for the purpose of applying these rules and determining benefits payable under this plan and other plans covering the Member claiming benefits. GHC need not tell, or get the consent of, any Member to do this. Each Member claiming benefits under this plan must give GHC any facts it needs to apply those rules and determine benefits payable. 5. Facility of Payment If payments that should have been made under this plan are made by another plan, GHC has the right, at its discretion,to remit to the other plan the amount it determines appropriate to satisfy the intent of this provision. The amounts paid to the other plan are considered benefits paid under this plan. To the extent of such payments, GHC is fully discharged from liability under this plan. 6. Right of Recovery. GHC has the right to recover excess payment whenever it has paid allowable expenses in excess of the maximum amount of payment necessary to satisfy the intent of this provision. GHC may recover excess payment from any person to whom or for whom payment was made or any other issuers or plans. Questions about Coordination of Benefits? Contact the State Insurance Department 7. Effect of Medicare. Members Residing Outside the GHC Medicare Advantage Service Area.Medicare primary/secondary payer guidelines and regulations will determine primary/secondary payer status. When Medicare,Part A and Part B or Part C are primary,Medicare's allowable amount is the highest allowable expense. When GHC renders care to a Member who is eligible for Medicare benefits, and Medicare is deemed to be the primary bill payer under Medicare primary/secondary payer guidelines and regulations, GHC will seek Medicare reimbursement for all Medicare covered services. B. Subrogation and Reimbursement Rights The benefits under this Agreement will be available to a Member for injury or illness caused by another party, subject to the exclusions and limitations of this Agreement. If GHC provides benefits under this Agreement for the treatment of the injury or illness, GHC will be subrogated to any rights that the Member may have to C31021-0036900 35 recover compensation or damages related to the injury or illness. This section VII.B. more fully describes GHC's subrogation and reimbursement rights. "Injured Person"under this section means a Member covered by the Agreement who sustains an injury and any spouse,dependent or other person or entity that may recover on behalf of such Member, including the estate of the Member and, if the Member is a minor,the guardian or parent of the Member. When referred to in this section, "GHC's Medical Expenses"means the expenses incurred and the value of the benefits provided by GHC under this Agreement for the care or treatment of the injury sustained by the Injured Person. If the Injured Person's injuries were caused by a third party giving rise to a claim of legal liability against the third party and/or payment by the third party to the Injured Person and/or a settlement between the third party and the Injured Person, GHC shall have the right to recover GHC's Medical Expenses from any source available to the Injured Person as a result of the events causing the injury, including but not limited to funds available through applicable third party liability coverage and uninsured/underinsured motorist coverage. This right is commonly referred to as"subrogation."GHC shall be subrogated to and may enforce all rights of the Injured Person to the extent of GHC's Medical Expenses. GHC's subrogation and reimbursement rights shall be limited to the excess of the amount required to fully compensate the Injured Person for the loss sustained, including general damages. However, in the case of Medicare Advantage Members, GHC's right of subrogation shall be the full amount of GHC's Medical Expenses and is limited only as required by Medicare. Subject to the above provisions, if the Injured Person is entitled to or does receive money from any source as a result of the events causing the injury,including but not limited to any party's liability insurance or uninsured/underinsured motorist funds,then GHC's Medical Expenses provided or to be provided to the Injured Person are secondary,not primary. Asa condition of receiving benefits under the Agreement,the Injured Person agrees that acceptance of GHC services is constructive notice of this provision in its entirety and agrees to reimburse GHC for the benefits the Injured Person received as a result of the events causing the injury. The Injured Person and his/her agents shall cooperate fully with GHC in its efforts to collect GHC's Medical Expenses. This cooperation includes,but is not limited to, supplying GHC with information about the cause of injury or illness, any third parties, defendants and/or insurers related to the Injured Person's claim and informing GHC of any settlement or other payments relating to the Injured Person's injury. The Injured Person and his/her agents shall permit GHC, at GHC's option,to associate with the Injured Person or to intervene in any legal, quasi-legal, agency or any other action or claim filed.If the Injured Person takes no action to recover money from any source,then the Injured Person agrees to allow GHC to initiate its own direct action for reimbursement or subrogation, including,but not limited to,billing the Injured Person directly for GHC's Medical Expenses The Injured Person and his/her agents shall do nothing to prejudice GHC's subrogation and reimbursement rights. The Injured Person shall promptly notify GHC of any tentative settlement with a third party and shall not settle a claim without protecting GHC's interest If the Injured Person fails to cooperate fully with GHC in recovery of GHC's Medical Expenses,the Injured Person shall be responsible for directly reimbursing GHC for GHC's Medical Expenses and GHC retains the right to bill the Injured Person directly for GHC's Medical Expenses. To the extent that the Injured Person recovers funds from any source that may serve to compensate for medical injuries or medical expenses,the Injured Person agrees to hold such monies in trust or in their possession until GHC's subrogation and reimbursement rights are fully determined. If this Agreement is not subject to ERISA and reasonable collections costs have been incurred by an attorney for the Injured Person in connection with obtaining recovery, under certain conditions GHC will reduce the amount of reimbursement to GHC by the amount of an equitable apportionment of such collection costs between GHC and the Injured Person. This reduction will be made only if each of the following conditions has been met: (i)the equitable apportionment of attorney fees has been agreed to by GHC prior to settlement or recovery, (iii) the Injured Person's attorney's action has benefited GHC in its recovery, and(iii)the InjuredPerson's attorney's actions were reasonable and necessary to secure recovery. GHC's share of collection costs is subject to a maximum responsibility of GHC equal to one-third of the amount recovered on behalf of GHC. Under no circumstance will GHC incur legal fees for services which were not reasonably and necessarily incurred to secure recovery or which do not benefit GHC. C31021-0036900 36 If this Agreement is subject to ERISA and reasonable collections costs have been incurred by the Injured Person for the benefit of GHC, the Injured Person may request and GHC may reduce the amount of reimbursement to GHC by an amount for reasonable and necessary attorney's fees incurred by the Injured Person on behalf of and for the benefit of GHC, but only if such amount is agreed to by GHC prior to settlement or recovery. To the extent the provisions of this Subrogation and Reimbursement section are deemed governed by ERISA, implementation of this section shall be deemed a part of claims administration under the Agreement and GHC shall therefore have discretion to interpret its terms. C. Miscellaneous Provisions 1. Identification Cards. GHC will furnish cards,for identification purposes only,to all Members enrolled under the Agreement 2. Administration of Agreement. GHC may adopt reasonable policies and procedures to help in the administration of the Agreement. This may include,but is not limited to,policies or procedures pertaining to benefit entitlement and coverage determinations. 3. Modification of Agreement.No oral statement of any person shall modify or otherwise affect the benefits, limitations and exclusions of the Agreement, convey or void any coverage, increase or reduce any benefits under the Agreement or be used in the prosecution or defense of a claim under the Agreement. 4. Confidentiality. GHC and the Group shall keep Member information strictly confidential and shall not disclose any information to any third party other than: (i)representatives of the receiving party(as permitted by applicable state and federal law)who have a need to know such information in order to perform the services required of such party pursuant to the Agreement, or for the proper management and administration of the receiving party,provided that such representatives are informed of the confidentiality provisions of the Agreement and agree to abide by them,(it)pursuant to court order or(in)to a designated public official or agency pursuant to the requirements of federal, state or local law,statute,rule or regulation. 5. Nondiscrimination. GHC does not discriminate on the basis of physical or mental disabilities in its employment practices and services. Section VIIL DeFinitions Agreement: The Medical Coverage Agreement between GHC and the Group. Allowance: The maximum amount payable by GHC for certain Covered Services under the Agreement, asset forth in the Allowances Schedule. Contracted Network Pharmacy: A pharmacy that has contracted with GHC to provide covered legend (prescription)drugs and medicines for outpatient use under the Agreement. Copayment: The specific dollar amount a Member is required to pay at the time of service for certain Covered Services under the Agreement, as set forth in the Allowances Schedule. Cost Share: The portion of the cost of Covered Services the Member is liable for under the Agreement. Cost Shares for specific Covered Services are set forth in the Allowances Schedule. Cost Share includes Copayments, coinsurances and/or Deductibles. Covered Services: The services for which a Member is entitled to coverage under the Agreement. Deductible: A specific amount a Member is required to pay for certain Covered Services before benefits are payable under the Agreement. The applicable Deductible amounts are set forth in the Allowances Schedule. Dependent: Any member of a Subscriber's family who meets all applicable eligibility requirements, is enrolled hereunder and for whom the premium prescribed in the Premium Schedule has been paid. C31021-0036900 37 Emergency: The emergent and acute onset of a symptom or symptoms, including severe pain,that would lead a prudent lay person acting reasonably to believe that a health condition exists that requires immediate medical attention, if failure to provide medical attention would result in serious impairment to bodily function or serious dysfunction of a bodily organ or part, or would place the Member's health in serious jeopardy. Essential Health Benefits:Benefits set forth under the Patient Protection andAffordable Care Act of2010, including the categories of ambulatory patient services, emergency services, hospitalization, maternity and newborn care,mental health and substance use disorder services, including behavioral health treatment, prescription drugs, rehabilitative and habilitative services and devices, laboratory services,preventive and wellness services and chronic disease management and pediatric services, including oral and vision care. Family Unit: A Subscriber and all his/her Dependents. Fee Schedule: A fee-for-service schedule adopted by GHC, setting forth the fees for medical and hospital services. GHC-Designated Self-Referral Specialist: A GHC specialist specifically identified by GHC to whom Members may self-refer. GHC Facility: A facility(hospital,medical center or health care center)owned, operated or otherwise designated by GHC. GHC Medicare Plan: A plan of coverage for persons enrolled in Medicare Part A(hospital insurance) and Part B (medical insurance). GHC Personal Physician: A provider who is employed by or contracted with GHC to provide primary care services to Members and is selected by each Member to provide or arrange for the provision of all non-emergent Covered Services, except for services set forth in the Agreement which a Member can access without a Referral. Personal Physicians must be capable of and licensed to provide the majority of primary health care services required by each Member. GHC Provider: The medical staff, clinic associate staff and allied health professionals employed by GHC, and any other health care professional or provider with whom GHC has contracted to provide health care services to Members enrolled under the Agreement, including,but not limited to physicians,podiatrists,nurses,physician assistants, social workers, optometrists,psychologists,physical therapists and other professionals engaged in the delivery of healthcare services who are licensed or certified to practice in accordance with Title 18 Revised Code of Washington. Group: An employer,union,welfare trust or bona-fide association which has entered into a Group Medical Coverage Agreement with GHC. Hospital Care: Those Medically Necessary services generally provided by acute general hospitals for admitted patients. Hospital Care does not include convalescent or custodial care,which can, in the opinion of the GHC Provider,be provided by a nursing home or convalescent care center. Lifetime Maximum: The maximum value of benefits provided for Covered Services under the Agreement after which benefits under the Agreement are no longer available as set forth in the Allowances Schedule. The value of Covered Services is based on the Fee Schedule, as defined above. The lifetime maximum applies to this Agreement or in combination with any other medical coverage agreement between GHC and Group. Medical Condition: A disease, illness or injury. Medically Necessary: Appropriate and clinically necessary services,as determined by GHC's Medical Director,or his/her designee,according to generally accepted principles of good medical practice,which are rendered to a Member for the diagnosis, care or treatment of a Medical Condition and which meet the standards set forth below. In order to be Medically Necessary, services and supplies must meet the following requirements: (a) are not solely for the convenience of the Member,his/her family or the provider of the services or supplies, (b)are the most appropriate level of service or supply which can be safely provided to the Member, (c)are for the diagnosis or treatment of an actual or existing Medical Condition unless being provided under GHC's schedule for preventive services, (d)are not for recreational, life-enhancing,relaxation or palliative therapy, except for treatment of terminal C31021-0036900 38 conditions,(e)are appropriate and consistent with the diagnosis and which, in accordance with accepted medical standards in the State of Washington, could not have been omitted without adversely affecting the Member's condition or the quality of health services rendered, (f)as to inpatient care, could not have been provided in a provider's office,the outpatient department of a hospital or a non-residential facility without affecting the Member's condition or quality of health services rendered, (g)are not primarily for research and data accumulation, and(h)are not experimental or investigational. The length and type of the treatment program and the frequency and modality of visits covered shall be determined by GHC's Medical Director, or his/her designee. In addition to being medically necessary,to be covered, services and supplies must be otherwise included as a Covered Service as set forth in Section IV. of the Agreement and not excluded from coverage. The cost of non-covered services and supplies shall be the responsibility of the Member. Medicare: The federal health insurance program for the aged and disabled. Member: Any Subscriber or Dependent enrolled under the Agreement. Out-of-Pocket Expenses: Those Cost Shares paid by the Subscriber or Member for Covered Services which are applied to the Out-of-Pocket Limit Out-of-Pocket Limit: The maximum amount of Out-of-Pocket Expenses incurred and paid during the calendar year for Covered Services received by the Subscriber and his/her Dependents within the same calendar year. The Out-of-Pocket Limit amount and Cost Shares that apply are set forth in the Allowances Schedule. Charges in excess of UCR, services in excess of any benefit level and services not covered by the Agreement are not applied to the Out-of-Pocket Limit Plan Coinsurance: The percentage amount the Member and GHC are required to pay for Covered Services received under the Agreement. Percentages for Covered Services are set forth in the Allowances Schedule.A coinsurance percentage not identified asPlan Coinsurance is a benefit specific coinsurance and does not apply to the Out-of-Pocket Limit except as otherwise specified under Section H. Out-of-Pocket Limit. Pre-Existing Condition: A condition for which there has been diagnosis,treatment or medical advice within the three(3)month period prior to the effective date of coverage. The Pre-Existing Condition wait period will begin on the first day of coverage, or the first day of the enrollment waiting period if earlier. Referral: A written temporary agreement requested in advance by a GHC Provider and approved by GHC that entitles a Member to receive Covered Services from a specified health care provider. Entitlement to such services shall not exceed the limits of the Referral and is subject to all terms and conditions of the Referral and the Agreement. Members who have a complex or serious medical or psychiatric condition may receive a standing Referral for specialist services. Residential Treatment: A term used to define facility-based treatment,which includes twenty-four(24)hours per day, seven(7)days per week rehabilitation. Residential Treatment services are provided in a facility specifically licensed in the state where it practices as a residential treatment center. Residential treatment centers provide active treatment of patients in a controlled environment requiring at least weekly physician visits and offering treatment by a multi-disciplinary team of licensed professionals. Self-Referred: Covered Services received by a Member from a designated women's health care specialist or GHC- Designated Self-Referral Specialist that are not referred by a GHC Personal Physician. Service Area: Washington counties of Benton, Columbia,Franklin,Island,King,Kitsap,Kittitas,Lewis,Mason, Pierce, San Juan, Skagit, Snohomish, Spokane, Thurston,Walla Walla,Whatcom,Whitman and Yakima,Idaho counties of Kootenai and Latah, and any other areas designated by GHC. Subscriber: A person employed by or belonging to the Group who meets all applicable eligibility requirements, is enrolled under the Agreement and for whom the premium specified in the Premium Schedule has been paid. Urgent Condition: The sudden,unexpected onset of a Medical Condition that is of sufficient severity to require medical treatment within twenty-four(24)hours of its onset. Usual,Customary and Reasonable(UCR): A term used to define the level of benefits which are payable by GHC when expenses are incurred from a non-GHC Provider. Expenses are considered Usual, Customary and Reasonable C31021-0036900 39 if the charges are consistent with those normally charged to others by the provider or organization for the same services or supplies,and the charges are within the general range of charges made by other providers in the same geographical area for the same services or supplies. C31021-0036900 40 w," Agenda Item: Consent Calendar - 7I TO: City Council DATE: December 13, 2011 SUBJECT: Washington Dental Service Administrative Services Contract - Authorize MOTION: Authorize the Mayor to sign the Washington Dental Services 2012 Administrative Services Agreement in an amount not to exceed $1,151,331, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The City is self-insured for its dental program. The 2012 WDS contract reflects a 20% increase in administrative fees. The annual cost for 2012 for the administrative services contract is $66,197. The overall projected cost of the city's self-insured plan (inclusive of administrative fees) is approximately $1,151,331 and is budgeted in the Health & Wellness Fund. EXHIBITS: 2012 WDS Administrative Services Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Budgeted in Health & Wellness fund Washington Dental Service City of Kent Plan#00611 Effective January 1, 2012 Summary of changes in Contract Language The contract has been consolidated with the removal of information previously duplicated between the contract and the Certificate of Coverage. The Certificate of Coverage has been incorporated into the contract as defined in Article 1. Article I Definitions Definition for"Certificate of Coverage" has been added. The following definitions have been removed and can be referenced in the certificate of Coverage, "Emergency Dental Condition", "Emergency Examination", "Exclusions", "Limitations", "Not a Paid Covered Benefit" and "Specialist" The definition of a Full Time Employee has been deleted and minimum hours requirement is now referenced in Appendix A Section A "Licensed Professional" definition has been incorporated into the "Dentist" definition Definition of"Plan" has been reworded for clarification Article III Monthly Payment Legislative surcharge clause has been added to this section Article IV Benefits Provided, Limitations and Exclusions' Timely Filing and additional procedures language have been deleted. This language is in the Certificate of Coverage. Article VI Coordination of Benefits (COB) Article VI —has been deleted. The full text is now in the Certificate of Coverage. Article VI WDS's Obligations This Article has been renumbered from Article VII to Article VI with the deletion of Coordination of Benefits Article VII Group's Obligations This Article has been renumbered from Article VIII to Article VII with the deletion of Coordination of Benefits Article VIII General Provisions Article 8.01 —This paragraph has been modified to include the group signature requirement. This Article has been renumbered from Article IX to Article VIII with the deletion of Coordination of Benefits Article IX Notice and Termination This Article has been renumbered from Article X to Article IX with the deletion of Coordination of Benefits Article X List of Appendices This Article has been renumbered from Article XI I to Article X with the deletion of Coordination of Benefits and Subrogation List has been revised Appendix A Employee Eligibility Requirements This section of the contract has been consolidated with the removal of information previously duplicated between the contract and the Certificate of Coverage. 2012-01-00611-RC-01 i Section A— Employee Eligibility has been rewritten to include the minimum hours requirement for a full-time employee Section C— Paragraphs 2, 3 and 4 relating to FMLA and COBRA have been removed from this document and now reside in the Certificate of Coverage. Section D— Paragraph 2 relating to Extension of Benefits has been removed from this document and now resides in the Certificate of Coverage. Appendix B Dependent Eligibility Requirements This section of the contract has been consolidated with the removal of information previously duplicated between the contract and the Certificate of Coverage. Section A— Dependent Eligibility has been rewritten to mirror Employee Eligibility Language for the contract. Dependent Eligibility language now resides in the Certificate of Coverage. Section C— Reference to the Certificate of Coverage for COBRA has been removed. Section D— Paragraph 2 relating to Extension of Benefits has been removed from this document and now resides in the Certificate of Coverage. Section E—Paragraphs relating to Dependent Enrollment rules and Special Enrollments have been removed from this document and now reside in the Certificate of Coverage. Appendix C Covered Dental Benefits, Limitations and Exclusions This Appendix has been deleted as duplicated between the Contract and the Certificate of Coverage. All subsequent Appendices have been renumbered. Please refer to the Certificate of Coverage for this information. Appendix C Method of Payment This Article has been renumbered from Appendix D to Appendix C with the deletion of Covered Dental Benefits, Limitations and Exclusions Appendix D Groups Financial Obligations This Article has been renumbered from Appendix E to Appendix D with the deletion of Covered Dental Benefits, Limitations and Exclusions Plan information has been updated for this renewal Legislative surcharge clause has been deleted from this section Appendix F Continuation of Coverage—"COBRA" COBRA language has been removed from the contract and rests solely in the Certificate of Coverage Summary of changes in the Certificate of Coverage Choosing a Dentists, and descriptions of dentists have been rewritten for clarification. Finding a Dentist: Language has been added. Predetermination of Benefits: New language has been added for clarification of procedure around predeterminations Necessary vs. Not Covered Treatment: Language has been added to the Certificate of Coverage. Benefits Covered By Your Plan: This section has been rewritten for clarification and new language recommending consulting the provider prior to treatment has been added. 2012-01-00611-RC-01 ii Class I: The note advising consulting the provider has been moved to "Benefits Covered by Your Plan" The note after this section referring to General Limitations and General Exclusions has been deleted. Diagnostic: This section has been rewritten for clarification of process with no change in benefits. Preventive: This section has been rewritten for clarification of process with no change in benefits. Preventive Resin Restoration language has been added. Periodontics: This section has been rewritten for clarification of process with no change in benefits. Class II: The note advising consulting the provider has been moved to "Benefits Covered by Your Plan" The note after this section referring to General Limitations and General Exclusions has been deleted. Sedation: General Anesthesia & Intravenous Sedation: have been combined and rewritten for clarification of process with no change in benefits. Restorative: This section has been rewritten for clarification of process with no change in benefits. Periodontics: Reference to crown and bridgework in conjunction with periodontal splinting have been deleted with no change in benefits. Gingival curettage has been deleted as an invalid reference with no change in benefits. Class III: The note advising consulting the provider has been moved to "Benefits Covered by Your Plan" The note after this section referring to General Limitations and General Exclusions has been deleted. Restorative: This section has been rewritten for clarification of process with no change in benefits. Prosthodontics: This section has been rewritten for clarification of process with no change in benefits. Orthodontic Benefits: The note after this section referring to General Limitations and General Exclusions has been deleted. Well Baby Checkups: This language has been moved from the inside front cover to a new location after"Benefits Covered by Your plan". Additional Procedures: New Language has been added. Coordination of Benefits: This section has been moved to a new location and complete revised to match the Washington State requirement language for COB 2012-01-00611-RC-01 iii Washington Dental Service Dental Care Service Contract WDS Plan#00611 Name of Group: City of Kent Herein called Group, agrees to a Dental Care Service Contract with Washington Dental Service, herein called WDS. The effective date of this Contract shall be 12:01 a.m. Pacific Time on the first day of January, 2012 at Seattle, Washington, and shall run for a period of two years. This Contract is issued and delivered in the state of Washington and is governed by Washington state laws. It is subject to the terms set forth on the subsequent pages, appendices and amendments, which are a part of this Contract. Accepted by: Accepted by: City of Kent Washington Dental Service 220 4th Avenue South Post Office Box 75983 Kent,Washington 98032 Seattle,Washington 98175-0983 By By Title Title S for Vice resident Underwriting &Actuarial Date Date October 29, 2011 2012-01-00611-RC-01 - 1 - SMREV[2011-01-31] Article I— Definitions For the purpose of this Contract, the following definitions shall apply: 1.01 "Administrative Fee" means the monthly amount payable by Group to cover claims paid by WDS and as designated in Appendix D. 1.02 "Benefit Period" means the period beginning January 1 and ending December 31. 1.03 "Certificate of Coverage" means the benefits booklet which describes in summary form the essential features of the contract coverage, and to or for whom the benefits hereunder are payable. In the event that contracts are changed or amended, new certificates or a clearly understandable benefit booklet insert to existing certificates shall be furnished. The Certificate of Coverage is incorporated into this contract by this reference as if the contents thereof were fully set out herein. 1.04 "Contract" means this agreement between WDS and Group. This Contract constitutes the entire Contract between the parties and supersedes any prior agreement, understanding or negotiation between the parties. 1.05 "Contract Term" means the time period specified in Appendix D. 1.06 "Covered Dental Benefits" means those dental services that are covered under this Contract, subject to the Limitations set forth in The Certificate of Coverage. 1.07 "Delta Dental" means Delta Dental Plans Association, which is a nationwide non-profit organization of health care service plans, which offers a range of group dental benefit Plans. 1.08 "Delta Dental PPO Dentist" means a Participating Dentist who has agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental PPO Participating Dentist Agreement between the Participating Plan and such Dentist, which includes looking solely to Delta Dental for payment for covered services. 1.09 "Delta Dental Participating Dentist" means a licensed Dentist who has agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental Participating Dentist Agreement between WDS/Delta Dental and such Dentist, which includes looking solely to Delta Dental for payment for covered services. 1.10 "Dentist" means a licensed Dentist legally authorized to practice dentistry at the time and in the place services are performed. This Contract provides for covered services only if those services are performed by or under direction of a licensed Dentist or other WDS-approved Licensed Professional (a Licensed Professional means an individual legally authorized to perform services as defined in their license. Licensed Professional includes, but is not limited to a denturist, hygienist and radiology technician). A "Licensed Dentist" does not mean a dental mechanic or any other type of dental technician. 1.11 "Eligibility Date" means the date on which an Eligible Person's benefits become effective under the terms of this Contract. 1.12 "Eligible Dependent" means any dependent of an Eligible Employee who meets the conditions of eligibility set forth in Appendix B. 1.13 "Eligible Employee" means any employee who meets the conditions of eligibility set forth in Appendix A. 1.14 "Eligible Person" means an Eligible Employee or an Eligible Dependent. 1.15 "Filed Fee" means the approved fee accepted by WDS for a specific dental procedure performed by a WDS/Delta Dental Participating Dentist submitting that fee and performing the dental service. 1.16 "Group" means the employer or entity that is contracting for dental benefits for its employees in this contract. 1.17 "Maximum Allowable Fees" means the maximum dollar amount that will be allowed toward the reimbursement for any service provided for a Covered Dental Benefit. 2012-01-00611-RC-01 -2- 1.18 "Nonparticipating Dentist" means a licensed Dentist who has not agreed to render services and receive payment in accordance with the terms and conditions of a written Participating Dentist Agreement between WDS and such Dentist. 1.19 "Open Enrollment Period" means the annual period in which Eligible Employees can select benefits Plans and add or delete Eligible Dependents. 1.20 "Payment Level" means the applicable percentage of Maximum Allowable Fees for Covered Dental Benefits that shall be paid by WDS asset forth in Appendix C. 1.21 "Plan" means this contract that provides dental benefits. Any other contract that provides dental benefits and meets the definition of a "Plan" in the "Coordination of Benefits" section of the Certificate of Coverage is a Plan for the purpose of coordination of benefits. 1.22 "Premium" means the monthly amount payable by Group as designated in Appendix D. 1.23 "WDS" means Washington Dental Service, a nonprofit corporation incorporated in Washington state. Washington Dental Service is a member of the Delta Dental Plans Association. Article II—Eligibility 2.01 Every person who meets the conditions of eligibility as set forth in Appendix A or Appendix B is eligible for dental benefits for the purposes of this Contract. 2.02 Group shall submit a list of Eligible Persons to WDS prior to the beginning of each monthly eligibility period. Article III —Monthly Payment 3.01 The monthly Administrative Fee and claims payment, to be remitted fully by Group, is determined as set forth in Appendix D. 3.02 Subsequent Administrative Fee shall be paid to WDS as described in Appendix D for each calendar month for which benefits are to be provided. No person shall be entitled to benefits under this Contract during any month for which Administrative Fee payment has not been received by WDS. 3.03 Claim Reimbursement is due as described in Appendix D. The total amount of claims payment shall be transferred, via wire transfer, to the appropriate WDS bank account. If payment is not received within 30 days WDS may give written notice that payment is due and may, at its option, terminate all benefits and be released from all further obligations as set forth in Article IX entitled "Notice and Termination." 3.04 WDS shall accept retroactive additions to eligibility (payments) that are received by WDS within 60 days of the requested effective date. 3.05 WDS shall accept retroactive terminations of eligibility (credits) that are received by WDS within 60 days of the requested termination date, or to the end of the month of the last paid claim of termed Eligible Person, whichever is later. 3.06 WDS shall not be obligated to refund paid claims for treatment from providers when the treatment was performed in good faith that eligibility was current and accurate at the time of treatment. 3.07 Legislative Surcharge Clause —if any governmental unit imposes any new tax or assessment or increases the rate of any current tax or assessment that is measured directly by the payments made to WDS by Group, then WDS is authorized to increase the monthly Premium by the amount of such new tax, assessment or increase. Article IV—Benefits Provided, Limitations and Exclusions 4.01 Covered Dental Benefits, Limitations and Exclusions are as described in the Certificate of Coverage and are subject to the Plan maximum and deductible, as described in Appendix C. 4.02 The percentages of the Maximum Allowable Fee, Filed Fee or the Dentists' actual charges payable by WDS for Covered Dental Benefits provided to an Eligible Person are described in Appendix C. 2012-01-00611-RC-01 -3- 4.03 If there are two or more professionally acceptable plans of dental treatment, the Plan will pay the appropriate percentage of the lowest fee as indicated in Appendix C. The remaining amount will be the Eligible Person's responsibility. 4.04 Payment for services provided by a Delta Dental Participating Dentist shall be made directly to the Dentist. Contracts between Delta Dental and its Delta Dental Participating Dentists provide that, if Delta Dental fails to pay the dentist, the Eligible Person shall not be liable to the dentist for any sums owed by Delta Dental. Article V—Conditions for Benefits —Dispute Determination Procedures 5.01 Covered Dental Benefits are available for an Eligible Person from the Eligibility Date until such eligibility terminates. 5.02 An Eligible Person may elect the services of any licensed Dentist. WDS is not responsible for availability of any particular licensed Dentist. 5.03 WDS shall be entitled to receive from any attending Dentist, or from hospitals in which a Dentist's care is rendered, any records relating to treatment rendered to an Eligible Person as may be required in the administration of claims. 5.04 Provider dispute resolution process is available as outlined in individual provider contracts. 5.05 To determine Covered Dental Benefits for certain treatments, WDS may require an Eligible Person to obtain an examination from a WDS-appointed consultant Dentist. WDS will pay 100 percent of the charges incurred for the examination. Article VI —WDS's Obligations 6.01 WDS shall issue to Group—at no additional cost—standard WDS benefit booklets summarizing the Covered Dental Benefits and other essential features of the Plan. If any amendment to this Contract materially affects any benefits described in such booklets, corrected booklets or booklet inserts showing the change shall be issued to Group. A new booklet shall be created upon initial inception of Contract and every other year thereafter. An insert will be created and sent in the year in which a booklet is not produced. If Group requests a new or updated booklet for alternate years, Group shall reimburse WDS for the expense of producing the booklet. Group shall also reimburse WDS for any charges for variation in booklet size or paper. WDS shall provide to Group one printed booklet for each Eligible Employee enrolled in the plan with an additional 10 percent reserve supply. Upon approval WDS shall have booklets delivered to Group within 15 business days. 6.02 WDS shall provide descriptions of predetermination, claim review, complaint and appeal procedures and grievance procedures in the benefit booklets issued to Group. 6.03 If a Dentist or an Eligible Person requests a predetermination of benefits, WDS shall predetermine benefits when satisfied that the person for whom the predetermination is requested is an Eligible Person. Such predetermination of benefits shall be for a reasonable period of time, but no longer than such person's period of eligibility. Predeterminations are not an authorization for services but a notification of Covered Dental Benefits available and are not a guarantee of payment. 6.04 WDS shall not be obligated to make payment for any services rendered to a person who is not an Eligible Person at the time the services were performed. 6.05 WDS may provide professional review of the adequacy and appropriateness of services rendered to Eligible Persons through its Quality Management and Clinical Review processes. 6.06 WDS shall provide WDS/Delta Dental Participating Dentist Directories to Group. This directory is also available on-line at www.DeltaDentalWA.com. It is understood that the composition of such directory is subject to change. WDS reserves the right to change the directory without notice. Each Eligible Person is free to select a Dentist of his or her choice. WDS shall not be held liable for any act or omission on the part of the selected Dentist. Nothing contained in this Contract shall be construed as obligating WDS to render dental services, its sole obligation being to pay the agreed-upon portion of Dentist's charges for Covered Dental Benefits in accordance with the terms of this Contract. 2012-01-00611-RC-01 -4- Article VII—Group's Obligations 7.01 Group shall provide information to all Eligible Employees as to the existence and terms of this Contract. Group shall make available to each Eligible Employee, booklets summarizing the Covered Dental Benefits and other essential features of the Plan. 7.02 Group shall permit WDS, at WDS's expense, on reasonable advance written notice, to inspect eligibility records in order to verify the accuracy of information submitted to WDS. An equitable adjustment of Administrative Fee shall be made in the event of inadvertent clerical errors or delays in reporting eligibility. 7.03 Group shall sign and return any and all Contract documents within 30 days of the effective date or the date WDS mails the Contract document to Group or its authorized representative or agent, whichever is later. 7.04 If a signed Contract or any changes affecting the Contract provisions are not received by WDS from the Group or the Group's legal representative(s) within 30 days following the effective date or the date WDS mails the contract to Group or its authorized representative or agent, whichever is later, but Group remits Administrative Fee as stipulated in Appendix D for the first month of this Contract term, the group will be deemed by WDS to have agreed to the terms of this Contract as stated, including acceptance of rates, Contract language and provisions. WDS will process claims on the effective date according to these Contract provisions. Article VIII—General Provisions 8.01 No change in this Contract shall be valid unless evidenced by written amendment signed by both the President of WDS and by the President of Group, or their respective designee. 8.02 Legal action to recover benefits provided for in this Contract may not be initiated prior to 60 days after receipt of claim by WDS. In addition, such legal action must commence within six years from the date the claim was received by WDS. 8.03 Any provision of this Contract that is in conflict with any governing law or regulation of the state of Washington is hereby amended to comply with the minimum requirements of such law or regulation. 8.04 Indemnification WDS shall indemnify and hold harmless Group, its affiliates and their respective directors, officers, employees and agents, for that portion of any liability, settlement and related expense (including reasonable attorneys'fees) resulting solely and directly from WDS's breach of this Agreement, negligence, willful misconduct, criminal conduct, fraud or its breach of a fiduciary responsibility related to or arising out of this Agreement. Group shall indemnify and hold harmless WDS, its affiliates and their respective directors, officers, employees and agents, for that portion of any liability, settlement and related expense (including reasonable attorneys'fees) resulting solely and directly from Group's breach of this Agreement, negligence, willful misconduct, criminal conduct, fraud or its breach of a fiduciary responsibility related to or arising out of this Agreement. 8.05 Force Majeure In the event WDS is unable to perform its obligations hereunder by reason of fire, casualty, lockout, strike, labor condition, riot, war, act of God or by ordinance, law, order or decree of any legally constituted authority, then this Contract may, at the option of WDS, be suspended. During any period of suspension, WDS shall not be required to perform any service hereunder, nor shall WDS be liable for any damages arising from any event that precipitated the suspension. If this Contract is suspended pursuant to this provision, Group's obligation to make Administrative Fee payments shall also be suspended for the same period of time. 8.06 WDS and Group will act in accordance with applicable state and federal privacy requirements and disclosure requirements, such as the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA), including any applicable regulations. 2012-01-00611-RC-01 -5- 8.07 For the purposes of this contract, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to domestic partnerships or individuals in domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary, gender-specific terms such as husband and wife used in any part of this contract shall be construed to be gender neutral, and applicable to individuals in domestic partnerships. Article IX—Notice and Termination 9.01 Any notice under this Contract shall be sufficient if given by either Group or WDS by regular mail to the other addressed to the office stated on the front page of this Contract or to such other address as may be designated by written notice to the other. 9.02 This Contract may be terminated at the end of the Contract Term by either Group or WDS giving written notice to the other at least 30 days prior to the end of the Contract Term. 9.03 In the event of termination for failure to pay Administrative Fee and claims payment, all benefits shall terminate and WDS shall be released from all further obligations of this Contract. Group shall remain liable to WDS for the full amount of all Dentists' statements paid or otherwise discharged by WDS during the full term of this Contract, plus the appropriate percentage of such amount (to compensate WDS for its administration of the dental program), less amounts actually paid by Group to WDS during the term of such Contract (see Appendix D). 9.04 Termination at the end of the Contract Term shall be by at least 30 days written notice of termination given by the party desiring to terminate to the other party. In the event that WDS shall desire to change the administrative percentage or benefits effective at the end of the Contract Term, advice of such changes may be given to Group in writing within such 30 day period, and shall have the effect of a notice of termination, as of the end of the Contract Term, unless an amendment of this Contract is mutually agreed upon between Group and WDS. 9.05 If Group notifies WDS in writing of its intention to terminate this Contract as of any date other than the end of the Contract Term, such termination shall be treated as a termination for failure to pay Administrative Fees and claims payment, and the notice by Group of intention to terminate shall constitute a waiver of notification and billing by WDS. 9.06 Upon termination of this Plan, all expenses incurred prior to the termination of the Plan, but not submitted to Washington Dental Service within six months of the effective date of termination of this Plan, will be excluded from any benefit consideration. Article X— List of Appendices 10.01 The attached appendices are a part of this Contract. Appendices are identified as follows: Appendix A— Employee Eligibility Requirements Appendix B— Dependent Eligibility Requirements Appendix C— Method of Payment Appendix D—Group's Financial Obligations 2012-01-00611-RC-01 -6- Appendix A. Employee Eligibility Requirements Section A Definition of Eligible Employee An employee of the City of Kent is eligible to enroll on the date he or she satisfies the following: • Becomes an active full-time nonuniformed employee who regularly works a minimum of 40 hours a week. • Becomes an active part-time nonuniformed employee who regularly works a minimum of 21 hours a week but less than 40 hours a week on a continuous service basis. • An approved job share employee working at least 20 hours per week. • Becomes an active uniformed employee. Uniformed employees are defined as follows: LEOFF I Employees - Full-time active law enforcement officers or fire fighters who established membership in the LEOFF system as defined in Sections (3) and (4), CH131, Law of 1972 1st Ex. Sess. prior to October 1, 1977.* LEOFF 11 Employees - Full-time active law enforcement officers or fire fighters who established membership in the LEOFF System as defined in Sections (3) and (4), CH131, Law of 1972 1st Ex. Sess. on or after October 1, 1977. • Becomes an elected Council Member for the City of Kent. • The benefit provisions of this policy are available to City of Kent Council members only as a secondary source of insurance benefit. If the insured Council member does not have insurance from a primary source, benefits in this policy will be primary. *Retired LEOFF I employees and retired disabled LEOFF I employees who are eligible to receive a retirement benefit under the LEOFF I Retirement Plan may enroll in the City of Kent Retiree Plan. Section B Effective Date of Coverage Eligible Employees (as defined in Section A) are eligible on the effective date of this Contract. An employee hired after the effective date of this Contract shall become eligible on the date of hire. Section C Continuation of Coverage An employee shall continue to be eligible during the time this Contract is in effect as long as the employee remains an Eligible Employee as defined above. While satisfying the various requirements of the FMLA and COBRA laws rests primarily with the Group, WDS will fully cooperate with Group in complying with these laws. Leave of Absence Coverage for a subscriber and enrolled dependents may be continued for up to 180 days when the employer grants the subscriber a leave of absence and subscription charges continue to be paid. If a medical leave is granted, the City of Kent may pay the required monthly charge for the employee and enrolled dependents for up to 180 days. The 180-day leave of absence period counts toward the maximum COBRA continuation period, except as prohibited by the Family and Medical Leave Act of 1993. Section D Termination of Coverage An employee shall cease to be eligible at the end of the calendar month in which the employee ceases to be an Eligible Employee as defined above or upon termination of this Contract, whichever occurs first. 2012-01-00611-RC-01 -7 - Section E Enrollment Requirements All Eligible Employees enrolled in the Group-sponsored medical Plan must be enrolled in the dental Plan under this contract regardless of whether or not enrolled as a dependent in another dental Plan. Employees who are not enrolled in the Group-sponsored medical Plan may not enroll in the dental Plan under this contract. Each Eligible Employee must complete an enrollment form. WDS must receive the completed form within 60 days of the employee's Eligibility Date as defined in Section B. If the enrollment form is not received within 60 days, enrollment will not be accepted until the next open enrollment period. 2012-01-00611-RC-01 -8- Appendix B. Dependent Eligibility Requirements Section A Definition of Eligible Dependent An Eligible Dependent is a dependent of an Eligible Employee, for whom monthly Premium has been submitted to WDS. To be a dependent under this plan, the family member must be: • The lawful spouse of the subscriber, unless legally separated. • An eligible child under 26 years of age. Spouses and children of married dependents are not eligible for coverage under this plan. (Eligibility and enrollment requirements for children placed for adoption and children covered because of a court decree can be found later in this section.) o An eligible child is one of the following: • A natural offspring of either or both the subscriber or spouse • A legally adopted child of either or both the subscriber or spouse • A child placed with the subscriber for the purpose of legal adoption in accordance with state law. "Placed" for adoption means assumption and retention by the subscriber of a legal obligation for total or partial support of a child in anticipation of adoption of such child • A legally placed ward of the subscriber or spouse living permanently in the home of the subscriber Foster children aren't eligible for coverage. Domestic Partner is defined as follows: Effective January 1, 2009 the City of Kent will be expanding the eligibility under their health insurance programs to include coverage for same sex domestic partners who have registered with the State of Washington as Domestic Partners (opposite sex age 62 and over). Coverage will also be available to children of Registered Domestic Partners who meet the age and other requirements of the City's health care plans. Upon termination of a domestic partner relationship, an employee must submit a Notice of Termination of State Registered Domestic Partnership acknowledging that the relationship has ended. Coverage for domestic partners and their dependent children will cease on the last day of the month the domestic partner relationship has ended. The rules for the State Registry are as follows, To enter into a state registered domestic partnership the two persons involved must meet the following requirements: 1) Both persons share a common residence, 2) Both persons are at least eighteen years of age, 3) Neither person is married to someone other than the party to the domestic partnership and neither person is in a state registered domestic partnership with another person, 4) Both persons are capable of consenting to the domestic partnership, 5) Both of the following are true: a) The persons are not nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law, and b) Neither person is a sibling, child, grandchild, aunt, uncle, niece, or nephew to the other person, and 6) Either a) both persons are members of the same sex. Dependent eligibility validation documentation and information shall be maintained and verified by Group. 2012-01-00611-RC-01 -9 - Section B Effective Date of Coverage Coverage for an Eligible Dependent shall become effective on the date the Eligible Employee's coverage becomes effective or the date of previous coverage termination. Section C Continuation of Coverage A dependent shall continue to be eligible while this Contract is in effect as long as the dependent remains an Eligible Dependent as defined above and Group has made timely payment of the monthly Administrative Fees on behalf of the dependent to WDS. While satisfying the various requirements of the FMLA and COBRA laws rests primarily with the Group, WDS will fully cooperate with Group in complying with these laws. Section D Termination of Coverage An Eligible Dependent shall cease to be eligible at the end of the calendar month during which the Eligible Employee's eligibility terminates or the person no longer meets the definition of an Eligible Dependent, whichever occurs first. In any event, eligibility for a dependent shall terminate at the end of the calendar month for which timely payment of the monthly Administrative Fees were last received by WDS from Group or upon termination of this Contract, whichever occurs first. An Eligible Employee may terminate coverage of an Eligible Dependent only coincident with a subsequent renewal or extension of the dental Plan. Once an Eligible Employee terminates such Eligible Dependents coverage, the coverage cannot be reinstated, unless there is a change in family status. Section E Enrollment Requirements Eligible Dependents enrolled in the Group-sponsored medical Plan of the Eligible Employee must also be enrolled in the dental Plan under this Contract provided they satisfy the dental eligibility requirements as provided in Section A of this Appendix B. A family member not covered under the Group-sponsored medical Plan cannot be covered under the dental Plan under this contract. When a family member is dropped from either the medical Plan or the dental Plan, the family member must also be dropped from the other Plan. If a new family member is not enrolled in this dental Plan pursuant to the rules set forth above, such person shall not be eligible for Covered Dental Benefits during the then-current Contract Term. Such person may become eligible by proper enrollment coincident with the effective date of any renewal or extension of this Contract. 2012-01-00611-RC-01 - 10- Appendix C. Method of Payment Section A Constant Payment Plan Fees for Covered Dental Benefits provided to an Eligible Person are based on the following: • A WDS PPO Participating Dentist in the state of Washington, based on the lesser of the Dentists allowable PPO fees, or such Dentist's actual charges, • A Delta Dental PPO Participating Dentist outside of the state of Washington, based on the lesser of that states allowable PPO fees or the Dentist's actual charges, • A WDS Premier Participating Dentist in the state of Washington, based on the lesser of the Dentists approved Premier fees, or such Dentist's actual charges, • A Delta Dental Participating Dentist outside of the state of Washington, based on the lesser of that states allowable Premier fees, or such Dentist's actual charges, • A Nonparticipating Dentist in the state of Washington based on the lesser of WDS's Maximum Allowable Fees for Nonparticipating Dentists, or such Dentist's actual charges, • A Nonparticipating Dentist outside the state of Washington based on the lesser of WDS's Maximum Allowable Fees for Participating Dentists, or such Dentist's actual charges. The percentages of the above-indicated fee payable by WDS for Covered Dental Benefits are as follows: 100 PERCENT, GROUP WDS PPO Participating WDS Participating Dentists HEALTH, HSA AND 80 Dentists PERCENT MEDICAL PLANS Dentists outside of Nonparticipating Dentists in Covered Dental Benefits Washington State Washington State Class 1 100 percent 100 percent Class 11 80 percent 80 percent Class 111 80 percent 80 ercent Orthodontic 50 percent 50 ercent Accidental Bodily Injury 100 percent 100 percent RETIREES Covered Dental Benefits WDS PPO Participating WDS Participating Dentists Dentists Dentists outside of Nonparticipating Dentists in Washington State Washington State Class 1 100 percent 100 percent Class 11 80 percent 80 ercent Class III 50 percent 50 percent Orthodontic 50 percent 50 percent Accidental Bodily Injury 100 percent 100 percent 2012-01-00611-RC-01 - 11 - Section B Plan Maximum FOR ENROLLEES IN THE 100 PERCENT& GROUP HEALTH MEDICAL PLAN The maximum amount payable by WDS for Class I, II and III Covered Dental Benefits (including Dental Accident Benefits) per Eligible Person during each Benefit Period shall be $1,500. Charges for dental procedures requiring multiple treatment dates shall be considered incurred on the date the service is completed. Amounts for such procedures shall be applied to the Plan maximum based on such incurred date. FOR ENROLLEES IN THE HSA AND 80 PERCENT MEDICAL PLAN The maximum amount payable by WDS for Class I, II and III Covered Dental Benefits (including Dental Accident Benefits) per Eligible Person during each Benefit Period shall be $1,800. Charges for dental procedures requiring multiple treatment dates shall be considered incurred on the date the service is completed. Amounts for such procedures shall be applied to the Plan maximum based on such incurred date. FOR BOTH PLANS The lifetime maximum amount payable by WDS for Orthodontic Benefits provided to an Eligible Person shall be $1,800. FOR RETIREES The maximum amount payable by WDS for Class I, II and III Covered Dental Benefits (including Dental Accident Benefits) per Eligible Person during each Benefit Period shall be $1,500. Charges for dental procedures requiring multiple treatment dates shall be considered incurred on the date the service is completed. Amounts for such procedures shall be applied to the Plan maximum based on such incurred date. The lifetime maximum amount payable by WDS for Orthodontic Benefits provided to an Eligible Person shall be $1,000. Section C Plan Deductible WDS shall not be obligated to pay the first $50 of fees for Covered Dental Benefits received by an Eligible Person during each Benefit Period. Such deductible amount shall not exceed three times the individual deductible or $150 during each Benefit Period for all Eligible Persons in a single family consisting of an Eligible Employee and Eligible Dependents. Once the maximum deductible per family has been satisfied, no further deduction shall apply until the next succeeding Benefit Period. The deductible does not apply to Class I Covered Dental Benefits, Orthodontic Benefits or Dental Accident Benefits. 2012-01-00611-RC-01 - 12- Appendix D. Group's Financial Obligations Section A Monthly Premium Claim Reimbursement WDS shall notify Group, on the last WDS payment day of each calendar month, the actual amount of claims paid by WDS for that month. Notification will be via Fax letter which will constitute an invoice. Group will then have two business days to transfer funds electronically to the appropriate WDS bank account an amount equal to total claims paid for the month. Funds are due on the date notified. If the funds are not transferred within five days of notification, a late fee of one percent of claims will be charged. An additional late charge of one percent of claims will be charged for each subsequent 30 day period for which payment is not received. The charges shall be submitted by WDS with a subsequent payment notification. Administrative Fee The monthly Administrative Fee payable by Group under this Contract Term during the period January 1, 2012 through December 31, 2013 shall be $6.35 per Eligible Employee. Group's payment shall be in the form of a check or electronic transfer and shall accompany the eligibility listing. WDS will then update the files and send a new billing to Group for the next month of coverage. 2012-01-00611-RC-01 - 13- KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: December 13, 2011 SUBJECT: 2011 City Art Plan Reassignment of Funds - Approve MOTION: Approve the reassignment of City Art Plan Funds in an amount of $40,200, to support a Youth Media Art Program and add an art element to the Municipal Court remodel. SUMMARY: On October 25, 2011, the Kent Arts Commission recommended that funding be reassigned within the existing 2011 City Art Budget. These recommenda- tions were made in order to support a Youth Media Art Program and to add an art element to the Municipal Court Remodel. Attached is a Staff Report detailing the two proposed projects. Also attached is a revised copy of the 2011 City Art Plan with the additional projects marked in bold and the deletions shown with strikethroughs. EXHIBITS: Staff report, Revised 2011 City Art Plan Budget and narratives RECOMMENDED BY: Parks & Human Services Committee BUDGET IMPACTS: None PARKS, RECREATION AND COMMUNITY SERVICES )eff Watling, Director 40! Phone; 253-856-5.100 11111t7�K Fax' 253-856-6050 KENT Address; 220 Fourth Avenue 5. Kent, WA, 98032-5895 November 17, 2011 TO: Kent City Council Parks and Human Services Committee FIROM, Cheryl dos Rernedlos, Vlsuall Arts Coordinator THROUGH: Jeff Wathng, Director of Parks, Recreation & Community Services SUIBJECT. Staiff Report. Detail of 2011 City Art Plan Reassignment of Funds Youth L-,P Media Ar (p ---- --. _Je,c;t This art project would raise awareness about food security issues in Kent. The Kent Arts Cornmissilon believes that this media art proJect could empower the youth who are being impacted by food scarcity during these difficult economic tirries, while simultaneously empoojering the braider community. In October, new stafi;dcs revealed that 25'% of Kent residents are living below the pcveity line. Furthermore, FEMA is no longer funding the Kent Food Bank because unempk)yment across King County is lower than sonie of our nation's other CC)UntjeS, 1"hls project WOUld pro0de Kent youth the opportunity to take the lead on producing artful, -reanirgfol and professional quality video segments. The, video could he br-oadcast on Kent TV 21, KCTV channel 22 and otlhel, pulDlically operated stations. Segments could also be shared through soclal networking - with the express intent of creating meaningfil.il connections beLvieen the Kent community and Other communities in King County. Housing FA Hunrion Services would be the City partner on tNs project. An Opel) Call for Artists and Producers WMIld be issued for $9,500. The selected Lead Artist and Production Company would work with Kent youth to produce a proression,al quality rnedia artwork The $9,500 in funding would be reassigned frorn Parks Planning Capital Projects that are on hold. 11"he goal wculd be to have this cLgitai art projcct ready for viewing in Spring 201.2, MuM=ni- jL lipz I CqqcttjtLj.9e Aftoxjrl� . _.._ . _ — On October 25, 2011 the Kent Arts Cornmission recornmended that funding be re,assigned within the existing 2019. City Art i This recornirnenclation was made in order to add an ark Plernent to the Municill Court remodel. Working with the Arch tech and Facilities Staff, an opportunity for, artwork has been identified, ircaferred to as the "Center Separation Barrier Artwork." This barrier would be located at tfie main entry where there is currently a rope and stanchions in place. The proposed integrated artwork WOUld Prevent someone fl-OFn Stel out of line and avoiding the rnetal detector, It wound also keep the exit aisle clear from the people entering the building, The artwork we be designed to maintain visibility for police and security guards, allowing there to li tabs on who is leaving the building, The barrier WOUld be about 15 feet long and I-etween 3,16 - 54 inches Nigh. It could be made of metal, rnei:all mesh or thick safety glass. It coLj1( take the form of a screen or a railing. Facilities WOUld be ne city partner on this project. An Invitational Call for Artists would be issued using 4Culiture's Roster of artists who have already, been through a public selection process, A city Councilmernber and Judge would be invited to serve on the Selection Panel, along with other key team members, as perr oUr normal Process, The selected Artist would design, fabricate and install the artwork for $32,500 This fUrdirg ($2,400) curribirres construction credits With City Art funds that were previously assigned to Parks Planning Capital Projects that are on hold. The goal would be to have the "Center Separation Barrier Artwork" completed by March 2012, but everyone or the project tearn understands that this is a very tight tiirnelWe. Rope and stanchions can continue to be used in the interim, 2 CITY OF KENIT Parks, Recreation & Cornanunity Services Kent Arts Commission 2011 CITY ART PLAN DRAFT with PROPOSED CHANGES marked with `* and DELETIONS with strikethruulgh Reassign Funds to the Youth Media Art Project and Ntiunicipai Courthouse Art Project _ ........ FIVE YEAR CITY ART ELAN, 2011 .2015 Ordinance 2552 Approved Visuual Arts C ollrin- U.e — Kent Arts Commission City Cou.rdl :Sub-Cornmittrae:.._...- — ._.....v....... ............. n City Council ,._..._..— ................. CITY OF KENT Parks, Recreation & Community Services Kent ArtS Cooll'nission 2011 CITY ART PLAN VIRAFTwitb PROPOSED CHANGES markod with " and DELETIONS with strikethrough Reassign Funds to the Youth Media Art Project and Municipal Courthouse Art Project New Projects 2011 Budget COMITILInilty Project Artwork: Youth Media Art Project 9r500 GipiUil-Pfeject-AfLwork' 7,4)oo Capital ProjW, Artwork: Earthworks Bicycle Tour ArCwork 50,00o C(,,mmonity Project Artwork: PaPtf)00' trake fiber Art Program 12,000 P/d-n 275oo Cap iLal Proj .CC, Artwork: Arb.st Designed Historic and PoN c Art 15,0100, 5ignage Youth Artwork 5,000 Portable Purcnases: 5urrmr er Art Exhibit Porchase Pmgrarn S'000 Collection MaIncenance and Programming 12,331 �rOTAL 2011 ...................................... ...........- ................................... . .............. OTHER EXPENSES Salai y & Adrn1Jrq5trCatiQJ 1 (5 r, Upplje'S' professiontifl sci vices, malnt(2nanceftepair) ...................................... TOTAL 2011 BUDGET FOR 10006223.4310 $1190605 Taa ---------------------- - tal $2 capita 114,213 x 2 4228,436 ----------------------------- . . ........... Previo19sIy4I?prqycq Projects In-Motion Callital Project Artwork: Capital Project Artwork, MyniqiRq! qourtlyouse Artwork —----------------------- ----------— f-ka Capital Project Artwork: Earthworks IrIerpietive & Pzbhc Access $20,000 Program ........................ ...... ------------- Anticipated Expenditures $279,136 2 ----------------------------- ----------- KENT ARTS COMMISSION 1 2011 CITY ART PLAN NARRATIVE - ----------- -- *w PrqLeq _Tit he- Community Project Artwork: Food Security Youth Media Art Project Praj eLt1t.1Desc1Jp1LQn., The Kent Arts Commission is working with Housing and Human Services support a Youth Media Art Program that would raise awareness about food security issues in Kent. The Kent its Commission believes that this media art project will empower the youth who are being impacted by food scarcity issues during these difficult economic times, while simultaneously empowering the broader community. Estimated Costst $,91500 Fund 2011 City Art Plan flackro�md: In October, new statistics revealed that 25% of Kent residents are living below the poverty line. Furthermore, FEMA is no longer funding the Kent Food Bank because unernployment across King County is lower than some of our nation's other counties. This Project would provide Kent youth the opportunity to take the lead on producing artful, meaningful and professional quality video segments. This media project would encourage a stronger connection between the Kent community and other communities in Kiing Couinty. Location: Kent TV 21, KCTV channel 22 and other publically operated stations, along with social networking sites such as the City's Facebook page as well as the website. Ljjgjfct--Titlg Gap tal Greenyvay, -A P4aa'rning ArtrnsL-would-be,hired Hdell't"ify4o<1-'9ppel�tuf4ties fern n lanciscape oriented 20 1 1--C-Ay Art Plan In 2007�411e4<ent--- or-WJ-5N-Jnqton a hifj�a-pr-iori�y ef futwe atrrrni water rind recreadon-M plermffq—A-4oeu's'+)f tlae rt sf s wrer4e rrilb.-:lie tlie relatiofi�hjp between Lhe Park jai a I q,,�.....Capital Pi-oject-Artwe-rli P tjp Pks-Planniing is leading _- i—o�- ar Pa r-k—k- Manning -to-pardc pat&-i ri-the,l)(asig ii-T<taf5rr-preeess, Fie nienta,ry-te,the-park- t Park Froje�,tritle: Capital Project Artwork: Farthworks Bicvcle Tow-Artwork Rrpject ICacsoripllion: Flarks Cultural Division is ieadirg a cultural tourisni project that provides bicycle access to the Green River Earthworl<s. Multiple, small-scale sculptures and/or other artistic expressions will be located at key points along the bicycle route to increase public use and help with way-finding. Estimated Costs: $50,000, Fun((Jlqg S_Q u rcpr: 201.1. City Art Plan %jgkg,r�cLq.ILd: In 2010, the Kent Cultural Division received a $25,000 grant from the Natio,nail Endowment for the Arts to create a bicycle tour that connects the Herbert Bayer Earthworl(, Robert Morris Earthwork, Green River Natural ResOUrces Area and i Jordan's Waterworks Gardens. Giant sandbags along the levee require closing Lhe Green 1��6ver °Irafll, to bicyclists in Kent for the next 4-5 years, This tour offers an alternative, destination-based route. Furthermore, rather than allowing Kent to be portrayed as a place to avoid due to the rlsl< of flooding, we ::an encourages cultural touriLrn and highlight these artistic sclutlons to stornioater rranagerrierL. -1 lie Earthworks Wcycue Torn Airtwct* would augment the NI,EA grant funded sagnaqe, interpretrve and promotional materials. This project dovetails with King CoUrIty's Communities Putting Prevention to VVork initiative that includes bicycle planning. Location; Kent owned prolaertics along the bicycle mute. ............... .Lq.Ig at Community Project Artwork: Panther Lake, Fiber Art Program QJLUL li on: Fiber arts (fabric, beadwork, li are practiced and appreciated across diverse cultures, This project vvculd create a partnership between 4 cornniiuniLV artists and a professional textile artist with the inlerit of validating artistic traditions and crell ontrepreneurW opportunities Es:1 rnarecl-Cqs.ts 2011. City Ai Plan With the annexation of Panithor Lake, Kent is now Marne to the three largest King County Housing Projects, I his project, wo�uld take place at Cascade, which has a large lirntnigrant population. The goal would be to bring Enciple together froirin differing backgrounds, in a partnership between the CUItUral Division and Housing Fluman Services Division. Lo,r,altion� Panther Lake Annexation, Cascade Housing EEqjggt DIIQ: Capital Project Artwork Artist Oesrgned Interpretive 5'rgnigc Pnojtc tD e s wri qt'i"o"n: Many of oLjT- parks have hist�oric significance, including Var Darer, and Lake Meridian and this project would inform the community of Kent's past, Additionally, rnuch of the City Art collection is unimarked. Working with local histcrianF, ar artist would he hired to research locaticns; create a "look and feel" for historic and public art sick. nacre; fabricate and install the first phase of signage projects Estimated Costs: $1.5,000 Lun LJI TAI Fd Q LICC-!a 2011 City Art Plan Location: Loci PrQgj�t Tit,& Community Art Prcjectr, Youth Training artwork, PrcIecU2g5qJpflon:. Artwork fabricated and installed by Kent youth, Youth to work with professional teaching artist and potentially a local artisan, Fun it 5raurc,g ; $5,000 20.11 City Art Plan ,$16,140 King County VEST 5ackgrroriind: In 2009, the King County youth Trairinq prograrr Qnrtnered with the Kert Resource Center and Kent Arts Carfirnission, to create murals on the East Hill and at Tenn Nelson Park, led by teaching artist Lours Chinn. The prograrn was repeated at Kent Mercian High School in 2010. We plan to reipeat this project at a now location in 2011 Location; to be cleterr"nined 5 Project Title: Portable Collection Purchases Prpjpct_Descriptioil: Fluicnask, quality artworks from area artists that enhanco the value of the City Portable Aft collection. The artworks are exhibited in publicly acresslblp- areas of City facilities. Estimated EQ-� ,q� 111111--l-I--- -V $511000 Ewildiilg $Q"!Kg: 2011 City Art Plan flackg �iLd: The City of Kent Arts Commission collection of portable artwork irldLides -row a variety of two-dimensional artworks, Arl is acquired through the Kent Surrinner Art Exhibit purchase award prograr". The portable collection introduces art into areas where the community does business. A work en0ronryient that includes amenities such as art has been shown to increase productivity and job, satisfccton, but the primary purpose is serving the public. E_rgj,q,gt,,Ti1tle; Collection Maintenance and Programming p ro eft. Ki Lion: Projects in-progress include outdoor scull maintenance and -121— Collection repair. EsLiBwAedj;g U: $12,33 L [!Mdin Srce: 2011 City Art Plan .9ou Eackgn%Lnd: Thls fund may be used W maintaining and providing programming for existing artworks, !_t_PrqLqct TLiflp.: Capital Project Artwork: Munkipal Courthouse Artwork Pr ert De�scriptl ne "Center Separation Barrier Artwork" would be 15 9� on: T1 feet 4 inches long and between 36, - 54 inches high. Possible materials include metal, metal mesh or fill safety glass. It could take the foram of a screen or a railing. ed �j—ts EstirnatL Co $32,500 — Eung Wag-5—o—unoz $30, 700 from the 2008, 2009 and 2010 City Art Man $ 1,800 from Facilities Courthouse Remodel Budget Location: Kent Municipal Court Backnrpgnd: The would replace a rope and stanchion separation at the Courts main entrance, The proposed integrated artwork would prevent someone from stepping out of line and avoiding the metal detector. It woulid also keep the e,xit aisle clear frorn the people entei the building., The artwnrorh would be designed to mairrtaprr visibpppty for police and security guards, allowing tlaern to keep tabs tarty who is leaving the building. F�ie� cct;F+tbe Lapwit-al, P jee:t Artworkl Corr murrrt fir rl tsCtr� rr( r�regrtar 4 p rjpti C3<^ r A41 e-PwkS flste:Fplarr..ls...focuseld can t^ei abwlit st a r Gt cN rc rr s drtc:rwl iaroca r��srl :-Tier iurrc�la�q wi�i &ramrvrilt�k tcr€ t ake '" laccrgrlcprrc�„ anraik e at parka Estrmpt -d Costs-.— .......... tat;at�<a n:.C bd t3dcpa;�r�ratirad. The-amount of : 30: 700 w,was pres�ifltrsl*r cl�ig�1�k�tl�e3�Elarl< l-aloe Ps�rles raC.vela°prr�btrwt—I�a�-sle+we+�-trrr w:r--w�ars�C�^ crp rc�rs�arr�, scr C:�tt �irrau+;��is-I�eirr�..r��cle wrwail P� e tcw ctW er far°k s era o f vel a �.a r it k....Sw:verr Gak-s a5..redewekoprra"t nrravetrarsh3 Prcjert ill' Capital Project Artwork: Ear°tlrwayrd<s lratcrpretive & Public Access Program Pr ct escruptart: Provide aud'lo pwadcasts; provide Interpretive sirgrage onsite; provide activlt6es and prragrarns during the NEA iiraugurall bike ridgy, Estimated Costs: $20,000, Frindnp j-Srsurre: 2011 City Art Plan 5aq k[q rcarCnd: The Kent Arts CommissIon Is applying for girant ftinding to restore the Earthavorks. Fhrese grants are for"bricks and mortal vrerk only, but p Ublic access is an important qualifier. 7 KEW ARTS COMMISSION CITY ART 5 YEAR PLAN 2011 - 2015 2.01.1, PROJECTS COSTS Capital Projects Total $3,08,831 Community Project Artwork. Youth Me,dla Art Ps-ojeCt 9,500 G,apit-al Man '?�,0 4)0 Capital Project Artwork: EarWworlks NCYCle TGUr Artwork 5(),()00 Con,umunity Project Artwork: Punther Lake Fiber All: Prograrn 12,009 Plask,,,r Ono 2�5m Capital Project Artwork: Artist De5igned Interpretive Signage 15,00a Community Project ArLwark: Youth AlrLmrk 5,000 PorNible Purchases: Summer Art Exhibt Purchase Pmgrain 5,00G Coflection Mawitenance and Programming 1.2,331 Admipiistr"atici[i/Mairiteiian,ce $119,60 Year Total $228,436 2012 PROJECTS C OSTS Capital Projects Total 98,043 Community Fro'ect Artwork 3,7,079 Coinrnunity Prcaject Artwork: Panther Lake Annexation 49,650 Callection mamWnance and programming 10,00() Portable CcAection Purchases 5,000 Adtiiir)isti,atiori/Mciintenance �126717 Yeas" "]"rotal $228,436 2013 PROJECTS COSTS Capital Projects Total 91,706 Community Fro ect Aityvark 30,734 Community Pi njecL Artwork: Panther Like Annexation 49,650 Coilecbon maintenance and prQgramrning lo,000 Portable Collecticri Purchm, e5 5,000 A(It'nurliStl'aLion/Mainteriaiice 1,33,052 Year TOWI $228,436 2014 PROJECTS COSTS Capital Projects Total $5,056 Community Project Artwork 70,056 C011eCtI011 ITI-diPtU'llan(e and programming 10,000 Portable ColNection Purchases 5,000 139.704 Year Tutal $22$,4$6 2t115 PROJECTS COSTS Capital Projects Total 85,056 Community Project Artwork 70,056 Collection mairkmance and! programming 1(),QQQ Portable Collection Purchases 51 00 Ad m in is Lra ti 0 n/M M hell a n ce Year 1"oul $228,436 KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: December 13, 2011 SUBJECT: AECOM Contract, Boeing Levee — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AECOM for structural engineering design of a flood wall at the Boeing Levee in an amount not to exceed $18,850.89, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Consultants hired to certify the Boeing Levee found an area that required improvements near Three Friends Fishing Hole Park. Engineering Staff worked with Parks Department Staff and the State's Recreation Conservation Office (RCO) to find a design for the Boeing Levee that would meet FEMA's Accreditation Standards and preserve the functions of the park. That design includes the use of a flood wall. Flood walls require design work from a registered Structural Engineer, a specialty that the City's Engineering Staff does not perform. The flood wall will tie into the existing levee at the south side and a new secondary levee near the South 200th Street Bridge to the north. Public Works engineering staff will design the secondary levee and associated improvements. This work is necessary for FEMA Accreditation of the Boeing Levee. The Boeing Levee is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in combination with other levee segments along the Green River, protect the Kent Valley businesses and residential areas from flood risks. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City received a $2.07-million grant from the Washington State legislature for work on the Boeing Levee. This grant is administered by the Washington State Department of Ecology with reimbursement to Kent via an Interlocal Agreement with the King County Flood Control District. The interlocal agreement was passed by Council on November 1, 2011. City of Kent AZX0M Scope of Work-Exhibit A EXHIBIT A SCOPE OF WORK for Retaining Wall at Boeing Levee The scope work is to provide final design services and contract documents for approximately 640 feet of retaining wall located on the Boeing Levee, behind the Pacific Gateway Business Park in Kent, WA. The scope includes, analysis, design, drawing preparation, estimating, and specification language for a wall. The plans will be sealed and signed by a professional engineer upon completion of contract documents. Scope also includes coordination with City of Kent and other consultants working on this project. FINAL DESIGN The services listed below represent the Consultant's understanding of the work to be completed in order to provide bid documents to the City for advertisement of the Project. This scope of services is based on direction from the City. The Consultant shall actively coordinate Retaining Wall aspects of the work for the assignment, identify and resolve issues in a timely manner, and communicate effectively. The Consultant shall be responsible for the performance of scoped services, and shall furnish materials and information to accomplish the work tasks described herein. The Consultant will actively coordinate with other consultants performing work on this project. The Consultant and the City agree that the City may use City forces to perform tasks listed in this Scope and that some tasks may not be required and the contract dollar amount will be adjusted accordingly. I. PROJECT OBJECTIVES AND DESCRIPTION The objectives of the Boeing Levee Project, hereinafter referred to as the Project, are to: 1. Provide flood protection to the City of Kent, in the area of the Green River known as the Boeing Levee. 2. The project will include new berms and a retaining wall. 3. Minimize construction impacts to the public. The Work consists of providing final design services for a retaining wall along the Boeing Levee. The City of Kent has chosen the wall to be a sheet pile wall with concrete facing on both exposed sides. The height of the wall will be about three feet above the 500 year flood elevation. Consultant effort will include the following items: 1. Task Management and Coordination with City and other consultants 2. Site Visit for Designers 3. Analysis and Design for Sheet Pile wall 4. Plan Preparation for wall 5. Specifications for wall 6. Quantities and Opinion of Cost for wall COK Boeing Wall Scope 20111114 v0.doc Page 1 of 9 City of Kent AZX0M Scope of Work-Exhibit A II. DESIGN CRITERIA All documents prepared under the terms of this AGREEMENT shall be developed in accordance with the latest edition and amendments of the following: City of Kent: 1. Road Standards 2. Standard drawings and sample documents prepared by the City and furnished to the Consultant shall be used as a guide in all applicable cases WSDOT Publications: 1. Standard Specifications for Road, Bridge, and Municipal Construction, English Edition, 2008 (M41-10) 2. Standard Plans for Road, Bridge, and Municipal Construction, English edition (M21-01) 3. Design Manual (M22-01) 4. Bridge Design Manual, (M23-50) 5. Plans Preparation Manual (M22-31) 6. Construction Manual (M41-01) 7. Local Agency Guidelines Manual American Association of State Highway and Transportation Officials (AASHTO)Publications: 1. Standard Specifications for Highway Bridges, AASHTO -RFD Bridge Design Specifications, Customary U.S. Units, 41" Edition with 2008 Interim Revisions 2. Guide for the Development of Bicycle Facilities, 1999 3. A Policy on Geometric Design of Highways and Streets, 51" Edition, 2004 ('Green Book') U.S. Department of Transportation, Federal Highway Administration(FHWA): 1. Manual on Uniform Traffic Control Devices for Streets and Highways USACE and Other Publications: 1. EC (Engineering Circular) 1110-2-6052, Structural Design of Precast and Prestressed Concrete for Offsite Prefabricated Construction of Hydraulic Structures, 1 January 2001 2. EM (Engineering Manual) 1110-2-2104, Strength Design for Reinforced Concrete Hydraulic Structures, August 2003, Change 1 3. EM 1110-2-2105, Design of Hydraulic Steel Structure, March 1993, Change 1, May 1994 4. EM 1110-2-2106, Design of Precast and Prestressed Concrete for Hydraulic Structures, 30 march 08, DRAFT 5. EM 1110-2-2503, Design of Sheet Pile Cellular Structures Cofferdams and Retaining Structures, September 1989 6. EM 1110-2-2504, Design of Sheet Pile Walls, March 1994 7. EM 1110-2-2906, Design of Pile Foundations, January 1991 8. ER (Engineering Regulations) 1110-2-1150, Engineering and Design for Civil Works Projects, August 1999 COK Boeing Wall Scope 20111114 v0.doc Page 2 of 9 City of Kent AZXOM Scope of Work-Exhibit A 9. ER 1110-2-1806, Earthquake Design and Evaluation for Civil Works Projects, July 1995 10. American Concrete Institute (ACI), Building Code Requirements for Reinforced Concrete, ACI 318- 02 11. American Institute of Steel Construction (AISC), Manual of Steel Construction Allowable Stress Design, 91" Edition, 1989 12. American Society of Civil Engineers (ASCE), Minimum Design Loads for Buildings and Other Structures, ASCE 7-05, 2005 13. American Welding Society (AWS), Bridge Welding Code, AWS D1.5 2008 14. American Welding Society, Structural Welding Code, AWS D1.1 2008 III. PROJECT SCHEDULE The anticipated project schedule is as shown below: Milestone Date Consultant Notice to Proceed 28 Nov 2011 Concept Development Complete 16 Dec 2011 60% Calculations, Plans, Estimate, and Specifications 27 Jan 2012 100% Calculations, Plans, Estimate, and Specifications 24 Feb 2012 Bid Documents Complete 23 Mar 2012 Advertisement Set 6 Apr 2012 Contract End Date 31 Dec 2012 The duration of the reviews by the City and by others is two (2) weeks. The project schedule may be subject to adjustment at mutual agreement, whether initiated by the City or Consultant. IV. DATA AND SERVICES TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will provide the following items and services to the Consultant that will facilitate the studies and preparation of the documents for work within the limits of the Project. The Consultant is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others, including but not limited to, survey and traffic data. These are: 1. Survey, Base Maps, and complete DTM 2. Geotechnical Design Parameters 3. Drainage/Hydraulic Information as necessary 4. Secure rights-of-entry as necessary COK Boeing Wall Scope 20111114 v0.doc Page 3 of 9 City of Kent AZXOM Scope of Work-Exhibit A V. INTELECTUAL PROPERTY The documents listed as "Deliverables" in the Detailed Task Description, Section VII of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements will be furnished by the Consultant to the City upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in tangible format, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to Consultant. The City will assume all risks associated with such use, modifications, or conversions. The Consultant may remove from the electronic materials delivered to the City, all references to the Consultant involvement and will retain a tangible copy of the materials delivered to the City which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only, the Consultant is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. VI. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials ASTM American Society for Testing and Materials BA Biological Assessment BDM WSDOT Bridge Design Manual BRAC Bridge Replacement Advisory Committee DAHP Department of Archaeology and Historic Preservation Ecology Washington State Department of Ecology ECS Environmental Classification Summary ESA Endangered Species Act FEMA Federal Emergency Management Agency FHWA Federal Highway Administration H&LP Highways and Local Programs HPA Hydraulic Project Approval JARPA Joint Aquatic Resources Permit Application LRFD Load Resistance Factor Design NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NRHP National Register of Historic Places PS&E Plans, specifications, and estimates SEPA State Environmental Protection Act TS&L Type, Size and Location WDFW Washington State Department of Fish and Wildlife COK Boeing Wall Scope 20111114 v0.doc Page 4 of 9 City of Kent AZX0M Scope of Work-Exhibit A WSDOT Washington State Department of Transportation USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service VII.DETAILED TASK DESCRIPTION General Assumptions: 1. The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit `B". These costs are itemized in Exhibit `B" to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. 2. Substantial completion of the project is anticipated to be 4 months, however the contract will expire December 31, 2012. The Consultant is responsible for meeting deadlines for their tasks only, Consultant has no control over those portions of the schedule related to the tasks performed by the City or any third party. 3. Subsurface investigation and remedial action associated with hazardous wastes located within the Project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil/ground water is anticipated to be encountered on or within the project limits. Should any of these materials be encountered, addressing the situation will be Extra Work. 4. The analyses, design, plans, specifications, and estimate performed or prepared as part of the Project will be in English units. Metric units will not be used on this Project. 5. The plans will be prepared in accordance with City of Kent Drafting Standards including City of Kent Title Block and Pen/Plot Settings. Final plans shall be stamped and signed and provided to the City in AutoCAD format and on full-size hard copy(22"x 34). 6. The City has the authority to approve proposed work scope and schedule changes. PHASE 1 - DESIGN TECHNICAL MEMO Task 1. — Management and Coordination: In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the City will be met. a. Project Management. Provide direction to the design team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. b. Communicate Progress. Conduct ongoing, proactive, responsive communications with the City staff involved in the direction and execution of the project. Attend project coordination meeting at the completion of the Design Memo. Coordinate the schedule of the reviews to be performed by the City. Prepare and submit monthly invoices with a brief progress report that will include identification of work performed in the previous month's schedule. c. Quality Assurance/Quality Control. The project manager will implement and conduct AECOM quality control/quality assurance program throughout the project. COK Boeing Wall Scope 20111114 v0.doc Page 5 of 9 City of Kent AZXOM Scope of Work-Exhibit A Assumptions: 1. The Consultant's project manager and/or project engineer will meet with the City's project manager/engineer on as needed basis throughout the project. 2. Internal project team coordination meetings will be held on an as-needed basis during project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. 3. Project meetings may involve other consultants, FEMA and USACE and will require some preparation of meeting materials. The budgeted number of meetings is shown on the attached cost estimate. Deliverables: 1. Monthly Invoices and Progress Report (1 copy) 2. Written Change Authorizations 3. Meeting preparation and attendance Task 2. — Site Visit: The Consultant will perform the following: The Consultant will conduct a site visit to review the field location of the proposed wall location. Assumptions: 4. All locations are accessible by foot. 5. Two people for the site visit Deliverables: 1. Field notes and photographs. Task 3. — Conceptual Wall Type Review: The Consultant will perform the following: Perform preliminary engineering to review the selected wall type, size and location, and determine how to provide a dual face concrete facing. a. Establish wall design parameters, which include design loadings, construction materials, and design method. b. Coordinate with the City and geotechnical engineer for design parameters and an agreeable concept for providing aesthetically pleasing concrete facing to both sides of the expected steel sheet pile wall. Assumptions: 1. The anticipated structure type is a steel sheet piles wall with aesthetically pleasing concrete facing on both sides of the wall. The attachment method for this facing must be developed and agreed to by the City and the Consultant. Deliverables: 1. Typical section for the chosen wall with facing shown. COK Boeing Wall Scope 20111114 v0.doc Page 6 of 9 City of Kent AZ'COM Scope of Work-Exhibit A Task 4. — Structural Design: The Consultant will analyze, design, and prepare plans, details, and specifications for the wall in accordance with City and WSDOT requirements as follows: a. Prepare complete structural calculations for the final design of the wall to be depicted on the plans. A registered Structural Engineer in the State of Washington will seal the cover sheet of the structural calculations. The structural calculations shall include, but are not limited to the following: • Calculations for hydraulic and earth retaining analysis. • Final horizontal and vertical layout geometry. • Analysis of member strength and stresses for critical stages of construction and AASHTO load groups. b. Prepare contract plans for construction of the levee walls. The plans will include the following information for all wall components: • Structural layout and vertical wall geometry. • Dimensions and configurations of structural components. • Design notes, general notes, and material notes. • Design details, including steel sheet pile, reinforcing, concrete, or other dependent on wall type. Assumptions: 2. Final design of the structures on the Project will be in accordance with the AASHTO -RFD Bridge Design Specifications, Customary U.S. Units, 4th Edition with 2008 Interims. 3. The structures for the Project will be based on the alternative selected in cooperation with the City. 4. A registered Structural Engineer in the State of Washington will seal the final 100% contract plans. 5. See the Level of Effort Estimate for the assumed number of plan sheets that will be required for the wall. Deliverables: Structural Plan sheets Final Structural Calculations Task 5. — Special Provisions for Wall: The Consultant will compile the specified general special provisions, amendments, and Special Provisions from the above sections according to the WSDOT/APWA Standard Specifications, English. The Consultant will prepare a Bid Schedule for the wall. Special Provisions and bid schedule will be included in the 60 percent and 100 percent submittals. The Consultant will review the Contract Provisions for the Project prepared by the City and provide comments and revisions as necessary. Assumptions: 6. The Consultant will prepare only special provisions and bid schedule for the wall. The City will be responsible for assembling the entire specification package. COK Boeing Wall Scope 20111114 v0.doc Page 7 of 9 City of Kent AZX0M Scope of Work-Exhibit A 7. Electronic copy of submittals will be in Microsoft Word or Excel. Deliverables: Special Provisions at 60 percent submittal Special Provisions at 100 percent submittal Bid Items Reviewed and marked up copy of Contract Provisions prepared by the City Bid schedule Task 6. — Compile Quantities and Prepare Opinion of Probable Cost for the Wall: The Consultant will compile the quantities and opinion of probable cost using AECOM and WSDOT Unit Bid Prices. The Engineer's opinion of construction cost for the Project will be submitted to the City at the 60, and 100 percent level-of-completion of the plans and specifications. Assumptions: 8. The construction contract will be based on a unit price bid item amount for the main work elements. 9. Any opinions of cost provided by the Consultant will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures, the Consultant cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. Deliverables: Opinion of Probable Cost, 60 percent Submittal (1 hard copy) Opinion of Probable Cost, 100 percent Submittal (1 electronic and 1 hard copy) Task 7. Compile Project Deliverables for Wall: The Consultant will assemble the work from each of the foregoing final design work tasks into 60 and 100 percent design submittals to the City. Interim submittal drawings will be 11" x 17". The final drawings will be plotted full size (22" x 34") and stamped by a registered Structural Engineer. Assumptions: The PS&E submittals in Phase 2 will be the following: Deliverables: 60 Percent PS&E Submittal • Plans • Special Provisions • Opinion of probable cost 100 Percent PS&E Submittal • Plans • Special Provisions • Bid Schedule • Opinion of probable cost • Incorporate City and other agency comments and/or responses • Electronic copy of specified special provisions in Microsoft Word • Electronic copy of engineering plans in AutoCAD format Printer Ready PS&E Submittal for Advertising (Ad Set) COK Boeing Wall Scope 20111114 v0.doc Page 8 of 9 City of Kent AZX0M Scope of Work-Exhibit A • Sealed Plans • Sealed Special Provisions • Bid Schedule • Opinion of probable cost • Incorporate City and other agency comments and/or responses Task 8. — Respond to Review Comments: Following the City's review of the 60 and 90 percent PS&E Submittal packages, the Consultant will coordinate with City representatives to discuss the City's comments. The plans and special provisions will be modified by the Consultant to address these review comments. A written response will be provided to the City for those comments not incorporated into the design. Assumptions: 1. The City will provide a set of review comments for response by the Consultant. Deliverables: Prepare written responses to City Comments to the 60 percent Review Submittal Task 9. — Assistance during Pre-Bid & Bid Periods: Once the Ad Set of PS&E Submittal to the City has been completed for the construction contract, the Consultant will remain 'on-call' until the contract has been awarded to the successful bidder. The types of assistance that the Consultant will provide to the City during the pre-bid and bid periods of the Project may include: • Assisting City in responding to engineering questions from Contractors. • Interpreting and clarifying the bid documents. • Assisting the City in preparing contract addendum. • Assisting the City's project manager in evaluating the bids. COK Boeing Wall Scope 20111114 v0.doc Page 9 of 9 City of Kant AM OM Boeing Levee Retaining Wall Boeing Levee Sheet Pile Wall $tfUCtUfal No.of Hours/ Strucmral Po' En a, CADD/ Proj Wall length Sheets Sheet Manager Eng Das Tech Armin SA/SC Total Hours Total Cost(DL) $7631 16971 $564e $2666 $3800 $5900 No-pF Teak Rego Moragentent and Coordination Project Management 6 6 12 $685.86 1 Meetings 4 4 8 $50716 eetlng tluatlon wlbi travel tlrtie(hrs) 4 Total Management and Coordination 10 0 4 0 6 0 20 $1,193.02 Took 1 9ltaUialt Sto Visitwith travel t me 3 3 E6d $3605] Total site Visit 0 3 3 0 0 0 6 $36057 Tasks 3&41 F$U for Walls A&8 Desian Croon&Wall Type Review(conc.Facing) 1 2 4 ] $417 65 Analysis,Design,and Plan Sheets-onesheet 4 24 20 48 $2,01036 Discipline SA/SIP in house InterDiscipline SASSPQvil&Geotechnical 1 4 4 9 $55707 TotalPS&E for Walls A&B 2 10 32 20 0 0 64 $2,98508 Tasks Speolal Provisions Draft Specifications(60%) 2 4 6 $34134 Final Specifications(100%) 1 1 2 4 $24608 Total Special Provisions 1 3 6 0 0 0 10 $58832 task Duarsi and Colson of Co at' Item❑st 1 1 1 2 $12019 Preliminary Estimate(60%) 1 2 1 3 $17067 Final Cost Estimate(100%) 1 1 1 1 3 $19650 Total Quantities and Opinion of Cost 1 3 4 0 0 0 8 $48736 task$7>,8,&9 Deliverables,Real to Comments,and 81d Perlod Assistance Compile deliverables 2 2 4 $15206 Raspon d to Review Corn Tents 1 2 3 $1]06] Assistance during Bid Period 1 2 4 7 $41765 Total Deliverables,Respond to Comments,and Bid Period Assistance 1 3 8 2 0 0 14 $`14128 Total Shuctural 15 22 57 22 6 0 122 $6,355.63 OUTSIDE REIMBURSABLES AECOM Direct Salary $6,35563 Per Diem $000 AECOM Overhead @ 16314% $10,36857 Lodging $000 AECOM Subtotal $16,72420 Mileage/pars.Vehicle($0 55/mile) $12500 Meals $000 AECOM Fee @ 30% $1,90669 Supplies,Photos $000 Outside Reimbursables $22000 Reproduction $5000 Subconsultants $000 Postage/Delivery $2000 TOTAL= $18,850.89 Other $2500 Management Reserve Fund= 0% $000 Markup for Reimb. 0 0% $000 GRAND TOTAL= $18,850.89 Total. $220.00 Notes: 1) this estimate is based on a steel sheet pile wall with concrete facings. 2) this estimate assumes that the City will provide a DTM model that is complete for honz&Set layout,quantities,and cost estimting 3) drainage by others File PV60148305-Kent Horseshoe Bend LeveeABoeing LeveeACOK Boeing Wall Estmate 20111114 vO x1s Sheet Boeing Wall Page 1 of 1 KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: December 13, 2011 SUBJECT: URS Corporation Contract, Upper Mill Creek Dam Improvements - Authorize MOTION: Authorize the Mayor to sign a contract with URS Corporation in an amount not to exceed $310,620 for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Upper Mill Creek Dam Improvements Project involves raising the existing dam, located east of 104th Avenue SE, near SE 267th Street. Raising the dam will allow the City to store more water and reduce downstream flooding. The project also includes replacing the existing outlet pipes and gates, constructing a new emergency spillway, raising the south maintenance access road and mitigating for wetland impacts around the perimeter of the reservoir. The project also includes replacing the existing diversion structure, installing a fish passable weir and adding streambed gravel in Upper Mill Creek between the structure and 104th Avenue SE. The benefits of this project are to upgrade the dam, improve downstream flood protection, divert additional flow to the dam reservoir, and restore fish passage to upstream sections of Upper Mill Creek. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City has budgeted for this project in the storm drainage fund. URS November 9, 2011 Joseph Fielding Environmental Engineer II City of Kent Public Works Environmental Engineering 400 West Gowe Kent, WA 98032 Subject: Upper Mill Creek Dam Improvements Scope and Budget Dear Mr. Fielding, Please find our revised Scope and Budget for the Upper Mill Creek Dam Improvements project. We are excited for this opportunity to work with the City on this project. If you have any questions or require additional information, please contact Carla Talich at 206.438.2125. Sincerely, URS Corporation llI ZA, h 41- --lew, U LClj., Carla Talich, PE Cecil rlich, PE Project Manager Principal in Charge Enclosure: Scope, Budget, Drawing List URS Corporation Centu Square 150141 Ave, Suite 1400 Seattle,WA,98101 Tel:206.438.2700 Exhibit A PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK November 9 2011 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety, major roadway transportation, emergency vehicle access, business community, and water quality. The City is planning to upgrade the Upper Mill Creek Dam (dam) and its upstream diversion structure to increase the flood storage and capacity of the Upper Mill Creek Pond. The City also plans to install channel improvements to Upper Mill Creek, downstream of the diversion structure. The existing upstream diversion structure is: not conducive to fish passage; may not have adequate capacity for diversion of large flood events; needs to be reconstructed to restrict low flows to Upper Mill Creek for habitat maintenance and divert higher flows to the dam for detention. The flow capacity of the existing channel leading to the dam needs to be increased and the existing structure needs to be replaced. A concrete weir with an adult fish barrier, three downstream box culverts, and an instream adjustable notch weir are planned to increase flood capacity and restore fish passage. The existing dam with current outlet and emergency spillway provides flood control, but does not provide adequate downstream protection during large flood events. The existing emergency spillway operates at an approximately 20-year recurrence interval and currently there is no primary spillway. According to the DMP, the dam is planned to be raised by 5.5 feet. The plan is to extend the dam upstream into the reservoir area to increase the flood storage by approximately 50 acre-feet. Primary and emergency spillways need to be constructed to reduce potential overtopping during a 500-year flood event. The current outlet works consist of three non-encased corrugated metal pipes that extend through the dam and are covered with soil. The plan for the outlet works upgrade is to replace existing culverts with concrete encased HDPE storm drain pipe and install motorized sluice gates to meet the current engineering design standards. Work will also include upgrading the south maintenance access road and connecting the diversion channel embankment to the north. Permit support is needed to address geotechnical investigations, construction, and increased inundation within the wetland; potential cultural resources; reconstruction of the diversion within Upper Mill Creek; reconstruction of the outlet works from the dam to the existing channel on the opposite side of 104`h Avenue SE; channel improvements to Upper Mill Creek below the diversion structure; and Washington State Department of Ecology Dam Safety Office (DSO) requirements. um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. 1 Exhibit A PROJECT WORK ELEMENTS The following tasks are included in this scope of work: • Task 1 — Project Management • Task 2 — Geotechnical Investigation & Report • Task 3—Wetland Investigation & Reporting • Task 4—Archaeological Investigation & Cultural Resources Report • Task 5— Hydrology & Hydraulics Data/Model Review • Task 6— Survey Coordination & Base Map Review • Task 7— Dam Improvements Alternatives Analysis • Task 8— Dam Design and Outlet Works • Task 9— Diversion Design • Task 10— Construction Plan Drawings • Task 11 — Specifications • Task 12 — Construction Cost Estimates • Task 13— Construction Schedule • Task 14— Support for JARPA Permitting • Task 15— Support for Dam Safety Permitting • Task 16— Bidding Support Task 1 — Project Management It is assumed that the work will cover the period from December 2011 to December 2013. It is assumed that the project will advance to 60% design phase and permitting. Once permits (JARPA and DSO) are submitted, URS work will pause while awaiting comments from regulatory agencies. Upon receipt of comments, the City-URS team will complete 90 and 100% design and bid documents. Project activities will be coordinated and directed with the goals of completing all work within budget, schedule and City objectives and expectations. Coordination and liaison with the City will be on a regular basis to ensure that these objectives are met. Progress, schedule and budget will be monitored weekly during intense periods of work. Invoices will be generated every four weeks. Monthly progress reports will be completed as cover letters for invoices. They will summarize work completed during the period of work and show used and available budgets. Potential out-of-scope items will be addressed after being reviewed for their viability and impact to the project. URS will be responsible for the quality of our work and will ensure that in-house quality control and technical reviews are conducted for all URS deliverables prior to submittal to the City for comment and review. The in-house review will be conducted and documented for all submittals. Task 2 — Geotechnical Investigation & Report Available geotechnical related project information will be reviewed, including the original geotechnical report prepared by GeoEngineers in 1987. Site reconnaissance will be conducted to identify potential geological and geotechnical engineering issues and to prepare for a geotechnical investigation program. nnmm iouummiunwnmm rvovaioi�iv/,r; ... _. 2 um Exhibit A Our team will coordinate with a geotechnical drilling subconsultant, provide field support, utilize our Seattle office's geotechnical laboratory for testing of samples collected during the geotechnical investigation, correlate data to previous investigations and prepare a geotechnical engineering report to be used for the design of the dam, diversion, and channel improvements. Based on an initial review of the 1987 geotechnical report, it is assumed that the following exploratory investigations will be needed: • Cone penetrometer to refusal: 4 locations at the dam, 1 at the diversion structure. • Cone auger to 10 feet: 3 at the dam. • Hand auger holes in the wetland area if needed. • Samples will be taken from auger holes for lab tests. • As needed: Track rig to provide borings upstream of dam if other methods cannot access site or obtain the data as needed. Lab tests include 6 sieve analyses and 2 tests for Atterburg limits. The geotechnical report will be prepared in draft form for review by the City. The final version will be prepared based on one round of City comments. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Task 3 — Wetland Investigation & Reporting The wetland delineation will be conducted using the methods outlined in the currently accepted manuals: • Corps of Engineers Wetlands Delineation Manual (1987). • Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (2010). During the last few years the Army Corps of Engineers has updated and expanded their delineation manual with regional supplements. To maintain consistency between the state and federal delineations of wetlands, Ecology has repealed WAC 173-22-080 (the state delineation manual) and replaced it with a revision of WAC 173-22-035 that states delineations should be done according to the currently approved federal manual and supplements. The changes are effective March 14, 2011. Pre-field Review Prior to the field delineation, existing maps and resources will be reviewed, including: National Wetlands Inventory Map; U.S. Geological Survey (USGS) Topographic Map; Soil Survey data; Aerial Photographs available on the internet; and any relevant documents from the City of Kent. Field Work Wetland boundaries will be located by assessing an area for wetland indicators (hydrophytic vegetation, hydric soils and wetland hydrology). Paired plots will be described in at least two areas per wetland type to characterize the wetland and adjacent upland area. Plots will be located in areas that are representative of the wetland type being delineated. One indicator for each parameter is normally required to consider an area to be jurisdictional wetland. As part of the delineation work, the area will be assessed as to whether or not "normal circumstances" exist um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. 3 Exhibit A on the site. This will include an assessment of antecedent rainfall. The area will also be assessed as to whether or not it can be considered a "problem area' as defined in the Regional Supplement. All wetland boundaries and sample plots will be clearly marked in the field with labeled flags. The City of Kent will survey the wetland boundary flags and sample plots. Each wetland type will be classified using "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et al, 1979). The wetlands will also be classified according to their hydrogeomorphic (HGM) setting (Ecology 2004). Wetland and site conditions will be documented with photographs. All wetlands will be rated using the Washington State Wetland Rating System for Western Washington. Report A wetland report will be written for the project. The report will include an impact analysis section. It is assumed there will be no more than twelve figures/maps. The report will include: • A description of the delineation methods and findings. • Data forms used to delineate the wetlands. • Rating forms. • A map that identifies data collection points and the boundaries of the delineated wetland. • A soil survey map with soil sample location marked. • Photographs. A draft of the report will be submitted to the City for review before the report is finalized. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Assumptions: • The City will obtain permission and facilitate access to the site. • Assumed 30 of pages of text for entire document; 100 pages including data forms, figures. • If access is not granted to private properties in the project area, the wetland boundary will be estimated on those properties. • No OHWM delineation will be needed on the intake channel (between the diversion and the dam). OHWM delineation at the diversion structure and the outlet of the dam where there is work within the creek is assumed to be needed. Also fringe wetlands along the creek in the vicinity of the diversion structure and channel improvements will be delineated. The scope does not include delineation within Mill Creek, where the Mill Creek channel improvements are proposed by the City. • City comments on the draft report will not require a major rewrite. um nnmm iouummiunwnmm rvovaioi�iv/,r; ... _. 4 Exhibit A Task 4 — Archaeological Investigation & Cultural Resources Report Design and implementation of the proposed project will require compliance with Section 106 of the National Historic Preservation Act. Pre-field Review To verify that historic and archaeological resources are not impacted by project activities, URS will complete a literature review and record search of the proposed project area, focusing on a one-mile radius surrounding the project components. This review will be designed to determine the presence or absence of known archaeological resources and will be conducted utilizing records on file with the Washington Department of Archaeology and Historic Preservation in Olympia, Washington. Field Work Following completion of the record search, a complete pedestrian inventory will be conducted of the proposed project area, including the footprint of the expanded retention basin, diversion channel, and spillway. Fieldwork will be conducted by a crew of two archaeologists over a three day period, inclusive of travel. During the survey, utilizing transect spacing of no more than 20 meters. As appropriate, shovel probing will be conducted during the course of inventory to better determine the presence or absence of buried cultural materials. In addition, any structures 45 years old or older, including the diversion structure (if appropriate), will be subject to documentation. Report A complete report documenting the results of the investigation will be prepared, providing recommendations for additional studies, if warranted. The report will also include specific recommendations for treatment of effects to any archaeological sites or historic structures located within the project area. A draft of the report will be submitted to the City for review before the report is finalized. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Task 5 —Hydrology & Hydraulics URS will review the existing hydrologic and hydraulic models prepared for the Drainage Master Plan. The hydrologic models will be reviewed, not verified, for use in hydraulic design of improvements to the dam and diversion. It is assumed that the hydrology conducted by Anchor/MGS is complete and can be used as-is. Once reviewed, design flood hydrographs will be obtained from the master plan model results for both the diversion and main dam locations. Flood routings will subsequently be performed to verify design flood elevations and design flows at each of the structures and the diversion channel capacity. The deliverable for this task is a technical memorandum describing the purpose, assumptions, results, and conclusions. Calculations will be attached to the memorandum. A draft of the technical memorandum will be submitted to the City for review before the report is finalized. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. 5 Exhibit A Task 6 — Survey & Base Map URS will coordinate with the City's survey crew to provide survey data needs for the design of the dam and diversion improvements. URS will work with City's CAD staff to review survey data and develop a site base map and other working drawings to be used in the design of the project. It is assumed that the City will provide the following minimum survey data: • Detailed topographic surveys at the diversion structure and channel to the dam, dam and outlet works including information on the opposite side of 104`h Avenue SE, and channel improvement areas. • Wetland flags and geotechnical boring or test pit locations. • Existing utilities and easements. It is assumed that the City will provide cross sections, profiles, plan view topography maps, and any other working drawings as needed to complete the design and develop construction drawings. This task will include coordination between URS and City for development of working drawings for the geotechnical investigation, wetlands mapping, inundation mapping and analysis for dam safety review and other base maps needed for alternative analysis and final design. Task 7 — Dam Design Alternatives Analysis The focus of the task will be to utilize the topographic, wetland, and geotechnical information collected during the field reconnaissance phase of the project to develop up to three conceptual design alternatives for the final design configuration. The analysis will focus only on dam improvements, specifically, the typical cross section of the improved dam. Order of magnitude (rough) planning level construction costs will be developed in order to compare the capital cost for the facility. Permit considerations, constructability and operation and maintenance factors will be evaluated for each alternative in order to determine the best concept to carry forward into design. The task will include a meeting with City stakeholders. The deliverable will include a brief (one page memo) summarizing the evaluation and possibly sketches to illustrate concepts. The results will be presented to the City during a meeting, during which the concept for final design will be agreed upon. No analyses will be conducted. Structural and geotechnical conclusions will be based on industry standard charts, nomographs, and cook-book methods established for similar projects. Rough planning level cost estimates will be prepared in order to compare construction costs for conceptual design. A limited evaluation related to permitting will be conducted to evaluate the potential footprint of the proposed structure. Task 8 — Dam Design This task will consist of performing engineering analyses and studies necessary for establishing the final design for the dam upgrades. This work will support the preparation of the plans and specifications for bidding and construction purposes. For each discipline, design assumptions, methodology, results, and conclusions will be documented for in brief technical memorandums with calculations attached as appendices. The deliverable for this task is a series of technical memoranda with attached calculations prepared to summarize the analyses conducted for design. A compilation of technical Um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. 6 Exhibit A memoranda will be submitted to the City for review at 60% and 100% design phases. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Dam Hydraulics Detailed hydraulic calculations will be prepared for the outlet works. Hydraulic analysis work will be conducted for the purpose of evaluating alternatives for the dam improvements and preparing design criteria and concept designs for the dam improvements and diversion structure. Work will include the following: • Evaluation of the hydraulics for the main dam outlet structure, outlet channel, and emergency spillway features. o A discharge rating curve will be developed for each outlet structure alternative for subsequent use in flood routings and for project operation purposes. o A stage versus storage evaluation will be developed for the impoundment. o Hydraulic design of overflow spillway and water over roadway considerations o Hydraulic evaluation of plunge pool downstream side of dam (west of 104th AVE) • Hydraulic evaluation of culverts crossing 267th street (for DSO evaluation) • Evaluation of peak flows required for dam break analysis in the dam safety analysis developed for Task 15. • Storm hydrograph to use for inundation flood analysis needed for in Task 15. Geotechnical analyses will be conducted to support final design of the project. Results of analyses will be used to refine the current design concept for potential load and operating conditions. Key design issues to be resolved by geotechnical analyses include performance of the foundation and slopes under various potential conditions, and adequacy of the design for control of seepage and piping. Geotechnical analyses will include slope stability, foundation and embankment seepage and piping, settlement, liquefaction potential and seismic deformation. Structural analyses of the primary spillway and outlet facilities will be performed in accordance with the guidelines provided in the Army Corps of Engineers Engineering Manual EM 1110-2- 2400, Structural Design and Evaluation of Outlet Works to provide information needed for establishing the final design configuration of the facilities and reinforcement. The outlet structure will be designed in accordance with requirements given in the Army Corps of Engineers Engineering Manual EM 1110-2-2104, Strength Design of Reinforced Concrete Hydraulic Structures. Structural and stability analyses of the outlet work structure will be performed to provide information needed for establishing the final design configuration of the structure and reinforcement. Stability analyses will also consider all potential loading conditions and will evaluate sliding stability and bearing stresses. The outlet gates and their actuators will be specified to meet American Water Works Association (AWWA) standards. Gate and actuator foundation, anchorage, and maintenance access requirements will be provided to the structural engineer. Electrical design will be performed in accordance with the National Electric Code (NFPA 70). Considerations for construction will be evaluated, such as the project site with regard to access and staging areas. Also, diversion and care of surface and ground water during Um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. Exhibit A construction will be evaluated to develop design features needed for construction, including cofferdams and diversions facilities, and dewatering requirements. Biological considerations will primarily be those that relate to permits and minimizing impacts that will require mitigation. Task 9 — Diversion Design This task will consist of performing engineering analyses and studies necessary for establishing the final design for the diversion replacement. This work will support the preparation of the plans and specifications for bidding and construction purposes. For each discipline, design assumptions, methodology, results, and conclusions will be documented for in brief technical memorandums with calculations attached as appendices. The deliverable for this task is a series of technical memoranda with attached calculations prepared to summarize the analyses conducted for design. A compilation of technical memoranda will be submitted to the City for review at 60% and 100% design phases. The final report will be provided in hard copy (5 copies) and electronic form (one CD). Hydrologic and Hydraulics (Detailed hydraulic calculations will be prepared for the diversion structure, culverts and channel. Fish passage calculations will be prepared for the diversion structure. Specifically, the following evaluations will be performed: • Evaluation of the diversion intake and inlet channel to the dam to set or verify design elevations, determine structural requirements for desired diversion capacity, and to insure channel diversion capability with changes in water surface elevations at the main dam and diversion structure. • Evaluation of low flows for fish passage through the diversion structure. • In addition to the specific requirements for each structure, the hydraulic evaluations will include the evaluation of flow velocities for the purposes of determining erosion protection requirements for each structure and channel. It is assumed that the City will prepare stage-storage figures, including volumes and areas for URS to use in hydraulic design. Geotechnical analysis includes determining allowable bearing capacity for the structure, calculating potential settlement and providing soil loading for structural design of diversion structure and box culverts. Structural analyses of the diversion structure and by-pass system will be performed to provide information needed for establishing the final design configuration of the facilities and reinforcement in accordance with Army of Engineers Engineering Manuals EM 1110-2-1602, Hydraulic Design of Reservoir Outlet Works and EM 1110-2-2400, Structural Design and Evaluation of Outlet Works. Structural and stability analyses of the diversion structures will be performed to provide information needed for establishing the final design configuration of the structure and reinforcement. Stability analyses will also consider all potential loading conditions and will evaluate sliding stability and bearing stresses. Biological considerations will primarily be those that relate to providing fish passage to Upper Mill Creek beyond the diversion structure and keeping fish from entering the detention system. um nnmm iouummiu�n�wnmm rvovaioi�iv/,r; ... _. 8 Exhibit A Work will include considerations for streamlining permits and minimizing impacts that will require mitigation. Task 10 — Construction Plan Drawings Civil, structural, mechanical and electrical drawings will be prepared for the project features. A preliminary list of anticipated drawing requirements is shown on Attachment 1. Drawings will be developed in coordination with the project team members, including City of Kent personnel, with coordination. URS will prepare and stamp the 16 drawings for Structural, Mechanical and Electrical Design. URS will coordinate with the City on the production of the general and civil sheets. It is assumed that the City will stamp the general and civil sheets. It is assumed that the City will solely prepare traffic control plans and demolition plans. Early versions of the project drawings will be used for initial quantity take-offs as required with the final stamped drawings used for bid-level quantity take-offs and submittal as needed for permitting. The drawings will be produced in AutoCAD 2010 with Civil3D version or higher in accordance with the City Engineering Services Department drafting standards, title block layout and other requirements. Drawings will be produced at 60%, 90% and 100% design phase. For the 60% and 90% submittal, structural, mechanical, and electrical drawings will be provided in electronic form (one CD with all CAD files). Final full-size (22N34" on Bond) stamped drawings will be provided prior to bidding. A preliminary list of drawings was prepared to provide a basis for engineering services cost estimate. We assume that 42 drawings will be developed for the dam, diversion dam and channel improvements. Task 11 — Specifications Technical specifications will be developed for project features and components. It is understood that the City of Kent standards follow the WSDOT specification format where applicable. Deviations from WSDOT specifications are anticipated to be included within special conditions as needed. Specifications will be produced at 90% and 100% design phase. For each submittal, URS will provide specifications in electronic form (one CD with PDF and MS Word files). It is assumed that the City will prepare the front-end contract documents and the general and civil related specifications. Task 12 — Construction Cost Estimates An engineer's cost estimate will be prepared at the 90% design stage. The estimate will be prepared in draft and final form. It is assumed that the City will provide construction quantities from URS design documents for use by URS to develop the Construction Cost Estimate. Construction activities will be separately identified and organized according to project feature. Costs will include labor, materials, equipment, supplies, and contractor's overhead and profit. It is assumed that there will not be a substantial difference or lag in time between the draft and final cost estimates. It is assumed that the City will provide one set of combined comments on the 90% cost estimate for URS to include in the 100% construction cost estimate. Estimates will be prepared in 2012 dollars. nnmm iouummiunwnmm rvovaioi�iv/,r; ... _. 9 Um Exhibit A For each submittal, URS will provide documents in electronic form (with original and PDF files). Task 13 — Construction Schedule An abbreviated construction schedule (up to one 1 1x1 7 sheet) will be prepared at the 90% design stage. The schedule, prepared using MS project, will be broken down into major construction activities. Input by the City and team members will identify potential institutional or other constraints that could apply to, or interfere with, the construction schedule. The schedule will be prepared in draft and final form. It is assumed that the City will provide one set of combined comments on the draft schedule for URS to include in the final schedule. It is assumed that there will not be a substantial difference or lag in time between the draft and final cost estimates. For each submittal, URS will provide documents in electronic form (with original and PDF files). Task 14 — Support for JARPA Permitting This task will involve providing support to the City for obtaining the necessary Federal, State and local permits for proceeding with construction. The wetland report completed for Task 3 and the Cultural Resources Report completed for Task 4 will be used as attachments to the JARPA application. It is assumed that a Biological Assessment will not be required to describe possible effects to threatened endangered species for the Corps of Engineers consultation. A no-effect letter will be prepared at a lower level of effort. The no-effect letter will be prepared in draft form and in final form following City review. For each submittal, URS will provide documents in hard copy (5 copies) and electronic form (one CD with PDF files). The other document needed for the JARPA application is a mitigation plan. Two versions of the mitigation plan will be prepared: draft and final plans. No conceptual mitigation plan will be prepared, but a discussion of mitigation concepts will be conducted with the City. Once the City agrees on a mitigation concept, a draft plan will be completed that can be included in the JARPA submittal. The draft plan will lay out the basic mitigation strategy, mitigation site description, and include an impacts analysis and discussion of functional lift. Agency comments are anticipated and will be incorporated into a final version of the mitigation plan. For each submittal, URS will provide documents in hard copy (5 copies) and electronic form (one CD with PDF files). It is assumed that suitable mitigation opportunities are available on-site on City-owned land. If suitable mitigation is not present on-site, a change in scope may be required to investigate and analyze other mitigation opportunities. It is assumed that a nationwide Section 404 permit will be appropriate for this project and that a Corps 404(b)1 Alternatives Analysis will not be required. It is assumed that the City will prepare the JARPA form and graphics needed for the permit application. It is also assumed that the City will prepare the Coastal Zone Consistency and SEPA documents and any other City permit forms. URS will provide information to support the applications. We will also support the City in meetings with regulatory agencies for the purpose of securing approvals and permits required for construction. It is assumed that 40 hours of time will be needed to provide information for applications, attend up to 2 meetings, and provide written comment responses to agency questions. nnmm iouummiunwnmm rvovaioi�iv/,r; ... _. 10 UM Exhibit A Task 16 — Support for Dam Safety Permitting and Regulatory Review Process Dam Safety permitting will include completing the following items in accordance with procedures outlined in the DSO "Dam Safety Guidelines": • Dam break inundation analysis in accordance with Technical Note No. 1. • Downstream hazard class in accordance with Technical Note No. 1. • Selection of design/performance goals in accordance with Technical Note No. 2. • Prepare design report in accordance with Part II of the Dam Safety Guidelines that shows conformance with design guidelines for critical design elements listed in Dam Safety Guidelines, Part IV such as storm requirements for routing through dam, geotechnical analysis of dam embankment and structures, and embankment/structure configuration to withstand wind, waves, seismic loading and other external forces. It is assumed that an initial teleconference at the beginning of the project will be held with the DSO. Up to one meeting will be held in Kent with DSO to review the approach and potential design issues that will require DSO approval. It is assumed that other correspondence with DSO will be via telephone and email. It is assumed that the City will prepare drawings and figures for the Dam Safety report. Up to six (6) figures are assumed to be needed. All URS time for production of graphics for the dam safety permit have been moved to the City to conserve budget. An Emergency Action Plan (EAP) and Operation and Maintenance Plan (O&MP) are required by DSO at completion of dam construction. Costs for developing the O&MP are included in this scope and budget. The City will prepare the EAP in coordination with URS. An amendment may be needed to include design and inspection services during construction. The O&M Manual will be developed in coordination with DSO and City of Kent. The O&M Manual will include but not be limited to the following: • General Information per DSO O&M Plan Form. • Specific operation guidelines for structure. • Specific maintenance guidelines for structures. • Specific inspection guidelines and checklist form. • Record drawings (completed by the City of Kent) • Mechanical and Electrical equipment information (cut sheets, manufacturers information). Task 16 — Bidding Support URS will provide support to the City during the bidding process by coordinating with the City in responding to questions posed by potential bidders. If required, URS will support the City in preparing and submitting addenda to the design. It is assumed that the City will prepare addendums, if needed It is assumed that no revisions to Structural, Mechanical, or Electrical drawings will be needed. ESTIMATED SCHEDULE Based on City input, some construction in 2012 is desired. This will be subject to the schedule determined by field investigations and permitting. Field investigations may be completed this fall um nnmm iouummiunwnmm rvovaioi�iv/,r; ... _. 11 Exhibit A and winter, but are somewhat subject to weather. Also, some permits may move more quickly than others: in-water permitting for Mill Creek could move quickly because ESA consultation is not expected. Permits related to work within the wetland area behind the dam may take longer depending on the findings of the investigation and the dam design configuration. URS and the City will work together on drawings and figures for permit submittals. Our anticipated project milestones are as follows. The schedule presented here is flexible and can be adjusted to best meet the needs of the City. ♦ Notice of Award & Contract Negotiations.......................November 2011 ♦ Notice to Proceed...........................................................December 2011 ♦ Design Review Available Data & Identify Gaps..............December 2011 Field Investigations (weather pending)...............December 2011 — February 2012 Hydrologic & Hydraulic Model Review ...............December 2011 — January 2012 Alternatives Analysis Complete..........................February 2012 60% Design........................................................March —April 2012 JARPA & DSO Permit Submittal ........................May 2012 Regulatory Review (minimum time line).............May 2012 —October 2012 90% Design........................................................August 2012 100% Design......................................................October 2012 Operation and Maintenance Plan....................2013 nnmm iouummiu�n�wnmm rvovaioi�iv/,r;�� ... _. 12 Um City of Kent Upper Mill Creek Improvement Project PRELIMINARY DRAWING LIST No. Title Team Lead URS City of Kent GENERAL GA-01 Cover Sheet-Location and Vicinity Map X GA-02 Drawing List X GA-03 General Information,Abbreviations and Symbols X GA-04 General Notes and Structural Notes X GA-05 Site Plan-Sheet 1 X GA-06 Site Plan-Sheet 2 X GA-07 Drainage,and Erosion and Sediment Control Plan-Sheet 1 X GA-08 Drainage,and Erosion and Sediment Control Plan-Sheet 2 X GA-09 Drainage,and Erosion and Sediment Control Plan-Details X GA-10 Site Restoration Plan X CIVIL X C-01 General Arrangement-Plan X C-02 General Arrangement-Sections X C-03 Creek Diversion Plan X C-04 Creek Diversion Sections and Details X C-05 Box Culvert Sections and Details X C-06 Fish Passage Details X C-07 Modified Dam Plan X C-08 Excavation Plan X C-09 Excavation Sections X C-10 Revised Dam Sections and Details-Sheet 1 X C-11 Revised Dam Sections and Details-Sheet 2 X C-12 Outlet Structure Sections and Details-Sheet 1 X C-13 Miscellaneous Metals-Fences and Gates X C-14 Miscellaneous Metals-Grates and Walkways X C-15 Creek Improvement Plan and Sections X C-16 Diversion Channel Plan, Profile,and Sections X STRUCTURAL 5-01 Outlet Structure Concrete Outline- Plan X 5-02 Outlet Structure Concrete Outline-Transverse Section 1 X 5-03 lOutlet Structure Concrete Outline- Longitudinal Section X 5-04 Outlet Structure Reinforcement-Plan X 5-05 Outlet Structure Reinforcement Details Sheet 1 X 5-06 Outlet Structure Reinforcement Details Sheet 2 X 5-07 Outlet Structure Discharge Piping Sections and Details X 5-08 Creek Diversion Reinforcement Plan and Details X 5-09 Creek Diversion Reinforcement Sections and Details X 5-10 Miscellaneous Details X MECHANICAL M-01 Outlet Gate Plan and Sections X M-02 Gate Installation X M-03 Diversion Gate Plan and Sections X ELECTRICAL E-01 Single-line Diagram X E-02 Electrical Site Plan X E-03 Electrical and Control Details X Total: 42 Drawings WR-BPS Drawing List-3.xls F �p8m FPoB® &,mBF �F�B`< N &,�,WN®86Y pp®pA®�6F4"fi8F° „O'4r�" ��4j°i � ®e m w® w a® � amq ® s gamgs � anansmms�aa w 'big°"% reres � re�u m 4 py yy °W d6 4®8 � t EtaB /yam tea/ 4 0 �� B mso8 ry 'as a wus [sore$ & W reoo8 u s[u8 o es8 m o g� uoa3 NJ LV sous fd q e y o i °9''p �y8^.ly.�d � vm8 n11 m8 kb� ° spy Gp s'-®8 ry9L oous 'Qn F 5 ayti R�, gyres � o r�us 'aat"yut roy a®a N oss's _ 'abrw n b cores '9 s is,a 0 'a us � otnres a H _ _ d - _ `ss Em �E. 15 �ojV 8 9 fl 9 ® ® 2 86.. m888m888 F° o88G8888 9 '8 ® m66P BB 1, 8A ^< pg4o1 W»9.kIXGG» »tt8 8 »® G®»a DI 0. 0.9.8G0.A « m a� am 4 py yy °W d6 4®8 � t EtaB so4 ®'A a wu8 n�9tl/ 46 mso8 ry uu8 S 4�y pyahYlW. n .9 ¢ore8 � n aw8 a sub $ p 8 a es e� pn_ aee'_8 o 8 m n o g W EN uv a% t 6018 n q y e o i /'°9''p �y8 � vvs n m8 k �b��° spy Gp s'-®8 ry oou8 w g Vga '9 vq s9'a o io,s n� oP m rr_a 8 sres R d g Em _cE E E E Eg£ P 8 8 8 8 9 8 KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: December 13, 2011 SUBJECT: Parking Revision Ordinance, Fern Crest Development - Adopt MOTION: Adopt Ordinance No. amending section 9.38.020 of the Kent City Code, entitled "No Parking Zones," to add no parking zones in the Fern Crest Neighborhood. SUMMARY: The Fern Crest Homeowner's Association has requested that the City impose a parking restriction prohibiting vehicles from parking on one side of the following listed streets. 1. SE 224th PI - 133rd Ave SE to 134th Place Southeast 2. SE 225th PI - 132nd PI SE to 133rd Ave SE 3. SE 227th St - 132nd PI SE to 134th PI SE 4. 132nd PI SE from SE 227th St to SE 227th PI 5. 133rd PI SE - SE 226th St to SE 227th St 6. 134th PI SE - SE 224th PI to SE 225th PI 7. 134th PI SE - SE 227th St to SE 227th PI The streets are twenty four (24) feet wide and do not provide an adequate path for emergency vehicles if vehicles are parked on both sides of the streets. The Fern Crest Homeowner's Association has requested that parking be prohibited on the side of the streets without sidewalks. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Installation of the signs to implement the parking prohibition is incidental to the Street Maintenance operating budget. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.020 of the Kent City Code to prohibit parking on one side of the street in the Fern Crest neighborhood. RECITALS A. Section 9.38.020 of the Kent City Code sets forth areas within the City of Kent where parking is prohibited. B. Currently, there are no restrictions on parking along Southeast 224th Place from 133rd Avenue Southeast to 134th Place Southeast; Southeast 225th Place from 132nd PI Southeast to 133rd Avenue Southeast; Southeast 227th Street from 132nd Place Southeast to 134th Place Southeast; 132nd Place Southeast from Southeast 227th Street to Southeast 227th Place; 133rd Place Southeast from Southeast 226th Street to Southeast 227th Street; 134th Place Southeast from Southeast 224th Place to Southeast 225th Place; and 134th Place Southeast from Southeast 227th Street to Southeast 227th Place. C. The Fern Crest Homeowner's Association has requested that the City impose a parking restriction prohibiting vehicles from parking on one side of the above-listed streets. The streets are twenty four (24) feet 1 Amend KCC 9.38.020 No Parking Zones in Fern Crest wide and do not provide an adequate path for emergency vehicles if vehicles are parked on both sides of the streets. The Fern Crest Homeowner's Association has requested that parking be prohibited on the side of the streets without sidewalks. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 9.38.020 of the Kent City Code, entitled "No parking zones" is amended as follows: Sec. 9.38.020 No parking zones. A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 2 Amend KCC 9.38.020 No Parking Zones in Fern Crest 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to five hundred (500) feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 11. 27th Place South: from South 259th Place north to South 256th Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 54th Avenue South: from South 228th Street to South 226th Street. 17. 58th Place South: from Russell Road to South 194th Street. 18. 58th Place South: from South 226th Street to south end of 58th Place South. 19. 62nd Avenue South: from South 190th Street to South 196th Street. 20. 64th Avenue South: from south end of road to South 212th Street. 21. 66th Avenue South: from South 196th Street to South 190th Street. 3 Amend KCC 9.38.020 No Parking Zones in Fern Crest 22. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 23. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 24. 76th Avenue South: from South 228th Street to South 212th Street. 25. 77th Avenue South: from South 212th Street to north end of road. 26. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 27. 80th Place South: from 80th Avenue South to 84th Avenue South. 28. 81st Avenue South: from South 200th Street to South 196th Street. 29. 83rd Avenue South: from South 228th Street to South 224th Street. 30. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 31. 88th Avenue South: from East James Street to South 218th Street. 32. 94th Avenue South: from Canyon Drive to South 240th Street. 33. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 34. 100th Avenue Southeast: from Southeast 248th Street to Southeast 218th Street. 35. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 4 Amend KCC 9.38.020 No Parking Zones in Fern Crest 36. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 37. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 38. 108th Avenue Southeast: from Southeast 281st Street to Kent- Kangley Road (SR 516). 39. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 40. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 41. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 42. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 43. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 44. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 45. 117th Avenue Southeast: from Southeast 244th Street to end of street. 46. 118th Court Southeast: from Southeast 244th Street to end of street. 47. 119th Court Southeast: from Southeast 244th Street to end of street. 48. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 49. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 50. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 5 Amend KCC 9.38.020 No Parking Zones in Fern Crest 51. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 52. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 53. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 54. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 55. 148th Avenue Southeast/152nd Way Southeast: from North City Boat Ramp to Kent-Kangley Road (SR 516). 56. 152nd Avenue Southeast/152nd Way Southeast: from Kent- Kangley Road (SR 516) to SR 18. 57. Alder Lane/South 262nd Street: from Central Avenue South to five hundred (500) feet east of Central Avenue South. 58. Cambridge Way: two hundred (200) feet south of South 262nd Street, west side only. 59. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 60. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 61. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 62. East Harrison Street: from one hundred forty (140) feet west of 4th Avenue North to 4th Avenue North, south side only. 63. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 64. East Pioneer Street: from one hundred seventy (170) feet east of Central Avenue to State Avenue, south side only, and from 6 Amend KCC 9.38.020 No Parking Zones in Fern Crest Central Avenue South to two hundred (200) feet east of Central Avenue, north side only. 65. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 66. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehicle parking only. 67. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 68. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 69. East Titus Street: from East Smith Street to Reiten Road South. 70. Frager Road South: from West Meeker Street to South 204th Street. 71. Interurban Trail Street: from Meeker Street to Smith Street. 72. Kennebeck Avenue South: from East Smith Street to East Ward Street. 73. Lake Fenwick Road: from South Reith Road to South 272nd Street. 74. Lakeside Boulevard East: from South 240th Street to South 228th Street. 75. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 76. Landing Way: from 64th Avenue South to West Valley Highway. 77. Lincoln Avenue North: from West Meeker Street to West James Street. 78. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 79. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 80. Novak Lane: from Central Avenue to west end of street. 7 Amend KCC 9.38.020 No Parking Zones in Fern Crest 81. Ramsay Way: from 4th Avenue North to two hundred thirty (230) feet east of 4th Avenue North. 82. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred forty (440) feet east of 4th Avenue North, south side only. 83. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred eighty (480) feet east of 4th Avenue North, north side only. 84. Ramsay Way: from five hundred twenty (520) feet east of 4th Avenue North to one hundred fifty (150) feet north of West Temperance Street. 85. Ramsay Way: from West Temperance Street to West Smith Street. 86. Riverview Boulevard: from South 216th Street to South 232nd Street. 87. Russell Road South: from end of street at Green River Trail to West James Street. 88. Russell Road South: from South 228th Street to South 212th Street. 89. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 90. South 190th Street: from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 91. South 192nd Street: from the west end of the road to 84th Avenue South. 92. South 194th Street: from 58th Place South to 66th Avenue South. 8 Amend KCC 9.38.020 No Parking Zones in Fern Crest 93. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 94. South 196th Street/Russell Road/South 200th Street: from SR 167 to Orillia Road. 95. South 200th Street: from 80th Avenue South to 84th Avenue South. 96. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 97. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 98. South 206th Street: from 72nd Avenue South to 77th Avenue South. 99. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 100. South 208th Street: from 84th Avenue South to 96th Avenue South. 101. South 212th Street: from west city limits to east city limits. 102. South 216th Street: from 64th Avenue South to 72nd Avenue South. 103. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 104. South 218th Street: from 84th Avenue South to SR 167. 105. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 106. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 107. South 224th Street: from 83rd Avenue South to east end of road. 108. South 226th Street: from 54th Avenue South to 64th Avenue South. 9 Amend KCC 9.38.020 No Parking Zones in Fern Crest 109. South 228th Street: from Russell Road South to 83rd Avenue South. 110. South 231st Way: from Military Road South to Russell Road South. 111. South 234th Street: from West Valley Highway to east end of street. 112. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 113. South 240th Street: from 27th Avenue South to I-5. 114. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 115. South 256th Street: from 27th Place South east to the traffic control gate. 116. South 259th Street: from 74th Avenue South to east city limits. 117. South 260th Street/South 259th Place South/Reith Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 118. South 268th Street: from Military Road South to Princeton Avenue South. 119. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 120. South 277th Street and Southeast 274th Way: from Auburn Way North to 116th Avenue Southeast. 121. South Central Place: from South 266th Street to the end of South Central Place. 122. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 123. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 10 Amend KCC 9.38.020 No Parking Zones in Fern Crest 124. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 125. Southeast 248th Street: from 104th Avenue Southeast to 116th Avenue Southeast, south side only. 126. Southeast 248th Street: in front of George Daniels Elementary School. 127. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 128. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 129. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 130. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 131. Southeast 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 132. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 133. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 134. West Gowe Street: from 6th Avenue South to three hundred (300) feet east of 6th Avenue South. 135. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 136. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 137. West Saar Street: from west end of street to 4th Avenue South, south side only. 11 Amend KCC 9.38.020 No Parking Zones in Fern Crest 138. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 139. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 140. West Temperance Street: from Ramsay Way to 1st Avenue North. 141. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 142. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 143. Woodland Way South: from East Maple Street to South 262nd Street. 144. Southeast 224th Place: from 133rd Avenue Southeast to 134th Place Southeast, south side only. 145. Southeast 225th Place: from 132nd PI Southeast to 133rd Avenue Southeast, north side only. 146. Southeast 227th Street: from 132nd Place Southeast to 134th Place Southeast, south side only. 147. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 148. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 149. 134th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 150. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles 12 Amend KCC 9.38.020 No Parking Zones in Fern Crest parked in violation of this section are subject to impoundment as provided by law. SECTION 2, — Severabilitv. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 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 13 Amend KCC 9.38.020 No Parking Zones in Fern Crest 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\Parking Prohibited-Fern Crest Neigh borhood.docx 14 Amend KCC 9.38.020 No Parking Zones in Fern Crest KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: December 13, 2011 SUBJECT: Blue Boy Reservoir Seismic Retrofit - Accept as Complete MOTION: Accept the Blue Boy Reservoir Seismic Retrofit Project as complete and release retainage to Western Engineering Constructors, Inc., upon receipt of standard releases from the state and release of any liens. The original contract amount was $141,818.93. The final contract amount was $133,842.89. SUMMARY: Water reservoirs have been constructed for decades to withstand earthquakes; however, the City's older reservoirs were not built to meet current standards. Without improvements, several of the older reservoirs were more susceptible to damage during earthquakes. The Blue Boy tank, located north of James Street off of 98th Avenue South, was built in 1966 and required structural reinforcement at the foundation to help reduce the potential for damage. This project is now complete and all of the City's reservoirs have been seismically strengthened to meet the latest standards. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded through the Water Utility. KENT Agenda Item: Consent Calendar - 70 TO: City Council DATE: December 13, 2011 SUBJECT: Horseshoe Bend Levee Improvements - Accept as Complete MOTION: Accept the Horseshoe Bend Levee Improvements Project as complete and release retainage to Lloyd Enterprises, Inc., upon receipt of standard releases from the state and release of any liens. The original contract amount was $294,463.38. The final contract amount was $207,076.85. SUMMARY: As part of the citywide effort to certify the Green River Levees, a portion of the Horseshoe Bend Levee was raised to meet requirements of the Federal Emergency Management Agency (FEMA). This project is now complete and ready to be accepted as complete. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Cost for this work is covered entirely by the $10 million Department of Ecology grant for the Horseshoe Bend Levee. KENT Agenda Item: Consent Calendar - 7P TO: City Council DATE: December 13, 2011 SUBJECT: Central Avenue Plaza Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Central Avenue Plaza project permit No. 2090461, for 2 gate valves, 1 hydrant, and 20 linear feet of waterline. SUMMARY: Central Avenue Plaza is located at 212 Central Avenue North. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 —4 " AVENUE SOUTH WASH I M a T o m KENT,WASHINGTON 98032 8 °w'f � Project: FiVTq 4 i0LVe ?414 Permit � a� � LOC241On; /Z CCA1reA/ AUE./V• Parcel BILL OF SALE CITY OF KENT �tK�{ING COUNTY, WASHINGTON THIS INSTRUMENT made this day of—AL 20,_,, by and between "Grantors", and City of Kent, a Municipal co , hereinafter called "Grantee": hereinafter rporatfon of King County, State of Washington, hereinafter called WITNIESSETH, That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WATERMAIN : Together withG total of--Z--gate valves at$ Q5'0 each, / hydrants at $—Z'S�'each and/or any other appurtenances thereto. PH (street,ea$eement, etc.) FROM To Nt2A� uC ,iY _ 0 Z/Z C�NfQq��LC• N. Including�,linear feet at $. Ga'12® par LF of G� (size &type) O..T. Waterline. B. SANrrARV SEWERS. Together with a total of manholes,at$ each and/or an other therein.. . Y appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale Iof5 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances FROM (street, easement, etc.) Including linear feet at$ per LF of (size &type) (improvement). D. P AGE ROVEME Together with lights,trees, landscaping (except residential streets) and/or any other appurtenances 2M FROM (Street, easement, etc.) including linear feet at $ per LF of (size &type) (improvement), E. STORM.SEWERM; Together with a total of manholes at $ each or total of catch basins at $ each, LF of bioflitration $wale or drainage ditch with a total cost of $ , cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. OM FROM TO (street, easement, etc.) Including linear feet at$ per LF of (size.&type) sewerline. To have and to hold the same to the said Grantee, Its successors and assigns forever. The.undersigned hereby covenants that It is the lawful owner of said property; and.that the same Is,free from all encumbrances; that all bills for labor and materials have-been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s); The Bill of Safe is given on consideration of the agreement of the Grantee for Itself, its successors and assigns to incorporate said utilities in Its utility system and to maintain.them as provided In the applicable City Ordinances.maintenance period.The City accepts the Items subject to staff approval and completion of a 2 year Bill of Sale 2 of 5 ) SS COUNTY OF KING ) [R's iii Ver 2u , before me, the unJerigned A Notary Public In and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument, - Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at Fly Commission Expires, The Bill of Sale Is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 BIII of Sale 4of5 IN WITNE WHEREOF, the undersigned has caused this instrument to be executed on this day of a , 20 . IN WYTNESS WHEREOF, the undersigned has caused this instrument to be executed on this day or ,20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) } On this . day of- 20 , before me, the undersigned A ota/r�y` ubid-c in and for the State of Washington, duly commissioned and sworn, personally appeared k P�f to me known to be the individual described In and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of f j� 20 \SS\oo � o \,\olAP,Y �, : Not ry PublAnnd,for the—State of a ` Washington, residing at 'aFOF W NS 1111i KV Commission Eirplres: 2- Bill of Sale 3of5 s . KENT "Y A a N,..- K �.`IGIN ER'S CERTIF—ECATION I o T KEM KING C0U-f4 `Ilr WAS HING-10N The figures used on the Bill of Sale for project for the same said. ,t,�,¢,�/ �ruFYL�/L'N�� project• LEX/iNDNiZ S• /�0(3 the undersigned P.E. or ianu surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of DWeL8 - }M T, "„e firm responsible for the preparation of the record drawings, Signature tncrrssPaerrn vuqLJT�"P•S r V,..qp's31 ' Bill Oi Safe SOf1 'r KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: December 13, 2011 SUBJECT: Eastman Consultant Contract, Boeing Levee Appraisals — Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with the Eastman Company to complete property appraisals for the Boeing Levee Project in an amount not to exceed $12,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Boeing Levee is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in combination with the other levee segments along the Green River, protects the Kent Valley businesses and residential areas from flood risks. Consultants hired to certify the Boeing Levee found areas in the north end of the levee segment at the Three Friends Fishing Hole Park that need improvements. To address these areas, a flood wall is being proposed to meet FEMA Accreditation standards. The proposed flood wall will be placed between the city park and adjacent, private commercial properties. Access will be required on these properties during construction and after construction for inspection and maintenance of the flood wall. An appraiser must be hired to evaluate the value of the adjacent land for acquisition of easements. This work is necessary for FEMA Accreditation of the Boeing Levee. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City received a $2.07-million grant from the Washington State legislature for work on the Boeing Levee. This grant is administered by the Washington State Department of Ecology with reimbursement to Kent via an Interlocal Agreement with the King County Flood Control District. The interlocal agreement was passed by Council on November 1, 2011. The Eastman Company Rick Mcllen,MAI Real Estate Appraisers/Analysts/Consultants Donald K.Melton 925 North 130th Street PaulZemtseff Seattle,WA 98133 Mitch Vander Brock Phone(206)363.6611 Carl Bolstad (888)251-2921 Kevin Congleton Fax(206)363-5507 don@,wavalue.com November 16, 2011 Ms. Ingrid Willms-Dixon, Project Analyst Design Engineering/Publie Works Department City of Kent 220 Fourth Avenue south Kent, WA 98032 Re: Appraisal Bid for three properties located at or near, 20119 59`h Place South, Kent, WA. Also knows at the Boeing Levee Project(Three Friends Fishing Hole). Dear Ms. Ingrid Willms-Dixon: Thank you for the opportunity to bid on this appraisal assignment. We can provide summary format appraisals using a "Before/After Appraisal' methodology for each of the three parcels. It is our understanding that the proposed acquisitions are a combination of access easements and fee takings for use in the Boeing Levee Project,by the City of Kent. Our fee for the appraisal of Parcel number 660021-0230 will not exceed Two Thousand Dollars($2,000). Our fee for the appraisal of Parcel number 660021-0240 is Five Thousand Dollars($5,000). Our fee for the appraisal of Parcel number 660021-0220 is Five Thousand Dollars ($5,000). The total appraisal fee is$12,000($2,000+$5,000+$5,000=$12,000). We can complete the assignment within 30 to 40 days of receiving notification to proceed,assuming that all needed information is provided on a timely basis. Delay in providing the required information may result in delayed completion of the assignment. We will try to have all appraisals completed on or before the end of December 2011. If you have any questions about this bid, do not hesitate to call me at 206-363-6611. Please notify me as soon as possible if you want me to proceed. Sincerely, Donald K. Melton, President The Eastman Company KENT Agenda Item: Consent Calendar - 7R TO: City Council DATE: December 13, 2011 SUBJECT: Granger Company Consultant Contract, Boeing Levee Appraisals Review - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with the Granger Company to review property appraisals for the Boeing Levee Project in an amount not to exceed $2,700, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Boeing Levee is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in combination with the other levee segments along the Green River, protect the Kent Valley businesses and residential areas from flood risks. Consultants hired to certify the Boeing Levee found areas in the north end of the levee segment at the Three Friends Fishing Hole Park that need improvements. To address these areas, a flood wall is being proposed to meet FEMA Accreditation standards. The proposed flood wall will be placed between the city park and adjacent, private commercial properties. Work at this levee will be funded by a state grant. Acquisition of property requires an appraisal and a review appraisal prior to purchase. This contract is for review appraisal services. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City received a $2.07-million grant from the Washington State legislature for work on the Boeing Levee. This grant is administered by the Washington State Department of Ecology with reimbursement to Kent via an Interlocal Agreement with the King County Flood Control District. The interlocal agreement was passed by Council on November 1, 2011. Granger Company the Right of Way Appraising and Consulting November 16, 2011 City of Kent Public Works Dept. Attention: Ingrid Willms-Dixon, Project Analyst 220 Fourth Ave. S. Kent, WA 98032-5895 re: Boeing Levee;Three Friends Fishing Hole Project; Appraisal Review Services Dear Project Analyst Willms-Dixon: Per your request please be advised that my fee proposal to review the appraisals on this project ' is $800 per appraisal review. For the project's 3 appraisal reviews plus 3 additional hours for project owner (rebuttal) reviews, map change reviews, and consultation, this would total $2,700. This is a total fee that includes all my expenses, charges,taxes, and costs. This fee is based on the the rate I charge my best clients, $100 per hour. My deliverables will be appraisal review reports that meet or exceed all state, federal, WSDOT, TIB.'', IAC (RCO), USPAP, and the City of Kent requirements. I will personally write and sign the reviews. Please be advised that I am on the WSDOT List of Approved Review Appraisers. I can start each review within one week of my receipt of a complete copy of the appraisal that I can keep for my files. I can complete each review within three to five work days thereafter. Thank you for the opportunity of bidding on this important project. r If you have any questions,please contact me. '.. Sincerely, Joseph H. Granger, Review Appraiser, Owner/Sole Proprietor, the Granger Company 7312 Meridian Rd SE voice and fax: (360)459-8203 cell: (360)870-5039 Olympia, WA 98513 email:GrangerCompany®eartklink.net KENT Agenda Item: Consent Calendar - 7S TO: City Council DATE: December 13, 2011 SUBJECT: Rittenhouse Consultant Contract, Boeing Levee Right-of-Way Acquisition Services - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Rittenhouse Consulting for Right-of-Way Acquisition Services for the Boeing Levee Project in an amount not to exceed $15,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Boeing Levee is approximately one river mile in length and is located between S. 200th St. and S. 212th St. on the right bank of the Green River. This levee reach, in combination with the other levee segments along the Green River, protect the Kent Valley businesses and residential areas from flood risks. Consultants hired to certify the Boeing Levee found areas in the north end of the levee segment at the Three Friends Fishing Hole Park that need improvements. To address these areas, a flood wall is being proposed to meet FEMA Accreditation standards. The proposed flood wall will be placed between the city park and adjacent, private commercial properties. Access will be required on these properties during construction and after construction for inspection and maintenance of the flood wall. This contract is for a specialist to complete easement acquisition. This work is necessary for FEMA Accreditation of the Boeing Levee. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City received a $2.07-million grant from the Washington State legislature for work on the Boeing Levee. This grant is administered by the Washington State Department of Ecology with reimbursement to Kent via an Interlocal Agreement with the King County Flood Control District. The interlocal agreement was passed by Council on November 1, 2011. wittenhouse Consufting x *Q >:V Aught-of Waj?, Relocalivn and Real Estate Services November 14, 2011 Mark Ilowlett, Design Engineering Manager Public Works Department 220 Fourth Avenue South Kent, WA 98032 RE: Boeing Levee Project Dear Mark: Thank you for allowing me to submit a proposal on (lie above-referenced project, as communicated to the by Jerry McCaughan. Please accept this fetter as a Consulting Proposal/Scope of Work as follows: PitOPOSAL/SCOPIi OF WORK 'This Proposal/Scope of Work is for Profession Negotiation for the acquisition of right-of=way needed for the following identified parcels: I. Dickson Brothers 11C - Parcel #6600210220 2. Johnson property I loldings LLC° Parcel # 6600210240 3. Vacant land Parcel # 660021-0230 It is estimated that this work will be approximately $5,000 per parcel, for a total of$15,000, and will be billed at the rate of$NS per hour. Preparation of the necessary packets needed fear the negotiation and acquisition work will be performed under the direction of your consultant Jerry McCaughan,of GB McCaughan & Assoc. The City will provide, where applicable, the most recent cngineea°ing/urtility/design plans, title reports and appraisals at the beginning of the project, and will provide any changes to plans, supplemental title reports, etc., throughout the project. The City will also provide approved and completed documents (i.e. deeds, utility/easements, legal descriptions, permits, etc.) for negotiator packets. l:,xcisc "fax Affidavits, where applicable, and vendor forms wil I be completed by Rittenhouse Consulting, The City will arrange appraisal schedules so that the negotiator agent can be present. Additional standard charges such as mileage and customary reimbursements(copies, long distance phone calls, etc.), if any, will be balled at actual cost. 6229 121"Aherne SE M Bellevue, WA 4 98000-4422 Office 2#6.714-0826♦Fax+423-641-4091 ♦ pCYSi e�, qa cwwM mec l„ MISSION STATEMENT Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times, and treat property owners with respect. tf you require anything further from rarer please do not hesitate to contact ine. Sincerely, VI - nne Rittenhouse, SR/WA, R/W-RAC, IVW-NAC' Owner, Rittenhouse Consulting 6229 12P Aoeaaue SE h Bellevise, WA 9$606-4422 (J,tice 206-714-9826+ Fax 425-641-4091 dedYa g�arsc rat. g KENT Agenda Item: Consent Calendar - 7T TO: City Council DATE: December 13, 2011 SUBJECT: Gray & Osborne Consultant Contract, Guiberson Reservoir - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Gray & Osborne, Inc. for engineering services for the Guiberson Reservoir Replacement in an amount not to exceed $22,600, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Guiberson Reservoir is approximately 70 years old and needs to be replaced. Gray & Osborne, Inc. was selected to perform the design for the new reservoir. The first phase is to determine the shape and size of the new reservoir. Under this contract, Gray & Osborne, will provide the City with conceptual design and recommendations for a new reservoir, and support for obtaining a Conditional Use Permit, which is required to construct the project in the future. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this work have been included in the 2012 water budget. ray Sb'0r-aX1—_, Incur November 15, 2011 Mr. Mark Howlett, P.E. Design Engineering Manager City of Kent 400 West Gowe Kent, Washington 98032-5895 SUBJECT: PROPOSAL FOR ENGINEERING SERVICES CITY OF KENT, KING COUNTY, WASHINGTON G&O #20114.78 Dear Mr. Howlett: This letter is a proposal for engineering services associated with the Guiberson Reservoir. Based on our meeting with the City on October 3, 2011, we have prepared a scope of work that aids in the discussion concerning options at the Guiberson Reservoir site. Our understanding of the Guiberson site is that the main parcel (Parcel 0006600054) is approximately 260 feet by 330 feet. There is an adjacent parcel that borders the main parcel to the west(Parcel 0006600104). The parcel is odd-shaped, with a width of 20 feet for the southerly 200 feet and a width of 1.75 feet for the northerly 130 feet. The main parcel is bounded to the south by the East Seattle Street right-of-way. To the east, there is an unimproved right-of-way that currently has a gravel access road on it. The easterly portion of the north parcel border is also right-of-way, but the westerly portion of the north border abuts private lots. It is assumed that the new reservoir will be located in the southern part of the main lot to leave the north portion of the lot for existing and future water system piping. One of the main issues that will need to be decided is whether to construct a new round reservoir(DYK style) or to construct a custom-built rectangular tank. During our discussion on October 3, City staff expressed an interest in pursuing a round tank, if possible. The disadvantage of a round tank is that it does not use the available space as efficiently as a rectangular tank and will likely be of smaller volume. The size of a round tank will be limited by the setbacks and construction issues. For example, if a 25-foot setback is required by the City on the main lot, the maximum round 701 Dexter Avenue N., Suite 200 Seattle, Washington 98109 (206) 284-0860 Fax (206) 283-3206 P,,:e�o,,,�,�,�iea n�oa, Mr. Mark Howlett, P.E. November 15, 2011 Page 2 tank diameter would be 210 feet and the tank volume would be 5.2 million gallons, assuming a 20-foot water depth. If the City could obtain a variance and build right up to 5 feet from the west property line and use Parcel 0006600104 as an additional setback from adjacent private landowners, then the maximum diameter could be increased to 230 feet and the volume would be 6.2 million gallons. If a 15-foot setback is assumed to the east and the tank is built right to the westerly property boundary leaving Parcel 0006600104 as a buffer,the tank diameter could be increased to 245 feet with a volume of 7 million gallons. This is likely the largest size that can be accommodated on the site without additional land since tank construction will require at least 10 to 15 feet of clearance at the existing property lines. One option that was discussed at the meeting on October 3 was increasing the height of the reservoir overflow to increase the storage volume. City staff indicated that because of the demand locations in the zone and dynamic losses in the piping, the water surface of Guiberson is sometimes higher than the other reservoirs in the zone. If the City wants to construct the new Guiberson Reservoir with a higher overflow, we recommend that an analysis be performed to ensure that the higher overflow will result in usable storage. This analysis should include hydraulic modeling of dynamic losses and an evaluation of control measures at the other reservoirs to ensure no overflows occur during low use periods. An additional measure would be to split the zone into two zones, with a Guiberson zone that is slightly higher than the existing zone. To aid in the discussion and eventual decision of sizing and type at the Guiberson site, we propose the following scope of work: • Gray & Osborne will meet with City staff to determine existing setbacks per City code and opportunities to obtain setback variances. • Gray & Osborne will provide City staff with conceptual design information for up to three reservoir options. The conceptual design information for each option will include a preliminary site plan and four site renderings based upon aerial and site photographs. Additional reservoir options or renderings can be generated on a time-and-materials basis. • Gray& Osborne will provide the City with a technical memorandum discussing reservoir storage at the Guiberson site. The memorandum will be based upon the latest version of the Water System Plan and will include an analysis of each of the three reservoir options. The analysis will review Mr. Mark Howlett, P.E. November 15, 2011 Page 3 the City's storage requirements both overall and in the 240 Zone, as well as the effect of additional Tacoma source water on storage. The intent of this first phase of work is to facilitate discussion and aid in determining the type and size of the proposed reservoir. The final exhibits would then be used to initiate the Conditional Use Permit(CUP) process. This scope of work does not include the technical support for the CUP process, which could be added as an additional scope of work in the future. The not-to-exceed cost for this scope of work is $22,600. A detailed list of hours and costs is attached. Please contact the undersigned if you have any questions or require further information. Very truly yours, GRAY & OS$ORN , INC. Russe Porter, P.E. RLP/hhj Encl. P �aoore.,d -p,., EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City of Kent- Guiberson Reservoir Preliminary Design Project Structural CADD Mgr. Civil Eng. Eng. Tech. Tasks Hours Hours Hours Hours Meeting with City 4 4 Develop Conceptual Designs (3) 6 24 4 108 Storage Analysis 4 32 Recommendation Report 6 16 2 QA/QC 2 2 1 Hour Estimate: 22 78 7 108 Estimated Hourly Rates: $46 $36 $46 $28 Direct Labor Cost $1,012 $2,808 $322 $3,024 Subtotal Direct Labor: $ 7,166 Indirect Costs (171%): $ 12,254 Total Labor Cost: $ 19,420 Fee (15%): $ 2,913 Subtotal Labor & Fees: $ 22,333 Direct Non-Salary Cost: Mileage & Expenses (Mileage @ $0.55/mile) $ 267 TOTAL ESTIMATED COST: $ 22,600 G&D u2m 14.28 Page 1 of 1 KENT Agenda Item: Consent Calendar - 7U TO: City Council DATE: December 13, 2011 SUBJECT: Meeker Street Speed Limit Revision Resolution - Adopt MOTION: Adopt Resolution No. amending the speed limit to 35 MPH on West Meeker Street from Washington Avenue South to Russell Road. SUMMARY: Staff researched the history of the speed limit on West Meeker Street from Washington Avenue westerly to SR 516 (Kent-Des Moines Road) and conducted an engineering and traffic investigation of West Meeker Street from Washington Avenue to SR 516 to determine if the existing speed limit of 40 MPH is appropriate given the increased commercial/retail development and traffic congestion on West Meeker Street. Traffic studies showed the 85th percentile speed between Washington Avenue and 64th Avenue to be 37.9 MPH, between 64th Avenue and Russell Road to be 36.6 MPH and to be 40.6 MPH west of Russell Road. Based on the traffic study results, and considering the number of driveways and potential conflict points along the route, staff is recom- mending the speed limit be reduced to 35 MPH for West Meeker Street between Washington Avenue South and Russell Road. From Russell Road South westerly, staff recommends no change to the existing speed limit of 40 MPH. EXHIBITS: Resolution RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Installation of the signs to implement the speed limit revision is incidental to the Street Maintenance operating budget. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to vehicular speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. The Kent Traffic Code, Section 9.36.010, adopts by reference the Model Traffic Ordinance set forth in Washington Administrative Code in Chapter 308-330 WAC (Ordinance 3170). B. Provisions of the Model Traffic Ordinance, Washington Administrative Code Section 308-330-270, and RCW 46.61.415, set forth the procedure for the local authority to determine and declare the speed limits on city arterials, streets and other rights of way, based on an engineering and traffic investigation by the traffic engineer. C. Pursuant to the Model Traffic Ordinance, Chapter 9.40 of the Kent City Code was adopted to provide that the City may establish speed limits on certain designated streets by resolution. 1 Resolution Vehicular Speed Limits D. A list of the speed limits on certain designated streets in the City was properly made and adopted by Resolution No. 1844 following an engineering and traffic investigation. E. As a result of an engineering and traffic investigation, the City Council desires to update and amend the list of speed limits set forth in Resolution No. 1844. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — SECTION 1. — Repealer. Resolution No. 1844 relating to vehicular speed limits is hereby repealed in its entirety. SECTION 2. — Adopt. Increasing or Decreasing Speed Limits on Certain Streets, Highways or other Rights-of-Way. It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as hereinafter set forth on the streets or portions of the streets listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof; provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour or exceed sixty (60) miles per hour. 2 Resolution Vehicular Speed Limits Name of street or portions affected Speed limit 1. Pacific Highway South (SR 99) from the 45 mph intersection of South 272nd Street to the intersection of Kent-Des Moines Road (SR 516) 2. Military Road from the intersection of South 35 mph 229th Street to the intersection of South 250th Street 3. Military Road from the intersection of South 40 mph 250th Street to the intersection of South 272nd Street 4. Reith Road/South 259th Place/South 260th 35 mph Place from the intersection of Kent-Des Moines Road (SR 516) to the intersection of Pacific Highway South (SR 99) 5. Lake Fenwick Road from the intersection of 35 mph Reith Road to the intersection of South 272nd Street 6. South 196th/Russell Road/South 200th Street 35 mph from the intersection of 84th Avenue South to the intersection of Orillia Road 7. 64th Avenue South from Meeker Street to 35 mph South 212th-Street 8. West Valley Highway from the intersection of 50 mph South 180th Street to 830 feet North of the Intersection of Morton Street (South 238th Street) 9. West Valley Highway from the intersection of 35 mph Morton Street (South 238th Street) to the intersection of Frager Road 10. West Valley Highway from the intersection of 40 mph Frager Road to a point 180 feet North of the intersection of South 262nd Street 11. West Valley Highway from a point 180 feet 50 mph north of South 262nd Street to the 3 Resolution Vehicular Speed Limits intersection of South 272nd Street 12. 84th Avenue South from the intersection of 40 mph South 180 Street to the intersection of SR 167 13. Central Avenue North from the intersection 35 mph of SR 167 to the intersection of James Street 14. Central Avenue North from the intersection 30 mph of James Street to the intersection of Willis Street 15. Central Avenue South from the intersection 40 mph of Willis Street to the Green River Bridge 16. 74th Avenue South from the intersection of 35 mph SR 516 to the intersection of South 259th Street 17. 72nd Avenue South from the intersection of 35 mph South 262nd Street to the intersection of South 277th Street 18. 4th Avenue North from the intersection of 35 mph South 228th Street to the overpass for SR 167 19. 76th Avenue South from the intersection of 35 mph South 212th Street to the intersection of South 228th Street 20. 4th Avenue North from the overpass for SR 30 mph 167 to the intersection of Willis Street 21. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 22 92nd Avenue South from the intersection of 35 mph South 208th Street to the intersection of South 200th Street. 23. 104th Avenue Southeast from the intersection 35 mph of Southeast 256th Street to the intersection of Southeast 272nd Street 24. Kent-Des Moines Road (SR 516) eastbound 35 mph from a point 50 feet west of the intersection 4 Resolution Vehicular Speed Limits of 27th Avenue South to the intersection of 30th Avenue South 25. Meeker Street from Kent-Des Moines Road 40 mph (SR 516) to point SOO feet west of the 0nteFseetien of West Valley Highway (Washington Avenue) Russell Road. 26. Meeker Street from Russell Road to 35 mph Washington Avenue South (West Valley Highway). 276. Meeker Street from Washington Avenue 30 mph (West Valley Highway a point 500 feet west of the OnteFseetien of West Valley Highway (Washington Avenue) to the intersection of 6th Avenue 28-7. Smith Street (SR 516) from the intersection 30 mph of Lincoln Avenue to the intersection of Central Avenue North 298. Canyon Drive (SR 516) from the intersection 40 mph of Hazel Avenue to the intersection of 100th Place Southeast 3029 Southeast 256th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 148th Avenue Southeast 318. Kent-Kangley Road (SR 516) from the 35 mph intersection of Southeast 256th Street to the intersection of 116th Avenue Southeast 321. Willis Street (SR 516) from the intersection 30 mph of 4th Avenue to the intersection of Central Avenue South 332. 97th Place South from the intersection of 30 mph Canyon Drive (SR 516) to the intersection of 100th Place Southeast 34-3. Southeast 264th Street from the intersection 35 mph of 100th Place Southeast to the intersection of 108th Avenue Southeast 354. South 228th Street from the intersection of 35 mph 54th Avenue South to the intersection of West Valley Highway (68th Avenue South) (SR 5 Resolution Vehicular Speed Limits 181) 365. South 228th/83Id Avenue South/South 224th 40 mph Street from the intersection of West Valley Highway (68th Avenue South) (SR 181) to the intersection of 84th Avenue South 376. South 212th Street from the west city limits 40 mph to the east city limits 38-7. South 208th Street from the intersection of 35 mph 84th Avenue South to the intersection of 92nd Avenue South 398. 116th Avenue Southeast from the intersection 35 mph of Southeast 227th Place to the intersection of Kent-Kangley Road (SR 516) 4039 116th Avenue Southeast from the intersection 40 mph of Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 418. Southeast 248th Street from the intersection 35 mph of 94 th Avenue South to the intersection of 132nd Avenue Southeast 42-1. Southeast 277th Street from the overpass for 50 mph 108 thAvenue Southeast to the intersection of 86th Avenue South 432. Reiten Road from Titus Street to Maple 30 mph Street 443. Maple Street from Reiten Road to Tilden 30 mph Avenue 454. Woodland Way South from Tilden Avenue to 30 mph the intersection of Southeast 267th Street 465. Southeast 267th Street from the intersection 30 mph of Woodland Way to the intersection of 104th Avenue Southeast 476. 77th Avenue South from the intersection of 35 mph South 212th Street to the north end of the road 48-7. James Street/Southeast 240th Street from 6 Resolution Vehicular Speed Limits the inter-section of Russell Road to the 35 mph intersection of 116th Avenue Southeast 498. Southeast 240th Street from the intersection 40 mph of 116th Avenue Southeast to the intersection of 137th Avenue Southeast 5_049 Southeast 240th Street from the intersection 35 mph of 137th Avenue Southeast to the intersection of 148th Avenue Southeast 518. South 190th Street from the intersection of 35 mph 72nd Avenue South to the intersection of 62nd Avenue South 52-1. South 277th Street from the intersection of 40 mph 86th Avenue South to the intersection of Auburn Way North 53-2. South 194th Street from the intersection of 35 mph 66th Avenue South to the intersection of Russell Road/58th Place South 543. 70th/72nd Avenue South from the intersection 35 mph of South 228th Street to the intersection of South 180th Street 554. South 216th Street from the intersection of 35 mph 64th Avenue South to the intersection of 72nd Avenue South 56S. South 220th Street from the intersection of 35 mph West Valley Highway (68th Avenue South) (SR 181) to the intersection of 72nd Avenue South 576. 80th Avenue South from the intersection of 35 mph South 180th Street to the intersection of South 196th Street 587. Southeast 260th Street from the intersection 35 mph of 97th Place South to the intersection of 108th Avenue Southeast 598. 101st Avenue Southeast from the 30 mph intersection of Southeast 256th Street (SR 516) to the intersection of Southeast 260th Street 7 Resolution Vehicular Speed Limits 6059 108th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the south city limits 618. Kent-Kangley Road (SR 516) (Southeast 45 mph 272nd Street) from the intersection of 116th Avenue Southeast to the overpass for SR 18 621. 114th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 269th Street 63-2. 120th Avenue Southeast from the intersection 35 mph of Southeast 240th Street to the intersection of Southeast 248th Street 64-3. 124th Avenue Southeast from the intersection 35 mph of Southeast 248th Street to the intersection of Southeast 282nd Street 654. 132nd Avenue Southeast from the 35 mph intersection of Southeast 240th Street to the intersection of Southeast 282nd Street 665. 144th Avenue Southeast from the intersection 35 mph of Kent-Kangley Road (SR 516) to the intersection of Southeast 288th Street 676. 152nd Avenue Southeast from the 35 mph intersection of Kent-Kangley Road (SR 516) to the south city limits 68-7. South 272nd Street from the intersection of 35 mph Pacific Highway South (SR 99) to the intersection of Military Road 698. South 240th Street from the intersection on 35 mph Pacific Highway South (SR 99) to the west city limits 7069 148th Avenue Southeast from the intersection 35 mph of Southeast 256th Street to the intersection of Southeast 240th Street 718. Southeast 248th Street from the intersection 35 mph of 94th Avenue South to the intersection of 132nd Avenue South 8 Resolution Vehicular Speed Limits 721. Smith Street from the intersection of Central 30 mph Avenue North to the intersection of Hazel Avenue 73-2. 42nd Avenue South from the intersection of 35 mph 216th Street to the intersection of South 212th Street 74-3. Green River Road from the north city limits 35 mph north of the Green River (Don Wickstrom) Bridge to the south city limits 754. 104th Avenue Southeast (SR515) from the 35 mph intersection of Southeast 256th Street to a point 100 feet north of the intersection of Southeast 236th Street. 765 104th Avenue Southeast/Benson Road 40 mph Southeast/108th Avenue Southeast (SR515) from a point 300 feet north of the intersection of southeast 235th Place to the intersection of Southeast 192nd Street. SECTION 3, — Duties of city traffic engineer. The city traffic engineer shall take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable; posting of official traffic control devices; and the regulation of timing of traffic signals, as set forth in the Model Traffic Ordinance, adopted by reference pursuant to Section 9.36.010 of the Kent City Code, and more specifically, Section 308-330-270 of the Washington Administrative Code, RCW 46.61.415, and all other applicable sections of the Model Traffic Ordinance. SECTION 4, — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 9 Resolution Vehicular Speed Limits SECTION 5, — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, — Effective Date. This resolution shall take effect and be in force when approved by the Washington Secretary of Transportation. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 12011. CONCURRED in by the Mayor of the City of Kent this day of November, 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 10 Resolution Vehicular Speed Limits APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 12011. BRENDA JACOBER, CITY CLERK P:\Civil\Re�lution\Speed Limit Change Meeker Street.docx 11 Resolution Vehicular Speed Limits W,, Agenda Item: Consent Calendar - 7V TO: City Council DATE: December 13, 2011 SUBJECT: Government Relations Consulting Services Contract, Outcomes by Levy- Authorize MOTION: Authorize the Mayor to sign a Consulting Services Agreement with Outcomes by Levy in the amount not to exceed $66,000, for lobbying services to be provided during 2012, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Since 2000, the City has contracted annually with Doug Levy of Outcomes by Levy to provide lobbying services to the city of Kent. Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding issues of importance to Kent. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Utility and General Fund KENT w« Iron CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62°d Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the "Consultant"). L DESCRIPTION OF WORK Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis. • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. • Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 during the year 2012 and ending on December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand dollars ($66,000.00), not including approved and agreed upon expenses for the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City . Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients,these expenses shall be pro-rated to maximum extent practicable. 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 supplemental 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. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work,file the attached Compliance Statement. VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Doug Levy/12/6/2011 Page 2 including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A 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 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. XIL 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. XIIL 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. Doug Levy/12/6/2011 Page 3 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, 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 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. Doug Levy/12/6/2011 Page 4 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) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy John M. Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62nd Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425)922-3999 (telephone) (253) 856-5710 (telephone) (425) 424-8921 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department Doug Levy/12/6/2011 Page 5 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A PAYMENT SCHEDULE Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as detailed in the contract. EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract. EEO COMPLIANCE DOCUMENTS-4 KENT Agenda Item: Consent Calendar - 7W TO: City Council DATE: December 13, 2011 SUBJECT: Public Defense Conflict Counsel Agreement Amendment, Jordan Law Offices - Authorize MOTION: Authorize the Mayor to sign Amendment No. 3 with Jordan Law Office, P.S., extending their services for conflict public defense services through March 31, 2012. SUMMARY: The City has, for the past three years, contracted with Jordan Law Offices for conflict indigent defense services. The City and Jordan Law Offices, P.S., are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. EXHIBITS: Current contract and all amendments RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None, funding is currently in place '" AMENDMENT NO. 3 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES (between City of Kent and Jordan Law Office, P.S.) THIS AMENDMENT NO. 3 TO THE AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES ("Amendment No. 3") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and JORDAN LAW OFFICE, P.S., a Washington professional services corporation ("Conflict Counsel'. RECITALS A. The City and Conflict Counsel entered into an Agreement for Conflict Public Defense Services on May 26, 2008 (the "Agreement"), wherein Conflict Counsel agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court who are not represented by the law firm on contract with the City for regular public defense services due to a conflict of interest. B. On April 20, 2011, the city of Kent adopted Resolution No. 1843, relating to public defense standards for indigent defense services provided to indigent defendants prosecuted by the city of Kent. C. The parties are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Conflict Counsel agree as follows: AGREEMENT 1. City and Conflict Counsel agree to extend the term of the Agreement through March 31, 2012. AMENDMENT NO. 3 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 1 OF 2 2. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 3, which shall become effective on the last date executed below. JORDAN LAW OFFICE, P.S. CITY OF KENT By: By: Print Name: Print Name: Suzette Cooke Title: Title: Mayor Date: Date: ATTEST: By: Brenda Jacober, City Clerk P\Qvi1vF�1ed open Fil�1215-PuelicDefenseSer,ices\JordenLawofce Amendment doa AMENDMENT NO. 2 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 2 OF 2 KEN"T' w�swix orex AGREEMENT FOR CONFLICT PUBLIC DEFEN E SERVICES Between the City of Kent and Jordan Law Offs e,P.S. THIS AGREEMENT is entered into by and betwee the CITY OF KENT, a Washington municipal corporation, hereinafter referred to as"City,"and JORDAN LAW OFFICE, P.S., hereinafter referred to as "Conflict Counsel." In consideration of the mutual agreements and co enants set forth in this Agreement, the parties agree as follows: 1. Scope of Services. Conflict Counsel agrees to p ovide competent criminal defense services to all indigent defendants charged in the Ke t Municipal Court who are not represented by the law firm on contract with the City or regular public defense services due to a conflict of interest. Upon appointment, Conflict Counsel shall enter a Notice of Appearance and provide legal representation for (each of these defendants from the time of receiving notice or an order of appointme t through arraignment, if appropriate, pretrial hearings, trial, sentencing, review hear ngs, revocation hearings, and appeals. Conflict Counsel is specifically required to: I a. Appear and competently represent the d�fendant at all hearings for cases charged in the Kent Municipal ourt. Conflict Counsel's appearance may be required at the K nt Municipal Court, Kent Corrections Facility, or appellate courts. b. Represent assigned defendants from th date of appointment until jurisdiction of the court is terminate , including through the appellate process and any remand peri d. C. Investigate criminal matters by meeti g with the defendant or witnesses in person or by telephone, rev ewing evidence, reviewing the law, and performing other tasks necessary to provide a competent and complete defense. d. Prepare and file with the court legal do uments including but not limited to notices of appearance, plea ings, motions, and other notices in order to provide competent and complete defense to clients and in order to comply with cou rules, and the laws and regulations applicable to the defense o criminal charges. AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- 1 e. At all times, comply with court rules, rule of professional conduct, and all statutes, rules, regulations, and rocedures applicable to criminal defense work in the state of Wa hington. f. Maintain a productive and professional orking relationship with the court and other officers of the court. g. Comply with the terms and conditions o this Agreement and the City's underlying Request for Proposal r lated to this Agreement except to the extent that the Request f r Proposals conflicts with this Agreement, in which case the ter s of the Agreement shall prevail. h. From time to time, meet with the cou and other officers of the court to provide input regarding court pIrocesses and policies. i. Attorneys representing clients pursuan to this Agreement shall attend a minimum of seven (7) hours of continuing legal education in areas relating to criminal defense or rial practice. J. Notify the City's Housing and Human S rvices office of any formal complaints filed against Conflict Counse, whether such complaints are made to the Washington State Ba� Association or directly to Conflict Counsel. Such notice shall a filed with Housing and Human Services within five (5) busines days of Conflict Counsel's discovery of such complaint. Conflict Counsel shall cooperate in any investigation instituted by Hous ng and Human Services, except to the extent that such coopera ion would violate the Rules of Professional Conduct. k. Maintain organized client files in actor ante with acceptable legal practices and in accordance with ashington State records retention requirements, if any. 2. Number of Attornevs. Conflict Counsel will pr vide an adequate number of attorneys to efficiently manage each court calendar in a manner that avoids unnecessary delay and sufficient representation for all a signed clients in completing each calendar. I Sufficient counsel shall be provided to represent d Pendants during the vacation P p 9 and illness of Conflict Counsel and calendars that occur imultaneously in more than one courtroom. AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES-2 (between OW of Kent and Jordan Law OfAre,P.S.) 1 3. Defendant's Access to Conflict Counsel. Conflict ounsel shall be available to clients represented by Conflict Counsel to ensure that clie is are provided with the assistance of their attorney as required by the Rules of Profes tonal Conduct, court rule, and state and federal law. The parties agree that client acces to Conflict Counsel prior to appearance in court is paramount. Conflict Counsel shall meet with all in-custody client at the Kent Corrections Facility ( KCF")within 48 hours of notification of appointmen , excluding weekends and holidays. Conflict Counsel will appear at the KCF to consult ith clients as necessary. In addition to regularly scheduled court hearings held at the IKCF, Conflict Counsel shall be available to incarcerated clients and respond to requests ubmitted by those clients. Clients that are incarcerated in the KCF who wish to call Co flick Counsel shall, during predetermined times designated by Conflict Counsel, be ermitted to call Conflict Counsel either to leave a message with Conflict Counsel r to speak with Conflict Counsel. If a client is incarcerated at the King County Re Tonal Justice Center on a separate matter, but will be transferred to the KCF, Conflict ounsel shall meet with the client within a reasonable period of time following notice o appointment and further shall see such clients in follow-up meetings as necessary. 4. Indigent Screening. Determinations of indigen for purposes of eligibility for appointed counsel under this Agreement are made through an independent screening process established by the court and by direct ap ointments from the court. Such appointments are made in accordance with state la Should Conflict Counsel determine a defendant is not eligible for assigned counsel p for to the establishment of the attorney/client relationship, Conflict Counsel may pr mptly advise the court to reconsider the eligibility of that defendant. The court's dete mination of indigency shall be final and binding upon Conflict Counsel. S. Conflict Counsel Employees or Associated Counsel. Any counsel associated with or employed by Conflict Counsel shall have the autl ority and qualifications to perform the services called for herein, and Conflict Co nsel may employ and/or associate counsel to assist Conflict Counsel at Conflict C unsel's expense. Conflict Counsel and all counsel employed or associated pursua t to this section shall be AGREEMENT.FOR CONFLICT PUBLIC DEFENSE SERVICES-3 (between Gry of Kent and Jordan Law Office,P.S.) admitted to the practice of law in the state of Washington a d be in good standing as such, pursuant to the rules of the Supreme Court of the Sta a of Washington. Conflict Counsel shall be responsible for perfor ance of this Agreement, notwithstanding that other counsel may be employed or asso iated by Conflict Counsel to perform services hereunder. Conflict Counsel shall active[ supervise associated and employed counsel throughout the term of this Agreement, an any renewals hereof, to ensure that all cases are promptly and effectively ha died from the time of appointment until conclusion of Conflict Counsel's represent tion of the client. Conflict Counsel shall notify the City of any proposed association or employment of counsel for purposes of performing the sery ces called for herein, and shall include in such notification all of the information called or in section VIII entitled "Required Information" in the Request For Proposal onflict Counsel shall be responsible for providing any required training and/or supe ision at Conflict Counsel's sole cost and expense. The City shall have the authority o prohibit an unqualified attorney from performing the work called for in this Agree ent No Rule 9 qualified or other legal intern shall perform the services called for herein without the prior approval of the City. 6. Term of this Agreement. This Agreement shal commence on May 19th, 2008, and shall be in force and effect through December 31 2008, with the City's sole option to extend the agreement for up to three (3) additio al one year terms, unless either party terminates this Agreement in accordance with Section 14 of this Agreement, entitled "Termination." At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. 7. Proof of Professional Liability Insurance. Confli Counsel shall procure and maintain for the duration of the Agreement, insurance of th types and in the amounts described in Exhibit A attached and incorporated by this re erence. AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES-4 (between Oty of Kent and Jordan Law Office,P.S.) i 8. Indemnification. Conflict Counsel shall indemn fy, defend, and hold the City, its elected officials, officers, and employees harmlessliIfrom any and all claims whatsoever related to or arising from the performance of Conflict Counsel's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of Conflict Counsel relating to the representation or lack of representation of clients, and/or by reason of accident, injurr, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any lace to perform the work required by this Agreement, except to the extent they are caused by the negligence of the City. The failure of Conflict Counsel to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit Conflict Counsel's indemnification or defense of the City. Th�s indemnification section shall survive the expiration or termination of this Agreement. 9. Nondiscrimination. In the hiring of employees fo the performance of work under this Agreement, Conflict Counsel, or any person acting on behalf of such, shall not, by reason of race, religion, color, sex, national origin, ag , marital statutes, sexual orientation, or the presence of any sensory, mental, or physical disability or handicap, discriminate against any client or any person who is qualified, available, and who applies to perform the work, or performs the work, called for in this Agreement. Conflict Counsel shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 10. Compensation. a. Payment for Services: The City shall pay Conflict Counsel the sum of $3,200 per month. This per month s m shall include all costs associated with Conflict Counsel's represinntation unless otherwise specifically provided for section 10(c) of this Agreement. These costs shall include, but not be limited to, license fees; insurance costs; rent; legal research materials anc databases; training and education; the costs of additional attorneys, paralegals, administrative assistants, secretari s, and receptionists; computers; copy machines or copy servi es; desks and other office AGREEMENT FOR CONFLICT'PUBLIC DEFENSE SERVICES-5 (between City of Kent and Jordan Law Office,P.S.) equipment; office supplies; the provi on of discovery to the prosecutor; delivery costs; telephone, ir ternet, and utility costs; travel time and expenses; reporting cos ; and all time spent by the law firm or attorney representing indi lent clients. The City will remit payment within forty-five (45) day of its receipt of a proper invoice and the reports required by secti in 10(d). Any billing not received by the City's Housing and Hun an Services office on or before the tenth (loth) day of the mo th shall not be due and payable until the City's next billing perloi 1. b. Case Load Limits. The monthly sum s t forth in section 10(a) above presumes that Conflict Counsel w II be assigned up to 250 cases per year. For the purposes of this subsection, in the event Conflict Counsel is asked to act assist a defendant in court, for example at arraignment or filling out court forms, but is not officially assigned to the case permanen ly, such assistance shall not be counted as a case for the purpose of determining whether the 250 case assignment limit has been met. Also, a case will only be included in the case load calculation one time. Therefore, in the event Conflict Counsel is permitted to wit idraw from a case, and is later required to represent the client again for that same case, the reassignment to the case will not be included in determining whether the 250 case limit has been net. In the event that Conflict Counsel is assigned over 250 cases in a calendar year, the City and Conflict Counsel shall, prior to exceeding the 250 case assignment limit, negotiate payment for the additional cases. It shall be the responsibility of Conflict Counsel to notify the Human Services Department in the event Confli4 Counsel anticipates that it will exceed the 250 case assignment li it. Conflict Counsel shall establish case load limits for attorneys as igned to perform services under this Agreement that ensure effective representation of each and every client. C. Miscellaneous Costs. The City agrees to r imburse Conflict Counsel for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes, if such costs have not been waived, and reasonable and necessary expert or investigative costs. d. Billing. Conflict Counsel shall bill the City, in care of the City's Housing and Human Services office, on or before the tenth (loth) day of the month for services provided during the preceding month. Conflict Counsel's invoice sh II include the following charges: (i) the payment set forth in subsection 10(a) and SO(b) above; and AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- 6 (between city of Kent and Jordan Law Office,P.S.) (ii) reasonable costs incurred by onflict Counsel under subsection 10(c) above for the pr vious month or months. e. Monthly Reports. In addition, Conflict ounsel shall remit with each monthly invoice two reports wh ch depict the following information: (1) Case Assignments - Identify all cases to which Conflict Counsel was appointed during the prior month. This report shall list the defendant name(s) charges(s), and cause number(s). (ii) Case Dispositions - Identify all cases which have reached disposition during the prior month. This report shall list each defendant name(s); charge( ); cause number(s); the disposition of the case (i.e., guilty, not guilty, guilty to amended charge, etc.); whether t e case went to trial, and if so, whether bench or jury trial and whether an appeal was filed. The submission of these reports it the monthly invoice is a condition of payment under thi Agreement. 11, Discovery Provided. The City shall provide Co flirt Counsel one (1) copy of all discoverable material concerning each assigned case at no cost to Conflict Counsel or its client, with the exception of audio and video tapes whi h shall be made available for inspection in accordance with rules for discovery. Like Ise, Conflict Counsel shall provide discovery to the City upon request at no cost to the ity, with the exception of audio and videotapes, which shall be made available for ins ection in accordance with rules for discovery. 12. No Assignments or Subcontracts. No assig ment or transfer of this Agreement nor of any interest in this Agreement shall be m de by either of the parties, without prior written consent of the non-assigning party. 13. Conflict of Interest. In the event the repr sentation of a defendant hereunder raises a conflict of interest such that Conflict Co nsel cannot represent the defendant, said defendant shall be promptly referred to th Kent Municipal Court for further assignment. AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES-7 (between City of Kent and Jordan taw Office,P.S.) 14. Termination. a. For Cause. The City or Conflict Cou sel may terminate this Agreement immediately in the event the other party breache the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the oth r party. Each and every term of this Agreement is material. The failure of any party t comply with any term of this Agreement shall be a breach of this Agreement. Additio I al cause shall be found in the event Conflict Counsel fails to render adequate represen ation to clients, the willful disregard for the rights and best interests of the client, an the willful disregard for standards applicable to the work performed pursuant to thi Agreement. b. For Reasons Beyond Control of Parties; �erformance ither party may terminate this Agreement without recourse by the other where is rendered impossible or impracticable for reasons beyond such parry's easonable control such as but not limited to acts of nature; war or warlike operations; ivil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; r superior governmental regulation or control. C. Without Cause. Either party may term! ate this Agreement at any time with or without cause upon giving the non-terminating.party not less than ninety (90) days prior written notice. 15. Agreement Applicable to All Em to ees and Vo unteers. The terms of this Agreement shall apply to all persons who are employed y, contracted by, or who volunteer for, Conflict Counsel, including but not limi d to attorneys, interns, paralegals, office assistants, secretaries, and investigators 16. Status of Conflict Counsel. This Agreement lis for the performance of the services of Conflict Counsel as an independent contra or and Conflict Counsel will not be considered an employee of the City for any purpose. Conflict Counsel and/or its subcontractor(s) shall secure at its own expense and be esponsible for any and all payment of income tax, social security, state disabili insurance compensation, unemployment compensation, worker's compensation, an all other payroll deductions AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES-8 (between City of Kent and Jordan taw Office,P.S.) i for Conflict Counsel and its officers, agents, and employees nd the costs of all business licenses, if any, in connection with the services to be perfo med hereunder. Conflict Counsel shall be solely responsible for any and all claim or lawsuits filed against Conflict Counsel by personnel employed by Conflict Counsel elated to the conditions or terms of employment by Conflict Counsel, and Conflict Coun el shall defend, indemnify, and hold harmless the City and its employees and officer:from any such claims or lawsuits. 17. Compliance with Laws. At all times, Conflict Counsel shall comply with all applicable state, federal, and city laws and regulations, an all court rules, evidence rules, and all cannons and rules of professional conduct ap licable to attorneys. 18. Additional Services. Conflict Counsel may be requested to perform additional services beyond the original scope of services as efined in section 1 of this Agreement. Such work will be undertaken only upon writte authorization of the City based upon an agreed amount of compensation. Conflict ounsel shall comply with standards for public defense services as may be adopted by the City pursuant to Chapter 10.101 RCW, 19. Notices. All notices and other written documen ation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent: C nflict Counsel: Katherin Johnson A n: Michael Jordan City of Kent J rdan Law Office 220 Fourth Ave. S. 2 01 N. 30th Kent, WA 98032 T coma, WA 98403 20. Entire Agreement - Amendments. This instrument contains the entire Agreement between the parties for the contemplated work and services to commence May 19, 2008, and it may not be enlarged, modified, altere , or amended except in writings signed and endorsed by the parties; provided, Secti n VI, entitled "Scope of Services - Requirements of Conflict Counsel" set forth in the 'Request for Proposals - Conflict Counsel for Public Defense", which is associated with his Agreement, shall be a part of this Agreement except to the extent this Agreement and Section VI conflict, in which case the conflicting term of this Agreement shall prev il. AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES-9 (between City of Kent and Jordan Law Office,P.S.) 21. Duplicate Originals. This Agreement is execut d in duplicate originals. 22. Effective Date. This Agreement will become a ective upon the last date entered below. CITY: CONFLICT CO( NSEL: City of Kent Jordan Law O V4 Prinp1 a Suzette Cooke hn Na Lc a tl Titl M or Title: rPs Dated: Dated: o ATTEST: Gd-men/ Brenda Jacober, Cit)VClerk APPROVED AS TO FORM: (Kent Law Department r wvawlnw=� �nxssC.nnccnunsxnpenmen.wo6 nee AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- 10 (between Gty of Kent and Jordan LawOffiw,P.S.) , Y1�IV ■ AMENDMENT NO. 1 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES (between City of Kent and Jordan Law Office, P.S.) THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES ("Amendment No. 1") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and JORDAN LAW OFFICE, P.S., a Washington ,professional services corporation ("Conflict Counsel"). RECITALS A. The City and Conflict Counsel entered into an Agreement for Conflict Public Defense Services on May 26, 2008 (the "Agreement"), wherein Conflict Counsel agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court who are not represented by the law firm on contract with the City for regular public defense services due to a conflict of interest. B. The Agreement expires on December 31, 2008, and includes a provision which authorizes the City, at its sole option, to extend the agreement for up to three(3) additional one year terms. The City and Conflict Counsel express their mutual intent and desire to amend the Agreement in order to extend the Agreement's term for an additional one year term, NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 6 of the Agreement for Conflict Public Defense Services,entitled"Term of this Agreement," is amended as follows: 6. Term of this Aareement. This Agreement shall commence on May 19`h, 2008, and shall be in force and effect through December 31, 20082009,with the City's sole option through its Housing and Human Services Manager,to extend the Agreement for up to thFeetwo additional one year terms, unless either party terminates this Agreement in accordance with Section 14 of this Agreement, entitled "Termination. At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. AMENDMENT NO 1TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 1 OF 2 • b 2. Conflict Counsel certifies to City that the Agreement for Conflict Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Conflict Counsel that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Agreement. 3. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 1 are hereby ratified and affirmed, and the terms of the Agreement and this Amendment No, 1 shall be deemed to have applied. 4. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. JORDAN LAW OFFICE, P.B. CITY OF KENT By:�e 09-� By: Print Name: rs hae��dRDfj^7 Pr Va ; Suzette Cooke Title: l�.TnRNe �/ / Presr itl a o Date: Vie: APPROVED /As T6 FORM: By: i y of Kent Law Department ATTEST: By: Brenda )acober, City Clerk P\Lrvd\Files\OPmFiles\1215VoNenlew0fflie-Pmendmen[3 Ox AMENDMENT NO 1 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 2 OF 2 xENT AMENDMENT NO. 2 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES (between City of Kent and Jordan Law Office, P.S.) THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES ("Amendment No. 2") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and IORDAN LAW OFFICE, P.S., a Washington professional services corporation ("Conflict Counsel") RECITALS A. The City and Conflict Counsel entered into an Agreement for Conflict Public Defense Services on May 26, 2008 (the "Agreement"), wherein Conflict Counsel agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court who are not represented by the law firm on contract with the City for regular public defense jservices due to a conflict of interest. B. The City and Conflict Counsel entered into Amendment No. 1 on February 13, 2009, extending the Agreement for an additional term that will expire on December 31, 2011. C. On April 20, 2011, the city of Kent adopted Resolution No. 1843, relating to public defense standards for indigent defense services provided to indigent defendants prosecuted by the city of Kent. D. Conflict Counsel has agreed to abide by the public defense standards through December 31, 2011, the end of the Agreement term. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Conflict Counsel agree as follows. AGREEMENT 1. Conflict Counsel certifies to City that it will abide by the Public Defense Standards set forth in Resolution No. 1843, which is attached and incorporated by this AMENDMENT NO 2 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES- 1 OF 2 reference, for the remainder of the term of the Agreement, and that failure to comply with the standards may constitute grounds for termination of the Agreement. 2. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 2, which shall become effective on the last date executed below. ]ORDAN LAW OFFICE, P.S. CITY OF KENT 1 By l� �7—� � �� ge. _ Print Name.—ens�i�� Rt)gnl m uzette Cooke Title'_ c a or Date: / APPROVED AS TO FORM: 64y; of e Law Department ATTEST: / Brenda Jacobe%5/11 Clerk P\cwwIIwom Flles\1215-Pubs¢DeknseserneezVomanunIXfae-AmenEmentl Aoa AMENDMENT NO 2 TO AGREEMENT FOR CONFLICT PUBLIC DEFENSE SERVICES - 2 OF 2 KENT Agenda Item: Consent Calendar - 7X TO: City Council DATE: December 13, 2011 SUBJECT: Public Defense Services Agreement Amendment, Stewart Beall MacNichols & Harmell - Authorize MOTION: Authorize the Mayor to sign Amendment No. 7 for public defense services with Stewart Beall MacNichols & Harmell, Inc., P.S., extending their services for public defense services through March 31, 2012. SUMMARY: The City has, for more than a decade, contracted with Stewart Beall MacNichols & Harmell, Inc., P.S. for public defense services. The City and Stewart Beall MacNichols & Harmell, Inc., P.S., are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. EXHIBITS: Current contract and all amendments RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None, funding is currently in place '" AMENDMENT NO. 7 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 7 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 7'� is made between the CITY OF KENT, a Washington municipal corporation ("City' , and STEWART BEALL MacNICHOLS & HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS A. Under the existing Agreement for Public Defense Services ("Agreement's, the Attorney provides public defense services to indigent defendants appointed to the Attorney by the Kent Municipal Court. These public defense services are provided by Attorney in exchange for monthly compensation in the amount of $46,000. The current term of the Agreement expires December 31, 2011. B. The parties are currently in the process of negotiating a new agreement that more effectively incorporates the standards for indigent defense services that were adopted by the City Council by Resolution 1843 on April 20, 2011. The negotiations will not be completed until shortly after January 1, 2012, and therefore, the parties wish to extend the current Agreement until March 31, 2012. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Attorney agree as follows: AGREEMENT 1. The Agreement, originally entered on January 1, 2006, shall expire on March 31, 2012. 2. All acts consistent with the authority of the Agreement and amendments 1 - 6 are hereby ratified and affirmed, and the terms of the Agreement, subject to the changes set forth in amendments 1 - 6, shall be deemed applicable. 3. Except as specifically amended, all remaining provisions of the Agreement and its amendments shall remain in full force and effect. AMENDMENT NO. 7 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 2 The parties have executed this Amendment No. 7, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. By: By: Print Name: Print Name: Suzette Cooke Title: Title: Manor Date: Date: APPROVED AS TO FORM: By: City of Kent Law Department ATTEST: By: Brenda Jacober, City Clerk P'.AQvi1AFllesV0pen Files\125-PubllcDefenseServlces\S@warffieallHgreement Amendment?doc: AMENDMENT NO. 7 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - Page 2 of 2 AGREEMENT FOR PUBLIC DEFENSE SERVICES (January 1,2606 through December 32,2006) THIS AGREEMENT is entered into by and between the CITY OF KENT,a Washington municipal corporation, hereinafter referred to as"City,"and STEWART BEALL MacNICHOLS & HARMELL, INC., P.S., a Washington professional services corporation (which may subsequent to the execution of this Agreement convert to a limited liability company), hereinafter referred to as"Attorney." j In consideration of the mutual agreements and covenants set forth in this Agreement,the parties agree as follows: 1. Scooe of Services. The Attorney agrees to provide public defender services for indigent defendants charged in the Kent Municipal Court with all violations of the Kent City Code C'KCC'�that result in misdemeanor charges,whether those charges are based on the city's criminal code or civil code sections, under the terms set forth in this Agreement. All indigent defendants charged with committing a misdemeanor offense under the KCC who qualify for appointed counsel,whether they are screened or appointed by the court,shall be referred to the Attorney. The Attorney shall enter a Notice of Appearance and provide legal representation for each of these defendants from the time of receiving notice or an order of appointment through arraignment,if appropriate, pretrial hearings,trial,sentencing,review hearings, revocation hearings, and appeals, unless and until the Attorney is permitted to withdraw by the court. 2. Number of Attorneys. The Attorney will provide an adequate number of defense counsel to efficiently manage each court calendar in a manner that avoids unnecessary delay and sufficient representation for all assigned clients in completing each calendar. In any event, the Attorney will provide at least one defense counsel per court calendar. The Attorney shall ensure that multiple defense counsel are present whenever the court's caseload necessitates the presence of more than one attorney to effectively and efficiently manage the calendar. As a guideline, the Attorney shall endeavor to meet the following levels of representation for court calendars: AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 (7anuaryl,2006—December 31,2008) a. Less than thirty (30) assigned defendants at a pretrial or jury call calendar, at least one (1) attorney shall be present for the full calendar; b. Thirty (30) or more assigned defendants at a pretrial or jury call calendar, at least two (2) attorneys shall be present for the full calendar. Sufficient counsel shall be provided to represent defendants during the vacation and illness of attorneys and calendars that occur simultaneously in more than one courtroom. 3. Defendanfs Access to Attorney. The Attorney shall be available to clients represented by the Attorney to ensure that clients are provided with the assistance of their attorney as required by state and federal law. The parties agree that client access to the Attorney prior to appearance in court is paramount. All defendants represented by the Attorney shall be provided access to the Attorney by means of a toll-free local call from a Kent telephone number made available by the Attorney. The Attorney currently maintains offices at 655 W.Smith Street, Suite 210, Kent,Washington,and will, at all times during the term of this Agreement, maintain an office at such location or in South King County at a location to facilitate client access for purposes of providing the services required in this Agreement. The Attorney shall meet with all in-custody clients at the Kent Corrections Facility ('KCF') within 48 hours of notification of appointment,.excluding weekends and holidays. The Attorney will appear at the KCF to consult with clients as necessary. In addition to regularly scheduled court hearings held at the KCF,a representative of the Attorney shall,at a minimum,appear at the KCF at least two times each weekfor a minimum of one hour per visit to meet with incarcerated clients and respond to requests submitted by those clients. Clients that are incarcerated in the KCF who wish to call the Attorney may, during predetermined times designated by the Attorney, call the Attorney's toll-free telephone number either to leave a message with the Attorney or to speak with the Attorney. The Attorney shall see all in-custody clients at the King County Regional Justice Center within a reasonable period of time following notice of appointment and further shall see such clients in follow-up meetings as necessary. AGREEMENT FOR PUBLIC DEFENSE SERVICES- 2 (.anuaryl,2006-December 3l,2008) 4. Applicant Screening, Determinations of indigency for purposes of eligibility for appointed counsel under this Agreement shall be made by an independent screening process established by the court and by direct appointments from the court. Such appointment shall be in accordance with state law. Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney/client relationship, the Attorney shall promptly advise the court to reconsider the eligibility of that defendant. The court's determination of indigency shall be final and binding upon Attorney. S. 24-Hour Telephone Access. The Attorney shall provide to the City's police department the telephone number or numbers at which the Attorney can be reached twenty- four hours each day for"critical stage" advice to defendants during the course of police investigations and/or arrest. Such telephone numbers shall be serviced by a telephone paging device or other similar monitoring method so that direct contact can be made with an attorney at any time of the day or night, seven days a week. 6. Attorney Employees or Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority and qualifications to perform the services called for herein, and the Attorney may employ and/or associate counsel to assist the Attorney at the Attorney's expense. The Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the state of Washington and be in good standing as such, pursuant to the rules of the Supreme Court of the State of Washington. I The Attorney shall be responsible for performance of this Agreement, notwithstanding that other counsel may be employed or associated by the Attorney to perform services hereunder. The Attorney shall actively supervise associated and employed counsel throughout the term of this Agreement, and any renewals hereof,to ensure that all cases are promptly and effectively handled from the time of appointment until conclusion of the Attorney's representation of the client. The Attorney shall notify the City of any proposed association or employment of counsel for purposes of performing the services called for herein, and shall include in such notification information regarding the background, education, training, experience, and AGREEMENT FOR PUBLIC DEFENSE SERVICES-3 (Januaryl,2006-December 31,2096) qualifications of such counsel and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Attorney shall be responsible for providing all such training and/or supervision at the Attorney's sole cost and expense. No Rule 9 qualified or other legal intern shall perform the services called for herein without the prior approval of the City. 7. Term of this Agreement. This Agreement shall commence on the 1"day of January, 2006, and shall be in force and effect through December 31, 2008, unless terminated earlier pursuant to the provisions in this Agreement. At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. 8. Proof of Professional Liability Insurance. The Attorney shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 9. Indemnification. The Attorney shall indemnify,defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever related to or arising from the performance of the Attorney's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of the Attorney relating to the representation or lack of representation of clients,and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the negligence of the City. The failure of the Attorney to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit the Attorney's indemnification or defense of the City. This indemnification section shall survive the expiration or termination of this Agreement. 10. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement, the Attorney, or any person acting on behalf of such, shall not, by reason of race, religion, color,sex, national origin, or the presence of any sensory, mental, AGREEMENT FOR PUBLIC DEFENSE SERVICES-4 (Ianuaw,206-December31,200) or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Attorney shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 11. Compensation. a. Paynent for Services, The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of TWO HUNDRED SEVENTY-FIVE THOUSAND FORTY DOLLARS($275,040)per year,to be paid at the rate of TWENTY-TWO THOUSAND NINE HUNDRED TWENTY DOLLARS ($22,920) per month. This amount will be raised annually, on the first day of each calendar year, by an amount equal to 90% of the percentage increase in the Consumer Price Index for Seattle-Tacoma-Bremerton (All Urban Consumers)for the previous calendar year(the"CPI'O. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. C. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: AGREEMENT FOR PUBLIC DEFENSE SERVICES -5 t7anuaryl,2905-December 31,2008) (i) for the monthly installment set forth in subsection 11(a) above; and (ii) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement,the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 20`"day of the month following the month for which services were rendered; provided,that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. 12. Discovery Provided. The City shall provide Attorney one (1) copy of all discoverable material concerning each assigned case. 13. No Assignments or Subcontracts. No assignment or transfer of this Agreement nor of any interest in this Agreement shall be made by either of the parties, without prior written consent of the non-assigning party. 14. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot represent the defendant, said defendant shall be promptly referred to the Kent Municipal Court for further assignment. 15. Termination. a. For Cause. The City or the Attorney may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall be in breach of this Agreement. b. For Reasons Seyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or AGREEMENT FOR PUBLIC DEFENSE SERVICES -6 (Mnuaryl,2005-December 31,200) impracticable for reasons beyond such party's reasonable control such as but not limited to acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. C. Without Cause. Either party may terminate this Agreement at any time with or without cause upon giving the non-terminating party not less than ninety(90) days prior written notice. 16. Agreement Applicable to All Employees and Volunteers. The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Attorney, including but not limited to attorneys, interns, paralegals, office assistants, secretaries, and investigators. 17. Reports. At the end of every quarter during the term of this Agreement, Attorney shall provide the City a full accounting of all cases assigned and all in-court appointments made during that three-month period, segregated for each month. These itemized quarterly reports to the City shall contain the number of cases to which the Attorney was appointed, a breakdown of the number and types of all charges to which the Attorney was appointed and a list of cases in which a notice of appeal was filed. Such reports shall be submitted to the City within ten (10) calendar days from the end of each quarter. The Attorney shall have the option of submitting monthly reports containing the same information in lieu of quarterly reports. 18. Status of Attorney. This Agreement calls for the performance of the services of the Attorney as an independent contractor and Attorney will not be considered an employee of the City for any purpose. The Attorney and/or its subcontractor(s)shall secure at its own expense and be responsible for any and all payment of income tax,social security, state disability insurance compensation, unemployment compensation, worker's compensation,and all other payroll deductions for the Attorney and its officers, agents, and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. The Attorney shall be solely responsible for any and all claims or lawsuits filed against the Attorney by personnel employed by the Attorney related to the conditions or terms of employment by the Attorney, and the Attorney shall defend, AGREEMENT FOR PUBLIC DEFENSE SERVICES-7 (Januarw,2005-December31,2008) indemnify,and hold harmless the City and its employees and officers from any such claims or lawsuits. 19. Case Load Limits. The compensation for services established in this Agreement will cover all cases filed, on a per cause number basis, in the Kent Municipal Court up to a limit of 250 cases per month. The City and the Attorney will agree, by separate,written addendum to this Agreement,on appropriate compensation for case filings exceeding this monthly limit. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client. 20. Compliance with Laws. At all times, the Attorney shall comply with all applicable state, federal, and city laws and regulations, and all court rules, evidence rules, and all cannons and rules of professional conduct applicable to attorneys. 21. Additional Services. The Attorney may be requested to perform additional services beyond the anginal scope of services as defined in section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. 22. Notices. All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested inwriting: City of Kent: Attorney: Mayor N. Scott Stewart City of Kent Stewart, Beall, and MacNichols, P.S. 220 Fourth Ave. S. 655 W. Smith Street, Suite 210 Kent, WA 98032 Kent, WA 98032 23. Entire Agreement - Amendments. This instrument contains the entire Agreement between the parties for the contemplated work and services to commence January 1, 2006, and it may not be enlarged, modified, altered, or amended except in writings signed and endorsed by the parbes. 24. Duplicate Originals. This Agreement is executed in duplicate originals. AGREEMENT FOR PUBLIC DEFENSE SERVICES-8 (Januaryl,2096-December 31,2008) 25. Effective Date. Although the terms of this Agreement will not take effect until January 1, 2006, it shall become binding upon the parties on the last date entered below. CITY: ATTORNEY: City of Kent Stewart Beall MacNichols & Harmell, Inc., P.S. int N rKe Suzette Cooke Print e, M or Title: Dated: I o Dated: ATTEST: Brender�C k��it.�/ APPROVED AS TO FORM: 119 4 �, TAn Brubaker, City Attorney P�CIN�F➢.ES�OpenFlIa�0733.7005}PubllcDeren,PhgreemrnE200btn1ll�e clot AGREEMENT FOR PUBLIC DEFENSE SERVICES - 9 fJanuaJ71,2006-December 31,2003) KETIT AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNlchols& Harmell, Inc., P.S.) THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR .PUBLIC DEFENSE SERVICES ("Amendment No. 1") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS &HARMELL, INC.,P.S., a Washington professional services corporation ("Attorney' . RECITALS A. The City and Attorney entered into an Agreement for Public Defense Services ("Agreement") on February 14, 2006, wherein Attorney agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court from January 1, 2006, through December 31, 2008. The terms of that Agreement provide that Attorney receive a flat fee of $22,920 per month for its services. B. There has been a significant increase In the number of criminal filings over the past months which has resulted in an increase in the number of defendants who require representation by Attorney To accommodate the increase in the number of cases filed, court calendars have been added to the court schedule, and thus, Attorney is required to appear in court more often. In addition,the court has determined that all defendants who are arraigned in court are to be provided with the assistance of Attorney, and therefore, Attorney must now appear at all arraignment calendars, which was a service not contemplated in the original Agreement. C. The City and Attorney express their mutual intent and desire to amend the Agreement in order to increase the monthly flat rate paid by City to Attorney by an additional $6,666.67, or a new monthly flat rate of$30,526 67, to apply to each of the months from July 2007 through December 2007. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 1 of the Agreement, entitled "Scope of Services," is amended as follows: AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES- 1 OF 5 1. Scope of Services. The Attorney agrees to provide public defender services for indigent defendants charged in the Kent Municipal Court with all violations of the Kent City Code ( KCC'o that result in misdemeanor charges, whether those charges are based on the city's criminal code or civil code sections, under the terms set forth in this Agreement. All indigent defendants charged with committing a misdemeanor offense under the KCC who qualify for appointed counsel, whether they are screened or appointed by the court, shall be referred to the Attorney The Attorney shall enter a Notice of Appearance and provide legal representation for each of these defendants from the time of receiving notice or an order of appointment through arraignment, if appropriate, pretrial hearings, trial, sentencing, review hearings, revocation hearings, and appeals, unless and until the Attorney, is permitted to withdraw by the court, In addition, Attorney shall, when required by the court provide representation to all defendants at arraignment byway of provisional appointment, temporary appointment, stand-by counsel or otherwise, whether or not they qualify for indigent status 2. Paragraph 3 of the Agreement for Public Defense Services, entitled"Defendant's Access to Attorney," is amended as follows: i 3. Defendant's Access to Attorney. The Attorney shall be available to clients represented by the Attorney to ensure that clients are provided with the assistance of their attorney as required by state and federal law, The parties agree that client access to the Attorney prior to appearance in court is paramount. All defendants represented by the Attorney shall be provided access to the Attorney by means of a toll-free local call from a Kent telephone number made available by the Attorney. The Attorney currently maintains offices at 655 W. Smith Street, Suite 210, Kent, Washington, and will, at all times during the term of this Agreement, maintain an office at such location or in South King County at a location to facilitate client access for purposes of providing the services required in this Agreement. The Attorney shall meet with all in-custody clients at the Kent Corrections Facility ("KCF") within 48 hours of notification of appointment, excluding weekends and holidays. The Attorney will appear at the KCF to consult with clients as necessary. Attornev shall attend all criminal calendars of the Kent Municipal Court including arraignments In addition to regularly scheduled court hearings held at the KCF, a representative of the Attorney shall, at a minimum, appear at the KCF at least two times each weekfor a minimum of one hour per visit to meet with incarcerated clients and respond to requests submitted by those clients. Clients that are incarcerated in the KCF who wish to call the Attorney may, during predetermined times designated by the Attorney, call the Attorney's toll-free telephone number either to leave a message with the Attorney or to speak with the Attorney The Attorney shall see all in-custody clients atthe King County Regional Justice Center within a reasonable period AMENDMENT NO, 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 5 of time following notice of appointment and further shall see such clients in follow-up meetings as necessary. 3. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation,"is amended as follows: 11. Compensation a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of TWO HUNDRED SEVENTY-FIVE THOUSAND FORTY DOLLARS ($275,040) per year, to be paid at the rate of TWENTY-TWO THOUSAND NINE HUNDRED TWENTY DOLLARS ($22,920) per month This amount will be raised annually, on the first day of each calendar year, by an amount equal to 90% of the percentage increase in the Consumer Price Index for Seattle-Tacoma-Bremerton (All Urban Consumers)forthe previous calendar year(the"CPI") Attorney shall bill the City each month for services rendered herein In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement,the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter. (i) for the monthly installment set forth in subsection 11(a) above; and (n) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Sectlon 17.of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 5 appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 20t' day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. e. Additional Payment For the remainder of calendar year 2007 Attorney shall be provided an additional 540,000 to account for the increase in workload as described in Recital B of Amendment No. £ This payment shall be made in equal installments from the date this Amendment is signed through the period ending December 31 2007, such payments being made on the same date as the payments required under the original Agreement The payment of this additional compensation shall not be a guarantee of any additional compensation for any period subsequent to December 31, 2007 and unless the Agreement is further amended the compensation rate for 2008 shall be as stated in the original Agreement. 4. Paragraph 19 of the Agreement for Public Defense Services, entitled"Case Load Limits,"is amended as follows: 19. Case Load Limits The compensation for services established in this Agreement will cover all cases filed, on a per cause number basis, in the Kent Municipal Court up to a limit of 250 cases per month. However, Attorney shall not consider in calculating this case load limit the cases in which Attorney represents a defendant at arraignment but is not appointed by the court as that defendant's attorney of record The additional compensation paid to attorney by Amendment No 1 to the Agreement compensates Attorney for the services it Provides at arraignment for defendants it is not ultimately appointed to represent The City and the Attorney will agree, by separate,written addendum to this Agreement, on appropriate compensation for case filings exceeding this monthly limit. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client 5. Attorney certifies to City that the Agreement for Public Defense Services Is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 6. All acts consistent with the authority of the Agreement and pnor to the effective date of this Amendment No 1 are hereby ratified and affirmed,and the terms of the Agreement and this Amendment shall be deemed to have applied. AMENDMENT NO. £TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 4 OF 5 7. Except as specifically amended, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. �� By' � By: Print N me: P t N Suzette Cooke Title itle a or Date t0 z D o APPRO ED AS TO FORM: By: t of Ke t L w Department ATTEST Brenda Jacober, CM Clerk e\cnigPoes\opanFl�es\on]-zooTsrexarteeaugRemeno-Ammntlmemv tla AMENDMENT NO. 1 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES- 5 OF 5 lfs NT AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 2") is made between the CITY OF KENT,a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS &HARMELL, INC., P.S.,a Washington professional services corporation ("Attorney' . RECITALS A. The City and Attorney entered into an Agreement for Public Defense Services on February 14, 2006, wherein Attorney agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court from January 1, 2006, through December 31, 2008. Due to a significant increase in the number of criminal filings,which in turn increased the number of defendants who require representation by Attorney, the parties entered into Amendment No. 1 on October 24,2007,which increased the flat monthly fee paid to Attorney to $30,526.67 for the months of July 2007 through December 2007. B. At the time the parties negotiated Amendment No. 1, the Attorney originally requested that the flat monthly rate due it be increased by $12,400 to offset the Attorney's additional expenses incurred as a result of its additional case load created by the increase in criminal filings and administrative changes made at the Kent Municipal Court that resulted in an increase in the Attorney's appearance in court. Amendment No. 1 implemented part of the requested fee increase. This Amendment No. 2 carries that initial increase over into 2008 and provides an additional sum of$5,473.34 per month. C. The City and Attorney express their mutual intent and desire to amend the Agreement in order to increase the Attorney's monthly flat rate to $36,000, which amount is $5,473 34 over the increase provided by Amendment No. 1. This increased rate shall apply to each of the months from January 2008 through December 2008. In accordance with Paragraph 11 of the Agreement, this new monthly flat rate incorporates the annual CPI due Attorney for 2008. NOW THEREFORE, in consideration of the mutual intent, desire and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AMENDMENT NO. 2 TO AGREEMENT .FOR PUBLIC DEFENSE SERVICES- I OF 4 t AGREEMENT 1. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: 11, Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of TWO HUNDRED SEVENTY-FIVE THOUSAND FORTY DOLLARS ($275,040) per year, to be paid at the rate of TWENTY-TWO THOUSAND NINE HUNDRED TWENTY DOLLARS($22,920) per month. This amount will be raised annually, on the first day of each calendar year, by an amount equal to 90% of the percentage increase in the Consumer Price Index for Seattle-Tacoma-Bremerton (AIL Urban Consumers)forthe previous calendar year (the"CPI"). Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement,the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant attnal. This service is to be included within the Scope of Services described in Secbon 1 of this Agreement and the Compensation provided for in Section 11(a) above. c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. i d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter. (i) for the monthly installment set forth in subsection 11(a) above; and (n) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 4 t payments on or before the 2e day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. e. Additional Payment. For the remainder of calendar year 2007,Attorney shall be provided an additional $40,000 to account for the increase in workload as described in Recital B of Amendment No. 1. This payment shall be made in equal installments from the date this Amendment is signed,through the penod ending December 31, 2007, such payments being made on the same date as the payments required under the original Agreement. The payment of this additional compensation shall not be a guarantee of any additional compensation for any period subsequent to December 31, 2007, and unless the Agreement is further amended, the compensation rate for 2003 shall be as stated in the original Agreement. f. Revised Monthly Flat Rate for 20DS. The Attorney shall m�toe the Cit�the flat montl�IY r�tg_of 36 000 for each of the months from January 2008 through December 2008. This revised monthly Flat rate incorporates the CPI due Attorney, in accordance with Paragraph 11(a). for 2008. 2. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 3. All acts consistent with the authority of the Agreement and prior to the effective 1 date of this Amendment No. 2 are hereby ratified and affirmed, and the terms of the Agreement, Amendment No. 1, and this Amendment No. 2 shall be deemed to have applied. 4. Except as specifically amended,all remaining provisions of the Agreement and its Amendment No. ishall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT &HARMELL, INC., P.S. i By. By. Pn t Na _ Print a e: u ett Cool�g�_ Title: TO or i Date,. ' t Dat . AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES- 3 OF 4 1 APPROVED TO F M: I C c ent .a epartme t ATTEST: Brenda ]acaber, City(perk v\Crvii\Fllu\openFlmu3ihl`+\a.rart9ea�wortemem-�rmeme.i2 dm I AMENDMENT NO. 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES-4 OF 4 AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between Gty of Kent and Stewart Beall MaclVlchols & Harmell, Inc., P.S) THIS AMENDMENT NO. 3 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No 2") is made between the CITY OF KENT, a Washington municipal corporation ("City"),and STEWART BEALL MacNICHOLS&HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS A. The City and Attorney entered into an Agreement for Public Defense Services on February 14, 2006 (the "Agreement', wherein Attorney agreed to provide public defense services for indigent defendants charged in the Kent Municipal Court from January 1, 2006, through December 31, 2008. Due to a significant increase in the number of criminal filings,the Agreement was amended twice to increase Attorney's monthly compensation from the original amount of$22,920, to the current monthly rate of$36,000 per month. I B. The Agreement expires on December 31, 2008. The City and Attorney express their mutual intent and desire to amend the Agreement in orderto extend the Agreement's term for an additional three years, to maintain Attorneys compensation under the Agreement at $36,000 per month, and to remove the automatic application of an annual CPI increase to the Attomey's monthly compensation. NOW THEREFORE, In consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Contractor agree as follows: AGREEMENT 1. Paragraph 7 of the Agreement for Public Defense Services,entitled"Term of this Agreement," is amended as follows• 7. Term of this Agreement. This Agreement shall commence on the 1"day of January, 2006, and shall be in force and effect through December 31, 2011280&, unless terminated earlier pursuant to the provisions in this Agreement, At the commencement of this Agreement, all other agreements between the parties shall be superseded and shall be null and void. 2. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: AMENDMENT NO, 2 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 4 11. Compensation. a, Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement and for the three-year term of this Agreement, the sum of FOUR HUNDRED THIRTY-TWO THOUSAND TWG HUNDRED S€`d;N:R(—FIVE 1 1965AND FG RTY DOLLARS ($^'�432.000) per year,to be paid at the rate of THIRTY-SIX 4WENTY W9-THOUSAND NINE H' NDRED T` E T DOLLARS($22-,9-2936,000) per month.This ameuRt will be fased f Seattle on the first day ef eae- ealend,_� by an ameuHt equal to 90% of the pereentage inereas " . Attorney shall ball the City each month for services rendered herein In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billing. The Attorney shall bill the Clty, in care of the City's human services office, on the first day of the month, or the first workday thereafter: (1) for the monthly installment set forth in subsection 11(a) above; and (ii) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. i In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 2011, day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 4 Amendment is signed,thFeugh the peNed eRding This payment shall be made tiq equal ofistaIlFReFAs 1�efq the Elate thi sueh payffients being Figade en the same date as the required under the gFigiFial Agreement. -T"ayFn nt ef this addibenal i I I be as stated in the al A...........a.a4 f. Rewsed Henth6, rat Rate Fer 20E8. The Attorney shall wart 2008 threegh Beeember 2808— his revised menthly flat rate ffiEeFperates the rns d AttarRey, in aeeerdanee with PaFagFaph I 8' 3. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. 4. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 3 are hereby ratified and affirmed, and the terms of the Agreement,Amendment No. 1,Amendment No. 2, and this Amendment No. 3 shall be deemed to have applied. S. Except as specifically amended,all remaining provisions of the Agreement and its amendments shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. I STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. I By: By: PrIn Nar 8 Print a . Suzette Cooke Title: / Titl Ma or Date:_ V1 S �_ Da < APPROVED ASAO F M: AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 4 B y of e aw Dep rtment ATTEST: By: Brenda ]acober, City Clerk P\a111Mes{OP��m11215\Shwart0eaI1N9�ame+R-AmentlmeM3 doc AMENDMENT NO. 3 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 4 OF 4 KENT AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No.4") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS &HARMELL,INC., P.S.,a Washington professional services corporation ("Attorney"). RECITALS A. Under the parties existing Agreement for Public Defense Services("Agreement"), the Attorney provides public defense services to indigent defendants appointed to the Attorney by the Kent Municipal Court. These public defense services are provided by Attorney In exchange for a monthly compensation rate of $36,000. The current term of the parties' Agreement expires December 31, 2011. B. On July 1, 2010,the City's annexation of the Panther Lake Annexation Area took effect. This annexation increased the City's population by approximately 24,000 additional residents, and expanded the City's territorial boundary by approximately five (5) additional square miles. On July 1, 2010, the Attorney began providing public defense services to indigent defendants who commit crimes within this newly annexed area of Kent. In orderto compensate the Attorney for these additional services, the parties have agreed to amend the Agreement to order to increase the Attorney's monthly compensation from $36,000 to $46,000, NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Attorney agree as follows: AGREEMENT 1. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: 11. Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: The City shall provide to Attorney for services rendered under this Agreement a� t4if-ee-yeaf-teffn-of4Hls-Atfeeirent; the sum of FOUR HUNDRED THIRTY-TWO THOUSAND DOLLARS AMENDMENT NO, 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 4 ($432,000) per year,to be paid at the rate of THIRTY-SIX THOUSAND DOLLARS ($36,000) per month: From July 1. 2010. through December 31 2010 only, the monthly rate. aid.by the City to the Attorney shall increase to FORTY-SIX THOUSAND DOLLARS($46 000) to compensate Attorney for the additional case referrals anticipated due to the Panther Lake Annexation taking effect. After December 31 2010 the Attorney's compensation shall revert back to a monthly rate of THIRTY-SIX THOUSAND DOLLARS ($36,000) per month. However, the parties will analyze the case referrals made for the period from July 1, 2010, and December 31 2010, and a subsequent contract amendment may be negoflated if it Is determined that additional long-term compensation is due to adequately compensate the Attorney for additional case referrals made as a result of the Panther Lake Annexation. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b, Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. c, Miscellaneous Costs, The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Billing. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: (i) for the monthly installment set forth in subsection 11(a) above; and (li) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 20t' day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 2 OF 4 I 2. Attorney certifies to City that the Agreement for Public Defense,Services is in full force and effect and that there exist no uncured defaults on the part of-the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract, 3. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 4 are hereby ratified and affirmed, and the terms of the Agreement, Amendment No. 1,Amendment No. 2, Amendment No. 3,and this Amendment No. 4 shall be deemed to have applied. 4. Except as specifically amended, all remaining provisions of theAgreementand Its amendments shall remain In full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. By: By: Print Name, Sw 'C Pnn am uzette Cooke Title: Ti a: a 01 Date: c Da : G /o APPROVED S O FORM: aA LA, By; Cit of Kent Law Department ATTEST: e By� / Brenda Jacober, CjW Clerk P\GII\Nrs\Open FII s11315PiCllr➢aknse5ervi®s\3ewarteeslV.AreemnUAmxdment4 dpc AMENDMENT NO. 4 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF 4 KENT AMENDMENT NO. 5 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmelf, Inc., P.S.) THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES ("Amendment No. 5") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and STEWART BEALL MacNICHOLS & HARMELL, INC., P.S., a Washington professional services corporation ("Attorney"). RECITALS A. Under the parties existing Agreement for Public Defense Services ("Agreement"), the Attorney provides public defense services to indigent defendants appointed to the Attorney by the Kent Municipal Court. These public defense services are provided by Attorney in exchange for a monthly compensation rate of $36,000. The current term of the parties' Agreement expires December 31, 2011. B. On July 1, 2010, the City's annexation of the Panther Lake Annexation Area took effect. This annexation increased the City's population by approximately 24,000 additional residents, and expanded the City's territorial boundary by approximately five (5) additional square miles. On July 1, 2010, the Attorney began providing public defense services to indigent defendants who commit crimes within this newly annexed area of Kent. In order to compensate the Attorney for these additional services, the parties have agreed to amend the Agreement in order to increase the Attorney's monthly compensation from $36,000 to $46,000. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Attorney agree as follows: AGREEMENT 1. Paragraph 11 of the Agreement for Public Defense Services, entitled "Compensation," is amended as follows: 11. Compensation. a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows: AMENDMENT NO 5TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 3 The City shalt provide to Attorney for services rendered under this Agreement the sum of FIVE HUNDRED FIFTY TWO THOUSAND DOLLARS ($552,000) per year, to be paid at the rate of FORTY-SIX THOUSAND DOLLARS ($46,000) per month from January 1, 2011 through December 31, 2011, to compensate Attorney for the additional case referrals due to the Panther Lake Annexation area. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. b. Appeals. The Attorney shall handle appeals taken by . indigent defendants, regardless of whether the Attorney represented said defendant at trial. This service is to be included within the Scope of Services described in Section 1 of this Agreement and the Compensation provided for in Section 11(a) above. c. Miscellaneous Costs. The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. d. Biding. The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter: (i) for the monthly installment set forth in subsection 11(a) above; and (n) for all costs incurred by the Attorney under subsection 11(c) above for the previous month or months. In addition to the reporting requirements of Section 17 of this Agreement, the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement. The City shall make payments on or before the 20u' day of the month following the month for which services were rendered; provided, that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period. 2. Attorney certifies to City that the Agreement for Public Defense Services is in full force and effect and that there exist no uncured defaults on the part of the Attorney under the Agreement. The City certifies to Attorney that the Agreement is in full force and effect, that there exist no uncured defaults on the part of the City under the Contract. AMENDMENT NO, 5 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES-Page 2 of 3 • I - 3. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 5 are hereby ratified and affirmed, and the terms of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and this Amendment No, 5 shall be deemed to have applied, 4. Except as specifically amended, all remaining provisions of the Agreement and its amendments shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT &HARMELL, INC., P.S. B 4APPROVEA Pr neTitle: �w c66 Date: a ilia RM: Bv:."H"� City of Ken Law Department ATTEST: g &mot-��±.n� f Brenda ]acob r, ity Clerk P NC tNRIe\Open Flies\i]15-PYb11CDeRn6e5ervcesl54r(arlBcaIIP9MmenbN+� Mn t4 dX I AMENDMENT NO rfTO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 3 OF3i I 12�5 KENT AMENDMENT NO. 6 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES (between City of Kent and Stewart Beall MacNichols & Harmell, Inc., P.S.) THIS AMENDMENT NO. 6 TO THE AGREEMENT FOR PUBLIC DEFENSE SERVICES (`Amendment No. 6") is made between the CITY OF KENT, a Washington municipal corporation ("City', and STEWART BEALL MacNICHOLS & HARMELL, INC., P.S., a Washington professional services corporation (`Attorney"). RECITALS A. Under the parties existing Agreement for Public Defense Services ('Agreement"), the Attorney provides public defense services to indigent defendants appointed to the Attorney by the Kent Municipal Court. B. On April 20, 2011, the city of Kent adopted Resolution No. 1843, relating to public defense standards for indigent defense services provided to indigent defendants prosecuted by the city of Kent. C. The Attorney has agreed to abide by the public defense standards for the remainder of the term of the contract. NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Attorney agree as follows: AGREEMENT I. Attorney certifies to City that It will abide by the Public Defense Standards set forth in Resolution No. 1843, which is attached and ,adopted by this reference, for the remainder of the term of the Agreement, for Public Defense Services, and that failure to comply with the standards may constitute grounds for termination of the Agreement for Public Defense Services. 2. Except as specifically amended, all remaining provisions of the Agreement and its amendments shall remain in full force and effect. AMENDMENT N0, 5 TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - 1 OF 3 IN WITNESS, the parties have executed this Amendment No. 6, which shall become effective on the last date executed below. STEWART BEALL MacNICHOLS CITY OF KENT & HARMELL, INC., P.S. By:� li � By: Print Name: KFO �44eMC-L�— Pr' UN me Suzette Cooke Title: PAPT r-P, Title: Mayorx Date: APPROVED AS TO FORM: Ci . of Kent Lair 6apartment ATTEST: Brenda 7acober, City Clerk N\pull\Ells\open Flie\1215-PublicDefense eMseAStewartBeallAgmement-Amendment5.doc AMENDMENT NO, 6TO AGREEMENT FOR PUBLIC DEFENSE SERVICES - Page 2 of 2 KENT Agenda Item: Consent Calendar - 7Y TO: City Council DATE: December 13, 2011 SUBJECT: Goods & Services Contract, Allied Telesis, Inc. - Authorize MOTION: Authorize the Mayor to sign all documents related to the Goods and Services Contract with Allied Telesis, Inc., in an amount not to exceed $134,318.89, to replace network equipment for the Regional Fire Authority (RFA), subject to final terms and conditions acceptable to the City Attorney. SUMMARY: This purchase replaces equipment purchased in 2002/2003 which has reached its end-of-life and is no longer covered by support. Both City and RFA business applications and services now require more speed, capabilities and security in order to operate. This purchase is focused on providing switch equipment at the Information Technology supported RFA facility that addresses those requirements. This equipment is necessary for connectivity between mutually supported facilities and addresses the network switch equipment replacements needed for continued operations of critical networking services. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Funds will come out of the Hardware Lifecycle Replacement fund KEN,r GOODS & SERVICES AGREEMENT between the Ciity of Kent and Allied Telesis, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereiraifter the "City"), and Allied Telesis, Inc organized under the laws of the 'State of Washington, located and doing business at 3200, (North Furst Street, San Jose, CA 55134, 408 519-8700, and Mark Thomason] (hereinafter the "Vendor"). AGREEMENT I" DESCRIPTION OFWORK. Vendor shall provide the following goods and materials and/or perform the following sere+ices for the City; Please Reference Attached Quote # OPP-000034777 L. _._.__,....,.............._ ....., ........_.... ...._ Vendor acknowledges and understands that it is not the City„s exclusive prow%der of these goods, materials, or services and that the City maintains its unqualified right to obtain these gonads, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vender shall complete the work and provide all goods, materials, and services January 30th„ 2012 or 30 days upon reciept of order, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed (Please Refernce Attached Quote -ft OPP-000034777 with a product and services totai of $122,465.64), including applicable Washington State Sakes Tax, for the goods, materials, and services contemplated in this Agreement, The City shall pay the Vendor the fcllowingi amounts according to the following schedulle; GOODS & SERVICES AGREEMENT - 1 rover fltl,000.00, in6uding NSS'T) --------------------- Please referince payment terms on Quote # OPP-000034777, ............. If the City objects to all or any portion of an invoice, it shall notify Vendor 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, A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including, legal costs and attorney roes, incurred by the City beyond the maximum Agreement price specifled above, The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B, Final Pay gmj ...W@Jver.. of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT ........... — SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT 'THOSE PREVIOUSLY AND PROP,ERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Ernployer 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and Independent business that is eligible for a business deduction for federal income Lax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMEN r - 2 (Over $1.0,000.00, rnciudlng WSST) E. The Vendor has registered its business and established an account with the skate Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to 'the expenses and earnings of its business., 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XI'V(l within fourteen (14) calendar days of the date 'Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment.. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the. City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allio'wed, the Vendor' waives its right to make any claim or submit subsequent 'amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work, however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section, shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential casts, Including costs of delays related to any work, either covered or affected by the change.. V11. CLAIMS. If the 'Vendor disagrees with anything required by an amendment, another written order, or an oral order from, the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence: of the events giivinig rise to the claims, or withiin fourteen (1.4) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever- occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, At a minimum, a Vendor's written claim shall include the 'information set forth In subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL. BE AN ABSOLUTE WAIVER OF ANY GOODS E+ SERVICES AGREEMENT - 3 (Over$10,060.da', IrlOu6ng WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of ClatIr. Provide a signed written notice of claim that provides the following inforrra,tiom 1.. The date of the Vendor"s claim; p, The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cast, if ary, of the claimed work and how that ostrinate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the. Vendor is asserting a schedule charge or disruption. B, Records. The Vendor shall keep complete records of extra oasts and time incurred as a result of the asserted events giving rise to the claim, The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed, If the City determines that a claim is vapid, the City will adjust payment for work or time by an equitable adjustment. No adjustment willl be made for an invalid protest. C. Vendor's Duty To Caipletc....Prq o:d:...Lo „k. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. tL Failure to Prat st _ pnstilul. s Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations„ and determination). E. Failure to Fallonw ProCeduires._Co.nstrt,utes Waiver. By failing to follow the procedures of this section, the Vendor complctdy waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). ' 10. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWVSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR, VENDOR'S ABILITY TO 'FILE THAT SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, IX. WARRANTY, This Agreement is subject to alll warranty provisions established under the UnIorm Commercial Code, Title 62A, Revised Code of Washington, Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with Theis specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the C'ity's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be. acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Jeer 1C',U �,tac , including WSSTD correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect.. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all casts incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In thie hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, diiscriminate against any person who is qualrfled and avallable to perform the work to Which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comppy with City AdministraUve Policy 1.2, and upon completion of the contract work, File the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, Indemnify and hold the City, Its officers, officials, employees, agents and volunteers harmUess 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 Vendor's performance of this Agreement, except for that portion of the Injuries and damages caiused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification,. IT 15 FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER LN USTRIAL_INSURANCE, TITLE 51, RC% SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS 'WAIVER. In the event. Vendor 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 Vendor's part, then Vendor 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 Vendor's part, The provisions of this section shall survive the expiration or termination of this Agreement.. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit Not Applicable attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its emiployecs, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be drone at Vendor's own risk, and Vendor 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., GODODS & SERVICES AGREEMENT - 5 (Over$10,000.00, rrachjding 'WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable eqyl�@�dl.....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. Mori-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 ainy 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 sarne shall be and remaiin in full force and effect. C. Resolution of_Displf_9pygmin L rw, 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 dislipute, difference or claIrn 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 fromi 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; pl hiowever, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D Written Notice, AE communications regarding dris 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 cleerned sufficiently given if sent to, the addressee at 'the address stated in this Agireemort or such other address as may be hereafter specified in writing. E. Assiannn�ent. Any assignment of this Agreement by either party wh]l the written minsent of the non-assigning party shall be void, If the non-assigniing 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 dully authorized representative of the City and Vendor. G. frrtlrq Ag,rgerm nt= The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal staterrents, 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. Fl, CA P.11a-nce__Aktih..Il The Vendor agrees to comply with all federal, state, and municipal'i la',Ns, rules, and regulations that acre now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by thilis Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000,00, including WSST) L Counterparts. This Agreement may be executed in any number of counterparts, each of *hick shall consVtute 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 iast date entered below. ............ ........ VENDOR: CITY OF KENT, By, By Print Name::::: Print Name*. Suzette Cooke Its its— M19 Y.or DATE: DATE; N OT I C E S T 0 B E S SNIT' T 0: VENDOR: CITY OF KENT, Mark Thomason Allied Telesis City of Kent 3200 N First St, Sari Jose, CA 95134 220 Fourth Avenue South Kent, WA 98032 408-221-8788 (telephone) (253) (telephone) 408-5,19-8653 (facsimile) (253) (facsimile) ............................................ .................................................................................................................. ..................... APPROVED AS TO FORM: Kent Law Department ............... ....... .. .... ......... ............. ....... ... .............. . ...... . GOODS & SERVICES AGREEMENT - 7 iiicludiog WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTIlI' I'TY 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 fol'lowing questions specifically identify the requirements thie 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, :t 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: 1,1 I have read the attached City of Kent administrative policy number 1.2. 2, During the time of this Agreement t will not discriminate in emiployment on the basis of sex, race, color-, national origin, age, or the presence of all sensory„ mental l 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. touring the time of the Agreement I, the prime contractor',, will actively consider hiring and promotion of women and minorities. 5, lBefore acceptance of this Agreement, an adherence statement willl be signed by me, the Prilme Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this ... � !� clay_ of ....-.. -... _...., 2®ZZ For: mm' � Title. ..„ � =. Date: , ' y EEC COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER!: 1„2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES, April 1, 19,96 CONTRACTCRS 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 suppFers Of the City must guarantee equal employment opportunity w1thilin 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 wornen. 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 arid giuidelines, EEC COMPLIANCE DCCUIMENTS - 2 of 3 CITY F KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT' This fcrnn shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 1, the undersigned, a duly represented agent of C C, � � IT Company, hereby acknowledge and declare t rat the before-Imendoned co pany was the prime contractor for the Agreement known as _ Tat was entered Into on the (date), between the term I represent and the City of Kent. I declare that I complied fuliy with aH of the requirements and obligations as outlined in the City of Kant Administrative Policy 1.2 and the DeclaratGon City of Kent Emial Employment Cipportu city Policy that was part of the before-mentioned, Agreement. 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SUMMARY: In October of this year, Judge Robert McSeveney resigned his position as Judge of the Kent Municipal Court in order to accept a position as a federal immigration judge. Pursuant to section 3.50.093 of the Revised Code of Washington and section 2.32.060 of the Kent City Code, Mayor Cooke is responsible for appointing a judge to serve the remainder of the judicial term, subject to confirmation by the Kent City Council. The appointed judge will serve until December 31, 2013. The judge who will serve in the position beginning January 1, 2014 will be determined by way of election in November 2013. The Mayor will present the candidate for confirmation at tonight's meeting, after reviewing the candidate's qualifications and experience. EXHIBITS: Resume and Letters of Recommendation RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None, funding is currently in place KARLI KRIS TINE JORGENSEN Karli Kristine Jorgensen, P.S. P.O. Box 1440 Mercer Island, WA 98040 (206) 232-7009 F.mployment: 6/98 to present Shareholder, Karli Kristine Jorgensen,P.S. Inc. - Pro Tempore Judge: Kent Municipal Court (1998 —present) - Pro Tern Judge: King County District Court(1998- present) - Pro Tern Judge: Municipal Courts of Kirkland, Des Moines, Issaquah, Bothell, Black Diamond and Renton - Prosecuting Attorney: City of Snoqualmie: 1998-2001 11/91 to 6/98 Shareholder/Partner, Thomas Whittington Bergan Studebaker - Pro Tern Judge: King County District Court (1993-1998) - Pro Tern Judge: Kent Municipal Court (1996-1998) - Prosecuting Attorney for City of Snoqualnuc (1991-1998) - Prosecuting Attorney for City of Issaquah (1994-1998) - Criminal Defense: King County: Misdemeanor and Felony - Farnily/Domestic Law 4/91 to 11/91 Asst. City Attorney (Contract) City of Bellevue - Criminal Prosecution 1/89 to 3/91 Instructor, Central Oregon Community College, Bend Oregon - Business Law - Personnel Management -Public Policy - Public Relations 6/85 to 7/88 Asst. City Attorney, City of Bellevue - Civil Litigation (1986-88) - Civil Rights: 1983 Litigation - Risk Management - Personnel Deputy Prosecuting Attorney, City of Bellevue - Criminal Prosecution (1984-86) Education: Juris Doctor: 1985 University of Washington School of Law Masters in Public Administration: 1981 Seattle University Institute of Public Service Bachelor of Arts: 1975 University of Washington, Phi Beta Kappa Bar/ Court Memberships: Washington State Bar United States District Court; Western Washington United States Court of Appeals; Ninth Circuit i I Civic Activities King County Sexual Assault Resource Center (KCSARC): Crisis line Volunteer: 1981-1983 Community Educator: 1983-1987, 1992-94 High schools (Bellevue, Juanita, Newport, Mt. Si ) Service organizations: Rotary, Lions University of Washington, School of Law Board of Trustees: 1992-1994 Financial supporter: 1981- present I Eastside Domestic Violence Program (EDVP) Instructor, 1991-93, on issues of cultural diversity and civil and criminal protective orders. Issaquah High School: Mock Trials: Provided instruction and served as judge in student Mock Trial activities. (1992-1994): Task Force re: Sexual Exploitation of Children. King County Prosecutor's Office Member, 1982-3, Participated in the initial drafting of legislation which was later codified as RCW 9A.68A: Sexual Exploitation of Children Central Oregon Battering and Rape Alliance (COBRA), Bend Oregon (now "Saving Grace") Community Educator, Volunteer, 1989-91 Board of Director 1989 1 withdrew from formal civic activities in order to address health issues in 1994 but continue to provide crisis counseling and advocacy to sexual assault victims referred by friends and colleagues. Other Experience: 2003: Judicial College: General Program 2005: King County District Court Pro Tern Training,Instructor (Arraignments) 2007: Drafted Pro Tern Manual: Kent Municipal Court 2005 to present: Member,En Banc Panel, Kent Municipal Court Served as the third member of the En Banc Panel for issues of jurisdictional importance. FROM THE CHAMBERS OF CHARLES J.DELAURENTI,II October 11, 2011. The Honorable Suzette Cooke Mayor, City of Kent 220 Fourth Avenue South Kent,Washington 98032 Re: Application Ms. Karli Jorgensen Municipal Court Judge Dear Mayor Cooke, I understand that Ms. Karli Jorgensen has applied for the position of Municipal Court Judge for a vacancy on the Kent Municipal Court. I have known Ms.Jorgensen over 20 years as an attorney, a pro tem judge,and as a friend. I find her qualifications to sit as judge to be Impeccable. She is well versed in the law, has an even temperament,and listens carefully to all sides while giving a well reasoned opinion. She Is well respected by all who appear in front of her. She would be an excellent representative for the city of Kent. If I can provide any additional information,please feel free to contact me at PO Box 792, Renton,Wa. 98057-0792 or at charles.delaurenti@kingcounty.gov. Sincerel , Charles J.Delaure ti,11 / Judge ROBERT E. Mc METH 4025 South 345th Street Auburn, WA 98001 October 5, 2011 HON.SUZETTE COOKE MAYOR, CITY OF KENT RE: LETTER OF RECOMMENDATION KARLIJORGENSEN KENT MUNICIPAL COURT/POTENTIAL VACANCY Dear Mayor Cooke: It is my understanding that there may soon be a vacancy in the position of Judge of the City of Kent Municipal Court. 1 am very pleased to submit this letter of recommendation on behalf of MS. KARLI JORGENSEN as a potential appointee to that position. I have had the pleasure of working with Karli Jorgensen for approximately eighteen years as she has performed duties as a ProTem Judge in almost every court in King County. As a sitting Judge, I considered Karli as the very best ProTem I could get to cover my court. Although now retired, I have had the pleasure of working with Karli in various courts around the county as we both served as ProTem judges. In each of these capacities,I have the occasion to work with Ms. Jorgensen in a wide variety of situations and have had a good opportunity to observe the very outstanding manner in which she has conducted herself. She is a take-charge person and gets very involved in solving whatever problem she might be facing. She does not sit on the sidelines and "watch someone else do it," but gets in and helps to solve problems in a very active and supportive way. In every contact I have had with her, she has been the consummate professional, knowledgeable in every way, and has worked hard to develop and maintain simply outstanding relationships with all who come into contact with her. There are several aspects to Karli's service as a ProTem that I appreciate, but two that are most noteworthy. First, she is an exceptionally hard worker---dedicated to doing the very best job she possibly could do. She often comes in to the court ahead of schedule (often coming in the day before her scheduled calendar) to prepare herself for that day's work. Accordingly, she is the most prepared,judge ever sitting on the bench. Additionally, she is not content to simply handle the calendar and then leave---often seeking out additional work that she could complete before she leaves for the day. In the District Court, there is a mountain of paperwork that must be completed---Karli stays until the work is done. Second, Karli is the most professional ProTem we have. She is absolutely superb on the bench---patient, empathic, and solicitous to every person appearing before her. More importantly, she has the ability to work exceptionally well with others. She has a unique ability to "do justice"---making the entire system work more efficiently. Karli has been the primary ProTem Judge in the Kent Municipal Court for the past several years---knows the system well and could step in and do the job professionally and competently. Karli always does more than required of her, exhibiting a rare dependability and initiative that is so needed. She always completes any task assigned to her with dispatch and with exceptional attention to detail. All of her work is done extremely well—she is a completely reliable and dependable worker. Karli is such a remarkable individual---her initiative, dependability, and resourcefulness have marked her as an exceptional individual. I have been impressed with her excellent work habits and her overall ability to handle any responsibility assigned to her—many times on very short notice. Karli is able to work with disparate groups---individuals with different agendas---individuals with different points of view. All in all, she is a unifier. She is exactly what we need on the Kent Municipal Court bench. I hope you will seriously consider her in making your selection. Very truly yours, ROBERT E. McBETH JUDGE (Ret). KING COUNTY DISTRICT COURT WEST DIVISION Eileen A. Kato E-301 King County Courthouse Judge Seattle, Washington 98104 (206) 296-3615 I October 11, 2011 The Honorable Suzette Cooke Mayor, City of Kent 220 4th Avenue S. Kent, WA 98032 Re: Recommendation of Karli Jorgensen for Appointment as Kent Municipal Court Judge Dear Mayor Cooke: It is a privilege and honor to recommend, endorse, and support Ms. Karli Jorgensen for appointment to the Kent Municipal Court bench. I am a King County District Court Judge and have been on the bench for over 17 years. Before that, I practiced law 15 years as a federal trial attorney and as bankruptcy attorney in private practice. I have known and respected Ms. Jorgensen for over a decade and am very familiar with her work and reputation as a pro tem judge. Ms. Jorgensen has exhibited commitment, outstanding skills, and professionalism in her career endeavors in the law. She has demonstrated a tremendous respect for our system of justice and she ensures that every individual she comes into contact with in the courtroom, whether it is the prosecutor, witnesses, jury members, court staff, or the judicial officer, is treated professionally, courteously, and respectfully. By doing so, Ms. Jorgensen creates an environment that fosters advocacy with civility and in which a criminal defendant is treated with the same courtesy and dignity as any other person in the courtroom. Early on I recognized the unique skills possessed by Ms. Jorgensen and the superlative recommendations of many other judges and court staff supported that recognition. Approximately 10 years ago, I requested that she serve as a pro tem judge during my absences in both criminal and civil cases. I consistently receive very positive feedback from the court staff and attorneys regarding Ms. Jorgensen's judicial skills. She has gained the respect and appreciation of the court staff without question, who values Ms. Jorgensen's patience, preparedness, and efficiency. I am always confident that during my absence from the bench that the parties, attorneys, staff, and the public are i l The Honorable Suzette Cooke October 11 , 2011 well served and treated with the same dignity, respect, and fairness from Ms. Jorgensen that I strive for when I am on the bench to uphold public trust and confidence in our judicial system. Ms. Jorgensen's hallmark is her preparedness. She is always well prepared, patient, even-handed, and demonstrates a strong sense of fairness. She is well versed on the law and handles the court calendars in an efficient and organized manner. During the time that I have known Ms. Jorgensen, I found that she possesses all of the attributes of an outstanding judge. She is a person of high intellect and integrity, has excellent communication skills, possesses the decisiveness required for an efficient courtroom, is always prepared for court, and is impartial and fair to all litigants. As an attorney, jurist, and as a human being, Karl! Jorgensen has a reputation for balance and integrity. She is widely respected by people from all walks of life. At a time of enormous challenges for our judiciary, the role and function of our courts is of crucial importance to our future. We must assure that the individuals who are nominated to serve are of the highest caliber. Ms. Jorgensen is one of those persons. It is my privilege and honor to recommend Karli Jorgensen to fill the upcoming vacancy on the Kent Municipal Court bench. If you have any questions, please contact me at 206-296-3615. Sincerely, Eileen A. Kato Judge EAK:tbm Rebecca C. Robertson 33325 8°i Ave South Federal Way,WA 98063-9717 rcr101 @hotmail.com 206-334-8298 October 10, 2011 The Honorable Suzette Cook Mayor, City of Kent 220 4"' Ave S Kent, WA 98032 RE: Application of Karli K. Jorgensen Dear Mayor Cook, I am honored to support Karli K. Jorgensen's application for judicial appointment to the Kent Municipal Court. I do so without hesitation. As a Judge for Federal Way Municipal Court, I view Ms. Jorgensen as a mentor and a model judicial officer. I have known Ms. Jorgensen both personally and professionally for over twelve years, and know that she has the temperament, knowledge, diligence, and ethics that are required in ajudicial officer, Ms. Jorgensen has been a regular Pro-Tern Judge in Kent for the past fourteen years, and provides a tremendous service to the Kent community. As a former Kent Prosecutor, I had the privilege to appear before Ms. Jorgensen on a regular basis. She always appropriately and justly exercises her discretion and is very well versed in all areas of law and courtroom procedure. Ms. Jorgensen has a stellar reputation among prosecutors, defense counsel, and judges, and her integrity is beyond reproach. She is well respected and admired by all who appear before her. Ms. Jorgensen's experience as a Pro-Tern Judge, prosecutor, and defense attorney, as well as her longstanding service to Kent, makes her the best candidate for this position. She understands Kent and the Court, and gets along well with Judge Phillips and the court staff. Her transition from regular pro- tem to permanent judge would be seamless. I strongly encourage you to appoint Ms. Jorgensen as Judge for Kent Municipal Court, She is an excellent judicial officer and an asset to the City. Please do not hesitate to contact me, as I would be happy to discuss Ms. Jorgensen's qualifications by phone or email. Sincerely, Rebecca C. Robertson Judge Janet E. Garrow King Country District Court 8601 - 160t Avenue NE Redmond, WA 98052 October 11, 20111 Mayor Suzette Cooke City of Kent 220 4th Avenue South Kent, WA 98031 Re: Karli Jorgensen Dear Mayor Cooke: It's my understanding the City of Kent is seeking to fill the judicial position being vacated by Judge Robert McSeveny. I am writing to highly recommend that you consider selecting Ms. Karli Jorgensen to fill this judicial position. I had the good fortune of meeting Ms. Jorgensen in the early 1980's when she worked as a deputy prosecutor with the City of Bellevue. She is one of the few'attorneys I have selected to serve as a pro tern judge in my absence at King County District Court. I have a great deal of respect and high regard for Ms. Jorgensen. Ms. Jorgensen is very bright, knowledgeable, hard working, compassionate, and committed to equal access and justice for all. She has many years of experience as a prosecuting attorney, in private practice, and as a pro tern judge for courts throughout King County. She is unique in that she was selected to serve as an instructor for King County District Court's pro tern training. When Ms. Jorgensen serves as a pro tern judge, the judge she is sitting for can be confident that the court calendars will operate smoothly and efficiently, that litigants and parties will be treated fairly and respectfully, the court staff will find her easy to work with, and that she will make sound legal decisions. I would be pleased to discuss her qualifications with you or your staff. You can reach meat 206-205-5701. Sincerely, ?Jan42. Garrow ge October 10, 2011 10839 NE 19`s Place Bellevue, WA 98004 (425)454-8509 flvsay@msn.com Re: Karli K.Jorgensen I Honorable Suzette Cooke Mayor,City of Kent 230 0 Avenue South Kent, Washington 98032 Dear Mayor Cooke, As you consider a number of qualified judicial candidates for the Kent Municipal Court, let me share with you a judge's perspective of an outstanding Individual, Karli K.Jorgensen. My background includes 22 years as a deputy prosecutor for King County and 16 years as an elected district court judge. In 1993,Judges Joel Rindal, Brian Gain,and I appointed Karh as a pro tem judge for the Bellevue District Court. Over the years,the various district courts were consolidated to form the King County District Court, Karl! has been qualified to serve as a pro tem judge In all of the other courts. Karli served as an Assistant City Prosecutor for the City of Bellevue. She then served as a lawyer in private practice. This gave her a well-rounded background to serve as a judge. Karli continued to develop and became a very good judge. In addition to serving in the King County District Court, Karli has served and continues to serve in several municipal courts including Kent Municipal Court. While there are many good, qualified pro tem judges, Karli Jorgensen in in the top tier. She would make an excellent judge for Kent. red L. Yeatts I The Honorable Suzette Cooke October 11,2011 Mayor,City of Kent 230 Fourth Ave. So. Kent,WA 98032 Re:Judicial vacancy in the Kent Municipal Court Dear Mayor Cooke: It is my understanding that Judge Robert McSeveney may be resigning his position to accept a federal judicial appointment. I take this opportunity to identify myself and to make a recommendation to you for his replacement. I served as a King County District Court Judge,sitting in the Bellevue District from April of 1980 through the end of my last term in January of 1999.Prior to that I practiced law in King County for 16 years and prior to that I served 8 years in the King County Prosecutors Office,the last 6 of which I was the Chief Criminal Deputy.Before going on the bench I appeared before most of the judges in the various courts in King County and in the State Appellate Courts. I was elected as president of the Washington State District and Municipal Judges Association and served on their board for a number of my years on the bench. I mention this experience only so that you will know I have a long experience with judges and the traits that make them successful.Both of your present municipal judges appeared before me many times and it was my privilege to appoint Judge Glenn Phillips as pro tern judge at the Bellevue Court during my time there. I am advised that Karli Jorgensen will be an applicant for your judicial vacancy.I have known Ms. Jorgensen since she first appeared before me as a City of Bellevue Prosecutor in 1984 or 1985. She was immediately recognized as one of those rare young lawyers who have,as part of their persona,what is referred to as"courtroom presence". She had a sound knowledge of the law and was always well prepared in the presentation of her cases.It was my privilege to appoint her as one of the Bellevue court's pro tem judges in 1993. Since that time she has been appointed as a regular Judge Pro Tom in many of the limited jurisdiction courts,both municipal and district,in King County.I know, from conversing with other judges,that this continuum of judicial experience is because she is recognized as an exceptional talent. Ms. Jorgensen's professional qualifications include the further benefit of extensive experience in municipal law not only with the City of Bellevue,but also as a prosecutor for both Issaquah and Snoqualmie. She has had the additional experience of criminal defense work as a private attorney.This experience on both sides of the courtroom provides for a judge not only the important appearance of fairness but also the ability to be fair and judicial while making sometimes difficult decisions. When I started my law career there was just one non male judge in King County and not many women practicing law. As I am sure you know, that rather glaring delinquency in the makeup of the bench and bar has changed but this appointment is a chance for the City of Kent to further enhance the quality of the judiciary and at the same time ensure that gender discrimination will continue to disappear. I would welcome an opportunity to speak with you or your representative about this appointment. Sincerely yours, Joel A.C.Rindal 1024—172"a Ave.N.E. Bellevue,WA 98008 (425)746- 1871 October 11 , 2011 Mayor Suzette Cooke 400 W. Gowe St . Kent , Washington 98032-6019 Re : Kent Municipal Court Judge Position Letter of Recommendation for Karli Jorgensen Dear Mayor Cooke : Upon learning of Karli Jorgensen' s interest in your Municipal Court opening, I readily offered to prepare a letter of recommendation. I have known Karli for approximately 25 years and am quite familiar with her skills as an attorney and a Pro Tem Judge . As the Bellevue City Prosecutor for the past 30 years, I have had an opportunity to appear in front of numerous judges . Based on that experience, I am familiar with what constitutes a quality judge . Without hesitation, I can tell you that Karli Jorgensen possesses the skills and abilities to qualify for that description. Karli has the well-rounded background that is important for a judge . She has worked both in government and private practice, engaging in criminal and civil law. She has extensive judicial experience, having served as a Pro Tem Judge throughout King County and local municipalities . Having appeared in front of her many times, I know that Karli is respectful, decisive and thoroughly prepared whenever she takes the bench. She controls a courtroom, while still allowing the parties to try their own cases . Hearings proceed efficiently, yet everyone is given their opportunity to be heard. Karli is not only well-versed in the law, she has the ability to explain the reasoning behind her decisions . Because of her experience, she is also familiar with the administrative responsibilities of being a judge . She works well with court administrators and clerks . She understands the importance of working efficiently, with existing resources, with an awareness of budgetary constraints . The City of Kent would be very fortunate to have Karli Jorgensen serving as one of its judges . Her experience and background makes her particularly well-suited for the position. I strongly recommend that you seize this opportunity and appoint her as Kent Municipal Judge . If I can provide any additional information, please do not hesitate to contact me at 425-226-5472 . Very truly yours , Susan R. Irwin KENT Agenda Item: Other Business - 813 TO: City Council DATE: December 13, 2011 SUBJECT: Midway Subarea Plan, Comprehensive Plan, Zoning, and Design Guidelines Ordinances MOTION: Move to adopt Ordinance Nos. __ through No. amending the City's Comprehensive Plan to include the Midway Subarea Plan and amended Land Use Plan Map; Kent City Code to include Definitions, Zoning Districts, Uses, Development Standards, Design Guidelines, Project Permit Application Framework and Administration; and Zoning Districts Map. SUMMARY: After an extensive public process during 2008 through 2010, the Midway Subarea Plan conveys a range of actions that prepare the area for high capacity light rail transit. The Subarea Plan illustrates the potential of Midway through a series of goals and policies. The Midway Subarea Plan is implemented through: • Midway Design Guidelines which provide guidance to ensure a level of quality construction, design and site planning. • Kent City Code amendments which provide for a mix of land uses that are compact, well designed, and pedestrian-friendly. • Land Use Plan Map amendments which include the new designation 'Transit Oriented Community'. • Zoning Districts Map amendments which include new designations of (1) Midway Transit Community-1 District; (2) Midway Transit Community-2 District; (3) Midway Commercial/Residential District; and (4) a designation of Commercial Manufacturing-2 District. EXHIBITS: November 14, 2011 ECDC Packet and minutes including Ordinances (5) RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None RECEIVED CITY OF KENT NOV 14 2011 ECONOMIC&COMMUNITY DEVELOPMENT COMMITTEE L41 E7(HIBR�S/� i�ll aGliP/MCG� King County ";_iZ C� ' r3,VEBJJ Department of Assessments King County Administration Bldg. KIN 14 2011 500 Fourth Avenue,ADM-AS-0708 Seattle,WA 98104-2384 ECIONC$11i'6 AND Wednesday, November 9th, 2011 C01V1PlifJi`,Jl Y lE)VEI-OPMENT Dear Kent Community Member, An up-zone changes the highest and best use of the land (legal use). Highest and best use analysis is the culmination of the reasonable and probable use that supports the highest present value as of the date of the appraisal (typically, January 1, Noon). The use must be physically possible, legal, financially feasible and productive to the maximum use. As you know, a zoning that allows six story buildings is more valuable than one of a parcel the same size that only allows three stories maximum. Just as real estate values change, so the highest and best use of a property may change over time. Since this is a new zoning in the City of Kent, our department will have to observe sales of the zoning in order to determine how the market is valuing the new zone. If there is a similar zoning in an adjoining area, we might look at comparables using a similar zone. The mere fact that an up-zone has occurred does not automatically increase the value of the land and often the increase in land value would devalue the improvement and the total value would remain the same. If you have any additional questions, please contact Michelle Hagen, Commercial Division Director at michelle.hagennkingeounty.gov. Best regard, Lloyd Hara King County Assessor RECEIVE® CITY OF KENT From: Sheffer, Rod Imai Ito:Rod.ShefFerCa)high lineschools.orgl NOV 14 2011 Sent: Monday, November 14, 2011 2:03 PM ECONOMIC&COMMUNITY To: Anderson, Charlene DEW:LOPMENT OMMI)TEE Cc: Johnson, Andrea S EXHIBITulomr Subject: Midway Subarea Plan, Design Guidelines, and Development Regulations Importance: High Charlene, The school district recently had one of our consultants take a look at the proposed Midway Subarea plan and how it could impact the Highline School District. It is understood that the EIS acknowledges growth would impact the school district and that mitigation would be handled through an interlocal agreement between the Highline School District and the City of Kent. Of concern is the possibility that future growth could far exceed the capabilities of the existing schools in the Midway area. Should that occur,the school district would need to obtain land and build new schools to support a large increase in new students. The school district would like to go on record requesting that the city address a growth scenario that is beyond what our current schools could handle and a process of how this would be mitigated. Thanks, Rod Sheffer Capital Facilities Project Manager Facilities Services 206-631-7609 shefferw(gDhsc1401.org Information contained in this email is confidentlai and intended for the addressee only. if you received this message and are not the intended recipient,please delete the message and do not further disclose the information. ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager K EN T Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 November 9, 2011 To: Chair Jamie Perry and Economic & Community Development Committee From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Through: Fred Satterstrom, AICP, Planning Director Subject: Midway Subarea Plan (CPA-2007-4); Midway Design Guidelines (CPZ-2007-2); and Midway Development Regulations (CPZ-2007-2), Land Use Plan Map (CPA-2007-4), and Zoning District Map (CPZ-2007-2) For the Meeting of November 14, 2011 MOTION: I move to recommend/not recommend to the full Council adoption of ordinances regarding the Midway Subarea Plan and Comprehensive Plan Amendment; the Midway Design Guidelines and Zoning Code Amendment; amendments to Kent City Code; the Land Use Plan Map and Comprehensive Plan Amendment; and amendments to the Zoning Districts Map as recommended by the Land Use & Planning Board. SUMMARY: After holding a final public hearing on December 6, 2010, the Land Use & Planning Board (LUPB) recommended approval of the Midway Subarea Plan, Midway Design Guidelines, and amendments to the Land Use Plan Map, Zoning Districts Maps and Kent City Code. These planning documents and regulations are the outcome of Envision Midway, an extensive public visioning effort. 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. BUDGET IMPACT: None BACKGROUND: Envision Midway was an iterative public process starting with the first Stakeholders meeting in May 2008 and culminating on December 6, 2010 with the final public hearing before the LUPB. Prior to the December 61h public hearing, the LUPB held three other public hearings (11/23/09, 12/14/09, and 4/26/10) after which staff conducted additional review and gathered feedback from decision makers. The LUPB recommended approval (passed 5-0) of the following: (More details are in the attachments to this memo.) • Midway Subarea Plan and Land Use Plan Map - Option 2; • Midway Design Guidelines - Option 2; • Kent City Code amendments: Title 12 Planning and Land Development, Title 15 Zoning - Option 3; Chapter 15.05 Parking Standards - Option 2, and Chapter 15.06.050 Sign Regulations, Chapter 15.07.060 Landscaping, and Chapter 15.09.045 Administrative Design Review - Option 1; and • Zoning District Map Rezone - Option 3. The Midway Subarea 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. 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 Draft EIS contains the environmental analysis for the LUPB recommendations. The Final EIS responds to comments received on the Draft EIS; corrects, adds or updates information from the Draft EIS as necessary. The FEIS is accessible at www.kentwa.gov and has been placed in the Council's Conference Room. All staff reports, exhibits, and meeting minutes associated with the LUPB recommendations are also available in the Council's Conference Room. Please note the attached ordinances also include housekeeping items from Ordinance No. 3926 (8/4/09) and Ordinance No. 3252 (11/21/95) regarding Planning Director and Land Use and Planning Board. Staff will be available at the November 14th meeting to further discuss these amendments. GGW/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\200]\CPA-200]-4_MIDWAY\ECDC\111411\Memo.doc Enc: Att. A-Ordinance with Midway Subarea Plan Exhibit; Att. B-Ordinance with Midway Design Guidelines Exhibit; Att. C-Kent City Code Revisions Ordinance; Att. D-Ordinance with Land Use Plan Map Exhibits; and Att. E- Ordinance with Zoning Districts Map Exhibits. cc: Ben Wolters E&CD Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney File ATTACHMENT A ORDINANCE with MIDWAY SUBAREA PLAN EXHIBIT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE November 14, 2011 ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, amending the City of Kent's Comprehensive Plan to include the Midway Subarea Plan and making other Comprehensive Plan amendments in accord with the Midway Subarea Plan. CPA-2007-4 RECITALS A. On December 11, 2007, the City of Kent city council accepted a Competitive Growth Management Act Planning Grant awarded by the State of Washington Department of Community Trade and Economic Development (CTED) (now named Department of Commerce) to conduct a subarea planning effort along the Pacific Highway South transportation corridor in collaboration with the City of Des Moines. The impetus for the collaborative planning effort was the future extension of Sound Transit Link Light Rail service into Midway. B. The Council Members of the Kent Planning & Economic Development Committee and the Des Moines Financial & Economic Development Committee established the Joint Advisory Committee and met on February 11, 2008 and February 20, 2008 to define the study area boundaries, create a mission statement, and define goals of the project, which are as follows: 1 Midway Subarea Plan CPA 2007-4 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. 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. 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. C. On May 6, 2008, the city council authorized the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des Moines that articulated the project mission, defined the goals, and study area boundary, and contained the Growth Management Act Planning Grant's deliverables, a budget agreement, and a record keeping and reporting process. D. The Midway Subarea Plan is being adopted as part of the city's Comprehensive Plan. Initial adoption of the subarea plan is allowed 2 Midway Subarea Plan CPA 2007-4 outside of the annual amendment cycle as provided in Kent City Code Chapter 12.02.010 and in accordance with the Washington Growth Management Act (GMA) RCW 36.70A.130(2)(a)(i). E. On November 25, 2009, the City provided via e-mail to the Washington State Department of Commerce the required sixty (60) day notification under RCW 36.70A.106 to the State of Washington regarding the city's proposed Comprehensive Plan amendment for the Midway Subarea Plan. F. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. G. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. H. The Midway Subarea Plan supports the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor through dense, high quality, pedestrian- friendly development near transit stations. 3 Midway Subarea Plan CPA 2007-4 I. The Midway Subarea Plan involved extensive public participation, called Envision Midway, which was designed as an iterative process with each group's input folded into the next group's meeting in an effort to solicit ideas and comments on existing land use policies and future commercial and residential land use options, development standards, and infrastructure needs. The public outreach included the following: Stakeholders Committee meetings on May 21, 2008, June 18, 2008, September 24, 2008 and November 12, 2008; Developers Forum on July 30, 2008 and September 17, 2009; Public open house meetings on May 28, 2008 and March 18, 2009; and Public workshops on July 9, 2008 and October 15, 2008. Furthermore, staff presented the project and received comments at the Kent West Hill Neighborhood meeting on April 9, 2008. J. City of Kent and City of Des Moines leadership were also involved in the Envision Midway public outreach in the following manner: Kent and Des Moines Joint Advisory Committee meeting on January 12, 2009; Land Use and Planning Board meetings on November 10, 2008 and September 14, 2009; Kent city council workshops on February 17, 2009, August 18, 2009, August 17, 2010 and September 20, 2011; and Kent city council Economic and Community Development Committee meeting on July 12, 2010. K. The Land Use and Planning Board held workshops on the Midway Subarea Plan on September 28, 2009 and October 12, 2009. L. The Land Use and Planning Board held its first public hearing on the Midway Subarea Plan Option #1 on November 23, 2009, and following a public hearing on December 6, 2010 made a recommendation to the city council to approve Option #2. 4 Midway Subarea Plan CPA 2007-4 M. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the council's findings on this matter. SECTION 2, — Amendment. The Kent Comprehensive Plan is hereby amended to include the Midway Subarea Plan, as set forth in Exhibit "A" attached and incorporated by this reference. SECTION 3, — Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 5 Midway Subarea Plan CPA 2007-4 SECTION 5, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 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 PVCivilAOr inmceU idwe Sobv aPle¢Fffi doox 6 Midway Subarea Plan CPA 2007-4 EXHIBIT A 7 Midway Subarea Plan CPA 2007-4 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 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 Midway Subarea Plan ten.. m rW�111tM hM'F' �. mnw p1 _ y .. Prey p9 �iE, i �i�.Y!� 1�C.,' A t ni1 ro s�pr E�'"✓^� iP rangy w�,on ni�M r�/ r «^ "ao mry / /fd di kM w�, e+'ufyr qu im, _ 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 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. 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 vas=� Unincorporated King County. The ° Subarea is bound to the north by SR 516 (a.k.a., Kent-Des Moines Road) Kent- and to the south by South 272nd Street. Generally the landscape is s:<bn gently rolling with the highest point F; located in the northern third of the s L Subarea, affording the potential to HhhV„r capture views of Puget Sound and Subarea o�1z the Olympic Mountains to the west, (111,0' and views of the Kent Valley, Mt. to h ,Fe` Rainier and Cascade Mountains to S201h the east. I The name 'Midway' was a marketing tool devised in the 1930s to denote S272�d the area's location halfway between 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. 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 `o 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, 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 IN: III i�uuuum�uuuo Illlllli I@mu..... �II11OI ill",.. 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. 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 � pplpl'm-W 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 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. 6 fI oZ> ✓', I ! �� I7 �; it f I r3r, `�iW rl A !Ai v i ,✓ �. f i CF sl � r r f I u p , rli rF I r 1 1 -J F rr -- rri � r °� r i � / 41 I^��° rI f 'L .• I ,0 ,� \ �!T t r ^mi cc b I Ir G'6 � I a ✓ r .... ri rl }— Rr,r & ) � r ;' BASINS & WETLANDS ANDS If l , Y-�r ` t° DRAINAGE BASINS MCSORELY CREEK ✓°ip''✓i '7 ,��I 1 / j MIDWAY CREEK r 1 � �— T � � /✓r^°^;WETLANDS �F � r' _� ✓ °'gyp a� III ��' "' ( I- . MIDWAY SUBAREA MIDWAY SUBAREA PARCELS C pfl�G Ali I Ili Midway Subarea i 'n.. Figure 1: Midway Subarea - Drainage Basins and Inventoried Wetlands. 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. 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. 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 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. 11 Midway Elementary '"' r 7 ! p I � Grandview�ff-1:castl I � ( — „ Dog Park ^•,� � � , ,i v Russell Woods I i 1 Park � I zPP> & f erns 4 i Highline V CCollegety• ". a y /� P% ea hi oartrtirN F iPml h . ..Parks¢la u Park Future k i Parkside �� r va Greon River ry _Pn• G751P CorrrPle BavrV, Lends Heights UistaPark Dark Sunnycrest J R IIImG Elementary " v r n Midway MMUNLTYSE Sub tell CO do RVICES Y u M1 ' '•" LEGEND ry KENT SCHOOL DISTRICT-415 r v o � v HIGHLINE SCHOOL DISTRICT-401 "'."'Library r FEDERAL WAY SCHOOL DISTRICT-210 • SCHOOL ` PARKS&OPEN SPACE %Z1 DES MOINES PARKS n �a 0 KING COUNTY LIBRARY West HIII ® POLICE&FIRE STATION Substation® POLICE STATION I Imllllll �' Glenn Ne!rIk' p Park MIDWAY SUBAREA MIDWAY PARCELS n ---- CITY LIMITS Midway Subarea Mark Twain Elementary. -J1 I �...�A �. ..._ Figure 2: Midway Subarea - Community Services. 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 regional �, v � growth strategy adopted in Vision 2040 which ear builds a strategy for the central Puget Sound region to absorb an additional 1.5 million more Y i people and 1.2 million jobs by 2040.E The strategy guides the location of future population °�)� and employment growth with an increased role for metropolitan cities and larger core cities like.Kent 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. 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 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 yyJ1',1� p 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 Pugeta � 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 % r environment that projects a sense of permanence. Welcoming plazas and pedestrian 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 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 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 heavyh 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 ride their bicycles next to a series of naturalized ^ r stormwater detention ponds. Eventually one reaches a smaller park overlooking Puget Sound and Mt. Rainier. From here one can access the recreational 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 � �a 1 Community Trade and Economic Development (now named Department of Commerce). The direction from Kent and Des Moines City Councils was a commitment to build a livable, long lasting 9 community that was economically and environmentally sustainable. 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: s The project website is www.EnvisionMidway.com. 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: 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. 20 »r„!iiiiiii uuiuuudlllmiui0llllluum�lliiiiihiio ilmiul uuifffllluuulfflllluiu��Iuiu� iiiiiiil((,,,, 11�b11i 1'»1)111 1,'ltttt��ittttiiiir1111 M I Il)Wniq pi a iollnlrurzcrrr plao,omg pcorn Revised Midway light RM Station Area Concept:SR 99 r � d �, ✓ I (�)( rrwr a:r rJ �� J rll V/W MF{,PRp lml Ij ' AA w�lr>'�`�w"z e�f�r �rrr✓ fa I) if� r r 4n � F�,' ))�✓�)r��(((*''' w � FPo nrYi YG✓ JrMr nµrvu sC+!.`n+(r4g a ala 0rc} m I I nerrhn€5k 99 (HOC) Hi yl d I p Iay t ii .....I in �dJJJ�y""annw a r n5va zr +I, "' r ✓ram �'` m / ( ( - fRd'Wq m ry _r r 96ea A 7',1 k Plic.. e [ r..Fil wa 300 An Cl eia$[m" rdUir l r �✓ "z¢ Wnd m r¢q m p[5W'4 Y +,+wr a n,ROW a u rcmmT. r �unwwa r�iLH' Ya "I � � io ` o>a di le G-w,c "r �f� I err L'ip { p �. T0Hliv p rR 0 fSR99 nvm smart om If rr R u ,rr�rr rr o ,a� � f ✓3 l f//� w�%;mmwMrOr'IMw Y rn��% ) �I (,/U pRE gr Iq oiWr 10 I r'n/laII/El � r r 6ji r G Y �„ifyc 19 M],,t,,I,,RA S,ivn A,,� Come 300,Allfel Sol Mfoi n&PWSi Aarvnf:unve{+a_IS /IOf /l / r /i jyyy �%l Oi � ✓ � f � r %rr /�� rr G� ?rl//l�' p" 4 ray r j /j✓l 6� r Is ° `110f,rIN rp � 2 +, ", m ilia , �// „�, ,nr ��✓ a fi r e� Y li awJ Y°roml l � , yr "'I ) vi ry yirymmm r n y , �Vrr �l"d! ✓r4,e // r 1: f� ��r 9 r %i t, r r /f�// r Jr ✓ I?i a l F r c/ Figure 3: Envision Midway - Three Light Rail Station Concepts. 21 Midway Light Rail Station Area Concept: SR 99 East :i� � npf$ >) � imm 5pva er s.vymmm xuq eu ore a�•� < 1 F a -- r v ua e ` U3 uAj ��P LJ /\ V./" ll New eve<r �v t ,"•, / � N a�swo, 1 .� x � t 5 A31�5 Irv¢ t �tiw 1 I 50 f t R 6 r ,>u.,• mLl t m f 1 wx�o o ,A Coi i �./ S 1— 1 (�' k99R90�2.00< P hd fv an<nnn LJ IM.JI Caryl If pKi{ r � � ig � P I piwo mq t G )1 kn-1" _ 'v r o 4 t 4 i l��" µ q f k uex�a•..uodeaars -M R v r L'u -..� 4 i 3 , a sxwms n ,J O('..f d v1111.111,l -. xn tm"h"T 6 m xa Ff<M �' p yryq Wk% a r r � a emu bnxry 4 M W.P<mM �hYMIh. y 5 1 Poi p p PoAnide i f ��Nwr�' s�<n.rvry s.mo m o r=el ev ,A s n of a�ve k Pros: Cons: • Removes conflict with autos • Need to acquire ROW • Removes conflict with commerce • Possible need to reconfigure access • Provides fast service to properties ,p • Fits into existing high capacity transportation corridor Elevated rail impacts pedestrian g� 4e^47 V1 dl f 0 pry Convenient E/W METRO link environment Serves urban density housing and jobs East of SR-99 • Wide ao-grade crossingSR-99 E/W pedestrian link across SR�99 at new intersection increases potential for /� /Q' Supports major employment center(HCC) vehicle-pedestrian conflicts J-�'�- •("�Y • High development potential in 112 mile radius • METRO access to station from 30th i allibottti Ve ila IUIIOg projea Allows business at station's ground level • Noise due to track curves. lr IO ,„ • Preserves intimate feel of 30th Awe Great Street' r C II�� myiwoisna.a.s iilgA' Figure 4 — East SR-99 Light Rail Station Option. 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. 23 Al IMAN �% 41, r ��k/Z a � j/%/ " H hlm,C unity Collega �I /Z m C This Imo, t ie 9 Co rridor Completionetion and Freight Im ravement Project s• , Midway Subarea barea Plan Land Use Scenario 4.0 � ~ LEGEND Y a Transit Oriented Community High intensity transit supportive mixed-use a- a 'x r dm with a residential focus.Strongly pedestrian oriented with small walkable blocks.High quality design through use of Design Guidelines.Parks and open s ace shared with regional storm detention.Minimum 2 story to 5-story height with a maximum 200'height limit with incentives.Lower parking requirement.No single use,big box,industrial, JF or auto dependent uses. L Kent Highlands Mixed Use n /� Pedestrian and Auto accommodating ( o Mixed use with community retail and services for residential -story to -r �{ 5-story height with i h a maxim.Minimum um m m 200 height -s � h incentives Highway Commercial Corridor h� rr Wide range of community,citywide,or regional • commercial and light industrial uses and " woi C/I ve uses.Primarily auto dependent uses, , u11110 with pedestrian supportive facilities 35'to 45' } height limit. - { � Mobile Home Park Open Space and Stormwater Framework ] (- Wetlands W,tlanris Circulation Framework ^•^ Pedestrian and Bike Path Framework Complete Streets Proposed BR7 Stations(Metro) y Bus Stops(Metro) Proposed Secondary %i 0 � SCALE i 1 500 Figure 5: Midway Subarea Land Use — Scenario 4.0. 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. 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 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 small, walkable blocks and pedestrian throughways that not only move people, but act as the public square for commerce, relaxation �y and entertainment. The more auto-oriented portion of the subarea outside of the transit nodes is enhanced to make pedestrian movement 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 fW housing choices in support of rapid light rail and mass �r transit options within areas designated Transit Oriented Community. Policy MLU-1.1: Designate where high density ��p ' retail, office, and residential development will be focused. Policy MLU-1.2: Allow stand-alone land uses as part of a mix of uses. L!II��II��I II r� r 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. 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 r' identifiable pedestrian and bicycle linkages within commercial and residential uses to nearby publici �' " amenities, transit facilities, and streets. Policy MLU-3.2: Ensure multimodal public or semi-public throughways at a minimum of 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 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 272"d Street �n 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 ® /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 the mimuni �` opportunity for interaction. From a distance, buildings become more abstract and are seen more as a piece of art. The Transit Oriented t Communities will look and feel like urban 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 r environment, and supports social interaction in the ar dynamic urban center of the areas designated Transits S a Oriented Community. ��'�'�' Policy MUD-1.1: Ensure quality and durable 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 Im 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 "s 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 visual impact of mechanical systems at street level or from adjoining high-rise buildings. Policy MUD-1.6: Provide visual interest at entrances to stand-alone or internal structured parking facilities. 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. 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, / water and energy conservation, and practices such as � the US Green Building Council LEED 0 certification. , Policy MUD-2.2: Emphasize natural drainage systems wherever feasible, including, but not limited to, green roofs or walls, rain gardens and so forth. Policy MUD-2.3: Apply landscaping standards that emphasize 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 aA. a stage for public engagement within areas designated Transit Oriented Community. - " �p Policy MUD-3.1: Design streets to be urban in character, easy and safe for pedestrians to cross, and where vehicular movement is � f o //k y slowed by design. Policy MUD-3.2: Ensure a safe ands ' ". attractive pedestrian environment along >l 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 I regulations that acknowledge the human scale and the slower vehicular movement along 30th Avenue South, other internal imuw street systems and internal pathways. Policy MUD-3.7: Establish sign I - - 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 ^ - m � standards within areas designated Transit Oriented Community. � I Policy MUD-4.1: Establish methods to encourage the use of alternative modes of transportation, including maximum parking standards and shared parking agreements. 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 Subarea. Housing is also important within the auto-oriented Pacific Highway commercial r p transportation corridor. Redevelopment at the Transit Oriented Communities may eliminate r' existing affordable housing, displacing familiesdM, 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. 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. 33 ,t i✓� �,uU r, 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 gas emissions by reducing 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 u;r transportation investments, including existing and future mass transit; and connects surrounding single- family neighborhoods to Midway while protecting them from the impacts of spillover traffic. k�l"r ll�imh Policy MT-1.1: Design and develop streets that �'au� '��ia��^�� provide a safe experience and have aesthetic 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. 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 30rh Ave South. oil 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. olr� Goal MT-2: Create design guidelines for a street hierarchy that addresses the pedestrian and environmental needs in theareas designated Transit Oriented Community. lo— 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. Policy MT-2.4: Provide on-street parallel parking that promotes a safe pedestrian environment in the areas r u, designated Transit Oriented Community (except along SR- 1" 99). 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 hi �f�" �u� 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 phases of planning for the extension of light rail into "°�Illlllllllllilll i� illl If lui�uiihll If Midway to ensure Kent's preferred rail alignment and :m station location are realized. 'i 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. 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. 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 t J providing exercise, relaxation, and gathering 1Im 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. i Policy MP&OS-1.1: Wherever possible, integrate city owned properties that have recreational or educational 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 v .y 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 Utilities — property owners of the Kent r „ Highlands and Midway landfills — to design and develop passive or active public ��`r � it 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. 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 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. 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. 41 -.z1 123 rIf 1 4 ill Wr e le I TT, sccp i � � O p9 j r E iH_ k i.Cl "1E 814— n g ews. L _....,_.M. ............... ................ .._.._._ _ ._.._.._.._._... 40 IT 4 LAND USE PLAN 0 T MAP DESIGNATION LE 'END �f{J LAND USE TRANSIT ORIENTED COMMUNITY(TOC) '' �. .. COMMERCIAL(C) 1s*hL;yitLl MOBILE HOME PARK(MHP) ,on � MIDWAY STUDY AREA Tsue' ,w CITY LIMITS 1 POTENTIAL ANNEXATION AREA s: Midway Subarea 1 =1,600 -' KENi Figure 6 — Midway Subarea — Land Use Plan Map. 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. 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 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). 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 46 ATTACHMENT B ORDINANCE with MIDWAY DESIGN GUIDELINES EXHIBIT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE November 14, 2011 ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, relating to land use, adopting design standards for the Midway Subarea titled the "Midway Design Guidelines." CPZ-2007- 2. RECITALS A. On December 11, 2007, the City of Kent city council accepted a Competitive Growth Management Act Planning Grant awarded by the State of Washington Department of Community Trade and Economic Development (CTED) (now named Department of Commerce) to conduct a subarea planning effort along the Pacific Highway South transportation corridor in collaboration with the City of Des Moines. The impetus for the collaborative planning effort was the future extension of Sound Transit Link Light Rail service into Midway. B. The Council Members of the Kent Planning & Economic Development Committee and the Des Moines Financial & Economic Development Committee established the Joint Advisory Committee and met on February 11, 2008 and February 20, 2008 to define the study area boundaries, create a mission statement, and define goals of the project. 1 Midway Design Guidelines CPZ-2007-2 C. On May 6, 2008, the city council authorized the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des Moines that articulated the project mission, defined the goals, and study area boundary, and contained the Growth Management Act Planning Grant's deliverables, a budget agreement, and a record keeping and reporting process. D. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. E. The city council's vision statement and strategies support the creation of richly diverse neighborhood urban centers. F. The Midway Subarea Plan and development regulations support the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor by supporting demand for dense, high quality, pedestrian-friendly development near transit stations. G. Development regulations must be consistent with and implement the comprehensive plan as provided by RCW 36.70A.040(3). The Midway Design Guidelines implement the goals and policies of the Midway Subarea Plan that is included in the comprehensive plan. H. On October 14, 2010, the City provided to the Washington State Department of Commerce via e-mail the required sixty (60) day notification under RCW 36.70A.106 regarding the Midway Design Guidelines and development regulations. 2 Midway Design Guidelines CPZ-2007-2 I. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. J. The Midway Subarea Plan involved extensive public participation, called Envision Midway, which was designed as an iterative process with each group's input folded into the next group's meeting in an effort to solicit ideas and comments on existing land use policies and future commercial and residential land use options, development standards, and infrastructure needs. The public outreach included the following: Stakeholders Committee meetings on May 21, 2008, June 18, 2008, September 24, 2008, and November 12, 2008; Developers Forum on July 30, 2008 and September 17, 2009; Public open house meetings on May 28, 2008 and March 18, 2009; and Public workshops on July 9, 2008 and October 15, 2008. Furthermore, staff presented the project and received comments at the Kent West Hill Neighborhood meeting on April 9, 2008. K. City of Kent and City of Des Moines leadership were also involved in the Envision Midway public outreach in the following manners: Kent and Des Moines Joint Advisory Committee meeting on January 12, 2009; Land Use and Planning Board meetings on November 10, 2008 and September 14, 2009; Kent city council workshops on February 17, 2009, August 18, 2009, August 17, 2010 and September 20, 2011; and Kent city 3 Midway Design Guidelines CPZ-2007-2 council Economic and Community Development Committee meeting on July 12, 2010. L. The Land Use and Planning Board held workshops on the Midway Design Guidelines on October 12, 2009 and October 26, 2009. M. The Land Use and Planning Board held its first public hearing on the Midway Design Guidelines Option #1 on December 14, 2009, and following a public hearing on December 6, 2010 made a recommendation to the city council to approve Option #2. N. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the council's findings on this matter. SECTION 2, — Amendment. The Midway Design Guidelines, which are attached as Exhibit "A," are hereby adopted and incorporated into the Kent City Code. SECTION 3, — Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional 4 Midway Design Guidelines CPZ-2007-2 or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 5 Midway Design Guidelines CPZ-2007-2 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 PVCi ilAOr inenceU idwey DuignC idehnes%ffi doox 6 Midway Design Guidelines CPZ-2007-2 EXHIBIT A 7 Midway Design Guidelines CPZ-2007-2 III KENT Al M, 5 W 4 MOB �1:3 "Y D N, CITY OF KENT Midway Design Guidelines Ordinance No. ### - 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 PIXY� IV1Yy//�� 9 y C✓�rr(1�� `.� lil��(Apggp�� )f y ��,� 911�1/�i//Gl��ll�i ✓, 11mYin9iimiillllliffffffffffrrG�i�ia6r✓i�o,, e l Ur/✓„ ii Ni � A�f 1 �JIiI�P�I�H V � rr+ Wh � 9 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 The Midway Design Guidelines reflect the vision R found in the Midway Subarea Plan. In addition to F 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 MIDWAYSUBAREA and consistency to the development review LIRCLND MIDWAY SUBAREA process. POTENTIAL ANNEXATION AREA TRANSIT ORIENTED COMMUNITY 2 ^rran' j�yF l , ff 1 .r� rm';Iaa MVIN i� III(( li � amw r� 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 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. w. "a u n IMAf Site Design: 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 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 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 f/ , M parks and multi-modal trails. :• Configure the development to lower J& its impact on the environment through: o Solar orientation o Storm water run-off, �,• detention and filtration systems o Sustainable landscaping o Versatile building design for • E I adaptive reuse�durin9 the �° r building's life cycle AR 5 Heart Locations Overview: Heart Locations serve as the f perceived center of commercial and social activity within a neighborhood. These locations have an identity and are anchors M for the community. Intent: To enhance and promote the central „ ..,, character of Heart Locations through appropriate site planning and architectural treatments, giving high priority for improvements that focus on the public realm. Guidelines: Provide design treatments to respond to identified Heart Locations as listed below: o Light rail station o Parks and plazas 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 o Lighting a„fp o Public art o Special paving !' f,% o Landscaping o Additional public or semi-public open space A .. 6 r Topography Overview: The built environment should reflect, rather than obscure, natural topography. p Intent: To respond to topographic conditions of the site and its �� f neighbors: tl Guidelines: Step buildings up slopes to accommodate significant changes in elevation. Utilize topographic considerations to reduce the visibility of parking garages. Street Compatibility � a Overview: The character of a street defines the human experience; from 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. Intent: To site buildings in a way that acknowledges and reinforces the desirable , spatial characteristics of the right of way ��'�� I�II�INii`�`'�� and pedestrian realm. 7 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 thee% ground level to create transition zones between commercial and residential areas. Transition zones may include: u o Locating office uses adjacent to residential o Locating parking niches as a buffer to residential uses iiMMf! s,r,rrr+r jjil ,y;, ,• 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. Design for a network of safe and well-lit pedestrian connections between buildings to encourage human activity rr and link existing activity areas at a minimum of every 400'. Discourage closed campuses by keeping pedestrian connections open E, r �u 8 ro Human Activity Overview: Lively street edges make P/f for safer streets. Ground floor shops and services needed by residents attract market activity to the street Pu(� 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, 1'� « p by setting portions of the building back and providing plazas, generous walkways, or open windows to bring the activity to the public sidewalk edge. i Create activity clusters through appropriate co-location d of uses. Encourage commercial activities to spill out at a maximum of two (2) feet onto the public sidewalk, maintaining adequate �" f 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 o _xW I Pedestrian Overview: Successful pedestrian- - oriented places require convenient, safe '�w and interesting circulation opportunities. >r ' 1 Intent: To create a rich, attractive, and safe pedestrian-oriented environment that K facilitates movement and provides interest ;"a u r Guidelines: ' • Provide a pedestrian-friendly streetscape with connectivity, �a interest and amenities that y ` emphasize details and quality materials, such as: o Short blocks o Safe and well lit crosswalks o Wide walkways for easy passage 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 contiguous with public parks or open a space shall provide a wide, safe, and b interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. 10 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 business establishment. 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. ;I 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). Mini G �x 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: o Landscaped pedestrian walkways o Seating o Lighting f 2J2i arrii% 9//%!i 11 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. 1 Guidelines: Step back the upper floors, or increase the side or rear setback, so that window and balcony areas are farther from the property line. ❖ Stagger residential windows to not align with adjacent windows. Encourage site planning to create the following: o Courtyards o Common gardens ' l o Common pathway o Front entrance stoops/rear at-grade access g o Small private garden Accommodate a variety of residential uses such as townhouse, live-work, apartment, student and 2 senior living. 12 HI � I .I'rr 'g/w// Parking and Vehicle Access Overview: Parking lots garages and driveways can ,r 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: 2,, Surface parking shall be located at rear or side of building site. Surface parking lots shall not exceed thirty (30) r stalls per building complex within the Midway 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 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. s 13 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. Guidelines: r Locate utility meters, dumpsters, mechanical units and Y" 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 Ilt / entrance. Use durable materials that complement Y ,, 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 Y f jj Architectural Design: Architectural design choice of construction materials 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 y ,b Zoning Districts for the surrounding area and should be sited and designed to provide a sensitive transition to nearby, less intensive zones 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: 6 o Distance from the edge of a less intensive zone 15 o Differences in development standards between ' abutting zones (allowable building height, width, lot , coverage, etc.) , 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) F Yry� 44 e, J + IVI III t,V�, :• Utilize careful siting techniques and design treatment to achieve compatibility with ��I� � surrounding land uses, including the following: 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. IraD/1Li/lllll%� i llrcrirmmnm2i Reduce height, bulk and scale of the proposed structure as needed to mitigate "�- adverse impacts to adjoining public amenities, including sidewalks, parks, and "' i !� open space and to achieve an acceptable level of compatibility, by including the following: r� 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 lU ings cornerscktoeuildromotecavisibility edb I t streetand intersection P Y 9 v 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. o Detailing, accent trim, fenestration, or modulation. .I. I a._ Architectural Context and Features Overview: Building design elements, details �S 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 •: 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)- r yp • Rooflines • Building entries • Building base Architectural details shall include a minimum of five (5) of the following: 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 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 Exhibit building form and features that identify the functions within the building, such as: � o Grand entry for financial .. -- institution �!! o Balconies for residential 18 Clearly distinguish roofline or top of the structure from the building's facade. II Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following o Fenestration patterns 'wr1l w ` 1 ` o Building proportions o Building materials 0 �I�IIOIIIIIIIIIIIIIIII�IIIOuuuuuuuuuouuuumoummiiiiiiii ............... Design and organize the "fifth elevation" — the roofscape — rooftop elements to minimize visual impacts from surrounding buildings. Exterior Finish Material ' f irlrl ' � 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 Guidelines: Use materials that by their nature, provide a sense of permanence, and can provide texture or scale that helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: ro` ,r o Stained or painted wood siding o Shingles , A o Brick o Stone o Ceramic and terra-cotta tile f . Provide entries, plazas, or other semi-public or public spaces with a visually interesting ground plane, such as: o Use of local materials o Recording history and tradition o Designs that delight Molif, Human Scale Overview: The term "human scale" generally refers to � rli '� ', j architectural features and site design elements oriented to 1� human proportion and activity. A building has a good human -- r 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). {, 20 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 ala stories. 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. Pedestrian-oriented open space such as a courtyard, garden, patio, or other unified Q landscaped areas. Bay windows that reflect an internal space such as a room or alcove. ,Mot Large areas of glazing separated through the use of moldings or door jambs. Trim or molding that appears substantial from the '� . " sidewalk and is separated from adjacent windows by a vertical element. Windows with small multiple panes of glass. Window patterns, building articulation and other ° treatments that help to identify individual residential units in a multi-family building. t f Visible chimneys. f d A 21 r l� r Commercial Entrances Overview: The space between the building and ^ „l the public right-of-way may be conducive to pedestrian or resident activity. In a business 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. i Guidelines: Where there is sufficient distance between the building and the public right-of-way, provide the following features: o Walking surfaces with attractive avers p nkililfirr 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 Ensure special detailing or architectural features at entrances, such as the following: o Ornamental glazing, railings or balustrades nW w o Awnings or canopies o Decorative pavement and lighting o Seating o Architectural molding o Planter boxes, containers, or trellises o Artwork signs and visible building addressr o Other methods that meet the intent of these criteria i 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. Guidelines: In residential mixed-use buildings, enhance the character of the streetscape and create a transition between the n public sidewalk and private entry by providing the following: o Recessed or courtyard entries o Small gardens o Weather protection and/or grand canopies o Stooped entries or grand stairways " o Change in glazing or window frame ; o Contrasting trim or distinctive surrounds 23 o Lighting "> o Distinctive addressing` o Accented paving o Other methods that meet the " a 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 ' d o Surrounds around entry ,a.. doors using color, texture and building material I - a �J r �ac Blank Walls Overview: In the pedestrian-oriented Midway Transit Oriented Community, every effort should be made to avoid large blank walls to increase pedestrian interest and reduce opportunities for 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 Guidelines: o Avoid large blank building walls especially near public and ` y000ro�r private sidewalks and pedestrian pathways. Avoid retaining walls that extend higher than eye level -- 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: o Vertical trellis supporting climbing vines. r Y o Planter bed containing a rich assortment of plant j! materials that vary in height, texture, and color. 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. t I p�l,t v 0 �rl � ii Parking Near Sidewalks Overview: Parking below grade or structured parking is preferred; however, some surface parking lots near sidewalks 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 lighting, avoid encroachment of vehicles onto the sidewalk, and minimize the visual clutter of parking lot signs and equipment �r t ,, �4��t� , �g!i � 25 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 areas adjacent to public rights of way by a Q low screen wall with plantings or plantings ' alone 24 to 36 inches high (and per KCC '//f 15.07 and Kent Design & Constructions Standards). :• Ensure parking structures at-grade and accessory parking garages are architecturally compatible with the 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 n7 the streetscape or adjacent property by providing the 00, following: o Commercial uses at the ground floor. 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). Personal Safety and Security Overview: New projects should consider opportunities to enhance personal safety and security for the residents, workers, shoppers and visitors who enter the area. 26 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: j o Strategically locate pedestrian and streetscape lighting. j 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. l y� Use creative ornamental grille as fencing or over „ r Y ground floor windows wherever appropriate. Design parking areas to allow natural surveillance by maintaining clear lines of sight both for those who1 park there and for occupants of nearby buildings. Encourage "eyes on the street" through placement of windows, balconies and street-level uses. , Ensure natural visibility of children's play reiio areas and other semi-public spaces. 27 3 � Sri Siana$e v ) 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 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. wr. Placement of signage shall not obscure or overlap architectural elements. Glass buildings shall incorporate a sign band into the building design to accommodate signage. High-rise buildings shall consolidate multiple signs. 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. ti 28 i Liuhting R r Overview: Lighting plays a critical role in the r/ character of a place as well as for safe movement of 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. 111 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 & la Construction Standards. Public and semi-public Street Lighting shall be non-glaring with cut off fixtures to 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 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 r or high risk areas shall be low wattage and directed 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. "fr" 'gpkn G b Odi J;��l n D GG � 'M/�fad4 I Landscaping and Open Space Over open spacesLawt withinng the and green land designated Midway Transit Community 9 soften the urban form by integrating ti fiWe 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 Guidelines: Landscaping includes living plant ° materials, special pavements, trellises, screen walls, planters, site furniture , and similar features that enhance the � , r overall project design. Utilize they following guidelines: o Select plant materials based on 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 � F landscape, while facilitating o pedestrian movement 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 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 rJ pool. is o Consider integrating artwork intoMin .publicly accessible areas to evoke a sense of place. ;o Distinctively landscape open areas ��-� a,created by building modulation o Incorporate upper story planter boxesand 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 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 ORDINANCE EXHIBIT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE NOVEMBER 14, 2011 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.01 of the Kent City Code, and Title 15 of the Kent City Code to implement the objectives of the Midway Subarea Plan. CPZ-2007-2 RECITALS A. On December 11, 2007, the City of Kent city council accepted a Competitive Growth Management Act Planning Grant awarded by the State of Washington Department of Community Trade and Economic Development (CTED) (now named Department of Commerce) to conduct a subarea planning effort along the Pacific Highway South transportation corridor in collaboration with the City of Des Moines. The impetus for the collaborative planning effort was the future extension of Sound Transit Link Light Rail service into Midway. B. The Council Members of the Kent Planning & Economic Development Committee and the Des Moines Financial & Economic Development Committee established the Joint Advisory Committee and met on February 11, 2008 and February 20, 2008 to define the study area boundaries, create a mission statement, and define goals of the project. C. On May 6, 2008, the city council authorized the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des 1 Midway Moines that articulated the project mission, defined the goals and study area boundary, and contained the Growth Management Act Planning Grant's deliverables, a budget agreement, and a record keeping and reporting process. D. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. E. The city council's vision statement and strategies support the creation of richly diverse neighborhood urban centers. F. The Midway Subarea Plan supports the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor through dense, high quality, pedestrian- friendly development near transit stations. G. Development regulations must be consistent with and implement the comprehensive plan as provided by RCW 36.70A.040(3). The development regulations implement the goals and policies of the Midway Subarea Plan. H. On October 14, 2010, the City provided to the Washington State Department of Commerce via e-mail the required sixty (60) day notification under RCW 36.70A.106 regarding the development regulations. I. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. 2 Midway A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. J. The Midway Subarea Plan and its implementing regulations involved extensive public participation, called Envision Midway, that was designed as an iterative process with each group's input folded into the next group's meeting in an effort to solicit ideas and comments on existing land use policies and future commercial and residential land use options, development standards, and infrastructure needs. The public outreach included the following: Stakeholders Committee meetings on May 21, 2008, June 18, 2008, September 24, 2008, and November 12, 2008; Developers Forum on July 30, 2008 and September 17, 2009; Public open house meetings on May 28, 2008 and March 18, 2009, and Public workshops on July 9, 2008 and October 15, 2008. Furthermore, staff presented the project and received comments at the Kent West Hill Neighborhood meeting on April 9, 2008. K. City of Kent and City of Des Moines leadership were also involved in the Envision Midway public outreach in the following manner: Kent and Des Moines Joint Advisory Committee meeting on January 12, 2009; Land Use and Planning Board meetings on November 10, 2008 and September 14, 2009; Kent City Council workshops on February 17, 2009, August 18, 2009, August 17, 2010, and September 20, 2011; and Kent City Council Economic and Community Development Committee meeting on July 12, 2010. L. The Land Use and Planning Board held a workshop on the development regulations on March 8, 2010. 3 Midway M. The Land Use and Planning Board held its first public hearing on the development regulations on April 26, 2010, and following a public hearing on December 6, 2010 made a recommendation to the city council to approve amendments to Title 12 and Title 15. N. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the council's findings on this matter. SECTION 2. — Amendment. Section 12.01.040(A) of the Kent City Code is amended as follows: Sec. 12.01.040(A). Project permit application framework. A. Process types. The following table lists the process types, the corresponding applications, and parenthetically, the corresponding final decision maker and appellate body. 4 Midway Process I Process II Process III Process IV Process Process VI V Applications: Zoning permit review(1) Administrative Conditional use Planned wit Final Zoning ofnewly (7) design review(1) pertit(5)(10) development(6) plat( nexed lands(6) (1) (10)with change (10) (10) ofus Performance standards Shoreline Sign variance(5) Special use Area-wide rezones to procedures(1)(7) mbstantial (10) comb.Ing implement new city development distrut(6)(10) policies(6)(10) permt(1)(9) Sign pemit(1)(7) Accessory dwelling Special home Rezone(6)(10) Comprehensive plan hurt pe tut(1)(7) ocropatoon amendments(6)(10) permt(5)(10) Lot one adjustment(1)(7) Administrative Variane(5)(10) Development vanance(1)(7) regulations(6)(10) Administrative Downtown design Shoreline Zoning map Interpretation(1)(7) review,all except conmtoonal use amendments(6)(10) for minor remodels petut(5)(9) (3)(7) Application conditional Downtown design Shoreline Zoning Lot certification mwltifamily revrev,onlyminor vanance(5)(9) amendments(6)(10) ode I.exemption(1)(8),all models(1)(7) other toon(1)(7)fez exemption C1)(]) Dev elopment plan rev iew Midw as desiev Prel.roary plat (planning rlg revrew(1)Is (5)(8) Need,building official, orpublic works drector) (7) Administrative Multifamily design approvaPvNF(1)(7) revrew(1)(7) Mobile home park closure Binding site plan Planned unit (11)(7) (2)(7) development(5) (10)without a change ofuse Short mbdivision (4)(7) (1)Final decision made by planning naanlgs director. (7)Appeal to hearing examine. (2)Final decision by binding site plan committee (8)Appeal to city comu L (3)Final decision made by downtown design rev iew committee (9)Appeal to shoreline hearings board. (4)Final decision made by short subdivision commutes (10)No administrative appeals (5)Final decision made by hearing examine. (11)Final decision made by manage ofhousing and (6)Final decision made by city council human services SECTION 3 - Amendment. A new section 15.02.066 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.066. Build-to line. Build-to line 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. 5 Midway SECTION 4 - Amendment. A new section 15.02.224 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.224. 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. SECTION 5 - Amendment. A new section 15.02.403 is added to Chapter 15.02 of the Kent City Code to read as follows: Sec. 15.02.403. Sign, freestanding monument. Freestanding monument sign means a sign above grade that is mounted or attached to a wide base or grade, and is composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure. SECTION 6 - Amendment. Section 15.03.010 of the Kent City Code is amended as follows: 6 Midway Sec. 15.03.010. Establishment and designation of districts. The various districts established by this title and into which the city is divided are designated as follows: A-10 Agricultural District The stated goal of the city is to preserve prime agricultural land in the Green River Valley as a nonrenewable resource. The agriculture zone shall actively encourage the concentration of agricultural uses in areas where incompatibility with urban uses will be minimal to aid in the implementation of those goals. Further, such classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy. SR-1 Residential Agricultural District The purpose of the SR-1 zone is to provide for areas allowing low density single-family residential development. SR-1 zoning shall be applied to those areas identified in the comprehensive plan for low density development, because of environmental constraints or the lack of urban services. AG Agricultural General District The purpose of the AG zone is to provide appropriate locations for agriculturally related industrial and retail uses in or near areas designated for long-term agricultural use. Such areas may contain prime farmland soils which may be currently or potentially used for agricultural production. SR-3 Single-Family Residential District 7 Midway SR-4.5 Single-Family Residential District SR-6 Single-Family Residential District SR-8 Single-Family Residential District It is the purpose of the single-family residential districts to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. It is further the purpose to provide a range of densities and minimum lot sizes in order to promote diversity and recognize a variety of residential environments. MR-D Duplex Multifamily Residential District It is the purpose of the MR-D district to provide for a limited increase in population density and allow for a greater variety of housing types by allowing duplex dwelling units and higher density single-family detached residential development. MR-T12 Multifamily Residential Townhouse District MR-T16 Multifamily Residential Townhouse District It is the purpose of the MR-T districts to provide suitable locations for low to medium density multifamily residential development where home ownership is encouraged consistent with the comprehensive plan. MR-G Low Density Multifamily Residential District It is the purpose of the MR-G district to provide locations for low to medium density multifamily residential development and higher density 8 Midway single-family residential development, as designated in the comprehensive plan. MR-M Medium Density Multifamily Residential District It is the purpose of the MR-M district to provide for locations for medium density multifamily residential development and higher density single- family residential development, as designated in the comprehensive plan. MR-H High Density Multifamily Residential District It is the purpose of the MR-H district to provide for locations for high density residential districts suitable for urban living. MHP Mobile Home Park Combining District The MHP combining district is designed to provide proper locations for mobile home parks. Mobile home parks may be located in any multi-family residential district when MHP combining district regulations and development plans are approved for that location. PUD Planned Unit Development District The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. NCC Neighborhood Convenience Commercial District 9 Midway It is the purpose of the NCC district to provide small nodal areas for retail and personal service activities convenient to residential areas and to provide ready access to everyday convenience goods for the residents of such neighborhoods. NCC districts shall be located in areas designated for neighborhood services in the comprehensive plan. CC Community Commercial District The purpose of the CC district is to provide areas for limited commercial activities that serve several residential neighborhoods. This district shall only apply to such commercial districts as designated in the city comprehensive plan. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. DC Downtown Commercial District It is the purpose of the DC district to provide a place and create environmental conditions which will encourage the location of dense and varied retail, office, residential, civic, and recreational activities which will benefit and contribute to the vitality of a central downtown location, to recognize and preserve the historic pattern of development in the area and to implement the land use goals and policies in the 1989 downtown plan, the Kent comprehensive plan, and the downtown action plan. In the DC area, permitted uses should be primarily pedestrian-oriented and able to take advantage of on-street and structured off-street parking lots. DCE Downtown Commercial Enterprise District The purpose of this district is to encourage and promote higher density development and a variety and mixture of compatible retail, commercial, 10 Midway residential, civic, recreational, and service activities in the downtown area, to enhance the pedestrian-oriented character of the downtown, and to implement the goals and policies of the 1989 downtown plan, the Kent comprehensive plan, and the downtown strategic action plan. DCE-T Downtown Commercial Enterprise District — Transitional Overlay Within the downtown commercial enterprise district, a transitional overlay addresses compatibility of higher intensity mixed use development with nearby single-family residential zones through height limits and required application of certain downtown design review elements. MTC-1 Midway Transit Community-1 District 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 11 Midway 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. CM-1 Commercial Manufacturing-1 District It is the purpose of the CM-1 district to provide locations for those types of developments which combine some characteristics of both retail establishments and industrial operations, heavy commercial uses, and wholesale uses. CM-2 Commercial Manufacturing-2 District It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing. GC General Commercial District The purpose and intent of the general commercial district is to provide for the location of commercial areas developed along certain major thoroughfares; to provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas; to provide for a range of trade, service, entertainment, and recreation land uses which occur adjacent to major traffic arterials and residential uses; and to provide areas for development which are automobile-oriented and designed for convenience, safety, and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices, and utility equipment. It is also the purpose of this district to provide opportunities 12 Midway for mixed use development within the designated mixed use overlay boundary, as designated by the comprehensive plan. O Office District It is the purpose of the O district to provide for areas appropriate for professional and administrative offices. It is intended that such districts shall buffer residential districts and the development standards are such that office uses should be compatible with residential districts. It is also the purpose of this district to provide opportunities for mixed use development within the designated mixed use overlay, as designated in the comprehensive plan. MA Industrial Agricultural District It is the purpose of the MA zone to identify lands which are transitional in nature and which have a combination of agricultural and warehouse/distribution characteristics. MA lands may be converted in the future to more intensive industrial zones at such time as adjoining properties become more intensively developed and urban services such as water, sewer, and improved street access become available. M 1, M1-C Industrial Park District The purpose of the M-1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, including modern, large- scale administrative facilities, research institutions, and specialized manufacturing organizations, all of a non-nuisance type, as designated in the comprehensive plan. This district is intended to provide areas for those 13 Midway industrial activities that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. It is also the purpose of this zone to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the M1 district, through the application of the "C suffix, at centralized, nodal locations where major arterials intersect. M2 Limited Industrial District The purpose of the M2 district is to provide areas suitable for a broad range of industrial and warehouse/distribution activities. The permitted uses are similar to those of the industrial park district; except, that non- industrial uses, particularly office and retail, are restricted, in accordance with the manufacturing/industrial center designation in the comprehensive plan. Development standards are aimed at maintaining an efficient and desirable industrial area. M3 General Industrial District The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development. Light industrial uses which require restrictive standards on the part of adjoining uses and non-industrial uses are discouraged from locating in this district, in accordance with the manufacturing/industrial center designation in the comprehensive plan. GWC Gateway Commercial District 14 Midway It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified, and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking, and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique, and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area. SU Special Use Combining District It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum development and the preservation and enhancement of its environmental quality. A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one (1) year period, and the district reverts to its original zoning designation. It is the intent of the special use 15 Midway combining regulations to provide the city with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning. SECTION 7 - Amendment. Section 15.04.020 of the Kent City Code is amended as follows: Sec. 15.04.020. Residential land uses. Zoning Disnicts tl tl y _ B t b G] b Key .. ip ip L] L] It Q It N G G tP—Aincipally Permitted Uses E E _ m _ S—Special Uses tq' B E�E G] q' q' q' „ „ B C=Conditional Uses A 3 3 a a �O- L] E Z A q q b A=Accessory Uses q [-� [-� a a e is ro �' _ _ 6 ") - q 6 6 6 a 6 6 6 g q w t t q d t t q tl a a a s ro - ro m a b ip ip tw isw H H is A A to a" 0 It y a = = T o o b n ip ry ry o lit q o o U a UZ 0 z o q q One single family dwelling per lot 2 2 2 2 2 2 2 2 2 e e e 2 2 A A A A 0) 0) 0) 0) One duplex pen lot 2 2 2 2 (27)(27)(27) Onemodularhomepehlot e e e e e e e e e p p p Duplexes 2 2 2 2 2 2 e e e (27)(27)(27)(22) P P P P P P P P P P P P P P P P C Multifamily townhouse units (27)(27)(27) (19)(19) (2) U)C — (2) (2) (15) (20)(20) (5) P P P P P P P P P_ P P P P C Multifamily dwellings UU UU Cn (4) Cn Cn (I5) (5) Multifamily dwellings Ur senior P P P P P P P P C citizens (2) (2) (2) (15) Mobile homes and manufactured 2 home Mobile home parks 2 2 2 P P P P (13)(13)(13)(13)(13)(13) Group homes class I 2 P P P P P P P 2 P P P P P P P 2 C 2 2 C C c In Group homes class I e e e p p p p p p P C e e C C C 2 Group homes class I C C C C 2 2 e e e 2 C C C C C C 2 Group homes class H A C C C C c c c C c C C C C C C C C Group homes class H B C C C C C C C C C C C C C C C C C Group homes class H C C C C C C C c C c C C C C C C C C 16 Midway (front,homes class III C C C C C C C C C C C C (?F(?F(?F(?F L2 3)L2 3)L2 3)(?F(?F(?F(?F (24) Rebuilddaccessory uses for existing P P P P P t(6)t(6)t(6)P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) P P Transitional housing (7) (7) A A A A A A A A Guest cottages and houses (s) (s) (s) (s) (s) (s) (s) (s) (21)(21)(21)(21)(21)(21)(21) (21) Rooming and boarding of not more A A A A A A A A A A than three(3)persons Farm worker accommodations A A A A Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a (is)Os)Os)Os)(is)OS)Os)(is)(is)OS)(1s permitted use Accessory dwelling units A A A A A A A A A A A A A A (10) (10)(10)(10)(10)(10)(10)(10)(10)(10) (10) (10) (10)(In) Accessory living quarters A A A A A A Al A A A A A A A A A A (14)(14)(14)(14)(�(�( (14)(14)(14)(14)(14)(14)(14)(14)(14)(14) Live work wits 2 LR Home occupations A A A A A A A A A A A A A A A A A A A A A A AA A A A A A A A (11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)(11)j 1)(Li)(Li)(11)(10 00 00 00 00 00 00 00 00 Servicebuildings A Storage buildings and storage of A A A A A A A A A A A A A recreational vehicles (16) (16)1111(16)(16)(16)(16)(16)(16)(16)(16)(16)11(16) Drive in churches,welfare facilities C C C C C C C C C C C C C C C C C C C C C C C C C C C C C (including emergency shelters), — — — (12)(12' retirement homes,convalescent homes,and other welfare facilities whether privately or publicly operated,facilities for rehabilitation or correction,etc Designated manufactured home P P P P P P P P P P P P P (25) Q5)Q5)Q5)Q5)Q5)Q5)Q5)(25)Q5)Q5)Q5)Q5) SECTIONS. — Amendment. Section 15.04.030 of the Kent City Code is amended as follows: Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential use shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 17 Midway 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office uses. 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. 8. Guesthouses not rented or otherwise conducted as a business. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of KCC 15.08.350. 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. 13. Subject to the combining district requirements of the mobile home park code, Ch. 12.05 KCC. 18 Midway 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. Multifamily residential use shall be permitted as a conditional use only when included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, 0, O-MU, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in the MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. Subject to KCC 15.08.160(A) and (B), Accessory buildings. 22. One (1) duplex per lot is permitted. 23. Secure community transition facilities are permitted only in the GWC zoning district. 19 Midway 24. Class II and class III group homes, other than secure community transition facilities, are not allowed in this zoning district. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a six hundred (600) foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of six hundred (600) feet to be "within line of sight." During the conditional use permit process for a secure community transition facility, "line of sight" may be considered to be less than six hundred (600) feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than six hundred (600) feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: 20 Midway 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. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Strategic Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, twenty-five (25) percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units;_ provided, that the following development standards shall apply for live-work units, in addition to those set forth in 15.04.190. 21 Midway 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 the 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; g. 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. SECTION 9 — Amendment. Section 15.04.040 of the Kent City Code is amended as follows: 22 Midway Sec. 15.04.040. Manufacturing land uses. Zoning Districts tl tl y _ V t - Pe--Frincipally Permitted Uses t q ir tl t t S=Special Uses ., is is' ' .; '9 q5 b q N N C=Conditional Uses G `—y H H g 3 3 9 a s q _ g q q q q b n=ncessory uses q H H a e o t H' N tr g m q q a" b .� ee ee t 8 g b tr t t q P [] q q 3 w qFF x e H His ro ro a a a A 9 v v v a = = g 9 q v s 3 3 3 F2 F2 ri �jG G is µa' µ^' µ 'µ]' µ'• 'th '(�yy N y S {y p� as 2Vgq O Manufacturing,processing blending, (23)P P P P P P(2) and packaging of food and beverage (23) (23)(23)(23)(23) (23) products c(1) Manufacturing,processing blending, P P P P P P P and packaging ofdmgs, C) pharmaceuticals,toiletries,and cosmetics Manufacturing,processing blending, P P P P P P P P and packaging ofdairy products and C (2) byproducts (0 Industrial laundry and dyeing P P P P P P(2) (including linen supply and diaper (2v) ,es) (3N Printing publishing and allied P P P C P P P P P industries (21) 0 C) (2) Chemicals and related products mfg C C C C P P C P P Contactor shops (5) (5) C (5) (3) (1) (2) Custom arts and creRs products trig P P P P P(2) C(1) Computers,office machines,and P P P equipment mfg (3) (3) (2) Manufacturing and assembly of P P P P P P P electrical equipment,appliances, (3) (3) C (2) lighting radio,TV communications, p) equipment,and components Fabricated metal products trig,custom P P P P P P P sheet metal mfg,containers,hand C (2) tools,heating equipment,screw (0 products,c;trvsioq coating and plating Manufacturing and assembly of P P P P P P P(2) electronic and electrical devices,and (3) (3) (25)(25)(25)(25) automotive,aerospace,missile, C avfiame,and similarproducts 0) A A A A A A A A A A A A A A A A m m (q (q (q (q Q m m m (q m (12)(12)(12)(14) Hazardous substance land uses C (IS) OfCrcesincidental and necessary to me A A A A A A A A P P P P P P conductofep, pally p ermitted use 23 Midway P P P P P P P Warehousing and distribution facilities (22) (16)(16) (16)(16)(16)(24) C C(1) (31) C C C P P Rail-truck hansf uses (13) (17)(17)(M)((1 11) (1) Outdoor storage(including truck P P A A A A C P heavy equipment,and contractor A C storage yards as allowed by (0 development standards,KCC 15.04.190 and 15.04.195) Miniwarehouses self storage C P P C P (19) Manufacturing of soaps,detergents, C P and other basic cleaning and cleansing C(1) preparations Manufacturing ofplastics and synthetic C P resins C(1) Manufacturing of synthetic and natural C P fiber and cloth C(1) Manufacturing ofplywood, C P composition wallboard,and similar C(1) structural wood products Manufacturing ofnonmeallic mineral C P products men as abrasives,asbestos, C(1) chalk,pumice,and putty Manufacturing ofhearresisting or C P structural it,products(brick,tile,or C(1) pip)or porcelain products Manufacturing of machinery and heavy C P machine tool equipment for general C(1) industry and mining,agricultural, construction,or service industries Manufacturing,processing assembling, P P P P P(2) and packaging ofafticles,products,or (20)(20)(20)C(1) merchandise made trom or,iously (26)(26)(26) prepared natural or synthetic materials (2a)(2a)(2a) Manufacturing,processing treating P P P P assembling,and packaging ofarticles, (20)(20)(20)(26) products,or merchandise trom (26)(26)(26)C(1) previously prepared ferrous, nonferrous,or alloyed metals Countesses which include a P P combination ofuses,including a mom re ofoftrce,storage,and light manufacturing uses Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to epamtted W W LN LN LK LK LK W W W W use Impound lots c C(1) SECTION 10 — Amendment. Section 15.04.060 of the Kent City Code is amended as follows: 24 Midway Sec. 15.04.060. Transportation, public, and utilities land uses. Zoning Districts If If If t t 2 t tKs E N G G b tr If-Frmcipally Permitted Uses t 5—Special uses A Ei Ei a o E m c tl tl C—Conditional Use y q L] _ L] L] _ a E _ Y D cZ Ifm A=Accessory uses q m q q [] 2 6 6 6 _ o 6 E m um [] b b a a s ir ir b to vl is 3 3'O —ovn —ovn —ovn q a x o V N in rp V o ir [] vl ¢ . . . . . z cue Un q v' v' o ' Conncerc 1parking lots or C C C C C structures Transportation and transit C C C C C C C C C C C C C C C C C C C C C C C C C C C C P C facilities (6) Railway and bus depots,Use C C C C C C C stands Utility and transportation C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C facilities:Electrical substations, punWing or regulating devices for the transmission of water gas, steam,petroleums,etc Public facilities:Firehouses, C C C C C C C C C C C C C C C C P C C C C C C C C C C C C C police stations,libraries,and administrative offices of govaxvnental agencies,primary and secondary schools,vocational schools,and colleges Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a — — — W permitted use Wireless telecommunications P P P P P P P P P P P P P P P P P P P facility MF)by administrative (2) (2) (2) (2) (2) (2) �M M (1) (1)(1)(2)(1)(1)(1)(1)(1)(1) approval (3) (3) (3) (3) (3) (3) a a M (3) (3)(3)(3)(3)(3)(3)(3)(3)(3) Wireless telecommunications C C C C C C C C C C C C C C C C C C C C C C C C C C C C facility MF)by conditional use (5) (5) (8) (8) (8) (8) (8) (8) (8) (8) (5) (5) (5) (8) (5) �� (4) (4)(4)(5)(4)(4)(4)(4)(4)(4) permit (3) (3) (3) (3) (3) (3) a a M (3) (3)(3)(3)(3)(3)(3)(3)(3)(3) EV charging station A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9)(9)(9)(9)(9)�� (9) (9)(9)(9)(9)(9)(9)(9)(9)(9) Rapid charging station A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A (10)(10)(10)(10)(10)(10)(10)(10)(10)(10)(10)(10)(10) — — — SECTION 11 - Amendment. Section 15.04.070 of the Kent City Code is amended as follows: 25 Midway Sec. 15.04.070. Wholesale and retail land uses. Zoning Districts It It It t b R g q q = q L] G .. G gay b m m m t t P=Prinelpally Permitted tq �° ' g q q q ro uses t B 0 3 a m "c L] L] s special uses j G] E1 E1 a c o Tt B' c A tl It c Conditional uses ro g q q q `� E " w `� `� m It A Accessory uses fFt tis vi q 2 g c g ° T V V [• H 2 a >, Z q V N a x e E o 6m a m r m 'z, q }Z. _ 5 in g H H o x o UO Bakeries and P P P P P P P confectioneries — — — (2) Wholesale bakery P P P P P P P P P Bulk retail (26) (26) (1) (1) Recycling centers C P Retail sales oflumber, P_ P P P tools,and other building materials,including preassembled products Hardware,paint,tile,and P P P P P P P P P P wallpaper(retail) (1 1) — — — (2) Farts equipment P P General merchandise:Dry P P P P_ P_ P_ P P P goods,variety,and (1 1) (2) department stores(retail) Food and convenience P P P P P P P P P 5 P 5 P stores(retail) (1 1) (12)(4) (12) (2) Automobile,aircraft, P P P motorcycle,boat,and ¢eationalvehicles sales (retail) Automotive,aircraft, P P_ P_ P P P P P P P motorcycle,and marine (13)(13)(5) (2) accessories(retail) (13) Gasoline service stations 5 1(6) (7) 5 5 5 5 5 5 5 C (6) f (6) (6) (6) (6) (6) (6) Apparel and accessories P P P P P A P (retail) _ _ _ (8) (2) Furniture,home famishing P P P P P P P (retail) _ _ _ (2) Eating and drinking P P P P P P P A P P P P establishments(no drive _ _ _ (15) (5) (2) though) Eating and drinking P 5 P P establishments Cwith drive (6) (W) (2) though) (20) (2 (20) Eating facilities for P P P A A A A employees Planned development retail C sales (14) 26 Midway Drive througlUdrive up C P P P P P P P businesses (22)(20) (20) M 24 (20)(20) (20) (aonvn cial/reail—other Han eatlng/drinking establishments) Miscellaneous retail.Drugs, P P P P P P P P P A A P antiques,books, sorting (11) _ _ _ (15) (8) (2) goods,j ewehy,florist, photo shop lies,video rental, ceunuter supplies,etc Liquor store P P P P P P P P P P P (11) — — — 1 (2) Fenn shop lies,hay,gram, P P P feed,fencing,etc(etan) Nurseries,greenhouses, P P_ P P garden supplies,tools,etc Pet shops(retail and P_ P_ P P P grooming) (2) Counuters and electronics P P P P P P P (relaik — — (2) Hotels and motels P P P P P P P P P (11) 25 Countesses which include P P combinations opuses, including a mixture of office,light manufacturing storage,and muvnacial uses Outdoor storage(including P P A A A A A P heck,heavy equipment,and (19) (19)(19) (19)(19)(19)(19)(19) contractor storage yards as allowed by development standards,KCC 15.04.190 and 15.04.195) Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A buildings customarily (9) (16)(16)(17)(17) 11 11 11 (16) (16)(16) (18) appurtenant or a pamtted use Agriculturally related retail C (21) Battey exchevge station (23) 5 A A A A A 5 5 5 A 5 5 5 A A (23)(23)(23)(23)M 23 (23) (23)(23)(23) (23)(23)(23)(23)(23) SECTION 12 — Amendment. Section 15.04.080 of the Kent City Code is amended as follows: Sec. 15.04.080. Wholesale and retail land use development conditions. 1. Bulk retail uses which provide goods for regional retail and wholesale markets; provided, that each use occupy no less than forty-three thousand five hundred sixty (43,560) square feet of gross floor area. 2. All sales, storage, and display occur within enclosed buildings. 27 Midway 3. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. 4. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. 5. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 6. Special uses must conform to the development standards listed in KCC 15.08.020. 7. Drive-through restaurants, only if located in a building having at least two (2) stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28 Midway 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning der director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 29 Midway 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment. 14. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments, and other similar retail establishments are not permitted. 15. Incidental sales and services, such as restaurants, pharmacies, and retail sales, to serve occupants and patrons of permitted uses when conducted within the same building, provided there is no exterior display or advertising. 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. Accessory uses shall not include vehicular drive-through, drive-in, and service bay facilities. 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. 30 Midway 21. Retail use must be for sale of agricultural or horticultural produces, at least twenty-five (25) percent of the gross sales value of which are grown within Washington State. Up to fifty (50) percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand-made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. Crurorrd Floor Regtir,jUSery ict! Area F. mark.iT. "N94 I f irwud iu l q l"�W Boras l fl/N'Ax v iers 4 kw u c µa u k K I 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(B) shall apply, except that number three (3) shall not apply. 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 31 Midway 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. SECTION 13 — Amendment. Section 15.04.090 of the Kent City Code is amended as follows: Sec. 15.04.090. Service land uses. Zoning Districts It It It t b Key L] It �, tG P=Principally Perm q itted d m t _ Uses G] By b q q q q HC HC It S Special Uses t b t t C Conditional Uses .. q a V H E m en H q H A Accessory User " q g q H H `� x It It q a a a a a 4 4 er 6 A j j w w q q `� B B 0 w a q q qro a a s w is is tr is r ? x f o U B B ¢ a c q y 6m a m r m 'z, g H H o �,' x o Finance,insurance,reel P P P P P P P P P P P P P P estate services (22) (1) (2) (3) 12) Personal services Laundry, P P P P P P P P P C P P P P dry cleaning,barber,salons, (22) (12) — — (10)(10)(2) (3) shoe repair launderettes (10) Mortuaries P P_ P P C P (12) (3) Home day-care P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Day-carecenter C C C C C C C P P P P P P P P P P P P P P P P P P P P P P P P Business services, P P P P P P P P P P P P duplicating and blue (12) — — — (2) (3) printing travel agencies,and en,loyment agencies Building maintenance and P_ P P P P P P rest control (2) Outdoor storage docluding P P A A A A A P hvck heavy equipment,and C contractor storage yards as (9) allowed by development standards,KCC 15.01.190 and 15.01.195) 32 Midway Rental and leasing services P_ P P P P P P for cars,trucks,trailers, (2) fumiture,and tools Anal repair and washing C P_ P P P P P C services(including body (21)(5) work) (23) Repair services:Watch,TV, P P P P_ P P P P P P electrical,electronic, (12) (2) (3) upholstery Professional services P P P P P P P P P P P P P Medical,clinics,and other (20) — — — (2) (3) heaRh care related services Heavy equipment and truck P P P C P repair (9) Contract coretructoon service P P P P P P P P P P offices:Building cl� (16)(16) (17)(17)(2) (3) construction,plumbing (17) paving and landscaping Educational services P P_ P_ P_ P P P P P P P Vocational,trade,art,music, (2) (3) dancing barber and beauty Churches 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 (4) (4)(4)(4)(4)(4)(4)(4)(4)(4)(4) (4) (4) (4) H) HR H) (4) (4) (4) (4) (4) (4) (4) 1 (4) Administrative and P P P P_ P_ P_ C P P P P P P P professiovel gener a l offices (12) (2) (3) P P P P P P P P P P P P P P P P Municipal uses and buildings (13)(13) 13 13 13 (13)(13)(13)(13)(13) (13)(13)(2) (13)(13) (13) Research,development,and P C P P P P P P P P testing _ _ _ (2) (14) Planned development retail C sales 1 1 (6) Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A buildings customarily O (18)(18)(19) (19) 19 19 19 (18)(18)(18) (15) appurtenant or a permitted use Boarding kennels and C C C C breeding ectablislunents Veterinary clinics and C P P P P P P C P veterinary hospitals (8) L8) L8) (8) (8) (8) (11) HAdministrative or executive P P P P P offices which are part of e predominant industrial operetiov Offices ivcidenfal end A A A A A ssery to the conduct ofe pr vclpelly pennifted use SECTION 14 — Amendment. Section 15.04.110 of the Kent City Code is amended as follows: 33 Midway Sec. 15.04.110. Cultural, entertainment, and recreation land uses. Zoning Districts G G G _ H t G .. L] L] L] L] A b G G -' G G Key K K K g 3 3 a a s L] 5 P Prin p lly Permitted Uses t 4i 4i .. -, S Spee lU q G] G] G] Ei Ei a a 5 0 tl E' _ ry G] C ConditionalU q m h en 5 w EE EE 5 8 A=Accessory User O E G G q C] Q 3 a b is , , � 5 r in era' .µ.' .µ.' 'Jµh'. '(�yy o e i U 0 V N y a S {y ¢ ¢ rai, rai, rai, rai, rai, 2 V L] "V' Performing and cultural arts uses,such as art P P P_ P_ P_ P P P P P galleneystudios (3) (1) Historic and monument sites P P Public assembly(indoo).Sports facilities,arenas, P P C C P P P P P P auditoriums and ea bitionhalls,bowling alleys, (2)(2)(2) (1) darmlaying facilities,slating rinks,community C club,athletic clubs,recreation centers,theaters (8) (excluding school facilities) Public assembly(outdoor) Fairgrounds and C P P amusement parks,tennis courts,athletic fields, miniature golf,go can hacks,drive-in theaters, etc Open ryeceuse Cemetaies,parlq pleygrowds, C C C C C C C C C C C C C 1(6)(6) C &(7) C C C golf courses,and other recreation facilities, 2including buildings orstructures associated therewithEmployee recreation areas AC C C C C C C C C C C C C P C C PPrivate dubs,fraternal lodges,etc M5 (5)CCRecreational vehicle parks Accessory uses and buildings customarily A A A A A A A A A A A A A_ A A A appurtenant or a permitted use (4) Recreational buildings in EEIP A SECTION 15 - Amendment. Section 15.04.120 of the Kent City Code is amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreational land use development conditions. 1. All sales, storage, and display occur within enclosed buildings. 34 Midway 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning der director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Use interpretations. 35 Midway 4. Accessory uses shall include vehicular drive-through, drive-in, or service bay facilities. 5. Business, civic, social, and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. Public assembly facilities such as amphitheaters, arena, auditoriums, and exhibition halls allowed as a conditional use. 9. Conditionally permitted uses are limited to parks and playgrounds. SECTION 16 — Amendment. Section 15.04.130 of the Kent City Code is amended as follows: 36 Midway Sec. 15.04.130. Resource land uses. Zoning Districts tl tl Z _ t t 41 41 b g b .. L] L] in '° U Q N G G P-ynrminally Permitted Uses tq u v q q q q S Special Uses tl tl tl 3 3 a — q D G] G] C Conditional Uses q [� [-i a 5 cr tl E G] A—Accessory User ro q q q a `� e " e�e e�e e e t b s g 6 a 6 6 q q A O O s q q q a � _ nq � � y y � �. �. q If is o 9 v v v a = = g 9 q v ois 5 r��i µa' µ^' µ 'µ]' µ'• ''µr'' '(�yy o Agrianiturel uses such as planting and P P P P harvesting of coops,anvnal husbandry (including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P P P ro Storage,processing and conversion of P P agricultural products(not including slaughtering or meet packing)Accessory uses and buildings customarily A A A A A A A A A A A A A A A A A A A_ A_ A_ A A A A A A A A A appurtenant to a permitted use (1) Roadside stands A A A A (3) (2) (3) (2) SECTION 17 - Amendment. Section 15.04.190 of the Kent City Code is amended as follows: 37 Midway Sec. 15.04.190. Commercial and industrial zone development standards. Zoning Districts If _ N N t q b JF2 F2 a °S° °S° - q 6 L] L] A 5 5 G G q JIf If 1p a b q q ro v g q m m I If is e e is T 0 H H o _ _ to w If o q g s 9 a aa is r) isv q b e W ro o E o q q tJ-, tJ-, x V Minvnvm lot 10,000 10,000 5,000 5,000"]500 soft"]500 soft"]500 soft 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 20,000 15,000 10,000 1 e square sit ft sit ft sit ft sit ft sit ft sit ft sit ft sit ft sit ft sit ft sit ft sit ft feet or acres, (1) (66) (66) as voted (66) Max. 40% 40% 10W,10W,80% 10 Woo 80% 50% 50% 40% 30% 50% 60% 60% 65% 75% 40% 60% site coverage percent of site Minvnum yard requirencents feet Front yard 10 ft 15 ft (2) (3) 20 ft 68 20 ft 15 ft 15 ft 20 ft 25 ft 30 ft (5) (5) (6) (7) 15 ft (5) (4) (8) (9) (2) (3) 68 68 68 (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 ft (12) Sideyard 10 10 10 (15) (16) The The The (17) (17) (17) (18) 15 ft (17) Side yard on Midw air Midw air Midw air flanking Desien Desien Desien street of Guidelines Guidelines Guidelines comer lot Shall Shall Shall Avvly Avvly Avvly Rear yard (8) 20 ft (2) (3) 68 68 68 (19) (19) (19) (19) (20) (20) (21) (21) 5 ft (20) 19 19 19 (2) 1 1 1 (22) Yards, (23) (23) (24) (25) (23) transitional conditions Additional (26) (29) (29) (29) setbacks (27) (28) Height 2 shy/ 3 shy/ 4 (32) 5 strv/ 16 sW/ 16 sW/ 2 shy/ 2 shy/ 2 shy/ 3 shy/ 2 2 shy/ 2 shy/ 2 shy/ 2 shy/ 3 shy/ 2 Ivnitation:in 35 ft 40 ft shy/ 55 ft 200 ft 200 ft 35 ft 35 ft 35 ft 40 ft shy/ 35 ft 35 ft 35 ft 35 ft 40 ft shy/ stones/notor (30) 60 ft 69 10 10 (30) (30) (30) 35 ft (35) (35) (35) (37) (38) 35 exceed in feet (31) 10 (33) ft (34) (35) Landscaping The landscaping requirements of Ch 15.09KCC shall apply (52) (52) (52) Outdoor (39) (3 1 (40) (40) (40) 1 (42) (43) (43) 1(44) (45) (59) (43) storage 1 (41) (41) (51) Signs The sign regulations of Ch 15.06 KCC shall apply. Vehicle (46) (46) (46) r r (46) (46)F-nT (46) drive (61) though, drivein,and servicebays 38 Midway Zonmg Districts G If If t If Z _ a t q t L] L] If If L] 6 q A A A q .. `s b b A q oIfb q ° o a a v q b e s ro o Loading areas (47)(48)(4])(48)(4])(49)(47) (47) 51) (48) Off-street The off--street parking regovanenls ofCh 15.05 KCC shall apply. parking (5) (57) 1 1 (57) (57) (58) (58) (58) (57) (58) (50) (36) (31) (31) 50 50 50 (50) (50) (31) (36) (50) (50) (50) (50) (50) (50) (56) (50) (50) (50) 56 56 56 (56) (56) (36) (50) (56) (53) (53) (54) (54) (53) Additional (62) (56) (56) (56) T T 71 (50) (56) (54) (54) (55) (55) (54) 4andards (63) (6]) (56) (55) (55) (56) (56) (55) (64) (56) (56) (56) (65) SECTION 18 — Amendment. Section 15.04.195 of the Kent City Code is amended as follows: Sec. 15.04.195. Commercial and industrial land use development conditions. 1. Minimum lot of record or five thousand (5,000) square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may 39 Midway be required. See the downtown design review criteria outlined in KCC 15.09.046. 4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 5. The minimum front yard 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 arterial and collector streets shall have a minimum setback of twenty (20) feet. b. Properties fronting on local access streets shall have a minimum setback of twenty (20) feet. 6. The minimum front yard 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 minimum setback of forty (40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. 7. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. 8. No side or rear yard is required, except when abutting a district other than NCC, and then the yard shall be not less than five (5) feet in width, unless the abutting district or use is residential and then the yard shall be ten (10) feet in width and fully landscaped. 40 Midway 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. 11. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. 12. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than forty (40) feet. There shall be a minimum of fifteen (15) feet on each side. 13. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than thirty (30) feet. There shall be a minimum of ten (10) feet on each side. 14. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than twenty-five (25) feet. There shall be a minimum of ten (10) feet on each side. 15. A side yard of at least five (5) feet in depth shall be provided along the side property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross- access easement is provided to serve the adjoining properties. 16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 41 Midway 17. The minimum side yard on the flanking street of a corner lot 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 arterial and collector streets shall have a minimum setback of forty (40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. 18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet minimum. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, and then a rear yard of at least twenty (20) feet in depth shall be provided. 23. Transitional conditions shall exist when an industrial park M1 or M1-C district and AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall 42 Midway not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 26. Structures for feeding, housing, and care of animals shall be set back fifty (50) feet from any property line. 43 Midway 27. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 28. Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city plan, and are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 29. Development in the M1 or M1-C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 30. The planning der director 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. 44 Midway More than one (1) additional story may be granted by the planning eengn9issien land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise - transitional overlay (DCE-T), where the height limit is thirty-five (35) feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. 34. The planning der director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning der director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 35. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The planning der director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 45 Midway 36. Design review for mixed use development is required as provided in KCC 15.09.045(E). 37. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of additional building height. The planning der director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the planning cengn9issien land use and planning board. 38. The height limitation is three (3) stories or forty (40) feet. An additional story or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet. 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. 42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 46 Midway 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds (2/3) of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 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. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 47 Midway 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of twenty (20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least ten (10) feet in height and deciduous trees shall be a minimum of two (2) inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a conditional use public hearing. The planning der director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 48 Midway 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The planning der director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 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. 58. Those areas not required to be landscaped may be used for off-street parking. 59. Outdoor storage is allowed only as an accessory use to small scale, light industrial, or manufacturing operations where the building, structure, or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand (10,000) square feet of total area. 60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the M1-C zone shall be as specified in KCC 15.06.050(E). 61. Any eating establishment with a drive-through/drive-in facility shall be located a minimum of one thousand (1,000) feet from any other restaurant with a drive-through/drive-in facility. 49 Midway 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise — transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation 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. 50 Midway 70. 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. 71. The transit oriented community design review requirements of KCC 15.09.045 shall apply. SECTION 19 — Amendment. Section 15.05.040 of the Kent City Code is amended as follows: Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND PARKING SPACE REQUIREMENT USE Living activities Single-family Two(2)parking spaces per single- family dwelling. Duplex Two(2)parking spaces per dwelling unit. Multifamily'- 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 One(1)parking space for each two 51 Midway low-income elderly 24 (2)dwelling units. Accessory dwelling One off-street parking space per unit 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 One(1)parking space for the lodging houses proprietor,plus one(1)space per sleeping room for boarders or lodging use,plus one(1)additional space for each four(4)persons employed on the premises. Mobile and Two(2)parking spaces for each manufactured home mobile home site,plus one(1) parks screened space for each ten (10) lots for recreation vehicles. Recreational vehicle One(1)parking space for each site. park Hotels One(1)parking space for each guest room, plus two(2)parking spaces for each three(3) employees. Commercial activities Banks One(1)parking space for each two hundred(200)square feet of gross floor area,except when part of a shopping center. Professional and One(1)parking space for each two business offices hundred fifty(250)square feet of gross floor area,except when part of a shopping center. Shopping centers'- 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. 52 Midway Restaurants, One(1)parking space for each one nightclubs,taverns hundred(100)square feet of gross and loungesa floor area, except when part of a shopping center. Retail stores, One(1)parking space for each two supermarkets, hundred(200)square feet of gross department stores floor area,except when located in a and personal service shopping center. shops9 Other retail One(1)parking space for each five establishments; hundred(500)square feet of gross furniture,appliance, floor area,except when located in a hardware stores, shopping center. household equipment service shops, clothing or shoe repair shops1" Drive-in business" One(1)parking space for each one hundred(100)square feet of gross floor area,except when located in a shopping center. Uncovered One(1)parking space for each five commercial area, thousand(5,000)square feet of new and used car retail sales area in addition to any lots,plant nursery parking requirements for buildings, except when located in a shopping center. Motor vehicle repair One(1)parking space for each four and services hundred(400)square feet of gross floor area,except when part of a shopping center. Industrial showroom One(1)parking space for each five and display 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. Industrial activities Manufacturing, One(1)parking space for each one research and testing thousand(1,000)square feet of laboratories, gross floor area. For parking creameries,bottling requirements for associated office establishments, areas, see"Professional and bakeries,canneries, business offices" printing and engraving shops Warehouses and One(1)parking space for each two storage buildings thousand(2,000)square feet of gross floor area. Maximum office area of two(2)percent of gross floor 53 Midway area may be included without additional parking requirements. Speculative One(1)parking space for each one warehouse and thousand(1,000)square feet of industrial buildings gross floor area if building size is with multiple use or less than one hundred thousand tenant potential (100,000)square feet, or one(1) 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. Recreation-amusement activities Auditoriums, One(1)parking space for each four theaters, places of (4)fixed seats, or one(1)parking public assembly, space for each one hundred(100) stadiums and outdoor square feet of floor area of main sports areas112 auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys' Five(5)spaces for each alley, except when located in a shopping center. Dance halls and One(1)parking space for each two skating rinks114 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 One(1)parking space for each hole. courses Recreational One(1)parking space for each two buildings,whether hundred(200)square feet of gross independent or floor area.Such spaces shall be associated with a located adjacent to the building and multifamily complex shall be designated for visitors by signing or other special markings. Educational activities Senior high schools, One(1)space for each employee public, parochial and plus one(1)space for each ten(10) private students enrolled. In addition,if buses for the transportation of children are kept at the school, one (1)off-street parking space shall be 54 Midway 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 Two and one-half(2 1/2)parking universities and spaces for each employee, plus one business and (1)space for each three(3)students vocational schools" residing on campus,plus one(1) space for each five(5)day 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 Two and one-half(2 1/2)parking junior high 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 One(1)parking space for each two museums 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 activities 55 Midway Medical and dental One(1)parking space for each two offices" hundred(200)square feet of gross floor area,except when located in a shopping center. Convalescent, One(1)parking space for each two nursing and health (2)employees, plus one(1)parking institutions space for 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. Religious activities Churches" 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 One(1)parking space for each one homes hundred(100)square feet of floor area of assembly rooms. Other uses 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. 1. Recreational vehicle parking spaces shall be in defined, fenced and screened areas with a minimum of a six (6) foot high sight- obscuring fence or landscaping as determined by the planning department, or the developer may provide areas of usable open space equal to that area that would be required for recreational vehicle parking. A vehicle less than twenty (20) feet long that is 56 Midway used as primary transportation is not subject to recreational vehicle parking regulations. If open space in lieu of recreational vehicle parking is provided, its appropriateness will be determined at the time of development plan review by the planning department. Where enclosed garages are utilized to provide parking required by this title, an eighteen (18) foot stacking space shall be provided in front of such garage units. Provided, however, the planning director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause onsite parking or circulation problems. These assurances include but are not limited to: (1) covenants that run with the land or homeowners' association that require garages to be utilized for the storage of vehicles, (2) maintenance of drive aisle widths of twenty-six (26) feet in front of each garage unit, and (3) maintenance of minimum clearances for fire lanes on the site. 2. Exceptions for senior citizen apartments in multifamily buildings in the central business district: a. Approved building plans must show one and eight-tenths (1.8) spaces per dwelling unit and also shall show which spaces are not to be initially installed. The additional spaces, plus any required landscaping, shall be installed if at any time the structure is not used for senior citizen apartments or if the facility shows a continued shortage of parking. b. The requirement of one (1) space per dwelling unit may be reduced to no less than one (1) space for every two (2) dwelling units plus employee parking as determined by the planning director. The planning director shall base his decision on the following: 57 Midway (1) Availability of private, convenient, regular transportation services to meet the needs of the tenants; (2) Accessibility to and frequency of public transportation; (3) Pedestrian access to health, medical and shopping facilities; (4) Minimum age requirement to reside in subject apartments; (5) Special support services offered by the facility. c. Special parking for recreational vehicles will not be required as long as the facility does not permit recreational vehicles other than campers or vehicles that will fit into a normal-sized parking stall. If recreational vehicles are to be permitted on the development, they must be screened and fenced. d. Compact stalls will not be permitted except for one-third (1/3) of the required employee parking. 3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of 0.75 parking space per dwelling unit, or 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 58 Midway space for every 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 every 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 every four hundred (400) square feet of gross floor area, except when part of a shopping center, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, one (1) parking space for every five hundred (500) square feet of gross floor area, or conduct a parking feasibility study to determine need. 7. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, or conduct a parking feasibility study to determine need. 8. In MTC-1 and MCR zoning districts, one (1) parking space for every two hundred (200) square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, a minimum of one (1) parking space for every 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 every four hundred (400) square feet of gross floor area, or conduct 59 Midway a parking feasibility study to determine need; in MTC-2 zoning district, one (1) parking space for every 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-1, MTC-2 and MCR zoning districts, one (1) parking space for every 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 garage. 11. In MTC-1 and MCR zoning districts, one (1) parking space for every 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 every 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 zoning districts, conduct a parking feasibility study to determine need. 60 Midway 16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one (1) parking space for every four hundred (400) square feet of gross floor area, or conduct a parking feasibility study to determine need. 17. In MTC-1, MTC-2, and MCR zoning districts, one (1) parking space for every 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 every ten (10) seats provided by the new construction. B. Mixed occupancies or mixed use if one (1) occupancy. In the case of two (2) or more uses in the same building, the total requirements for off- street parking facilities shall be the sum of the requirements for the several uses computed separately; except in shopping centers, and except as provided in the mixed use overlay KCC 15.04.200. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as permitted in subsection (C) of this section pertaining to joint use. C. Joint use. The minimum amount of off-street parking required by KCC 15.05.040(A) may be reduced by the planning director when shared parking facilities for two (2) or more uses are proposed if: 1. The total parking area exceeds five thousand (5,000) square feet; 2. The parking facilities are designed and developed as a single onsite common parking facility, or as a system of onsite and offsite facilities if all facilities are connected with improved pedestrian facilities and located within five hundred (500) feet of the buildings or use areas they are intended to serve; 61 Midway 3. The amount of reduction in off-street parking does not exceed ten (10) percent per use unless it is documented that the peak parking demand hours of two (2) or more uses are separate by at least one (1) hour; 4. The subject properties are legally encumbered by an easement or other appropriate means which provide for continuous joint use of the parking facilities. Documentation shall require review and approval by the city attorney; and 5. The total number of parking spaces in the shared parking facility is not less than the minimum required by any single use. D. Employee parking. Where employee parking will be maintained separately and in addition to parking for the general public, the regulations of this subsection shall apply: 1. Minimum parking stall sizes, aisle widths and percentage of compact car stalls shall be as per other requirements in this chapter. 2. Employee parking must be clearly identified as such and not become parking for the general public. 3. If the employee parking is changed to parking for the general public, the normal regulations for off-street parking shall be in force. 4. Employee parking shall not be in lieu of parking requirements per activity as stated in this section. E. Temporary parking facilities. Temporary parking facilities may be permitted by the planning director when it has been shown that: 62 Midway 1. The existing use of the subject property has adequate legal nonconforming parking or that existing parking conforms to the applicable standards of this title. 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporary parking facility serves a public need. 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of two hundred eighty-five (285) square feet gross area per stall. b. The pavement section shall be a minimum of four (4) inches of five-eighths (5/8) inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. c. Onsite drainage control and detention shall be provided per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval. F. Compact car parking. 1. Parking stall size shall be a minimum of eight (8) feet by seventeen (17) feet. Aisle width shall be per the requirements of KCC 15.05.080 and diagram No. 1 following this chapter. 63 Midway 2. Compact car parking spaces shall be clearly identified by signing or other marking as approved by the city engineer. 3. Compact car parking spaces shall not exceed thirty (30) percent of the total required parking, and shall be interspersed equally throughout the entire parking area. 4. See KCC 15.05.080 and diagram No. 2 following this chapter for typical compact car stall arrangements. 5. No more than four (4) compact car parking stalls shall be placed side-by-side, or eight (8) head-to-head. G. Transit and rideshare provisions. 1. The planning director may reduce the minimum number of off- street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to twenty (20) percent of the minimum standard may be approved. Any reduction in the amount of required parking is only valid for as long as the approved CTR program is in effect. An invalidated program or a change in use or operations would result in the application of the underlying standards per KCC 15.05.040(A) of the zoning code. 2. The planning director may reduce the number of required off- street parking stalls for businesses which do not have a commute trip reduction program by one (1) stall for every two (2) car pool stalls, and/or one (1) stall for every one (1) van pool staff if: 64 Midway (a) Reserved rideshare parking is located convenient to the primary employee entrance; (b) Reserved areas are clearly marked by signs for use by approved and qualified rideshare vehicles; (c) The use of reserved areas for rideshare parking is actively enforced by the employer; and (d) The total reduction in the number of parking stalls does not exceed ten (10) percent of the required stalls. SECTION 20 — Amendment. Section 15.06.050 of the Kent City Code is amended as follows: Sec. 15.06.050. Regulations for specific districts. In all districts the planning der director shall have the option to waive sign type requirements in unique and special cases where, due to building design or other special circumstance, the development is unable to conform to stated standards. A. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard, or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 65 Midway 2. Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each development, except that multiple-family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in community commercial, general commercial, and commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: 66 Midway i. The total area of all signs, graphics, or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. ii. On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 2. Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3. Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one (1) square foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and one-half (1 1/2) square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Freestanding signs. One (1) freestanding lighted double- faced identification sign, not exceeding two hundred (200) square feet for the total of all faces, with no such face exceeding one hundred (100) square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding one 67 Midway hundred (100) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics, or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. c. Fuel price signs. Fuel price signs shall be included in the aggregate sign area. 4. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for multitenant buildings. a. 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 facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection 68 Midway (C)(1)(a) or the identification sign described in subsection (C)(2) of this section. b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. 3. Identification signs for single-tenant buildings. a. Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a height of fifteen (15) feet. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics, or other types of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed. 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 69 Midway 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 located along or at the intersections of SR-99, SR-516, S 240th Street, S 246th Street, or 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 provided that it 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 (1/2) 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 70 Midway surface of the sidewalk. The following are recognized projecting signs_ i. Blade signs. Blade signs 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 signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall sians. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. Wall signs 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 per street 71 Midway frontage or one (1) projecting sign per street frontage if located along or at the intersections of SR-99 and SR-516, S 240th Street, S 246th Street, or 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. Freestandina monument sians. 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 provided that it 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 (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Wall sians. 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 72 Midway sign shall not name or advertise the individual tenants of the building. The sign may be internally illuminated provided that it 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 shall 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 twenty-four (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. 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. 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 73 Midway 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 (1/2) 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 signs. Blade signs 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 signs. Hanging signs shall be double-faced and shall be non-illuminated. 74 Midway c. Wall signs. Wall signs shall not exceed an area of five (5) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. 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 building is greater than sixty-five (65) feet 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. 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 75 Midway appearance of the sign structure. Landscaping shall be in proportion to the structure, with a minimum of one-half (1/2) 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 signs. Blade signs shall be double-faced, may be non-illuminated, internal indirect illuminated, or neon tube illuminated. The maximum sign area permitted is thirtx (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 sians. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall signs. 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 twenty-four (24) square feet, whichever is greater. 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) feet 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, 76 Midway 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 shall have the option of the sign described in this subsection (E)(2)(c) or the identification sign described in subsection (E)(2)(d) of this section. d. 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 twenty-four (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. 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 77 Midway 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 provided that it 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 (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Proiecting 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 signs. Blade signs 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 78 Midway 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 signs. Hanging signs shall be double-faced and shall be non-illuminated. c. Wall sians. Wall signs shall not exceed an area of ten (10) percent of the building first floor facade to which they are attached, or twenty-four (24) square feet, whichever is greater. Wall Signs 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 agaregate 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) 79 Midway square feet for the total of all faces. No one (1) face shall exceed forty (40) square feet. The sign may be internally illuminated provided that it 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 (1/2) square foot of landscaping for each square foot of sign area, and shall be maintained throughout the life of the sign. b. Wall sians. 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 provided that it 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 (F)(2)(b) or the identification sign described in subsection (F)(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. 80 Midway Each occupancy shall be allowed at least twenty-four (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. 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. GB. Signs permitted in office and neighborhood convenience commercial districts. 1. Generally. One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One (1) identification sign shall be permitted for each principal building. The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of the building. 3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. HE. Signs permitted in industrial districts. 81 Midway 1. Aggregate sign area. The aggregate sign area for lots in the MA, M1, and AG districts shall not exceed one-half (1/2) square foot for each foot of street frontage. The aggregate sign area for lots in the M2 district shall not exceed three-fourths (3/4) square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half (1/2) square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. If the sign is a wall sign, its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated. b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be ten (10) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection (E)(1)(a) H 1 a of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. 82 Midway IF. Signs permitted in planned unit developments, special use combining districts, and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts, and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by the planning der director. IG. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of thirty (30) square feet shall be permitted for any occupancy. No combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten (10) square foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway. K#. Signs permitted in GWC zoning district. 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths (3/4) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign per street frontage, if not located in a shopping center, and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign 83 Midway area permitted is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. The sign may be illuminated. Freestanding signs shall not rotate. ii. Wall signs. One (1) wall sign per street frontage shall be permitted. The total area of all signage, graphics, or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. b. Identification signs for shopping centers. One (1) freestanding or one (1) wall shopping center identification sign shall be permitted for each street frontage of the shopping center. The maximum sign area permitted for a freestanding sign is one hundred (100) square feet. No one (1) face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height. The sign may be illuminated. Freestanding signs shall not rotate. One (1) wall sign shall be permitted per occupancy, except that anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two (2) wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which the signs are attached. SECTION 21 — Amendment. Section 15.07.060 of the Kent City Code is amended as follows: Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for specific zoning districts are as follows: A. Residential agricultural, SR-1. None. 84 Midway B. Single-family residential, SR-3 through SR-8. None. C. Duplex multifamily residential, MR-D. None. D. Low density multifamily residential, MR-G. Multifamily residential townhouse, MR-T. Medium density multifamily residential, MR-M. High density multifamily residential, MR-H. 1. A minimum of ten (10) feet of landscaping shall be provided abutting a public right-of-way. 2. Open green area shall occupy no less than twenty-five (25) percent of the area of the lot. 3. The side and rear perimeters of properties shall be landscaped to a minimum depth of ten (10) feet. 4. A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare, and other environmental intrusions. E. Mobile home park combining district, MHP. Requirements shall be per the mobile home park code. 85 Midway F. Community commercial, CC. Commercial manufacturing, CM. General commercial, GC. Professional and office district, 0. 1. The perimeter of property abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A planting strip not less than five (5) feet in depth shall be provided along all property lines abutting public rights-of-way. G. Downtown commercial, DC. 1. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. 2. Street trees in accordance with the official tree plan shall be planted. H. Downtown commercial enterprise, DCE. 1. The perimeter of properties abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15.09.046. 86 Midway 3. Street trees in accordance with the official tree plan shall be planted. I. Midway transit community-1 district, 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 a 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. ii. When such setback is utilized as a public open space plaza and not accompanying parking, no perimeter landscaping strip shall be required. iii. When such setback is utilized as a public open space plaza and exceeds thirty (30) linear feet, street trees 87 Midway shall be provided as set forth in 2009 Design & Construction Standards, or as the same may be 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 a 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 88 Midway 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 a 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. 1-1. Industrial agricultural, MA (industrial uses) and Agricultural general district, AG. Industrial park district, M1. 1. Front yard. The front twenty (20) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection (I)(1) of this section. M3. Limited industrial district, M2. 1. Front yard. The front fifteen (15) feet shall be improved with appropriate permanently maintained landscaping. 89 Midway 2. Side yard. At least ten (10) feet of the side yard shall be landscaped as provided in subsection (3)(1) of this section. NIE. General industrial district, M3. 1. Front yard. The front ten (10) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. At least five (5) feet of the side yard shall be landscaped as provided in subsection (K)(1) of this section. OL. Gateway commercial district, GWC. 1. Additional landscaping requirements. Landscaping requirements shall include the following: a. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least thirty-six (36) inches in height, shall be provided. b. A landscape strip at least five (5) feet in depth shall be provided along the side property lines of all independent development sites. No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. Where the side property line of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided. 90 Midway c. A landscape strip of at least fifteen (15) feet in depth shall be provided along side property lines flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an earth berm at least twenty-four (24) inches in height shall be provided. d. A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where the rear property line of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided. PM. Neighborhood convenience commercial, NCC. 1. Additional landscaping requirements. Landscaping requirements shall include the following: a. A landscape strip of at least ten (10) feet in depth shall be provided in the front yard. If a drive or parking aisle abuts the front yard, the required landscaping shall be augmented by an earth berm of at least thirty-six (36) inches in height. b. A landscape strip of at least five (5) feet in depth shall be provided along the side property lines of all independent development sites. No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. Where the side property line of a commercial use abuts a residential district or use, a landscape strip of at least ten (10) feet in depth shall be provided. 91 Midway c. A landscape strip of at least ten (10) feet in depth shall be provided along side property lines flanking the street of a corner lot. Where vehicular drive aisles or parking areas abut the required side yard, an earth berm of at least twenty-four (24) inches in height shall be provided. d. A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where the rear property line of a commercial use abuts a residential district or use, a landscape strip of at least ten (10) feet in depth shall be provided. SECTION 22 — Amendment. Section 15.09.045 of the Kent City Code is amended as follows: Sec. 15.09.045. Administrative design review. A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning services division review and application of certain criteria. These criteria have been formulated to improve the design, siting, and construction of development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the 92 Midway comprehensive plan, this title, and community development goals of the city. The adoption of design criteria is an element of the city's regulation of land use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the planning services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the planning n9anageF director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review. B. Application and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Ch. 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning services division. Upon receipt of an application for design review, the planning der director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to making a final decision, the planning der director shall review any comments submitted for consideration. In the administration of this process, the planning der director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review process. C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions vested after March 22, 2007, or 93 Midway altered to comply with code amendments effective after March 22, 2007, shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a two hundred (200) foot maximum length and shall be separated from other groups of attached units by a minimum fifteen (15) feet. 3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two (2) elements of facade modulation and/or roofline variation; b. The maximum horizontal facade length without one (1) element of either facade modulation or roofline variation shall be twenty (20) feet; and c. Three (3) architectural detail elements. 4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations approved with the subdivision and short subdivision. 94 Midway D. Multifamily design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the multifamily design review process: 1. Site design. a. The site plan for the development should be integrated with the surrounding neighborhood. b. The site plan should take into consideration significant environmental considerations and the lay of the land. c. The site plan should provide an open space network which will accommodate a wide variety of activities, both semipublic and private. d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site. e. The site plan should provide safe and convenient pedestrian circulation. 2. Landscape design. a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape. b. The landscape plan should incorporate existing natural features of significance. 95 Midway c. The landscape plan should enhance the planned open space network. d. The landscape plan should enhance the parking and utility areas on the site. e. The landscape plan should enhance building forms and orientation. f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and should provide for maintenance of these plants. 3. Building design. a. The buildings in the development should, where appropriate, maintain neighborhood scale and density. b. The buildings in the development should be oriented to provide for privacy of residents. c. The exterior design of all buildings in the development should provide for individual unit identity. E. Multifamily transition areas. Through the administrative design review process, specific multifamily transition area requirements may be waived or modified where the applicant demonstrates an alternative site plan which fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site layout, building placement and orientation, parking and maneuvering arrangements, landscaping, and other screening and buffering provisions. 96 Midway 1. Required findings. In order to modify or waive any multifamily transition area requirement, the planning der director must find that all of the following criteria have been met: a. The proposal will accomplish the same or better protection of an abutting single-family district from impacts of noise, traffic, light, and other environmental intrusions caused by the multifamily development. b. The proposal will accomplish the same or better transition between the multifamily development and abutting streets, including adequate buffering of the multifamily development from the street, and vice versa. c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site layout, size, scale, mass, and provisions for screening and buffering. The planning der director shall issue a report of his findings, conclusions, and determination for each proposal under this section. F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the mixed use design review process when a project includes residential use: 1. The following criteria should apply to all mixed use with a residential component development: a. Some common recreation space roofs, terraces, indoor rooms, courtyards. 97 Midway b. Lighting features that are shielded, directing light downwards. c. The residential portion of the building should incorporate residential details, such as window trim, trellises, balconies, and bay windows. d. The residential component should have an obvious, generous entrance, within features suggesting a "front door' for example, a lobby, trellis, gate, archway, or courtyard. 2. The following criteria shall apply to mixed use development: a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk. b. Although the commercial and residential components may have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development. c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor. 3. The following criteria shall apply to mixed use buildings with a residential component: 98 Midway a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. b. Articulated by use of different materials, generous windows with low sill heights, "store" doors, canopies, and planters. c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs. d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades. G. 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 cit�'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 build-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 99 Midway through a main location, such as an atrium, courtyard or other main entryway, said access shall be at the build-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 be responsible for maintenance; iii. If held in common ownership by all owners of the development by means of a home-owners' association, said association shall be responsible for maintenance. 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 according. 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. HG. Appeals. The decision of the planning der director to condition or reject any application under the administrative design review process is final unless an appeal is made by the applicant or any party of record to the hearing examiner within fourteen (14) calendar days of either the 100 Midway issuance of the director's conditional approval under this section of any application, or the director's written decision rejecting any application under this section. The appeal shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC. The decision of the hearing examiner shall be final unless an appeal is made to the superior court within twenty- one (21) calendar days after the hearing examiner's notice of decision. SECTION 23 - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 24 — 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 25 — 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 101 Midway APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 20_. APPROVED: day of , 20_. PUBLISHED: day of , 20_. 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 PVCi ilAOr innceU idwey De RegsRffiAL.&o 102 Midway ATTACHMENT D ORDINANCE with MIDWAY LAND USE PLAN MAP EXHIBITS ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE November 14, 2011 ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, amending Comprehensive Plan land use plan map designations to implement the objectives of the Midway Subarea Plan. CPA 2007-4 RECITALS A. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. B. The city council's vision statement and strategies support the creation of richly diverse neighborhood urban centers. C. The Midway Subarea Plan supports the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor through a dense, pedestrian-friendly, sustainable community. The goals and policies of the subarea plan encourage the provision of jobs, housing, services and public open space 1 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 around nodes of high capacity mass transit while maintaining auto- oriented uses between the transit-oriented nodes. D. The Midway Subarea Plan established policy MLU-1.1 to designate where high density retail, office, and residential development will be focused. E. The City of Kent has established procedures in Chapter 12.02.010 of the Kent City Code for amending the Comprehensive Plan with initial adoption of a subarea plan, allowing amendments, in accordance with the Washington Growth Management Act, no more than once each year unless certain circumstances exist. (RCW 36.70A.130[2][a][i]) F. On October 14, 2010, the City provided via e-mail to the Washington State Department of Commerce the required sixty (60) day notification under RCW 36.70A.106 regarding the City's proposed Comprehensive Plan amendment for the Midway Subarea Plan. G. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. 2 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 H. The Midway Subarea Plan involved extensive public participation, called Envision Midway. The public outreach included the following: Stakeholders Committee meetings on May 21, 2008, June 18, 2008, September 24, 2008 and November 12, 2008; Developers Forum on July 30, 2008 and September 17, 2009; Public open house meetings on May 28, 2008 and March 18, 2009; and Public workshops on July 9, 2008 and October 15, 2008. Furthermore, staff presented the project and received comments at the Kent West Hill Neighborhood meeting on April 9, 2008. I. City of Kent and City of Des Moines leadership were also involved in the Envision Midway public outreach in the following manner: Kent and Des Moines Joint Advisory Committee meeting on January 12, 2009; Land Use and Planning Board meetings on November 10, 2008 and September 14, 2009; Kent city council workshops on February 17, 2009, August 18, 2009, August 17, 2010 and September 20, 2011; and Kent city council Economic and Community Development Committee meeting on July 12, 2010. J. The Land Use and Planning Board held a workshop regarding the Midway Subarea amendment to the Comprehensive Plan land use plan map Option #1 on March 8, 2010, and held a public hearing for Option #1 on April 26, 2010. After providing appropriate public notice, the Land Use and Planning Board held a final public hearing on Midway Subarea amendment to the Comprehensive Plan land use plan map for Option #1 and Option #2 on December 6, 2010, and recommended to the city council approval of Option #2. K. The Economic and Community Development Committee 3 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. L. The Midway Subarea Plan land use plan map Option #2 amends the Comprehensive Plan land use plan map designation to Transit Oriented Community (TOC) as shown in Exhibit A-1 and Exhibit A-2, and the King County tax parcel numbers for the affected real property listed in Exhibit A-3 incorporated herein. M. The Exhibit A-1 map depicts affected King County tax parcels located in two clusters within the Midway Subarea, with the first cluster located on the north side of Kent-Des Moines Road and east of Interstate- 5, and the second cluster being west of Interstate-5, between Kent-Des Moines Road and S. 240th Street. The Comprehensive Plan amendment adopted by the city council amends the land use plan map to Transit Oriented Community (TOC). N. The Exhibit A-2 map depicts affected King County tax parcels located within the Midway Subarea east of Pacific Highway South, between S. 268th Street south to S. 272"d Street. The Comprehensive Plan amendment adopted by the city council amends the land use plan map to Transit Oriented Community (TOC). 0. The Exhibit A-3 lists King County tax parcel numbers for the affected real property within the Midway Subarea and the corresponding amendment to the land use plan map designation. The Comprehensive Plan amendment adopted by the city council amends the land use plan map to Transit Oriented Community (TOC). 4 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the city council's findings on this matter. SECTION 2, — Amendment. The Kent Comprehensive Plan is hereby amended to include the land use plan map designations for the parcels of real property identified in the Midway Subarea, as set forth in Exhibit "A-1" through "A-3" attached and incorporated by this reference. SECTION 3, — Severability. If any one or more sections, sub- sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4, — 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. 5 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 SECTION 5, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of November, 2011. APPROVED: day of November, 2011. PUBLISHED: day of November, 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\Midway-Map_landUse.FINAL.docx 6 Comprehensive Plan Amendments Midway Subarea - Land Use Plan Map Designations CPA 2007-4 Insert JS _ 522,sT 222 ST " \f � =21en J� o LO S 224 ST PG _- 4 .,, n p p LLI N ............ Cf) N�f , Lu 22]ST F- Z 3 229 ST s ne PITY '`,., a ................ S "� Illlllliluuu XT 149B N Q VVVV `�..........� EXIT 0 149B d w a 9 9 •.. S O h 23e sr e q � � •`, m _ m s 241 ST A S 242 ST �P S 243 PL 0 tt E > S243 ST & K � 1< ..... S.. 4 ST y S 24s cT Land Use Plan Map "^—X' KEN,T Affected Parcels Midway Subarea Plan - CPA-2007-4 LEGEND Affected Parcels we Transit Oriented Community (TOC) No Ss aie 64 Insert S 265 PL S 266 S248ST U) L5 0 S L268ST co J f\ .....................—......................... S 272nd ST �5 a 1� .... ,3 Land Use Plan Map Affected Parcels Midway Subarea Plan - CPA-2007-4 LEGEND N Affected Parcels we --&27CY ST Transit Oriented Community (TOC) No Scale Tax Parcel List Midway Subarea - CPA-2007-4 Transit Oriented Community (TOC) Parcel Number New Land Use Parcel Number New Land Use 0002000001 TOC& US 2500600410 TOC 0002000005 TOC 2500600411 TOC 0002000010 TOC& US 2500600415 TOC 0002000012 TOC 2500600416 TOC 0002000022 TOC 2500600417 TOC 0002000023 TOC 2500600418 TOC 1522049002 TOC 2500600419 TOC 1522049007 TOC 2500600420 TOC 1522049008 TOC 2500600425 TOC 1522049012 TOC 2500600430 TOC 1522049018 TOC 2500600435 TOC 1522049027 TOC 2500600436 TOC 1522049027 TOC 2500600440 TOC 1522049042 TOC 2500600441 TOC 1522049045 TOC 2500600445 TOC 1522049059 TOC 2500600446 TOC 1522049065 TOC 2500600447 TOC 1522049066 TOC 2500600450 TOC 1522049103 TOC 2500600455 TOC 1522049109 TOC 2500600460 TOC 1522049110 TOC 2500600465 TOC 1522049129 TOC 2500600480 TOC 1522049135 TOC 2500600481 TOC 1522049160 TOC 2500600485 TOC 1522049170 TOC& US 2500600486 TOC 1522049171 TOC 2500600490 TOC 1622049060 TOC 2500600491 TOC 1622049061 TOC 2500600495 TOC 1622049077 TOC 2500600497 TOC 1622049121 TOC 2500600505 TOC 2122049022 TOC 2500600506 TOC 2122049028 TOC 2500600515 TOC 2122049046 TOC 2500600520 TOC 2122049068 TOC 2500600525 TOC 2122049069 TOC 2500600530 TOC 2122049076 TOC 2500600531 TOC 2122049084 TOC 2500600535 TOC 2122049106 TOC 2500600540 TOC 2122049111 TOC 2500600541 TOC 2122049192 TOC 2500600543 TOC 2222049113 TOC 2500600555 TOC 2500600395 TOC 2500600556 TOC 2500600396 TOC 2500600565 TOC 2500600400 TOC 2500600585 TOC 2500600405 TOC 2500600590 TOC 2500600600 TOC 7682800248 TOC 10/25/20P1\ECD GIS Data\Ggould-wessen\Projects\Midway\Ordinance\Zoning_Parcels.xls Page 1 Parcel Number New Land Use Parcel Number New Land Use 2500600601 TOC 7682800252 TOC 2500600610 TOC 7682800253 TOC 2500600640 TOC 7682800256 TOC 2500600670 TOC 7790000005 TOC 2500600675 TOC 9443000000 TOC 2500600677 TOC 2500600680 TOC 2822049046 TOC 2822049056 TOC 2822049064 TOC 2822049154 TOC 3603000005 TOC 3603600330 TOC 3603600440 TOC 3603600445 TOC 3603600450 TOC 3603600530 TOC 3603600540 TOC 3603600565 TOC 5514000010 TOC 5514000020 TOC 5514000030 TOC 5514000040 TOC 5514000050 TOC 5514000060 TOC 7260200005 TOC 7260200010 TOC 7260200060 TOC 7260200095 TOC 7260200110 TOC 7260200111 TOC 7260200112 TOC 7260200115 TOC 7260200115 TOC 7682800077 TOC 7682800095 TOC 7682800096 TOC 7682800100 TOC 7682800105 TOC 7682800106 TOC 7682800245 TOC 7682800246 TOC 7682800247 TOC 10/25/20P1\ECD GIS Data\Ggould-wessen\Projects\Midway\Ordinance\Zoning_Parcels.xls Page 2 ATTACHMENT E ORDINANCE with ZONING DISTRICTS MAP EXHIBITS ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE November 14, 2011 ORDINANCE NO. AN ORDINANCE of the city council of the City of Kent, Washington, amending the zoning districts map designations to implement the objectives of the Midway Subarea Plan. (CPZ- 2007-2) RECITALS A. On December 11, 2007, the City of Kent city council accepted a Competitive Growth Management Act Planning Grant awarded by the State of Washington Department of Community Trade and Economic Development (CTED) (now named Department of Commerce) to conduct a subarea planning effort along the Pacific Highway South transportation corridor in collaboration with the City of Des Moines. The impetus for the collaborative planning effort was the future extension of Sound Transit Link Light Rail service into Midway. B. On May 6, 2008, the city council authorized the Mayor to sign an Interlocal Agreement between the City of Kent and the City of Des Moines that articulated the project mission, defined the goals, and study area boundary, and contained the Growth Management Act Planning 1 Midway Subarea Zoning Map Designations CPZ 2007-2 Grant's deliverables, a budget agreement, and a record keeping and reporting process. C. The Kent Comprehensive Plan goals and policies support a land use pattern that will facilitate a multimodal transportation system and provide efficient public services. D. The city council's vision statement and strategies support the creation of richly diverse neighborhood urban centers. E. The Midway Subarea Plan supports the future extension of Sound Transit Link Light Rail service in the vicinity of the Pacific Highway South transportation corridor through a dense, pedestrian-friendly, sustainable community. The goals and policies of the subarea plan encourage the provision of jobs, housing, services and public open space around nodes of high capacity mass transit while maintaining auto- oriented uses between the transit-oriented nodes. F. The Midway Subarea Plan established land use goal MLU-1 to increase employment opportunities and housing choices in support of rapid light rail within areas with a land use plan designation Transit Oriented Community. G. The Midway Subarea Plan established land use goal MLU-2 to promote a mix of land uses that support local and regional needs in an auto-oriented commercial and light industrial area not with a land use plan designation Transit Oriented Community. H. Development regulations must be consistent with and 2 Midway Subarea Zoning Map Designations CPZ 2007-2 implement the comprehensive plan as provided by RCW 36.70A.040(3). The amendments to the Zoning Districts Map implement the Midway Subarea Plan Land Use Plan Map designations. I. On October 14, 2010, the City provided via e-mail to the State of Washington Department of Commerce the required sixty (60) day notification under RCW 36.70A.106 regarding the City's proposed Midway Subarea rezones. J. On February 13, 2010, the City's State Environmental Policy Act (SEPA) responsible official issued a Determination of Significance (DS)/Scoping Notice for the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement, solicited public comment through a February 22, 2010 open house meeting, and invited comments during the scoping period which closed March 8, 2010. A Draft Environmental Impact Statement (DEIS) was issued on October 22, 2010. A public hearing regarding the DEIS was held on December 6, 2010. A Final Environmental Impact Statement was issued on September 1, 2011. K. The Land Use and Planning Board held a workshop regarding Midway Subarea Option #1 area-wide rezones on March 8, 2010, and held a public hearing on Option #1 area-wide rezones on April 26, 2010. After providing appropriate public notice, the Land Use and Planning Board held a final public hearing on Midway Subarea Option #1, Option #2, and Option #3 rezones on December 6, 2010, and recommended approval of Option #3. 3 Midway Subarea Zoning Map Designations CPZ 2007-2 L. No Mobile Home Park zoning districts map designation within the Midway Subarea is affected by the area-wide rezones. M. The Economic and Community Development Committee considered the Land Use and Planning Board's recommendation and other related study area issues at a meeting on November 14, 2011. N. The Midway Subarea zoning districts map Option #3 amends the zoning districts map designations as shown in Exhibits A-1, A-2, A-4, A-6, A-7, A-9, and A-11, and the King County tax parcel numbers for the affected real property listed in Exhibits A-3, A-5, A-8, A-10, and A-12 incorporated herein. 0. The Exhibit A-1 map depicts affected King County tax parcels located within the Midway Subarea, 200 feet east of Pacific Highway South and all King County tax parcels located west of Pacific Highway South, between State Route-516 and S. 240th Street. The Exhibit A-2 map depicts affected King County tax parcels located within the Midway Subarea east of Pacific Highway South, between S. 268th Street and S. 272nd Street. The Exhibit A-3 lists King County tax parcel numbers for the affected real property and the corresponding zoning districts map amendments. The rezones adopted by the city council amend the zoning districts map to Midway Transit Community-1 (MTC-1). P. The Exhibit A-4 map depicts affected King County tax parcels located within the Midway Subarea west of Interstate-5 and east of Pacific Highway South starting from 200 feet east of Pacific Highway South, between State Route-516 and S. 240th Street. The Exhibit A-5 lists King 4 Midway Subarea Zoning Map Designations CPZ 2007-2 County tax parcel numbers for the affected real property and the corresponding zoning districts map amendments. The rezones adopted by the city council amend the zoning districts map to Midway Transit Community-2 (MTC-2). Q. The Exhibit A-6 map depicts affected King County tax parcels located within the Midway Subarea east of Interstate-5 and north of State Route-516. The Exhibit A-7 map depicts affected King County tax parcels located west of Interstate-5 and east of Pacific Highway South starting from 200 feet east of Pacific Highway South, between S. 240th Street and S. 246th Street. The Exhibit A-8 lists King County tax parcel numbers for the affected real property and the corresponding zoning districts map amendments. The rezones adopted by the city council amend the zoning districts map to Midway Commercial/Residential (MCR). R. The Exhibit A-9 map depicts affected King County tax parcels located within the Midway Subarea west and east of Pacific Highway South, generally between S. 246th Street and S. 268th Street. The Exhibit A-10 lists King County tax parcel numbers for the affected real property and the corresponding zoning districts map amendments. The rezones adopted by the city council amend the zoning districts map to Commercial Manufacturing 2 (CM-2). S. The Exhibit A-11 map depicts affected King County tax parcels located within the Midway Subarea south of State Route-516, between Interstate-5 and Military Road. The Exhibit A-12 lists King County tax parcel numbers for the affected real property and the corresponding zoning districts map amendments. The rezones adopted by the city council amend the zoning districts map to Community Commercial (CC). 5 Midway Subarea Zoning Map Designations CPZ 2007-2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Incorporation of Recitals. The preceding recitals are incorporated herein by this reference and constitute the city council's findings on this matter. SECTION 2, — Amendment. Chapter 15.03.020 of the Kent City Code is amended to include the official zoning districts map designations and boundaries for the parcels of real property identified as the Midway Subarea, which are attached as Exhibit "A-1" through "A-12", and are hereby adopted, and incorporated into the Kent City Code. SECTION 3, — Severabilitv. If any one or more sections, sub- sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4, — 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. 6 Midway Subarea Zoning Map Designations CPZ 2007-2 SECTION 5, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of November, 2011. APPROVED: day of November, 2011. PUBLISHED: day of November, 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\o[dioaoce\Midway-Map Zooiog.FINAL.doce 7 Midway Subarea Zoning Map Designations CPZ 2007-2 Inser 121 r tt ................. S 2. EXIT S,T... 149B li U) U) -j lj C\l CO ........... EXIT Cf) 49B ............ ...... @ 01 .................. CO Ob�V S 240t ST 2 41 ST ............. ........... 00 S 24� C\l 2...............2ST .... ...... 1) U) o S 243 ST > U) < -j ST CO .... ................... ...... ................ S2 4 ST C/) Zoning Districts Map Affected Parcels Midway Development Regulations - CPZ-2007-2 LEGEND .................... Affected Parcels Midway Transit Community 1 (MTC-1) No Scale Inser S2. s� 268 sn _ pp ............ S 272th ST Zoning Districts Map tK Affected Parcels Midway Development Regulations - CPZ-2007-2 LEGEND Affected Parcels we Midway Transit Community 1 (MTC-1) No Seale Tax Parcel List Midway Development Regulations - CPZ-2007-2 Midway Transit Community-1 (MTC-1) Parcel Number New Zoning Parcel Number New Zoning 1622049060 MTC-1 2822049046 MTC-1 1622049061 MTC-1 2822049056 MTC-1 1622049077 MTC-1 2822049064 MTC-1 1622049121 MTC-1 2822049154 MTC-1 2122049022 MTC-1 3603000005 MTC-1 2122049028 MTC-1 & MCR 3603600530 MTC-1 2122049046 MTC-1 & MCR 3603600540 MTC-1 2122049084 MTC-1 3603600565 MTC-1 2500600680 MTC-1 5514000010 MTC-1 & MCR 2122049192 MTC-1 5514000020 MTC-1 & MCR 2500600450 MTC-1 5514000030 MTC-1 & MCR 2500600455 MTC-1 & MTC-2 5514000040 MTC-1 & MCR 2500600460 MTC-1 & MTC-2 5514000050 MTC-1 2500600465 MTC-1 & MTC-2 7682800077 MTC-1 2500600480 MTC-1 & MTC-2 7682800095 MTC-1 2500600485 MTC-1 7682800096 MTC-1 2500600486 MTC-1 & MTC-2 7682800100 MTC-1 2500600491 MTC-1 & MTC-2 7682800105 MTC-1 2500600497 MTC-1 7682800106 MTC-1 2500600505 MTC-1 7682800245 MTC-1 2500600506 MTC-1 & MTC-2 7682800246 MTC-1 2500600515 MTC-1 & MTC-2 7682800247 MTC-1 2500600520 MTC-1 & MTC-2 7682800248 MTC-1 2500600525 MTC-1 7682800252 MTC-1 2500600530 MTC-1 7682800253 MTC-1 2500600531 MTC-1 & MTC-2 7682800256 MTC-1 2500600535 MTC-1 & MTC-2 9443000000 MTC-1 & MTC-2 2500600540 MTC-1 & MTC-2 2500600486 MTC-1 & MTC-2 2500600541 MTC-1 & MTC-2 2500600506 MTC-1 & MTC-2 2500600543 MTC-1 2500600531 MTC-1 & MTC-2 2500600555 MTC-1 & MTC-2 2500600556 MTC-1 2500600565 MTC-1 2500600585 MTC-1 2500600590 MTC-1 2500600600 MTC-1 2500600601 MTC-1 2500600610 MTC-1 2500600640 MTC-1 2500600670 MTC-1 2500600675 MTC-1 2500600677 MTC-1 10/25/20P1\ECD GIS Data\Ggould-wessen\Projects\Midway\Ordinance\Zoning_Parcels.xls Page 1 Insert S2— n, s � r , y r ........... i CO >- U U Q 5� ......................... 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Sscale Tax Parcel List Midway Development Regulations - CPZ-2007-2 Midway Commercial/Residential (MCR) Parcel Number New Zoning 0002000001 MCR &SR-1 0002000005 MCR 0002000010 MCR &SR-1 0002000012 MCR 0002000022 MCR 1522049002 MCR 1522049007 MCR 1522049008 MCR 1522049012 MCR 1522049027 MCR 1522049027 MCR 1522049042 MCR 1522049045 MCR 1522049059 MCR 1522049065 MCR 1522049066 MCR 1522049103 MCR 1522049109 MCR 1522049110 MCR 1522049129 MCR 1522049135 MCR 1522049170 MCR &SR-1 2122049028 MCR& MTC-1 2122049046 MCR& MTC-1 2122049068 MCR 2122049069 MCR 2122049076 MCR 7790000005 MCR 2122049111 MCR 2222049113 MCR 5514000010 MCR& MTC-1 5514000020 MCR& MTC-1 5514000030 MCR& MTC-1 5514000040 MCR& MTC-1 5514000060 MCR 7260200060 MCR 7260200095 MCR 7260200110 MCR 7260200111 MCR 7260200112 MCR 7260200115 MCR 7260200115 MCR 10/25/20P1\ECD GIS Data\Ggould-wessen\Projects\Midway\Ordinance\Zoning_Parcels.xls Page 1 rn o Insert NsysII�l ............. S 2 ST.... 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EXIT 1-1 149B ............ ......... S 236 CO CO CO ................... ts CD U LO is 9 S 40 (D 2 ST. .................................... Cn ............... L- (D S 241 ST ................. S242rn �QNI Zoning Districts Map Affected Parcels Midway Development Regulations - CPZ-2007-2 LEGEND Affected Parcels we Community Commercial (CC) N. scale Tax Parcel List Midway Development Regulations - CPZ-2007-2 Community Commercial (CC) Parcel Number New Zoning 1522049010 CC 1522049046 CC 10/25/20P1\ECD GIS Data\Ggould-wessen\Projects\Midway\Ordinance\Zoning_Parcels.xls Page 1 �-/ KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES NOVEMBER 14, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, with Deborah Ranniger (Absent). Perry called the meeting to order at 5:40 p.m. 1. Approval of Minutes Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to approve the October 10, 2011 Minutes. Motion PASSED 2-0 with Ranniger's concurrence. 2. Kent Downtown Partnership (KDP) Report January 2010-June 2011 KDP Executive Director Barbara Smith stated that the KDP's focus is on the historical district within the downtown core bounded by Washington, Central, James and Willis. Smith stated that KDP helps to recruit new businesses and provide existing businesses with educational tools to help them succeed. She stated that KDP is part of the Main Street Program, an organization developed to assist downtowns dying as a result of losing anchor stores. She stated that people can participate in the Main Street Program through the Business & Occupation Tax Incentive Program (BOTIP). KDP is redesigning their logo, developing an emergency disaster program and updating their website. Smith stated that in 2010 Kent had 331 buildings. 47 new businesses started and 16 businesses were lost. In 2010 public investment totaled $1,450,000 and private investment totaled $6,901,000. Informational Only 3. Resolution 1757 Revising the Name of the South Kent Community Neiahborhood Council to Kent SODO Neiahborhood Council. Neighborhoods Program Coordinator Toni Azzola introduced the new Neighborhood Council President Lauren Stephan. Stephan stated that she headed up an effort to revitalize her neighborhood which included having litter cleared from the streets and alleyways, and contacting the City's Parking Enforcement to discourage residents from using the street to park their cars. The revitalization effort included changing the community's name to Kent SODO which better reflects its location south of downtown. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend Council adopt a resolution amending Resolution No. 1757, renaming the "South Kent Community Neighborhood Council" to "Kent SODO Neighborhood Council". Motion PASSED 2-0. 4. Medical Mariivana Collective Gardens Zoning Regulations rZCA-2011-21 Follow-up from the October 10, 2011 Public Hearing. Planning Director Fred Satterstrom submitted an amended motion to the Committee that adds the language; "directs the City Attorney to prepare the necessary ordinance". Satterstrom asked the Committee to consider options for a collective garden definition, zoning district alternatives, and separation requirement options. Councilmembers Perry and Albertson voiced support for Option A, adopting the RCW's collective garden' definition. Albertson asked that the ordinance include language that states the City would follow whatever the current State RCW is. City Attorney Tom Brubaker stated that the City may not have the legal authority to include language stipulating if state law changes that the City's definitions follow whatever the state says. Brubaker said he would look into the legal affects. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend adoption of the medical cannabis collective garden definition Option A, recommend adoption of zoning districts as amended Option C adding zoning districts ECDC Minutes Nov ember 14,2011 Page 1 of GC and GCMU and excluding NCC, DC and DCE districts, and recommend adoption of separation requirements Option B to the City Council and direct the City Attorney to prepare the necessary ordinance. Motion Passed 2-0. Satterstrom stated that this ordinance would be presented to the committee at their December 121h meeting, then brought forward to City Council at their December 131h meeting. Brubaker indicated that the 6 month moratorium ordinance expires January 51h. If the medical cannabis ordinance passes on December 131h, it goes into effect January 131h leaving an 8 day gap. Brubaker stated in response to Albertson that Council could vote to lift the moratorium at any time and indicated that he would discuss the appropriateness of holding a hearing to extend the moratorium until the effective date of the medical cannabis ordinance considered at a hearing before the ECDC at their December 121h meeting. S. Midway Subarea Plan, Zoning Regulations, and Design Guidelines Long Range Planner Gloria Gould-Wessen stated that the Land Use and Planning Board (LUPB) recommends adoption of the Midway Subarea Plan, Design Guidelines, development regulations and the zoning and land use maps. The Planned Action Ordinance is not part of this package and will be discussed later. Adoption of these products will take the vision of Midway forward, provide certainty for property owners and developers, and strengthen the City's position as Sound Transit conducts an environmental analysis for link light rail and station location in the vicinity of Highline Community College (HCC). Gould-Wessen stated that the Midway Subarea Plan (the Plan) and all implementing regulations support light rail. Support for high capacity transit is there by adding density and expanding types of allowed uses within the area designated transit-oriented community. Office, commercial and residential uses are allowed to stand alone and can be mixed within the same structure which provides flexibility for developers to respond to market needs. Gould-Wessen stated that building height maximums are 55 to 200 feet. Regulations and design guidelines of the built environment are written to ensure an engaging, attractive, safe and convenient urban community with short walkable blocks or pedestrian passageways for connectivity between uses. The Plan promotes construction of a regional storm detention system that doubles as a park to encourage development and provide public amenities. Outside the Transit-Oriented Community Designation (TOC), the allowable regional commercial uses expand to include light industrial business parks and live/work units. Gould-Wessen stated that a variety of questions and concerns were raised at the October 20, 2010 Council workshop centering around the status of light rail into Midway, the impacts rezoning would have on property taxes, and the timing for moving forward on the Plan and development regulations. Gould-Wessen introduced Rachel Smith, Sound Transit's Government and Community Relations staff person who reported on Sound Transit's background and the impacts that the recession has had on Sound Transit and the progression of link light rail into the Midway south corridor area citing a 32 percent revenue shortfall in the South King County subarea. Smith introduced Eric Chipps, Planning Manager and Cathal Ridge, the High Capacity Transit South Corridor Project Manager who reported on the scope and timelines for the extension project from South 2001h Street Station in Sea Tac down to Kent Des Moines. Smith stated that light rail will extend from the airport station to South 2001h Street in SeaTac by 2016 and will provide for 2000 jobs in South King County. Sound Transit has applied for a grant to receive 24 million dollars to bring into the South King County subarea because of this project. Sound Transit will build light rail to the Kent Des Moines HCC area by 2023 but will be unable to deliver light rail to the South 272"' area by 2023. Gould-Wessen submitted a letter for the record, defined as Exhibit 1, from the King County Assessor's office issued in response to concerns over property tax increases as a result of rezoning. Gould-Wessen submitted a letter for the record, defined as Exhibit 2, from Highline School District asking that Kent collect school impact fees to mitigate accommodating future growth in Midway. Councilmember Albertson accepted Exhibits 1 and 2 for the record. ECDC Minutes Nov ember 14,2011 Page 2 of Satterstrom stated that public comment alleged that adoption of the Plan would drive property values and subsequently property taxes due to the increase in value. Satterstrom stated that comments made in the letter from the Assessor's Office refutes that opinion. Satterstrom concluded that the increase in land value and taxes is going to be whether or not there is development under the new zoning that will drive the increase in land values not necessarily the mere act of zoning itself. Gould-Wessen spoke about the importance of having the Plan, Design Guidelines and Development Regulations in place so that Kent is ready to affect the station location and rail alignment, apply for grants to move forward with infrastructure development, and be able to compete within the current aggressive economic climate. Gould-Wessen recognized stakeholders who worked on this project thanking them for their involvement. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend to the full Council adoption of ordinances regarding the Midway Subarea Plan and Comprehensive Plan amendment; the Midway Design Guidelines and Zoning Code Amendment; amendments to Kent City Code; the Land Use Plan Map and Comprehensive Plan Amendments; and amendments to the Zoning Districts Map as recommended by the Land Use and Planning Board. Motion PASSED 2-0. 6. Economic Development Report Economic Development Director Ben Wolters reported on the meeting held with 35 key businesses and community leaders in an effort to help identify key strategies for incorporation into Kent's Economic Development Strategic Plan. Wolters reported that wholesale distribution businesses; Lenox Industries has located in Kent into a 5600 sq ft space, and Cameo Logistics has relocated from Renton to 9100 sq ft in Kent expanding into a 240,000 sq ft. space. With the economy recovering, vacancy rates are decreasing, building the values of those properties and getting the investment community moving again which in the long term could create revenue from the City's real estate excise tax to funnel into the City's capital funds. Wolters stated that the City is working with Stan Tech a large engineering consulting firm out of Canada with local offices in Kirkland to apply for two $200,000 EPA ground field community assessment grants that would help Kent identify contaminant sites within the city targeting areas in West Hill, Downtown, the Industrial Valley and East Hill of. Kent has good opportunity to secure the grants. Staff will report back to the Committee on the status. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 7:00 p.m. Pamela Mottram, Secretary Economic & Community Development Committee ECDC Minutes Nov ember 14,2011 Page 3 of KENT Agenda Item: Other Business — 8C TO: City Council DATE: December 13, 2011 SUBJECT: Medical Cannabis Moratorium Extension Ordinance MOTION: Move to adopt Ordinance No. , establishing a six-month extension on the emergency six-month moratorium within the city of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries. SUMMARY: On July 5, 2011, the City Council passed Ordinance No. 3999, establishing an emergency six-month moratorium within the city of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries, as defined by RCW69.51A. RCW Section 69.51A.140 delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. The six-month moratorium will expire on January 5, 2012; however, the council requires more time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, to monitor ongoing litigation and state and local governmental responses, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. The attached ordinance is to extend the moratorium an additional six months, pursuant to RCW 35A.63.220, and RCW 36.70A.390. A public hearing on the moratorium extension was held at the Economic and Community Development Committee meeting, December 12, 2011. 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, declaring an emergency and renewing for an additional six-month period a moratorium within the city of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries, asserted to be authorized or actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the state of Washington, establishing a date for a public hearing on the moratorium, and providing that the moratorium will take effect immediately upon passage. RECITALS and PRELIMINARY FINDINGS A. The possession or distribution of marijuana has been and continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ("CSA"). B. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state, not federal, law if the person charged could demonstrate that he or she 1 Emergency Six-Month Moratorium Renewal- Medical Marijuana was a qualifying patient or designated provider as those terms are defined in Ch. 69.51A RCW. In 2007, the state legislature amended the law, and again in 2011, the state legislature passed a third amendment to the law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. C. The U.S. Department of Justice continues to view all activity involving the use of marijuana, whether for medical purposes or not, as potentially in violation of the CSA, given that marijuana continues to be a Schedule I controlled substance under federal law. Washington's two top U.S. Attorneys, Mike Ormsby and Jenny Durkin, have both carried out raids and other enforcement actions in the past six months against operations that purport to conduct their activities under the guise of state and local permission. D. Because the Governor vetoed 36 of the 58 sections of the legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. E. Further, as these legislative amendments developed, Kent saw the establishment of medical marijuana "dispensaries" within city limits. These dispensaries offer marijuana and marijuana products to numerous persons, asserting that they are operating as designated providers within the meaning of Chapter 69.51A RCW as it currently exists. These businesses are variously referred to as dispensaries, cooperatives, patient cooperatives, or patient networks, both for profit and not for profit. 2 Emergency Six-Month Moratorium Renewal- Medical Marijuana These businesses are illegal under both state and federal law, and the city has provided notice to these businesses that they are to cease illegal activity. F. Persons or entities operating these purported medical marijuana dispensaries interpreted the current law to allow storefront operation of distribution centers for medical marijuana. Many of these dispensaries obtained business licenses to operate their businesses using false, misleading, or vague statements. The city continues to receive requests and inquiries from persons interested in operating additional dispensaries in Kent. G. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. H. RCW Section 69.51A.140 delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens. I. As other jurisdictions begin to grapple with the imposition of permanent land use controls related to medical marijuana uses, legal pushback from both the federal government and from medical marijuana proponents averse to local regulation have highlighted the potential conflict 3 Emergency Six-Month Moratorium Renewal- Medical Marijuana between local regulatory schemes and the federal CSA, particularly where local regulations amount to "positive conflict' with provisions of the CSA. This is an area of the law that is still evolving. J. The city council passed Ordinance No. 3999, on July 5, 2011, establishing a six-month moratorium within the City of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries, which ordinance was published on July 8, 2011. The city council requires more time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, to monitor ongoing litigation and state and local governmental responses, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. The city must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the city council finds that the existing zoning, licensing, and permitting moratorium should be renewed for another six-month period, pending local review of appropriate locations and design requirements of these operations, and monitoring of ongoing impacts of the newly amended law and its interaction with federal law. 4 Emergency Six-Month Moratorium Renewal- Medical Marijuana K. Although the city council determines that renewing the moratorium is necessary for the reasons established above, the city council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the city council can adequately address the competing interests at play. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Preliminary Findings. The recitals and findings set forth above are hereby adopted as the city council's preliminary findings in support of the moratorium imposed by this ordinance. The city council may, in its discretion, adopt additional findings at the conclusion of the public hearing referenced in Section 5 below. SECTION 2, — Moratorium Renewed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the existing moratorium is hereby renewed for one six-month period, prohibiting within the city of Kent the establishment, location, operation, licensing, maintenance, or continuation of any medical marijuana collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state of Washington. No building permit, occupancy permit, or other development permit or approval shall be issued for any of the purposes or activities listed above, 5 Emergency Six-Month Moratorium Renewal- Medical Marijuana and no business license shall be granted or accepted while this moratorium is in effect. Any land use permits, business licenses or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void, and without legal force or effect. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group, or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. A person 6 Emergency Six-Month Moratorium Renewal- Medical Marijuana who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW or a person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. SECTION 3, — No Nonconforminq Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Kent City Code and that use shall not be entitled to claim legal nonconforming status. SECTION 4, — Effective Period for Moratorium Renewal. The moratorium renewal set forth in this ordinance shall be in effect for a period of six months from the date the moratorium established by Ordinance No. 3999 was initially set to expire, and shall automatically expire at the conclusion of that subsequent six-month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the city council. SECTION S. — Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the city council held a public hearing, at the city council economic and community development committee's regular meeting, at 5:30 p.m. in Council Chambers, Kent City Hall, on Monday, December 12, 2011, or as soon thereafter as the business of the city council permitted, in order to take public testimony and to consider adopting further findings. SECTION 6, — Referral to Staff. The planning director is hereby authorized and directed to develop appropriate land use regulations 7 Emergency Six-Month Moratorium Renewal- Medical Marijuana pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. The finance director is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. SECTION 7, — 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 S. — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 9, — Effective Date. The city council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance shall become effective immediately upon passage. The city clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR 8 Emergency Six-Month Moratorium Renewal- Medical Marijuana ATTEST: BRENDA JACOBER, CITY CLERK 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 P:\Civil\Ordinance\Extended Moratorium Medical Marijuana DispensariesOrdinance 12-12-11.docx 9 Emergency Six-Month Moratorium Renewal- Medical Marijuana w," Agenda Item: Other Business - 8D TO: City Council DATE: December 13, 2011 SUBJECT: Medical Cannabis Zoning Ordinance MOTION: Move to recommend/not recommend/amend adoption of Ordinance No. for the proposed medical cannabis collective garden. SUMMARY: On November 14, 2011, the Economic and Community Development Committee voted on proposed medical cannabis definition and zoning options relating to medical cannabis collective gardens for recommendation to the City Council. The attached ordinance reflects the recommendation of the ECDC committee following the November 14, 2011, hearing and December 12, 2011, meeting. EXHIBITS: Staff Memo and Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 December 8, 2011 TO: Chair Jamie Perry and Economic & Community Development Committee Members FROM: Katie Graves, Planner RE: Medical Cannabis Collective Gardens [ZCA-2011-2] For the meeting of December 12, 2011 MOTION: Move to recommend/not recommend/amend adoption of the proposed medical cannabis collective garden ordinance to the City Council. SUMMARY: On November 14, 2011, the Economic and Community Development Committee voted on proposed medical cannabis definition and zoning options for recommendation to the City Council. Since that meeting, staff has developed an ordinance that reflects the regulations voted on by the committee. BUDGET IMPACT: None BACKGROUND: During the 2011 legislative session, E2SSB 5073 was passed, legalizing medical cannabis collective gardens, but clearly stating that medical cannabis dispensaries are illegal. A medical cannabis "collective garden" is an area or garden where qualifying patients engage in the production, processing, transporting, and delivery of cannabis for medical use as defined in state law (RCW 69.51A). Collective gardens can be run by up to 10 qualified patients with a maximum of 15 cannabis plants per patient, up to a total of 45 plants, and a maximum of 24 ounces of useable cannabis per patient, up to a total of 72 ounces. This legislation became effective on July 22, 2011. The new law delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes on collective gardens. Possession, use, growth, and distribution of cannabis, whether or not it is for medical use, are still illegal under Federal law. On July 5, 2011, Kent City Council passed an emergency 6-month moratorium on medical cannabis to allow time to determine an appropriate regulatory framework for collective gardens. A public hearing on the moratorium was held by Council on July 19, 2011 and staff was directed to research regulatory options. Staff presented preliminary findings for MEMORANDUM: Economic & Community Development Committee December 12, 2011 Page 2 information only at the September 12, 2011 ECDC workshop and was directed by ECDC members to provide zoning options for the location of medical cannabis collective gardens. A public hearing was held on October 10, 2011 to discuss proposed collective garden definitions, options for allowed zones (including an option to not allow collective gardens at all), and options for separation requirements from other uses. At the November 14, 2011 ECDC meeting, the committee voted to recommend adoption of the following: medical cannabis definition that references RCW 69.51A; allow collective gardens in designated commercial and industrial zones, including CM-1, CM-2, M1, M1-C, M2, and M3, and GC, and GC-MU; require collective gardens to be at least 750' from a public or private school; and limiting collective gardens to only one garden per tax parcel. The SEPA Responsible Official has determined that the proposed amendments are not categorically exempt from SEPA review under WAC 197-11-800(19) and 11.03.200 Kent City Code; therefore, a SEPA analysis was conducted. The amendments were determined to have no environmental impact, and a Determination of Nonsignificance was issued on September 26, 2011. Attached is the ordinance that reflects the proposed zoning code amendments. Staff will be present at the December 12, 2011 ECDC meeting to answer any questions. Based on a recent court decision in the State of California, the Law Department will be at the meeting to present and discuss an alternative approach to the ordinance. KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2011\ZCA-2011-2 Medical_Cannabis\12-12-11 ECDC\StaffMemo.doc End Draft Ordinance cc: Ben Wolters, Economic and Community Development Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager Tom Brubaker, City Attorney Pat Fitzpatrick, Deputy City Attorney David Galazin,Assistant City Attorney Project File ZCA-2011-2 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15 of the Kent City Code, to allow for the zoning of medical cannabis collective gardens. RECITALS A. Recent amendments to Chapter 69.51A RCW, relating to the medical use of cannabis, have expanded the scope of certain activities, involving the use of cannabis for medical purposes, that are exempt from criminal prosecution under state law. B. Section 69.51A.085 RCW allows "qualifying patients" to create and participate in "collective gardens" for the purpose of producing, processing, transporting, and delivering cannabis for medical use, subject to certain conditions. C. Section 69.51A.140 RCW delegates the authority, to cities and towns, to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes, as those requirements and taxes relate to the 1 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 production, processing, or dispensing of medical cannabis within their jurisdictions. D. The city council understands that approved medical uses of cannabis may provide relief to patients suffering from debilitating or terminal conditions, but potential secondary impacts from the establishment of facilities for the growth, production, and processing of medical cannabis are not appropriate for all zoning designations within the city, nor should such facilities be in close proximity to schools. E. The city council further understands that while the medical benefits of cannabis have been recognized by the state legislature, cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), and possession and use of cannabis is still a violation of federal law. The city council wishes to exercise the authority granted pursuant to state law in order to establish certain zoning designations within the city in which collective gardens may be established without violating city zoning ordinances, but the city council expressly disclaims any intent to exercise permitting authority over collective gardens in a manner that would directly conflict with the CSA. F. The City's State Environmental Policy Act (SEPA) official issued a Determination of Nonsignificance on September 26, 2011. G. On September 23, 2011, notice was sent to the Washington State Department of Commerce requesting expedited 2 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 review. On, October 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. H. The Economic and Community Development Committee considered this matter at its September 12, 2011 workshop, and held a public hearing on October 10, 2011. The matter was also considered at the Economic and Community Development Committee meetings on November 14, 2011, and December 12, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code is amended to add a new Section 15.02.074 to read as follows: Sec. 15.02.074. Collective gardens. Collective garden means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, and subject to the following conditions: A. No more than ten qualifying patients may participate in a single collective garden at any time; 3 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 B. A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; C. A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy-two ounces of useable cannabis; D. A copy of each qualifying patient's valid documentation, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; and E. No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden. SECTION 2, - Amendment. Section 15.04.090 of the Kent City Code is amended as follows: 4 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 Sec. 15.04.090. Service land uses. Zoning Districts IC Fri 0 0 o Key F `m Ft o P-Principally H E IC tn Permitted c o 0 0 - io CD O 0 O O o Uses o - ;. m S-Special o = o o E IC a - n Uses - - - - - - - - E o o w - - - p Conditional - - y y y y y a - c > > m - ' Uses S i to to to E m E E c c H U o re re E A-Accessory o ` G ;. E ;. ;. ;. ;. a o E o o E o a _ oo Uses E E o o R U U st st E r, a j m o o a o o U V rD ri a a E E a - - m m a Co - E E o o .. i co o r z U U o o3 o R U E A m a �., o c? x rl w U U rr rr rr rr x U U U U o O a 3 A m m m m m z U 0 0 U 0 0 0 Finance, P P P P P P P P P P P insurance,real (22) (1) (2) (3) estate services (12) Personal P P P P P P C P P P P services: (22) (12) (10) (10) (2) (3) Laundry,dry (10) cleaning, barber salons, shoe repair launderettes Mortuanes P P P C P (12) (3) Home day P P P P P P P P P P P P P P P P P P P P P P P P P P P P care Day-care C C C C C C C P P P P P P P P P P P P P P P P P P P P P center Business P P P P P P P P P services, (12) (2) (3) duplicating and blue printing,travel agencies,and employment agencies Building P P P P P P maintenance (2) and pest control Outdoor P P A A A A A P storage C (including (9) truck,heavy equipment, and contractor storage yards as allowed by development standards, KCC 15 04 190 and 15 04 195) Rental and P P P P P P leasing (2) services for 5 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 Zoning Districts o E f rD E - Key F - `m - = o P-Principally '� o 5 - - 5 E Permitted o E E - rr O D D D fn fn Uses c o - E a E m o a R S=Special If To = o o , , , E w e H 5 2 _ Uses - o - - - - - - - E o o w - o C= E a E a a a s e rr � --�° D E o E = E Conditional - y y y y y �. - ` c c m - E f o = Uses c E E - E E D E E E P H Er o - E A=Accessory E ` ¢ E E E E E D E Uses - �' o w E o E E En- E - E o _ _ o E o a o E o r _ o a T T to a E _ a a E - E E _ _ If - A - y m m o a o Coa Co E - E E m o m T i & E m �, E r z o o E u U °�' a E ` 0d o w cE - _ o cE o rr rr rr rr rr rr x o 0 0 0 o O a 3 A m m m m m z o 0 0 0 0 0 0 cars,trucks, trailers, furniture,and tools Auto repair C P P P P P C and vashIHe (21) (5) services (23) (including body work) Repair P P P P P P P P P services: (12) (2) (3) Watch,TV, electrical, electronic upholstery Professional P P P P P P P P P P services: (20) (2) (3) Medical, clinics,and otherhealth care-related services Baca e e e e e e e cannabis (24) (24) (24) (24) (24) (24) (24) collective a9 dens Heavy P P P C P equipment and (9) truck repair Contract P P P P P P P P P cc nstmction (16) (16) (17) (17) (2) (3) service offices. (17) Building construction, plumbing, paving,and landscaping Educational P P P P P P P P services: (2) (3) Vocational, trade,art, music, dancing, barber and beauty Churches S S S S S S S S S S S I S S S S S S S S S S S (4) (4) (4) (4) (4) (4) (4)(4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Administrative P P P C P P P P P P P and (12) (2) (3) professional 6 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 Zoning Districts o E f rD E - Key F - `m - = o P-Principally '� o 5 - - 5 E Permitted 0 0 E E - 0 U 0 0 0 fn Uses c o - E a E m o a R S=Special If To = o o , , , E e H 5 2 _ Uses - o - - - - - - - E o o w - o C= E a E a a a s e rr � --�° D E 0 E = E Conditional - y y y y y �. - ` c c m - E f o = Uses c E E - E E 0 E E E P H Er o - E A=Accessory E ` ¢ E E E E E 0 E Uses - cv E 0 E 0 E E En- E - E o _ _ o E o a o E o r _ o a T T U a E _ a a E - E E _ r5 If - - A y m ca m m a o m a m - E E m off I E ff m .. i E m �, E r z o o E u U °�' a E ` 0d 0 o 0 o 0 0 0 0 0 0 x o 0 0 0 0 0 a 3 i m m m m m z o 0 0 0 0 0 0 offices— general Municipal uses P P P P P P P P P P P P P and buildings (13) (13) (13) (13) (13) (13) (13) (13) (13) (2) (13) (13) (13) Research, P P P P P P P development, (2) (14) and testing Planned C development (6) retail sales Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (7) (18) (18) (19) (19) (18) (18) (18) (15) buildings customarily appurtenant to a permitted use Boarding C C C kennels and breeding establishments Veterinary C P P P P C P clinics and (8) (8) (8) (8) (11) veterinary hospitals Administrative P P P P P or executive offices which are part of a predominant industrial operation Offices A A A A A incidental and necessaryto the conduct of a principally permitted use Section 3, - Amendment. Section 15.04.100 of the Kent City Code is amended as follows: 7 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 Sec. 15.04.100. Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. All sales, storage, and display occur within enclosed buildings. 4. Special uses must conform to the development standards listed in KCC 15.08.020. 5. Excluding auto body repair. 6. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments, and other similar retail establishments are not permitted. 8 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. S. 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. 9. Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services. 11. Veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street 9 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 10 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. Accessory uses shall include vehicular drive-through, drive-in, or service bay uses. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, and washing services are permitted only under the following conditions: 11 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 a. The property is also used for heavy equipment repair and/or truck repair; and b. The property abuts or is split-zoned with real property in the gateway commercial district. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning district. 22. Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. Ground O'toor Retail/Service Area R. SLLn"7I,STD D G „„ pr i a an =:r� s Flour Inc IuiVSo wc1 .. Rcqu.in-.d 23. Auto repair, including body work, and auto washing services shall be allowed in the general industrial (M3) zoning district as follows: a. For adaptive reuse of existing site structures, all of the following conditions must apply: 12 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the finished floor is generally level with the floor of freight containers; and iii. All ground-level bay doors of existing structures have a height of less than fourteen (14) feet, which would generally impede full access to freight containers; and iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than twenty (20) feet; and v. Maximum building area per parcel is not greater than forty thousand (40,000) square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Based on parcels existing at the time of the effective date of the ordinance codified in this section, the maximum parcel size is no greater than forty thousand (40,000) square feet. 13 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 24. Medical cannabis collective gardens are subject to the provisions of KCC 15.08.290. SECTION 4. - Amendment. Chapter 15.08 of the Kent City Code is amended by adding a new Section 15.08.290 to read as follows: Sec. 15.08.290. Medical cannabis collective gardens. A. Collective gardens, as defined in KCC 15.02.074, are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones: 1. Within seven hundred fifty (750) feet of any public or private school. B. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the building or tenant space in which the collective garden is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the collective garden is to be separated. C. Collective gardens are limited to no more than one per tax parcel. 14 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 D. Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of KCC Chapter 1.04. E. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or statute of the state. SECTION S. — SeverabilitY. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 7, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR 15 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 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\Med Cannabis Zoning-Mnal.l.docx 16 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 KENT Agenda Item: Other Business — 8E TO: City Council DATE: December 13, 2011 SUBJECT: 2011 Tax Levy Ordinances for 2012 Budget MOTION: Move to adopt Ordinance Nos. _ _ and _ _ increasing the property tax levy and levying the property tax for collection in 2012. SUMMARY: State law requires two separate ordinances to authorize the city's property tax. State law provides that the limit factor used by a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent of the previous maximum allowed tax levy, or 100 percent, plus inflation. Historically, the city has imposed the 101 limit factor each year since it became law. Due to a drop in inflation, the limit factor used to collect property taxes in 2012 could decrease. With already decreasing revenues from sales tax, permit fees, and the lack of development and new construc- tion, reduced property tax revenues would impact the city's decreasing budget revenues resulting in further reductions to city services. Therefore, staff recommends that council include a finding that a substantial need exists pursuant to RCW 84.55.0101 to maintain a limit factor of 101 percent. In order to authorize the limit factor, council must adopt the ordinance by a majority vote, plus one. The first ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy. The second ordinance levies the tax for collection in 2012. The levy is $19,892,138 for the General Fund. This amount reflects a substantial reduction due to the formation of the Regional Fire Authority. It also includes an increase due to the Panther Lake annexation. EXHIBITS: Property Tax Levied (1%) 2012 Budget Ordinance and Tax Levy Adjustment Authorized (1%) — 2012 Budget - Ordinance RECOMMENDED BY: City Council BUDGET IMPACTS: Revenue ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2011 property taxes for the 2012 budget for the City of Kent. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held public hearings on September 20, 2011 and November 15, 2011, to consider the City of Kent's proposed operating and capital budget for the 2012 calendar year, to address the City's property tax levy to be imposed in 2011 for collection in 2012, and to review revenues and limit factors, as well as the proposed 2012 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. C. By separate ordinance, the City Council has found that a substantial need exists to justify the use of a limit factor of 101 percent, which establishes a one (1) percent increase in property tax revenue to be levied in 2011 and collected in year 2012. 1 Property Tax Levied(1%) 2012 Budget D. Pursuant to RCW 84.52.010 and WAC 458-12-365, taxes shall be levied in specific dollar amounts. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2, - Property Tax Levied. There is hereby levied against the assessed value of the property in the City of Kent, Washington, a tax for the City's 2012 budget in the following amount for the following fund: For the General Fund, for the purpose of paying the general expenses of municipal government: Levy per $1,000 of assessed valuation Fund (estimated) Dollar Amount General Fund $1.5739 $19,892,138 SECTION 3, - Limitation on Levy. The application of the General Fund levy shall be consistent with and shall not result in a tax revenue in excess of the limitation imposed by RCWs 84.55.010 and 84.55.0101. SECTION 4, - Adiustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. 2 Property Tax Levied(1%) 2012 Budget SECTION S. - SeverabilitY. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 7, - Effective Date. This ordinance shall take effect and be in force January 1, 2012, which is more than five (5) days from and after its passage and publication. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 Property Tax Levied(1%) 2012 Budget APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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\Ordinance Tax Levied-20 12.docx 4 Property Tax Levied(1%) 2012 Budget ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, making a finding of substantial need and setting the property tax levy in 2011 for collection in 2012 at the previous year's tax levy rate with a statutorily allowed one (1) percent increase over last year's tax levy rate pursuant to Chapter 84.55 RCW. RECITALS A. Pursuant to RCW 84.55.120 and after providing all appropriate notice, the City Council held public hearings on September 20, 2011 and November 15, 2011, to consider the City of Kent's proposed operating and capital budget for the 2012 calendar year, to address the City's property tax levy to be imposed in 2011 for collection in 2012, and to review revenues and limit factors, as well as the proposed 2012 budget. B. In accordance with RCW 84.55.120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy, requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage. 1 Tax Levy Adjustment Authorized (1%) - 2012 Budget C. RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years, plus additional amounts resulting from new construction and improvements to property, newly constructed wind turbines, and any increase in the value of state-assessed utility property. Under RCW 84.55.005(2)(c), the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation. D. Pursuant to RCW 84.55.0101, upon a finding of substantial need, the City Council may provide for the use of a limit factor of 101 percent or less. The ordinance setting forth the finding of substantial need and setting the limit factor of 101 percent or less must be passed by a majority of the council members, plus one. E. The City Council finds that in order to protect the public health, safety, and welfare, to protect the City's future property tax levy capacity, to adequately serve the citizens of Kent by maintaining an appropriate level of service throughout the City, to appropriately discharge the City's expected expenses and obligations, and to best serve the citizens of Kent through a continued commitment to capital improvements throughout the City, a substantial need exists to increase its tax levy over last year. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. 2 Tax Levy Adjustment Authorized (1%) - 2012 Budget SECTION 2, — Finding of Substantial Need. The Kent City Council finds that a substantial need exists under RCW 84.55.0101, and therefore authorizes the use of a limit factor of 101 percent for the property tax levied in 2011 for collection in 2012. SECTION 3, - Property Tax Levy Authorized. In addition to the increase resulting from new construction and improvements to property from annexations, from any increase in the value of state-assessed property, and from the refund fund levy, the property tax levied in 2011 for collection in 2012 is authorized at the previous year's property tax levy, plus a one (1) percent increase, representing an increase of $193,869. SECTION 4, - SeverabilitY. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 6, - Effective Date. This ordinance shall take effect and be in force January 1, 2012, which is more than five (5) days after its passage and publication. 3 Tax Levy Adjustment Authorized (1%) - 2012 Budget SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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\Ordinance TaxLevyIncrease Established-2012.docx 4 Tax Levy Adjustment Authorized (1%) - 2012 Budget KENT Agenda Item: Other Business — 8F TO: City Council DATE: December 13, 2011 SUBJECT: 2012 Operating Budget Ordinance and Fee Resolution and Ordinances MOTION: Move to adopt Ordinance Nos. and , and to adopt Resolution No. • Adopting the 2012 budget; • Establishing and amending regulatory fees; • Updating and establishing fee schedules; • Reducing the scheduled rate increase for storm water utility rates from 15% to 5%; and • Raising the internal amount of water, sewer and storm drainage utility tax to contribute to the cost of providing street lighting and fire suppression, and to free up available additional funding for information technology capital programs and street overlays. SUMMARY: Taken together, these four ordinances and one resolution provide for the cost reductions and revenue enhancements recommended by the city council at various workshop and budget sessions to establish the 2012 budget and bring it into balance. These ordinances and resolution adjust various land use, building code and other regulatory fees, reduce the established rate increase on storm water utility rates from fifteen percent (15%) to five percent (5%), and provide for an internal municipal utility tax increase—without raising rates—to ten percent (10%). The utility tax increase has specific conditions, including that the new general fund revenue be applied to the general fund to supplement the cost of providing street lighting and fire suppression, but only on the condition that the general fund monies freed up by this new revenue be transferred to the city's capital improvement fund(s), and all monies made available by this transfer be applied equally to information technology and street overlays. EXHIBITS: 2011 Budget Adoption Ordinance and Exhibits; Fee Resolution; Fee Ordinance; Utility Tax Fee Ordinance; and Utility Drainage Rate Ordinance RECOMMENDED BY: City Council BUDGET IMPACTS: As described. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to budgets and finance and adopting the final 2012 fiscal year budget. RECITALS A. The tax estimates and preliminary budget for the City of Kent, Washington, for the 2012 fiscal year have been prepared and filed as provided by law, and the budget has been printed and distributed. B. Notice has been published in the official paper of the City of Kent setting the time and place for hearing and that notice stated that all taxpayers calling at the Office of the City Clerk would be furnished a copy of the 2012 budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Budget Adoption. Pursuant to RCW 35A.33.075, the budget for the 2012 fiscal year, as summarized in Exhibit "A" and as set forth in the 2012 Preliminary Comprehensive Budget, which is on file with the city clerk and which is amended by Exhibit "B," all of which are incorporated into this ordinance by this reference, is hereby adopted in the 1 2012 Budget Adoption amounts and for the purposes established in that budget as the final budget for the City's 2012 fiscal year. SECTION 2, - Transmittal. The finance director shall transmit a complete copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. SECTION 3, - Adiustments. City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120 and as otherwise provided by law. SECTION 4, - 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. SECTIONS. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after the date of passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 2 2012 Budget Adoption 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\Ordinance BudgeWdoption-2012.docx 3 2012 Budget Adoption CITY OF KENT, WASHINGTON 2012 Budget Ordinance Exhibit A Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND Excluding Annexation 60,949,613 60,876,768 72,845 2,199,554 2,272,399 Annexation 10,934,962 10,845,480 89,482 (988,677) (899,195) SPECIAL REVENUE FUNDS Street Operating 4,834,839 4,940,626 (105,787) 142,184 36,397 LEOFF 1 Retiree Benefits Fund 1,131,867 1,079,177 52,690 517,801 570,491 Lodging Tax Fund 181,460 158,500 22,960 66,302 89,262 Youth/Teen Programs 889,629 817,000 72,629 22,436 95,065 Capital Improvement 15,080,689 11,564,636 3,516,053 (12,015,713) (8,499,660) Criminal Justice 2,515,349 2,574,857 (59,508) 756,063 696,555 Community Block Grant 709,675 709,675 Other Operating Projects (339,951) (450,000) 110,049 301,148 411,197 Kent Events Center 800,000 800,000 (2,077,110) (2,077,110) DEBT SERVICE FUNDS Voted 615 615 LTGO Debt 9,023,854 9,023,854 Special Assessment 3,435,513 3,664,217 (228,704) 1,194,838 966,134 CAPITAL PROJECTS FUNDS Parks Projects 285,000 285,000 Technology Projects 500,000 500,000 Facilities Projects 75,000 75,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 17,616,221 17,068,694 547,527 (161,037) 386,490 Sewerage 37,547,541 39,592,088 (2,044,547) 4,664,301 2,619,754 Golf Complex 3,222,234 3,014,037 208,197 (1,936,387) (1,728,190) INTERNAL SERVICE FUNDS Fleet Services 3,192,143 4,112,456 (920,313) 1,767,036 846,723 Central Services 5,912,589 5,741,785 170,804 23,391 194,195 Facilities Fund 5,169,976 5,188,245 (18,269) 155,885 137,616 Insurance 19,711,139 18,345,429 1,365,710 2,756,423 4,122,133 TOTAL GROSS BUDGET 203,379,342 200,527,524 2,851,818 (2,610,947) 240,871 LESS: Internal Service Funds 28,759,444 28,759,444 Internal Transfers 14,309,832 14,309,832 TOTAL BUDGET 160,310,066 157,458,248 2,851,818 (2,610,947) 240,871 CITY OF KENT, WASHINGTON 2012 Budget Ordinance Exhibit B Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERALFUND Excluding Annexation 59,244,923 59,243,104 1,819 2,199,554 2,201,373 Initial Deficit 360,000 (360,000) (360,000) Adjust Utility Tax Revenues (256,525) (256,525) (256,525) Inc Transfer In from Youth/Teen 35,286 10,286 25,000 25,000 Move Tech Fees to IT (165,000) (165,000) Add Cultural Competency 40,000 (40,000) (40,000) Reduce Animal Services (30,000) 30,000 30,000 4%Internal Utility Tax 2,090,929 2,090,929 Reduce ES Recruitment Budget (39,000) 39,000 39,000 Proposed Reductions (633,551) 633,551 633,551 60,949,613 60,876,768 72,845 2,199,554 2,272,399 Annexation 11,118,103 10,972,655 145,448 (988,677) (843,229) Adjust Utility Tax Revenues (183,141) (183,141) (183,141) Inc Valley Comm to VC Budget 54,529 (54,529) (54,529) Reduce Pro-Tem Judge (25,000) 25,000 25,000 Proposed Reductions (156,704) 156,704 156,704 10,934,962 10,845,480 89,482 (988,677) (899,195) SPECIAL REVENUE FUNDS Street 4,521,346 4,628,724 (107,378) 142,184 34,806 Adjust Utility Tax Revenues 313,493 313,493 Proposed Reductions (1,591) 1,591 1,591 4,834,839 4,940,626 (105,787) 142,184 36,397 Public Safety Retiree Health 1,131,867 1,076,169 55,698 517,801 573,499 Increase IBNR per Actuary 3,008 (3,008) (3,008) 1,131,867 1,079,177 52,690 517,801 570,491 Lodging Tax Fund 163,500 158,500 5,000 66,302 71,302 Inc Lodging Tax per Trend 17,960 17,960 17,960 181,460 158,500 22,960 66,302 89,262 Youth/Teen Programs 792,701 792,000 701 22,436 23,137 Adjust Utility Tax Revenues 96,928 25,000 71,928 71,928 889,629 817,000 72,629 22,436 95,065 Capital Improvement Fund 9,603,421 9,549,636 53,785 (12,015,713) (11,961,928) Remove 5% Internal Utility Tax (2,613,661) (2,613,661) (2,613,661) From General Fund for Street/IT 2,090,929 2,015,000 75,929 75,929 Sale of Property 6,000,000 6,000,000 6,000,000 15,080,689 11,564,636 3,516,053 (12,015,713) (8,499,660) Criminal Justice 2,515,349 2,630,516 (115,167) 756,063 640,896 Proposed Reductions (55,659) 55,659 55,659 2,515,349 2,574,857 (59,508) 756,063 696,555 Community Block Grant 709,675 709,675 Other Operating Projects (339,951) (450,000) 110,049 301,148 411,197 ShoWare Operating Fund 800,000 800,000 (2,077,110) (2,077,110) DEBT SERVICE FUNDS Voted 615 615 LTGO Bonds 9,023,854 9,023,854 Special Assessment 3,435,513 3,664,217 (228,704) 1,194,838 966,134 CAPITAL PROJECTS FUNDS Parks Projects 285,000 285,000 CITY OF KENT, WASHINGTON 2012 Budget Ordinance Exhibit B Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance Technology Projects 260,000 260,000 Long Term Lifecycle Replacement 240,000 240,000 500,000 500,000 Facilities Projects 75,000 75,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 17,616,221 17,246,796 369,425 (161,037) 208,388 Internal Utility Tax to 4% (161,952) 161,952 161,952 Proposed Reductions (16,150) 16,150 16,150 17,616,221 17,068,694 547,527 (161,037) 386,490 Sewerage 37,547,541 39,981,927 (2,434,386) 4,664,301 2,229,915 Internal Utility Tax to 4% (360,780) 360,780 360,780 Proposed Reductions (29,059) 29,059 29,059 37,547,541 39,592,088 (2,044,547) 4,664,301 2,619,754 Golf Complex 3,222,234 3,016,981 205,253 (1,936,387) (1,731,134) Proposed Reductions (2,944) 2,944 2,944 3,222,234 3,014,037 208,197 (1,936,387) (1,728,190) INTERNAL SERVICE FUNDS Fleet Services 3,346,046 4,267,153 (921,107) 1,767,036 845,929 Proposed Reductions (153,903) (154,697) 794 794 3,192,143 4,112,456 (920,313) 1,767,036 846,723 Central Services 5,672,589 5,505,151 167,438 23,391 190,829 Technology Fees for LT Lifecycle 240,000 240,000 Proposed Reductions (3,366) 3,366 3,366 5,912,589 5,741,785 170,804 23,391 194,195 Facilities Fund 5,231,817 5,252,817 (21,000) 155,885 134,885 Proposed Reductions (61,841) (64,572) 2,731 2,731 5,169,976 5,188,245 (18,269) 155,885 137,616 Insurance 19,711,139 18,434,301 1,276,838 2,756,423 4,033,261 Reduce IBNR per Actuary (88,872) 88,872 88,872 19,711,139 18,345,429 1,365,710 2,756,423 4,122,133 TOTAL GROSS BUDGET 203,379,342 200,527,524 2,851,818 (2,610,947) 240,871 LESS: Internal Service Funds 28,759,444 28,759,444 Transfers 14,309,832 14,309,832 TOTAL BUDGET 160,310,066 157,458,248 2,851,818 (2,610,947) 240,871 RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, relating to the 2012 fiscal year budget repealing resolution Nos. 1311, 1524, 1594, 1676, 1686, 1740, 1828, 1831, and amending various fees established by past resolutions concerning business licenses, planning and land use applications, and permits and inspections conducted under the provisions of the International Building, Residential, Mechanical, Fire, and other related Codes and the Uniform Plumbing Code, which amendments shall be assessed and collected beginning in the 2012 fiscal year budget. RECITALS A. The Kent City Council has established a number of fees by resolution rather than by ordinance so that the fees may be adjusted by council without amending the text of the Kent City Code. B. It is appropriate to amend these various fee schedules to more accurately reflect the true cost incurred by the city in providing services to the public. Accordingly, in order to amend these fees, it is 1 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees necessary to repeal prior Resolution Nos. 1311, 1524, 1594, 1676, 1686, 1740, 1828, and 1831. This replacement resolution updates the fee schedules in addition to establishing new fee schedules concerning planning and land use applications, and building permits and inspections. C. New fees that are added to these fee schedules include a technology fee to assist in defraying the costs of maintaining modern technologies; and a provision to pass the costs of Hearing Examiner services, document recording and required publications to permit applicants whose projects incur them. Hourly rates for land use review services are also established. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. Repealer. The following Resolutions are hereby repealed in their entirety: Resolution No. 1311, relating to Business License Code to the Hearing Examiner is hereby repealed in its entirety; Resolution No. 1524, relating to a fee schedule for planning and land use applications is hereby repealed in its entirety; Resolution No. 1594, relating to a fee schedule for planning and land use applications is hereby repealed in its entirety; 2 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees Resolution No. 1676, relating to the Fee schedule under the International Building, Residential, Mechanical and Fire codes and the Uniform Plumbing Code is hereby repealed in its entirety; Resolution No. 1686, relating to the fee schedule and fee schedule notes for planning and land use applications is hereby repealed in its entirety; Resolution No. 1740, relating to the fees for business licenses, planning and land use applications, and permits and inspections under the provisions of the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code is hereby repealed in its entirety; Resolution No. 1828, relating to fees concerning the deferral of certain development mitigation fees is hereby repealed in its entirety; Resolution No. 1831, relating to development mitigation fees to which the fee deferral lien applies is hereby repealed in its entirety. SECTION 2. Adopt. Business License Fees. Beginning January 1, 2012, in accordance with chapter 5.01 of the Kent City Code, annual fees for business licenses will be based on the number of full and part-time employees employed at each business, assessed as follows: A. Number of Employees of Fee Business 0 - 24 $100 25 - 49 $200 50 - 99 $400 100 or more $600 3 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees B. The Home occupation business license fee is $50.00. SECTION 3, - New Fee Schedule - Hearing Examiner Fees. As authorized by KCC Section 2.32.155, the fee that an applicant shall pay for any permit or approval that requires either an open or a closed record public hearing before the city's hearing examiner and the fee for any appeal of any decision or recommendation to the hearing examiner shall be in the amounts shown on Exhibits B through F. SECTION 4. - New Fee Schedule - Permit Technology Fee. As authorized by KCC Section 3.11.010(c), beginning January 1, 2012, a technology fee will be assessed and collected on every fee established by this resolution in an amount equal to three percent (3%) of the fee or ten dollars ($10.00), whichever is greater, with the exception of the exclusions listed in Exhibit A. SECTION S. - International Fire Code Fees Established. As authorized by KCC Section 13.01.120, the fee schedule attached as Exhibit B shall govern the monetary charges assessed by the city for reviewing and processing permit applications, for issuing permits and other approvals, and for all related inspections. SECTION 6, - International Building Code and International Residential Code - Building permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for building permits and related inspections under the International Building Code or the International Residential Code shall be as set forth in Exhibit C which is attached and incorporated into this Resolution, with the following modifications: 4 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees 1. Standard plan review Fees. Whenever construction documents, as defined in the International Building Code and International Residential Code, are submitted for review pursuant to section 107 of the International Building Code or section R106 of the International Residential Code, a plan review fee equal to sixty-five (65) percent of the building permit fee shall be assessed. 2. Basic plan review fees. The basic plan review fee, after and in addition to the payment of the initial standard plan review fee set forth in subsection (1) above, , beginning ganuaFy 15, '^" shall be a fee of seventy-six ($76.00),for each permit issued upon a certified basic plan. Additional plan review fees shall also be assessed at a rate of beginning l-...0 aFy , 2012 shall be assessed at a ate of one hundred two dollars ($102.00) per hour, or a portion thereof for an additional plan review required for changes, additions, or revisions to plans. 3. Administration of basic plans. Basic plans shall be administered as follows: a. "Basic plans" are defined as complete plans for an entire detached single family residential building, approved as such by the building official, which: (i) Are clearly marked as being approved and certified as "basic" by the building official; (ii) Bear the author's (including, but not limited to, architect, engineer, or others) acknowledgment and approval of the plans submitted for use in the construction of a number of buildings, without any 5 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgment shall bear the author's stamp and signature. (iii) Basic plan review fees shall apply only to detached single family residential buildings and shall apply only to the originating owner or applicant. (iv) Changes to basic plans which alter the exterior dimensions or structure of the building shall be treated as a new permit application. b. The process for administering basic plans shall be as follows: (i) Any person may apply for plan review and certification of a basic plan by filing an application for such plan review and certification, along with two (2) or more complete sets of plans and the standard plan review fee. (ii) Upon completion and approval of plan review, the applicant shall provide reproducible copies of complete, approved plans to the building official. C. The city's building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this Resolution. SECTION 7, - International Mechanical Code — Mechanical permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for mechanical permits issued for the installation of 6 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees mechanical equipment under the International Mechanical Code or the International Residential Code, as may be applicable, shall be as set forth in Exhibit D, which is attached and incorporated into this ordinance, with the following modifications: 1. Standard plan review fees. Whenever construction documents, as defined in the International Mechanical Code or the International Residential Code, are submitted for review pursuant to section 106 of the International Mechanical Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the mechanical permit fee shall be assessed. SECTION S. - Uniform Plumbing Code - Plumbing permit and plan review fees. Pursuant to Section 14.01.090 of the Kent City Code, the fees to be assessed for plumbing permits issued for the installation of plumbing equipment under the Uniform Plumbing Code or the International Residential Code, as may be applicable, shall be as set for in Exhibit E, which is attached and incorporated into this Resolution, with the following modifications: 1. Whenever construction documents, plans, specifications, engineering calculations, diagrams or other data are submitted for review pursuant to section 103 of the Uniform Plumbing Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the plumbing permit fee shall be assessed. SECTION 9, - Construction, Land Use and Development Fees. Pursuant to chapters 6.03, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and other authorizations elsewhere in the Kent City Code, the applications, permits, approvals, review, inspection and other fees for various construction, land use and development actions shall be as shown in the attached Exhibit F. 7 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees SECTION 10. Annual Consumer Price Index (CPI) Adiustment. On the first day of each calendar year, all fees, rates and charges established in this resolution will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1, if the CPI-W reflects an upward adjustment from the previous annual June to June period. Fees shall move in increments of not less than $.50 and shall be rounded down for amounts from $.01 through $.24 and from $.51 through $.74 and shall be rounded up for amounts from $.25 through $.49 and from $.75 through $.99. If the year to year change in the CPI-W does not result in a change in any fee, rate or charge, that fee, rate, or charge will be subject to a cumulative calculation by adding the annual CPI-W annual adjustments since the last effective change and implementing an adjustment according to the increments established in this section. This section and its related CPI adjustments will not apply, however, to any Section 4 Permit Technology fees. SECTION 11. — Savings. Resolution Nos. 1311, 1524, 1594, 1676, 1686, 1740, 1828, and 1831, and the fees established by those resolutions, shall remain in full force and effect until the date the new fees are assessed and collected in accordance with this resolution. SECTION 12. — SeverabilitY. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 13. - Effective Date. This resolution shall take effect and be in force beginning January 1, 2012. 8 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of December, 2011. CONCURRED in by the mayor of the city of Kent this day of December, 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of , 2011. BRENDA JACOBER, CITY CLERK P:\Civil\Resolution\Fee Re�ludon Final.docx 9 Resolution Amend Business License, Hearing Examiner, Planning and Land Use, and Permit,Zoning, and Inspection Fees Exhibit A Technology Fee Exceptions Excluded from technology fees: 1. Fire permit fees for fireworks stands or displays; 2. Fire review fees under Exhibit "B" of this resolution; 3. Appeals; 4. Code text amendments, comprehensive plan map or text amendments, pre-application conferences, public notice boards and zone map amendments (rezones) under Exhibit 7" of this resolution; and 5. Fees listed under "Other inspections and Fees" in Exhibits "B," "C," "D," and "E" of this resolution, except that a technology fee will be assessed and collected for each Adult Family Home licensing inspection under Exhibit "C." Exhibit"B" City of Kent Fire Permit Fees Permit Issuance Fees: Fee Issuance of each annual permit under the fire code $62.00 Issuance of each annual fire protection system permit, per building $81.00 Issuance of a residential home heating fuel tank removal permit, per application $81.00 Issuance of a fireworks permit for a fireworks stand, per application $100.00* Issuance of a fireworks permit for a fireworks display, per application $100.00* *rate fixed by state regulations Development Plan Review and Permit Fees: Fee Fire Prevention Permits- Plan Review Fee 65% of permit fee Per building permit fee valuation table, Permit Fee Exhibit C of this Resolution. Review of Building Permits- Single-Family Plan Review 15% of the permit fee ($54 minimum fee) Commercial Plan Review 20% of the permit fee ($54 minimum fee) Review of Land Use Applications- Boundary Line Adjustment $61.00 Binding Site Plan $100.00 Short Subdivision $100.00 Other Site Plan Reviews $49.00 Preliminary Plat $331.00 Residential Variances $39.00 Other Project Approvals $59.00 SEPA Checklist $71.00 SEPA Checklist as Part of a Project $36.00 Requiring Hearing Examiner Approval $106.00 Other Inspections and Fees: Fee Each hydrant flow request (minimum two hour charge) $102.00 per hour Initial fire and life safety inspection for new business, per application $54.00 Inspections outside of normal business hours (minimum two hour charge) $102.00 per hour Exhibit"B" Continued City of Kent Fire Permit Fees Additional inspections required when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, when the permit or approved plans are not made readily available when requesting Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO) approval, or when requesting inspections required for licensing and/or certifications. (One hour minimum charge). $102.00 per hour Additional plan review required by re-submittals, changes, deferred submittals, additions, or revisions to plans. One re-submittal will be included in the plan review fee. (One hour minimum charge) $102,00 per hour Appeal filing fee $237.00 Penalty Fees: Fee Failing to mark or maintain the marking of a designated fire lane. $162.00 Exhibit "C" City of Kent Building Permit Fees Total valuation determined by building official Permit Fee Assessed $1.00 to $500.00 $27.83. $501.00 to $2,000.00 $27.83 for the first$500.00, plus $3.63 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $82.28 for the first$2,000.00, plus $16.61 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $ 464.31 for the first$25,000.00, plus$ 11.99 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $ 764.06 for the first $50,000.00, plus $8.31 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $ 1,179.56 for the first$100,000.00, plus $ 6.66 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,843.56 for the first$500,000.00, plus $ 5.61 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $6,648.56 for the first $1,000,000.00, plus$3.74 for each additional $1,000.00, or fraction thereof. Other Inspections and Fees: For inspections outside of normal business hours and Adult Family Home licensing inspections (minimum charge—two hours)............................. $102.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available .......................................................................... $102.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans.......................................................................... $102.00 per hour Investigation fee when work is commenced prior to obtaining required Building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee................................................................................................................$237.00 Exhibit "D" City of Kent Mechanical Permit Fees Permit Issuance Fees: 1. For the issuance of each mechanical permit.........................................................$32.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled, or finalized......................................................................$10.00 Unit Fee Schedule: 1. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, up to and including 100,000 Btu/h (29.3 kW)........................................$20.00 2. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, over 100,000 Btu/h (29.3 kW) ...............................................................$26.00 3. For each floor furnace, suspended heater, recessed wall heater or floor-mounted heater, including vent............................................................................................$20.00 4. For each appliance vent not included in an appliance permit...............................$10.00 5. For repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including controls, regulated by the mechanical code or residential code........................................................................................$19.00 6. For each boiler or compressor: • to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW)....................................$20.00 • over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to an including 500,000 Btu/h (146.6 kW)................................................$37.00 • over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW) to and including 1,000,000 (293.1 kW) ....................................................$51.00 • over 30 horsepower(105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 (512.9 kW)..................................$76.00 • over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) ...................................................................$127.00 7. For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto, which is not a portion of factory assembled appliance or unit for which a permit is required..................$15.00 • over 10,000 cfm (4,719 L/s) .....................................................................$26.00 8. For each evaporative cooler other than portable type...........................................$15.00 9. For each ventilation fan connected to a single duct..............................................$10.00 10. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit.....................................................$15.00 11. For each hood served by mechanical exhaust, including the ducts forsuch hood.........................................................................................................$15.00 12. For each domestic-type incinerator.......................................................................$26.00 13. For each commercial or industrial-type incinerator...............................................$20.00 (CONT.) Exhibit "D" City of Kent Mechanical Permit Fees Unit Fee Schedule (cont.): 14. For each mechanical appliance or piece of equipment regulated by the mechanical code or the residential code, not classed in other appliance categories, or for which no other fee is listed in this table.....................................$15.00 15. For each fuel gas or fuel oil piping system of one to five outlets ............................$8.00 16. For each additional piping system outlet, per outlet................................................$3.00 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge—two hours).......................................................................... $102.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available .......................................................................... $102.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans.......................................................................... $102.00 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee................................................................................................................$237.00 Exhibit "E" City of Kent Plumbing Permit Fees Permit Issuance Fees: 1. For the issuance of each plumbing permit............................................................$28.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized.......................................................................$15.00 Unit Fee Schedule: 1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage piping and backflow protection therefore ...............................................$10.00 2. For each building sewer and each trailer park or mobile home park sewer..........$20.00 3. Rainwater systems-per drain (inside building) ..................................................... $10.00 4. For each water heater and/or vent........................................................................$10.00 5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps................................$10.00 6. For each installation, alteration or repair of water piping and/or water treating equipment, each....................................................................................................$10.00 7. For each repair or alteration of drainage or vent piping, each fixture ...................$10.00 8. For each lawn sprinkler system on any one meter including backflow protection devicestherefore...................................................................................................$10.00 9. For atmospheric-type vacuum breakers not included in item 8: 1 to 5 vacuum breakers..............................................................................$8.00 over 5 vacuum breakers, each...................................................................$3.00 10. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inch (51 mm) diameter or smaller..........................................................$10.00 over 2 inch (51 mm) diameter..................................................................$20.00 11. For each graywater or reclaimed water system....................................................$55.00 12. For each medical gas piping system for a specific gas: 1 to 5 inlets/outlets.................................................................................................$69.00 over 5 inlets/outlets, each........................................................................................$8.00 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge-two hours).......................................................................... $102.00 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available .......................................................................... $102.00 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans.......................................................................... $102.00 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit....................................................... 100% of permit fee Appealfiling fee................................................................................................................$237.00 Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 Public Planning Devel. Eng. Works Total Permit A lication T e Fee Fee Fee Fees Notes Accessory Dwelling Unit $54 $54 (1) Administrative Determination Letter $100 $100 Appeal of Administrative Interpretation / Decision $215 $215 Appeal of SEPA Determination $215 $215 Appeal of Short Plat $215 $215 Binding Site Plan - Preliminary $539 $1,980 $2,519 Binding Site Plan Modification $323 /$431 $550 $873/$981 (2) $539 / Code Text Amendment $539 /$1,616 $1,616 (10) (11) Combining Districts $1,616 $1,616 (10) Comprehensive Plan Map Amendment $1,616 $1,616 (10) Comprehensive Plan Text Amendment $1,616 $1,616 (10) Concept Meeting Review No charge No charge No charge Conditional Use $2,154 $550 $2,704 (13) Actual Document Recording Fees Actualcost Cost (20) $270 / Downtown Design Review $215 /$539 $55 /$110 $649 (3) (14) Fee Deferral Lien $202 $202 (18) Hearing Examiner-Conduct of Hearing and Preparation of Decision Actualcost Actual cost (16) Hourly rate $100 $110 $110 Lot Line Adjustment $323 $440 $440 $1,203 Lot Line Elimination $108 $110 $110 $328 Mixed Use Design Review $539 $110 $649 (14) $539 + $649 + Multi-Family Design Review $11/unit $110 $11/unit (14) Multi-Family Dwelling Tax Exemption - Application $1,000 $1,000 Multi-Family Dwelling Tax Exemption - Final Application $1,000 $1,000 (17) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $215 $215 Multi-Family Tax Exemption Extension of Conditional Certificate $50 $50 Multi-Family Tax Exemption - Contract Amendment $500 $500 $2,693 + $6,763 + Planned Unit Development Plan $50/unit $4,070 $50/unit Planned Unit Development Plan $489 / Modification $269 /$808 $220 /$880 $1,688 (4) Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 Public Planning Devel. Eng. Works Permit Application Type Fee Fee Fee Total Fees Notes Plat Modification/Alteration Minor: ya of plat Minor: ya of plat Minor/Major fee fee Major: yz of plat Major: yz of plat fee fee (15) Pre-Application Conference $269 $269 Public Notice Actual cost of publication (21) Public Notice Board $108 $108 (5) $330 /$550 $599 / SEPA Checklist $269 /$754 $1304 (6) $55 /$110 $136 / SEPA Modification $81 /$269 $379 (7) SEPA Exempt Determination $100 $100 SEPA Environmental Impact $2,154 + Statement $2,154 + deposit deposit (8) Shoreline Conditional Use $1,292 $330 $1,622 (13) Shoreline Exempt Determination $215 $110 $325 Shoreline Substantial Development $1,077 $330 $1,407 Shoreline Variance $808 $330 $1,138 (13) Short Plat (2-4 lots) - Preliminary $1,100 $1,908 Plat $808 Short Plat (5-9 lots) - Preliminary $1,980 $4,134 + Plat $2,154 + $54/lot $54/lot Short Plat - Final Plat or Final Binding $1,100 $880 $3,596 + Site Plan $1,616 + $22/lot $22/lot Sign Permit $162 $55 $217 (19) Special Home Occupation Permit $323 $323 (13) $7,840 + Subdivision - Preliminary Plat $3,770 + $54/lot $4,070 $54/lot $2,970 $2,640 $7,764 + Subdivision - Final Plat $2,154 + $22/lot $22/lot $55 /$110 /$55 $163 / $108 /$269 / $379 / Temporary Use $162 $217 (9) Temporary Sign $81 $81 Variance -Administrative $323 $110 $433 Variance - Single Family Dwelling $323 $55 $378 (13) Variance - Sign &Other than Single Family Dwelling $2,154 $110 $2,264 (13) WTF Administrative Permit $323 $323 WTF Conditional Use $2,154 $220 $2,374 Zone Map Amendment (Rezone) $2,154 $2,154 (10) (12a- $27/$54/ 12e) Zoning Permit/Site Plan Review $27/$54/value value (14) Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 TABLE 1 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 1. Additional re-submittal reviews, whether attributed to the application's action or inaction, shall be charged at the hourly rate listed in Table 1. (1) The fees are applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling unit in a single- family residential zone. The fee includes the cost of the Planning Services Office recording of the accessory dwelling unit covenant documents with King County. An accessory living quarters in a commercial or industrial zone is subject to the applicable construction value-based fee. (2) Any changes to an approved, but unrecorded Binding Site Plan is subject to the $323 fee for a modification to a Binding Site Plan. Any changes to a recorded Binding Site Plan are subject to the $431 fee for a modification to a Binding Site Plan. (3) The planning $215 and engineering $55 review fees are applicable to minor alterations and improvements. The planning $539 and engineering review $110 fees are applicable to all new buildings, redevelopment, and major alterations and improvements. (4) Any minor change to an approved Planned Unit Development Plan is subject to the planning $269 and engineering review $220 fees for a modification. Any major change to an approved Planned Unit Development Plan is subject to the planning $808 and engineering review $880 fees for a modification. (5) The Planning Director has the authority to change this fee as needed to cover City expenditures. (6) The planning $269 and engineering review $330 fees are applicable only to SEPA review of construction of one single family dwelling on an individual parcel. All other SEPA checklist applications are subject to both the planning $754 fee and the engineering review $550 fee. (7) The planning $81 and engineering review $55 fees are applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. All other modifications to a SEPA determination are subject to the planning $269 and engineering review $110 fees. Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 (8) $2,154 fee plus a deposit, equal to the estimated cost of contract services necessary to complete the EIS process, must be submitted to the city. Plannina Ena Rev. (9) Temporary Use Permits 0-30 days ......................... $108 $ 55 31-90 days ....................... $269 $110 Extensions beyond 90 days . $162 $ 55 (10) Application requires public hearings. If multiple permit applications which require the same hearing procedure are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (11) The $539 fee is applicable to amendments to Single Family Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $1,616 fee. (12) a) The $27 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor addition of less than 25% of existing floor area, interior remodel or accessory building of 500 square feet or less on the same lot as the existing dwelling. b) The $54 fee is applicable for Major Single Family Dwelling Construction on an existing dwelling such as major addition of more than 25% of existing floor area or an accessory building of more than 500 square feet on the same lot as the existing dwelling. c) All new single family dwelling construction in a residential zone is subject to the following fee schedule: Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $74,999................................... $ 54 $275 $110 $75,000-$124,999 ........................... $108 $275 $110 $125,000 - $224,999 ....................... $215 $275 $110 Over $225,000 ................................ $323 $275 $110 d) All new buildings, tenant improvements, an accessory living quarters in a commercial or industrial zone and other construction and Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 development activity, other than single family dwelling construction, is subject to the following fee schedule: Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $99,999................................... $ 359 $330 $55 $100,000-$249,999 ......................... $ 718 $330 $55 $250,000 - $499,999 ....................... $1,077 $330 $55 $500,000 - $999,999 ....................... $1,436 $330 $55 $1,000,000 - $4,999,999.................. $2,154 $330 $55 $5,000,000 - $10,000,000 ................ $2,872 $330 $55 Over $10,000,000. .......................... $3,590 $330 $55 e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor. These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements. The combined total of the cost estimates for all development on the site shall be the established value basis for the zoning permit fee [as listed in 12c or 12d categories above as appropriate]. (13) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a Hearing Examiner decision are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (14) Application fees may be reduced by 75% if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and downtown design review. Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use development where the commercial and residential uses are not located within the same building. Exhibit "F" City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 1 (15) Plat alteration fees are determined after review whether the changes requested are minor or major. A minor change is done administrative and the fee is 25% of the cost of the original preliminary plat fee. A major change requires a public hearing or meeting and the fee is 50% of the cost of the original preliminary plat fee. A public notice board is required for a major alteration. (16) For applications that require a public hearing before the city's Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner's hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner's decision. This requirement shall not apply to appeal hearings. (17) These funds are distributed to the King County Assessor's Office by the City. (18) A fee deferral lien may be used in association with building permits and water permits associated with single family residential homes built for resale. Any fee deferral lien shall include the drainage system development fee, water system development fee, transportation mitigation payments, and traffic impact fees (19) The engineering fee only applies to freestanding signs, not wall mounted signs. (20) The applicant shall pay all document recording fees charged by King County, and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (21) For applications that require public notice, the applicant shall reimburse the City for 100% of publication and mailing costs. Reimbursement shall be paid to the City prior to issuance of the final decision. Exhibit "F" City of Kent Plannina, Development Enaineerina, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 2 Review/Intake Inspection / Permit Application Type Fee Issuance Fee Total Fee Notes Civil Construction - Non-Residential $10,560 $8,030 $18,590 Civil Construction - Minor $1,210 990 $2,200 1 Civil Construction - Plats $11,100 $8,030 $19,130 Civil Construction - Short Plats $2,200 $2,310 4 510 Critical Areas - Reasonable Use or Variance $1,540 0 $1,540 Critical Areas - Mitigation Plan, Monitoring $880 / Report, Restoration Review 880 / 1 320 0 $1,320 2 $660 / Critical Areas - Report Review $660 /$880 $0 $880 (2) Demolition Permit $220 $220 $440 Deviation Request to Construction Standards $495 $110 $605 Grade and Fill - Major -Tier 1 $440 $660 $1,100 (3.a) Grade and Fill - Major -Tier 2 $660 $880 $1,540 (3.a) Grade and Fill - Major -Tier 3 880 $1,760 $2,640 3.a Grade and Fill - Major -Tier 4 1 100 2 640 3 740 3.a Grade and Fill - Minor 330 330 660 3.a Grade and Fill - Minor SF Only) 110 110 220 3.6 Hearing Examiner Actual Cost Actual Cost 4 Hourly Rate 110 110 Recording Fees Actual Cost Actual Cost 5 Sewer - Certificate of Availability 165 55 220 Sewer - Permit 55 275 330 6 Street Cut Permits 220 330 550 7 Street Use Permits 110 165 275 Water -Certificate of Availability $165 $55 $220 Water - Permit $55 $275 $330 Water Backflow Inspection $0 $110 $110 Exhibit "F" City of Kent Plannina, Development Enaineerina, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 2 TABLE 2 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 2. Additional re-submittal reviews, whether attributed to the application's action or inaction, shall be charged at the hourly rate listed in Table 2. (1) The fee applies to work, residential or non-residential, with a construction valuation of less than $50,000. (2) The lower fee is applicable only to review of a critical area on one single family residential parcel only. The higher fee is applicable for plats, short plats, and non- residential applications and parcels. (3) Grade and Fill a. The quantities and review thresholds for Grade and Fill permits are as follows: Cleared or New or Replaced Grade and Fill Quantity Disturbed Area Hard Surface Tier 0 cy - 49 cy 0 sf - 6,999 sf 0 sf - 1999 sf 0 50 cy - 499 cy 7,000 sf - <3/4 acre 2,000 sf - 4,999 sf Minor 500 cy - 4,999 cy 3/4 ac - <1 ac 5,000 sf - <1 ac 1 5,000 cy - 49,999 cy 1 ac - <2.5 ac 1 ac - <2.5 ac 2 50,000 cy - 99,999 cy 2.5 ac - <5 ac 2.5 ac - <5 ac 3 100,000 cy and larger 5 ac and larger 5 ac and larger 4 b. The Minor Single Family Grade and Fill fees apply to work performed on one single family residential parcel of 6,999 sf or less only. Short Plats, Plats, and other projects spanning multiple parcels fall into the other categories. Exhibit "F" City of Kent Plannina, Development Enaineerina, Public Works, and Land Use Review Fees Effective 1/1/2012 Table 2 (4) For applications that require a public hearing before the city's Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner's hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner's decision. This requirement shall not apply to appeal hearings. (5) The applicant shall pay all document recording fees charged by King County and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (6) Side sewer permit Inspection / Issuance Fee may be reduced by 50% if the work is an emergency repair only. New installations, grease interceptors, and similar work is subject to the full fee listed in the table. (7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if the following criteria are met: a. The location of the work is behind the curb and gutter (if any), or outside the pavement surface (if no curb and gutter exist), and b. The size of the disturbed area is 50 square feet or less, and C. The work is in front of a single family residential zoned parcel only, and d. There is no traffic control plan required, and e. The work is not being done by a franchised utility company. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to fees, specifically including fees for hearings and appeals before the hearing examiner, business license fees, various public infrastructure plan review and inspection fees, planning and land use and development application, permit and inspection fees, and inspection and permit fees required under the provisions of the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing code by making the following code revisions: adding a new section to Chapter 1.01 generally authorizing fees by resolution; adding a new section 2.32.155 relating to public hearings and appeals before the hearing examiner; adding a new chapter to Title 3 of the Kent City Code entitled, "Technology Infrastructure" and adding a new section relating to technology fees; amending Section 5.01.090 relating to business licenses; amending Sections 6.06.040 and -050 relating to plan review and inspection fees for public infrastructure improvements; amending Section 6.07.040 and-.070 relating to street use permits; amending Section 7.02.105 and 7.03.160—.170 relating to water system cross- connection control, installation and connection permits; amending Sections 7.04.080 and 7.04.100—.110 relating to sanitary sewer permits and inspections; adding a new section 11.06.045 relating to critical areas and environmental review; and adding a new section 12.01.055 relating to land use and planning applications and permits; and further adding other related minor revisions and clarifications to the city code. 1 Ordinance Amending Code Fees RECITALS A. The Kent City Council has established fees by both resolution and ordinance. Resolutions allow for adjusting fees without requiring council to amend the text of the Kent City Code. Currently, there are multiple provisions contained in the Kent City Code referencing fees. Any adjustments to those fees require amendments to the text of the Kent City Code by ordinance. B. Many of these fees in the city code have not been reviewed or updated since 2006. C. Adjustments to the current fees contained in the Kent City Code would be served best by amending the code to reference fee schedules contained in a resolution, thereby allowing for adjustments without amending the text of the Kent City Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - New Section. The following new section 1.01.105 is added to chapter 1.01: Sec. 1.01.105. Fee Resolutions. Any fees, rates or charges established by city council resolution shall be deemed lawfully established by authority of the city council regardless of whether the fee, rate or charge is established by a separate ordinance. 2 Ordinance Amending Code Fees SECTION 2, - New Section. The following new section 2.32.155 is added to chapter 2.32: Sec. 2.32.155. Hearing Examiner Code - Fees. The city council, shall, by resolution, establish the fees to be charged to conduct open or closed record public hearings as well as all appeals. In the event of any conflict or ambiguity regarding any fees established by council resolution, the planning director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. SECTION 3, - New Chapter. The following new chapter 3.11 is added to Title 3 of the Kent City Code: Chapter 3.11. TECHNOLOGY INFRASTRUCTURE Sec. 3.11.010. Technology Fee Established. In order to accommodate the high cost and need to continually replace telecommunications, data, network, hardware and software systems caused by a continuous and rapidly changing technology environment, the technology fees shall be applied to the following transactions: A. Utility Billing. A fee of one dollar ($1.00) per bill for every utility bill issued, whether the bill includes any combination of water, sewer, or storm drainage charges. B. Parks and Recreation Fees. A fee of one dollar ($1.00) per transaction for each registration for any parks and recreation program. For the purposes of this subsection, "transaction" shall mean the process of collecting and receipting fees and charges in the form of cash, check, or credit card payment for programs, services, or miscellaneous resale items 3 Ordinance Amending Code Fees offered by the parks and recreation department. The fee shall not apply to the following: 1. The fee shall not apply to any transactions or registrations at the Riverbend Golf Course; 2. The fee shall not apply to registrations or transactions with a total cost less than ten and 00/100 dollars ($10.00); 3. The fee shall not apply to drop-in transactions (such as, for example and without limitation, lunch at the Senior Center or one-time payment for use of the weight room at Kent Commons). C. For all other applications, permits, inspections, registrations, transactions and approvals established under the Kent City Code, the fee shall be established by council resolution. SECTION 4, - Amendment. Section 5.01.110 of the Kent City Code is amended as follows: Sec. 5.01.090. Application procedure, license fee. m ssuanEe ef a 'mEense and, when appFeved by the Eity Eeund', that sEhedu'e- -.._.. geveffl the -...--nt of the IiEen-- .--The city council shall, by resolution, establish the fees to be assessed to implement and operate the ee4e-sregulations adopted in this chapter. In the event of any conflict or ambiguity regarding any fees established by council resolution, the finance director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. 4 Ordinance Amending Code Fees B. All businesses operated not for profit shall be required to be licensed but shall be exempt from paying a business license fee upon satisfactory proof to the director of their not-for-profit status. C. The licensee shall make application for any business license required under this chapter to the director on a form prepared by the department, which application shall be accompanied by a receipt from the department showing payment of the required fee. A new business license shall be required annually. If the application for a new license is made within six (6) months of the date fixed for expiration, the fee shall be one-half the annual fee; provided, there shall be no reduction in the fee for a license renewal_ SECTION 35. — Amendment. Section 6.03.010 of the Kent City Code is amended as follows: Sec. 6.03.010. Fees designated. A. The city's public works department is responsible for the planning, design, construction, maintenance, and operation of a complex network of rights-of-way and public easements, including the placement of private utility facilities such as gas, electrical, telephone, fiber optic, and other lines and conduits. As a result of Kent ty ''& ' '^ ^'^, the public works and economic and community development departments isare responsible for the—plan review, plan approval, inspection, and acceptance of all construction within any public easement or right-of-way and all public works improvements, such as streets, sidewalks, and walkways, street lighting systems, storm drainage systems (public and private), and public and private utilities. According, the city incurs substantial costs in both time and materials to provide these services, and it is necessary and appropriate to charge fees for those services. TAs a result, the city council 5 Ordinance Amending Code Fees shall, by resolution, establish the fees to be assessed to implement and operate the codes adopted by this chapter. The resolution may require that certain fees be pre-paid and/or designated to be non-refundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. The ubli , .I.,- .1..pa Ft.. ent engpleys twenty th Fe . (23) Fell tinge equivalent engpleyees to aEEenqplish plan Feview, plan Eensultatien, plan Feview and inspeEtien fee On the angeunt of eight (8) peFEent of the this Eity staff tinge tO Feview and inspeEt eaEh individual app"Eatien. B. in lieu ef paying this eight (8) peFEent fee, the develeper�'appliEan wo" have a one (1) tinge only eptien to pay the Eity's aEtual EOStS fOF these seFViEes based on the EUFFent aveFage h0UFlY Fate of eighty five dellaFS fOF a" tinge inEUFFed by Eity staff fOF plan Feview, plan Eensultatien, plan EenStFUEted at the heffly Fate established above, even Of the final tetal C-B. In consideration of the mutual benefits received when another agency of the state (including, without limitation, counties, other cities, or special purpose districts) seeks to construct public improvements not intended for conveyance to the city but that will provide a regional benefit, 6 Ordinance Amending Code Fees the c will limit this fee to that portion of the work which affects the city's interests, concerns, and improvements within and abutting the city's rights-of-way.II F II be le T^--five hti�` dFed B6. in all a-- wee r�?n�ss t East estongates fOF eaEh publFE WOFIES ingpravementitem. These will be Feymew fee as established by Egesseelutleendepesit of fifty (50) peFEent of the E. WheFe the develepeFVappkant has opted to pay the Eity's aEtUal Eests based on the above stated h0UFlY Fate, a nenFefundable deposit e of this stun ate is due and payable befOFe the ..ityaPPFOYes StFUEtien e)EEeeds the angeunt deposited by the develepeF71appkant, the Eity shall boll the develeper�'appkant feF the angeunt due, and the develepeF71appkant shall pay that angeunt within thiFty (30) days of the date billed. Any angeunts unpaid afteF the thiFty (30) day due date shall be n9ay use any Fights OF Fengedies available undeF the law to EelleEt OF seek FeingbUFsengent of the angeunts due. in any event, the develepeF71appkant ....r. _ . -..._..__ to the _._, ___..._.. ._. _.___r__...__ OF __._. _ .___..ng _. 7 Ordinance Amending Code Fees FBC. Two (2) re-reviews of the construction plans are included with at4e pan review fee.when the __. _._r_., _rr..__.._ r-y- the eight (-) r-F--n- fee deSEFibed above but -a-Additional re-reviews, whether attributed to the developer's action or inaction, shall be charged at a Fate of eighty4K�e an hourly rate established by resolution. A certain number of inspection hours remay be designated for each inspection fee, 0ndudedwith themnspeEtien fee desEribed above—land inspection time over and above the ; designated number of hours, whether attributed to the developer's action or inaction, shall be charged at an hourly rate established by resolution. SECTION 6, - Amendment. Sections 6.06.040—.060 of the Kent City Code are amended as follows: Sec. 6.06.040. Permit requirements. A. Prior to issuance of any right-of-way permit for cutting any portion of city right-of-way, whether improved or not, the location first shall be inspected and approved by a c�t official. B. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or approval of any violation of the provisions of this chapter or any other ordinance or appropriate rule or regulation of the city. C. Every permit issued by the c�t under the provisions of this chapter shall expire ninety (90) days after issuance of 8 Ordinance Amending Code Fees the permit unless work has commenced or unless the permit has been extended. D. -The director of public works, or designate, may in writing suspend or revoke a permit issued under the provisions of this chapter whenever the permit was issued in error or on the basis of incorrect information supplied or in violation of any other ordinance or regulation of the city. Sec. 6.06.050. Permit and inspection fees and permit renewal. A. The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulationsee4es adopted in this chapter. By way of example, and without limitation, these fees shall apply to street cuts, curb cuts, sidewalk cuts, or any portion of city right-of-way, whether or not improved, and all utility work within the public right-of-way that involves cutting the public right-of-way. Utility work shall include, but not be limited to, work performed in association with gas, telephone, electric power, cable TV, water, stormwater, and sewer, and underground facilities._ The resolution may require that certain fees be pre-paid and/or designated to be non-refundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. 9 Ordinance Amending Code Fees B. Review and inspection fees may be limited to a set number of hours of staff time work. Any staff time incurred exceeding those hours of work may be subject to Aan additional hourly time charge will be n9ade wheFe ..totalFeview and eEtien tinge e)EEeeds SiX (6) M. UFS ��hThis extra charge will be invoiced to the applicant separately at the hourly rate as established by resolution. C. WheFeYeF When work for which a permit +swould be required by this chapter is commenced or performed PFieF tewithout first obtaining &u- that permit, the basic permit fee shall be doubled, but the payment for suEhthat double fee shall not relieve a-nythat person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state or federal law:~ }.h-ls=.".e� , including criminal penalties. Sec. 6.06.060. Specifications and special requirements. A. Specifications. All curb and street cuts shall be repaired to conform to the requirements of the latest version of the City of Kent Design and Construction Standards, as adopted by Kent City Code 6.02.010standaFd PFepaFed by the Washington State DepaFtngent Of TFanSpfftatien and the n9eFiEan PubliE ~'Es AsseEmatien. Copies of suEhthis publication Brand any additions or amendments therete are on file with the city clerk and available to the general public. B. Permittee's performance responsibility. In addition to all other requirements specified by this chapter or the latest version of the City of 10 Ordinance Amending Code Fees Kent Design and Construction StandardsStandaFd SpeEifiEatiens fOF Read, adopted in subsection (A) of this section, the permittee shall be responsible for restoration of the street, or curb, and all disturbed public right-of-way area to its original or better condition, including any required overlays as approved by the director of public works. The permittee shall finish petc*rcomplete the street or curb cut in accordance with the permit requirements immediately upon completion of the project. The permittee shall be responsible for defects or failure of the street or curb cut area for a period of on two (12) years following final€i++isf} inspection. C. Curb cut locations. The location of each curb cut must be approved by the c . The city reserves the right to deny any request to cut any curb. D. Special conditions. At the discretion of the director of public works or designate, one (1) or more of the following requirements may be specified when conditions require their use. Wherever such special conditions are required, they shall be set forth on the permit at the time of issuance or as an amendment to the permit in those instances where conditions requiring their use become known after the permit has been issued: 1. Curb cuts within the right-of-way shall be made only in areas and by methods approved by the public works director, or his or her designee. All improved or unimproved areas within the right-of-way shall be restored to an equal or better condition; 2. Excavated material shall be completely removed from the street surface; 11 Ordinance Amending Code Fees 3. Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the traffic engineer, and in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as amended, and shall be at the expense of the permittee; 4. One (1) or more traffic lanes shall be kept open at all times. Moving traffic shall be properly controlled by uniformed flagmen, if specified. Hours of operation during construction and restoration shall be as specified on the permit; 5. Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times; 6. Backfill and replacement of pavement or oiling of surface shall be done to the satisfaction of the public works director. Unless otherwise specified by the c , backfill material shall conform to the latest version of the City of Kent Design and Construction Standards '''"cam StFUEtie R, adopted in subsection (A) of this section; 7. The permittee must filgFiling of a surety indemnity bond approved by the c to protect the city to cover completion of the permit work during construction and throughout the two (2) year warranty period, and the Permittee must provide approved publle liability insurance naming the city as an additional insured in the amount specified on the face of the permit; O. A ^_M deposit On the _...__, t as speEified on the F^__ of the peffigit not to e)EEeed one thousand dellaFS ($1,000) to be n9ade to the ` l7, 12 Ordinance Amending Code Fees 98. Open cuts within the paved area will not be permitted; 3-G9. The construction inspector shall require that a temporary patch be made for thirty (30) days, and thereafter, a permanent patch will be placed by the permittee within five (5) days. SECTION 7. - Amendment. Sections 6.07.040 and 6.07.140 of the Kent City Code are amended as follows: Sec. 6.07.040. Construction and property development. A. Generally. No person shall be issued a project, building, grading, or fill permit without first obtaining a separate street use permit from the city except as follows: 1. An application is made for a permit to make an addition, alteration, or repairs to a single-family residence; or , FepaiF, OF ng 0 nOF addition (less than twenty thousand dellaFS ($20,000) 32. The director determines, in his or her discretion, that the issuance of a separate street use permit for each project, building, grading, or fill permit is not necessary to regulate the use on the public place. B. Moving of structures. Prior to application and issuance of a street use permit for any building or structure to be moved across, along, or upon any public place within the city and sited within the city, the 13 Ordinance Amending Code Fees applicant shall first obtain a building permit for the siting of such building or structure. Sec. 6.07.170. Permit and inspection fees. A. The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulationsee4es adopted in this chapter. This resolution may require that certain fees be pre-paid and/or non-refundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. The development, • Peffigits aFe issued annually. aFe issued annually. 14 Ordinance Amending Code Fees B. Where total inspection time exceeds two (2) hours, an extra charge shall be invoiced to the applicant at an hourly rate to beas established council resolution e)EtFa EhaFge shall inEFease to an h0UFlY Fate of seventy five dellaFS ($75) per he u . C. `" efevefWhen work for which a permit +swould be required by this chapter is commenced or performed prief-tewithout first obtaining strehthat permit, the basic permit fee shall be doubled, but the payment for suc that fee shall not relieve a*wthat person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state or federal law''~ , including criminal penalties. SECTION S. - Amendment. Sections 7.02.105, 7.02.160 and 7.02.170 of the Kent City Code are amended as follows: Sec. 7.02.105. Cross-connection - Annual inspection of system with backflow prevention device. The city's cross-connection control program provides that any cross-connection utilizing a backflow prevention device is to be inspected by the city annually. The purpose for this inspection requirement is to protect the city's public water supply from possible contamination. The annual administrative and inspection fee assessed, per backflow prevention device, shall be as established by council resolution. This fee +swill be based on the aural cost incurred by the city to conduct those inspections _The inspection fee shall be collected at the time of the annual testing of saidthe backflow prevention device(s) as described in the city's cross-connection program document on file either in the city clerk's office or with the public works 15 Ordinance Amending Code Fees department. In the event of any conflict or ambiguity regarding any fees authorized under this Chapter and established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. Sec. 7.02.160. Installation and connection charges inside city limits, permits and inspection fees. A. Tap charge - Connection by water utility._ Any property owner within the city limits applying for water service shall pay in full a tap charge. and a Rpermit review and inspection fee, plus a system development charge prior to issuance of the water service permit. _The tap charge will include the cost of connection and laying the pipe from the city water main to the property line of the property to which service is desired, or at a distance of sixty (60) feet from the main toward such property line, whichever is shorter. -The minimum tap charge so established for service installed by the water utility is as follows: 1. Two hundred seventy-five dollars ($275) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. Three hundred twenty-five dollars ($325) for each three- quarter (3/4) inch connection. 3. Three hundred fifty dollars ($350) for each one (1) inch connection. 4. Six hundred dollars ($600) for each one and one-half (1-1/2) inch connection. 5. Eight hundred dollars ($800) for each two (2) inch connection 16 Ordinance Amending Code Fees On any connection over two (2) inches, the minimum tap charge shall be the actual cost of the meter and installation, plus twenty-five (25) percent. B. Tap charge — Connection by licensed contractor. If the workload of the water utility as determined by the director of public works is such that the installation of the water connection would interfere with the proper operation and maintenance of the water system, the director of public works may require that the property owner employ a licensed contractor to make the connection and install the necessary line and materials except the water meter. All such water services shall meet or exceed the standards and specifications approved by the director of public works. The minimum tap charge is as follows: 1. One hundred dollars ($100) for each five-eighth (5/8) inch by three-quarter (3/4) inch connection. 2. One hundred twenty-five dollars ($125) for each three- quarter (3/4) inch connection. 3. One hundred seventy-five dollars ($175) for each one (1) inch connection. 4. Three hundred sixty dollars ($360) for each one and one-half (1-1/2) inch connection. 5. Five hundred dollars ($500) for each two (2) inch connection All such contractor-installed connections shall be guaranteed by the contractor for a period of one (1) year. 17 Ordinance Amending Code Fees C. System development charge. The system development charge is as follows: Charge Meter Effective Charge Effective Size Through April 1, (inches) March 31, 2009 2009 Less than $2,600 $5,949 1 1 $4,627 $14,872 1-1/2 $10,400 $29,743 2 $18,486 $47,589 3 $41,594 $95,179 4 $73,933 $148,717 5 $115,528 $222,932 6 $166,376 $297,434 8 $295,786 $475,894 10 $462,162 $654,354 After April 1, 2009, this system development charge will increase annually, on the first day of each calendar year, by an amount equal to the percentage increase in the Construction Price Index for Seattle-Tacoma- Bremerton for the twelve (12) months, October 31st through September 30th, of the previous calendar year. However, if (1) the city's fire marshal has required that, in conjunction with the city's issuance of a single-family residential building permit, the applicant must install a fire sprinkler system, and (2) the need for a meter size greater than three-quarters (3/4) of an inch is based solely on the fire marshal's requirement that the sprinkler system be installed, the single- 18 Ordinance Amending Code Fees family residential permit applicant shall pay only the system development charge listed above for a meter less than one (1) inch in diameter. It is not the city's intent to require an applicant to pay a higher system development charge when the larger meter size is needed only in the unusual event of a fire demand rather than for normal daily user demand. D. Permit and Inspection Fee. The city council shall, by resolution, establish the permit, inspection and other related fees to be assessed to implement and operate the regulationseedes adopted in this chapter. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. DE. Installation of undersized meter. _If an undersized meter is installed, a deduction will be allowed from the above charges, including system development charges, which will reflect the difference in cost between the undersized meter and the regular size meter._ All service material (including water meter) will remain the property of the city. EF. Tap change. _If the tap is changed to one of a larger size, the cost and expense of such charge must be paid before the larger size tap is installed. FG. Paving replacement - Charge. -If it becomes necessary during the installation of such connection on a time and material basis to break and replace either concrete or blacktop paving, then in each instance an additional charge shall be made to cover the cost of such repair. 19 Ordinance Amending Code Fees GH. Fee deferral. -Until December 31, 2013, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for initial sale, the owner of the subject real property may defer payment of the water system development charge in subsection (A) of this section, executing a first position lien in favor of the city in the amount of the water system development charge. The city shall record the lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single-family residence. An owner who chooses to defer the water system development charge must combine the lien with a lien deferring the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and drainage system development charge in KCC 7.05.165. Sec. 7.02.170. Installation and connection charges outside city. Any property owner outside the city limits applying for water service shall pay in full the tap charge, and a permit review and inspection fee, plus a system development charge prior to the issuance of a water service permit. The minimum charge established shall be the cost as established for inside the city limits plus fifty (50) percent, except the system development charge. The system development charge shall be the same as for inside city limits. SECTION 9, - Amendment. Sections 7.04.080, 7.04.100, and 7.04.110 of the Kent City Code are amended as follows: Sec. 7.04.080. Permit to owner, agent, or occupant to construct, extend, or repair sewer on private property. A. It shall be unlawful for any person to construct, extend, relay, repair, or make connections to private or lateral sewer on private property 20 Ordinance Amending Code Fees without obtaining a permit therefor as provided in this section and filing a scale drawing showing the location thereof. B. The c�t may issue a permit to the owner of any property to construct, extend, relay, repair, or make connections to a lateral or private sewer inside of the owner's property line and outside of the owner's property line lying within the city's right-of-way. Such owner shall comply with the applicable provisions of this chapter. The permit shall of M...,. nge effe Etoye unto' the installation pleted to the sati,-fa Etien Fitt ____..._ _Fitt_.. _ _.._.. _.._ ...___..__._.. ._ __"'.�.____ __ _.._ ___._.___._.. of the diFeEi0F. The director shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the director when the work is ready for final inspection, and before any underground portions are covered. The inspeEtien shall be n9ade wit __. _.._, two `. _, ..__._ afteF the . ___.p_ Of ..Fitt_.. ..__.__ _.. _____ to the diFeEteF. Work shall be done by the owner or a licensed contractor. Sec. 7.04.100. Permit and inspection fees. A. The city council shall, by resolution, establish the fees to be assessed to implement and operate the eedesregulations adopted in this chapter. twenty five dellaFS ($225). An additional charge will be made if review and inspection time exceeds three and one-half (3.5) hours. The hourly rate for this additional staff time shall be paid at the rate as established by council resolution. _. . _. _g_ _____. Fitt ., ____ fOF _ _, ___.. _"'.p._, __ to PF_____ these The fee shall be paid to the cittyfinanEe depaFtngent who shall issue a FeEe0 pt. Su_.". FeEeipt ...__} be filed with the .1..pa-anent of publiE aKerks before the permit is issued._ In the event of any conflict or 21 Ordinance Amending Code Fees ambiguity regarding any fees authorized under this chapter and established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. B. The fees for permits to construct, install, or repair septic tanks shall be those established by the Seattle-King County department of public health. These fees shall be paid directly to that department. C. WhefevefWhen work for which a permit +swould be required by this chapter is commenced or performed without first obtaining stFehthat permit, the basic permit fee shall be doubled, but the payment for stFehfthat double fee shall not relieve aftythat person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state, or federal law4ft±his-eh-apter, including criminal penalties. Sec. 7.04.110. Permit renewal fees. In case work shall not be done or completed within the time specified in any permit and no extension theFeef has been granted, a renewal of the permit shall be required for which a fee equal to half of the review fee. A maximum of two renewals are allowed. SECTION 10. - New Section. Section 11.06.045 is added to chapter 11.06, to read as follows: Sec. 11.06.045. Review and inspection fees. The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. The resolution may require that certain fees be pre-paid and/or designated to be non- refundable because staff time and materials will be expended whether or 22 Ordinance Amending Code Fees not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees authorized under this chapter and established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. SECTION 11. — New Section. Section 12.01.055 is added to chapter 12.01, to read as follows: Sec. 12.01.055. Fees. The city council, shall, by resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. The resolution may require that certain fees be pre-paid and/or designated to be non-refundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees authorized under this chapter and established by council resolution, the planning director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity. SECTION 12. — Severability. If any one or more section, subsection, or sentence 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. 23 Ordinance Amending Code Fees SECTION 14. - Effective Date. This ordinance shall take effect and be in force on January 1, 2012, which is more than five (5) days from and after its passage and publication. 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\Code Fee Amendments 120511.docx 24 Ordinance Amending Code Fees ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 3.18.020 reallocating utility taxes for the maintenance and operation of street lights and fire hydrants. RECITALS A. The Washington Supreme Court recently determined that providing fire hydrants and fire suppression systems as well as street lights are general government services payable out of the city's general fund. B. Because some of these costs were previously carried by the city's water utility, it is appropriate to raise and reallocate the city utility tax to provide additional general fund revenue to cover these costs. C. The city council has determined to raise its utility taxes by four percent (4%). This tax will not raise rates. Rather it will shift some existing revenue from the utility tax account into the general fund, where that new revenue will help pay for these street lighting and fire system costs, some of which were previously paid by the utility. D. In order to assure that this additional revenue is applied conservatively, restrictions will be put in place to assure that these 1 Utility Taxes — Ch. 3.18 Allocation Adjustment Ordinance revenues are only allocated to paying the cost to install, operate, maintain and repair street lighting, fire hydrants, and fire suppression systems in the city. E. Further, any general fund revenues freed up by the infusion of this additional utility revenue will be allocated to the city's capital improvement fund(s). All transferred monies that become available in the reallocated capital improvement fund accounts must be applied equally to (1) information technology capital programs directed at funding long and short-term hardware and software replacement and (2) street capital programs, but further restricted to funding street maintenance, repair, and signage only. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 3.180.020 of the Kent City Code is amended as follows: Sec. 3.18.020. Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, the city levies upon all persons, firms, or corporations (including the city) engaged in certain business activities a utilities tax to be collected as follows: 1. Upon every person, firm, or corporation engaging in or carrying on any telephone business within the city, an annual tax equal to 2 Utility Taxes — Ch. 3.18 Allocation Adjustment Ordinance six (6) percent of the total gross income, including revenues from intrastate toll, derived from the operation of such business within the city. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1.0) percent to street improvement programs. 2. Upon every person, firm, or corporation engaging in or carrying on a business of selling, wheeling, furnishing, distributing, or producing gas, whether manufactured or natural, for commercial or domestic use or purposes, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which the license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three-tenths (0.3) percent to youth/teen programs, and one (1.0) percent to street improvement programs. 3. Upon every person, firm, or corporation engaged in or carrying on the business of selling, wheeling, furnishing, or distributing electricity for light and power, a fee or tax equal to six (6) percent of the total gross income from such business in the city during the tax year for which a license is required. This six (6) percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, three- tenths (0.3) percent to youth/teen programs, and one (1.0) percent to street improvement programs. 4. Upon every person, firm, or corporation engaging in or carrying on a business providing solid waste collection services, a tax equal to seven and eight-tenths (7.8) percent of the total gross income from such business in the city during the tax year for which the license is required. This seven and eight-tenths (7.8) percent tax will be allocated 3 Utility Taxes — Ch. 3.18 Allocation Adjustment Ordinance as follows: six and one-half (6 1/2) percent to the general fund, three- tenths (0.3) percent to youth/teen programs, and one (1.0) percent to street improvement programs. 5. Upon every person (including the city) engaging in or carrying on the business of selling, furnishing, or distributing water, sewer, or drainage services, a tax equal to sip (6) ten (10) percent of the total gross income from such business in the city during the tax year. _This six{f)-ten 10 percent tax will be allocated as follows: four and seven-tenths (4.7) percent to the general fund, four (4) percent to the general fund, only for the installation, operation, maintenance and repair of street lighting, fire hydrants, and fire suppression systems, three-tenths (0.3) percent to youth/teen programs, and one (1.0) percent to street improvement programs. The four (4) percent allocation for street lighting and fire hydrants and suppression is further contingent on the requirement that the city allocate the funds freed up by this revenue to the city's capital improvement fund(s). All transferred monies that become available in these reallocated capital improvement fund accounts must be applied equally to (1) information technology capital programs directed at funding long and short-term hardware and software replacement and (2) street ovef6i-y---ca Pita I programs, but further restricted to funding street maintenance, repair, and signage only. If the cost to install, operate, maintain, and repair street lighting, fire hydrants, and fire suppression systems is less than the four percent (4%) allocation for these purposes, the full four percent (4%) amount must still be allocated from the general fund to capital programs for the above-stated purposes. B. In computing the tax provided in subsection (A), the taxpayer may deduct from total gross income the following items: 4 Utility Taxes - Ch. 3.18 Allocation Adjustment Ordinance 1. The actual amount of credit losses and uncollectible receivables sustained by the taxpayer. 2. Amounts derived from the transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and Constitution of the United States. SECTION 2, — Severabiiity. 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 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 beginning January 1, 2012, which is more than (5) days after its passage and publication. SUZETTE COOKE, MAYOR 5 Utility Taxes — Ch. 3.18 Allocation Adjustment Ordinance ATTEST: BRENDA JACOBER, CITY CLERK 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 P:\Civil\Ordi na nce\Uti lityTa x KCC3 180 10.docx 6 Utility Taxes — Ch. 3.18 Allocation Adjustment Ordinance ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 7.05.090 of the Kent City Code to reduce the scheduled rate increase for storm water utility fees from a 15% increase to a 5% increase for 2012 and to adjust the fee schedule for 2013 — 2015 accordingly. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 7.05.090 of the Kent City Code entitled "System of Charges" is amended to reduce the rate increase for 2012 for storm water utility fees and to adjust years 2013 — 2015 as follows: 1 Stormwater Utility Fees Amend KCC 7.05.090 Sec. 7.05.090. System of charges. A. There is hereby imposed a system of charges on each parcel of real property within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement, and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt. B. The following charges are hereby established for all parcels of real property in the city: 1. Sinale-family Residential parcels. The single-family residential rate shall be as follows: Charged in Dollars Per Month, Per Sinale-Family Residential Dwelling Effective Effective Effective Effective January 1, April 1, January 1, January 1, 2007 2009 2010 2011 $2.57 $8.75 $10.06 $10.06 plus the basin- specific charge of subsection (B)(5) of this section. Effective Effective Effective Effective January 1, January 1, January 1, January 1, 2012 2013 2014 2015 $44—.S-710.56 $13—.3-1-12.14 $15:3913.96 $3q—.5916.05 The basin-specific charge set forth under subsection (13)(5) of this section shall apply to residential dwellings through March 31, 2009, but shall be eliminated after that date. 2 Stormwater Utility Fees Amend KCC 7.05.090 2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate. Undeveloped parcels shall not be charged. 3. Other parcels. a. The charge for all other parcels except single-family residential parcels, agricultural parcels and undeveloped parcels shall be based upon: i. The total amount of impervious surface as expressed in equivalent service units (an equivalent service unit (ESU) has been determined to be two thousand five hundred (2,500) square feet of impervious surface or any fraction thereof); and ii. The percentage of impervious surface area on each parcel. b. The charge for all such parcels shall be computed: i. By multiplying the total number of ESUs on each parcel by the parcel's impervious multiplier established in subsection (B)(3)(c) of this section; and ii. Multiplying the results by the sum of the single-family residential rate, if any. c. Impervious multipliers are hereby established: 3 Stormwater Utility Fees Amend KCC 7.05.090 L Percentage of impervious area per parcel (impervious surface/total surface x Impervious 100) multiplier 1 to 40 1 41 to 60 1.2 61 to 80 1.4 81 to 100 1.6 ii. Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel. The multiplier for the average single-family residence is established as one (1). The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of one and six-tenths (1.6) which reflects the hydraulic impact on the drainage system compared to the impact of an average single-family residence. 4. Road systems. The impervious surface area for city roads shall be assessed thirty (30) percent of the charge established in subsection (B)(3) of this section for impervious service areas. 5. Basin-specific charges. The city shall have all lawful powers and authorities to fix, alter, regulate and control charges within specific basins 4 Stormwater Utility Fees Amend KCC 7.05.090 and subbasins. The purpose of the power and authority granted in this section is to provide for charging parcels of one (1) basin or subbasin for improvements, studies or extraordinary maintenance which specifically and solely benefit the property owners thereof. The following basin- specific charges shall be assessed and collected through March 31, 2009: Charged in dollars per equivalent service unit, per month Effective Effective Date Date January January Basin 1, 2007 1, 2008 Westside 0 $0.10 $1.68 K, L, M, $0.15 $1.68 D, E, F, P & N Eastside Mill Creek Upper $4.27 $4.27 (G) Lower $5.05 $5.05 (A) Valley $5.05 $5.05 Det. (Q) Garrison Creek Lower $2.12 $2.12 (B) Upper (J $1.94 $1.94 & I) 5 Stormwater Utility Fees Amend KCC 7.05.090 Direct (C) $2.23 $2.23 Soos Creek (H) $4.35 $4.35 Effective April 1, 2009, these basin-specific charges shall no longer apply, and the city will assess and collect the new single-family residential rate established in subsection (13)(1) of this section. The boundaries of the described basins are generally indicated on Attachment A to Ordinance No. 3461, which is on file with the city clerk. The boundaries of the basins and subbasins are generally defined and on file in the city clerk's office. The detailed definitions thereof are reflected on maps filed in the engineering division of the public works department, which are available to the public for review and/or copying during normal business hours. 6. Water quality charges. a. The city hereby authorizes and declares its intent to establish a water quality charge which may be added to any or all of the above rates. The purposes of such a charge will be to finance monitoring, testing, treatment, and control of pollutant discharges into the storm and surface water system, including the exercise of all lawful enforcement powers of the city. A plan for developing such charges, and a schedule and budget for this project, shall be submitted to the city council for review and approval before enactment. b. Such charges should be based upon appropriate indices of pollutant discharges which approximate each parcel's contribution to the problem of water quality within storm and surface water facilities including all receiving waters. 6 Stormwater Utility Fees Amend KCC 7.05.090 7. Undeveloped parcels shall be subject to all charges established under this section upon development. Development shall be determined by the date of issuance of a building permit or any other permit for development purposes or as otherwise established by the director of public works. SECTION 2, The adjusted fees are for service beginning January 1, 2012. SECTION 3, — Savings. The existing section 7.05.090 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors, references to other local, state or federal laws, codes, rules or regulations; or ordinance numbering and section/subsection numbering. SECTION 6.— Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR 7 Stormwater Utility Fees Amend KCC 7.05.090 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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\Storm Surface Water Utility Ordinance 12-2011.docx 8 Stormwater Utility Fees Amend KCC 7.05.090 w," Agenda Item: Other Business - 8G TO: City Council DATE: December 13, 2011 SUBJECT: Comprehensive Plan Amendment to Include 2012-2017 Capital Improvement Plan Ordinance MOTION: Move to adopt Ordinance No. amending the Capital Facilities Element of the Comprehensive Plan to include the City's Capital Improvement Plan for 2012 - 2017. SUMMARY: This ordinance amends the Capital Facilities Element to include the City's Capital Improvement Plan for 2012 - 2017. EXHIBITS: Ordinance and its referenced exhibits; and SEPA addendum and adoption RECOMMENDED BY: Staff BUDGET IMPACTS: None ORDINANCE NO.______ AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital improvement projects (2012-2017) (CPA-2011-2). RECITALS A. The State of Washington Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW 36.70A.130(2)(a)(iv)). C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the City's budget and allowing the City Council to hold the public hearing instead of the Land 1 Comprehensive Plan Amendment to the Capital Facilities Element for 2012-2017 Capital Improvements Use and Planning Board. D. The City of Kent Finance Department has submitted proposed amendments to the Capital Facilities Element of the Comprehensive Plan to identify a six-year plan for capital improvement projects, including costs and revenue sources. E. After providing appropriate public notice, the City Council of the City of Kent conducted a public hearing on November 15, 2011, to consider the six-year plan for capital improvements and the requested amendment to the Comprehensive Plan and its Capital Facilities Element. F. On October 10, 2011, the City provided the State of Washington the required sixty (60) day notification under RCW 36.70A.106 of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan. The sixty (60) day notice period has lapsed. G. On November 4, 2011, the City's SEPA responsible official adopted existing environmental documents consisting of the City of Kent Comprehensive Plan Environmental Impact Statement (EIS) Draft and Final (ENV-93-51) and a SEPA Addendum, dated November 4, 2011. The SEPA Addendum explained that the proposed amendment would not create unavoidable impacts beyond those previously identified in the EIS. H. On December 13, 2011, the City Council for the City of Kent approved the Capital Facilities Element amendment to the Kent Comprehensive Plan (CPA-2011-2) to reflect a six-year plan for capital improvement projects (2012-2017). 2 Comprehensive Plan Amendment to the Capital Facilities Element for 2012-2017 Capital Improvements NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Amendment. The City of Kent Comprehensive Plan and its Capital Facilities Element are hereby amended to reflect a six-year plan for capital improvement projects (2012-2017), as set forth in Exhibit "A" attached and incorporated by this reference (CPA-2011-2). SECTION 2, - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR 3 Comprehensive Plan Amendment to the Capital Facilities Element for 2012-2017 Capital Improvements ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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\Ordi no nce\Comp Pla rr mend-Ca pity lIm prove Pla n2012.docx 4 Comprehensive Plan Amendment to the Capital Facilities Element for 2012-2017 Capital Improvements 2012 =2017 Capital Improvement Program �- KENT W A S H I N G T O N FINANCE December 6, 2011 2012 - 2017 Capital Improvement Program Amounts in 000's 2012 2013 2014 2015 2016 2017 Total Sources of Funds Capital Improvement Fund 835 2,952 15,452 2,734 2,110 1,612 25,695 Technololgy Fees 240 240 240 240 240 240 1,440 Utility Funds 11,450 9,725 12,325 12,925 13,125 13,425 72,975 Facilities Fund 260 600 490 890 315 265 2,820 Street Revenue 155 50 150 250 350 450 1,405 Grants 180 685 2,990 1,605 1,655 455 7,570 Revenue Bonds 14,050 0 0 0 0 0 14,050 Other Sources 22,081 40,327 31,355 24,654 24,624 23,645 166,686 Total Sources of Funds 49,251 54,579 63,002 43,298 42,419 40,092 292,641 Projects General Government 3,462 1,785 1,675 2,005 1,380 1,330 11,637 Public Safety 0 1,250 13,500 200 25 175 15,150 Transportation 7,720 13,550 16,750 13,300 12,000 12,000 75,320 Parks, Rec, and Comm Svcs 5,357 4,664 6,897 9,363 11,054 8,627 45,962 Utilities 32,712 33,330 24,180 18,430 17,960 17,960 144,572 Total Projects 49,251 54,579 63,002 43,298 42,419 40,092 292,641 Sources of Funds Projects 25% 0% 1% 3% 0% 5% 16% 49% III�IVI�II�I�� 9% �`� ✓(,�Y.l �oowopiplpQ101pV1� �� Il�11tim 57% Z/ I Capital Improvement Fund 5% 4% Technololgy Fees In General Government x Utility Funds IIIIII Public Safety IIIIII Facilities Fund Transportation Street Revenue Illlllf1 Parks, Rec,and Comm Svcs Illlllf1 Grants Revenue Bonds Utilities I1111 Other Sources Page 1 12/06/11 General Government 2012 - 2017 Capital Improvement Program Amounts in Thousands 2012 2013 2014 2015 2016 2017 Total Sources of Funds CIP Revenues 260 145 145 75 25 25 675 Technology Fees 240 240 240 240 240 240 1,440 Proposed Revenue - 6% Cable Utility Tax 0 Facilities Revenues (Internal) 260 600 490 890 315 265 2,820 Source To Be Determined 2,702 800 800 800 800 800 6,702 Total Sources of Funds 3,462 1,785 1,675 2,005 1,380 1,330 11,637 Projects Funded Facilities Centennial Center Upgrades 45 45 50 140 City Hall Entry Replacement 0 Corrections Portable Back-up Power Conn. 0 Emergency Facility Repairs (Lifecycle) 50 100 100 100 100 100 550 Facilities Card Access 75 75 150 Floor Covering Replacements (Lifecycle) 150 250 200 50 650 HVAC Lifecycle Replacements (Lifecycle) 75 150 50 50 75 50 450 Kent Pool Improvements 25 25 25 25 25 25 150 Kitchen Equipment (Lifecycle) 25 25 25 25 25 125 Parks Maintenance Renovation 35 35 Roof Repairs (Lifecycle) 75 450 25 550 Sealcoat Parking Lots (Lifecycle) 35 100 65 65 65 65 395 Security Camera Software Upgrade 40 40 Senior Center Upgrades 0 Technology Hardware Lifecycle Replacements 260 375 375 375 375 375 2,135 Software Business System Replacements 0 400 400 400 400 400 2,000 Long-Term Lifecycle Replacements 240 265 265 265 265 265 1,565 Telephone System Replacement 930 930 IT Data Center/ Service Desk 177 177 Chambers Video /Audio Replacement 395 395 Permit/CSDC Project 1,200 1,200 Total Projects Funded 3,462 1,785 1,675 2,005 1,380 1,330 11,637 Page 2 12/06/11 Public Safety 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds CIP Revenues 1,250 13,500 200 25 175 15,150 Total Sources of Funds 0 1,250 13,500 200 25 175 15,150 Projects Funded Police Services Pursuit Intervention Technique Equil 1 25 25 Ergonomic Work Stations 3 25 25 25 25 100 Crime Scene Van Replcmnt/Equip Ul 4 75 75 Robotic Laser Scanning Total Statior 6 50 50 CKCF Renovation 15 500 5,500 6,000 Police /Fire Training Center Citywide Driving Simulator 5 150 150 Training Center Classroom Upgrade: 7 25 25 Expansion Police/Fire Training CentE 14 750 7,890 8,640 Other Public Safety Work Crew Van/Trailer Equipment 2 60 60 Annex Furniture Upgrades 8 25 25 Total Projects Funded 0 1,250 13,500 200 25 175 15,150 Page 3 12/06/11 Transportation 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds Street Revenues 155 50 150 250 350 450 1,405 Sources To Be Determined 7,565 13,500 16,600 13,050 11,650 11,550 73,915 Total Sources of Funds 7,720 13,550 16,750 13,300 12,000 12,000 75,320 Projects Funded Arterials S 224th Street Improvements 10 2,000 2,000 2,000 2,000 8,000 Southeast 256th Street 11 750 750 1,500 72nd Avenue 12 50 50 500 800 1,400 S 212th Bridge Repair 13 1,000 1,000 S 228th Grade Separation 14 100 1,000 2,000 3,100 Other Transportation Paint Striping 1 100 100 Sign Replacement 2 70 70 Asphalt Overlays 3 3,000 8,000 8,000 8,000 8,000 8,000 43,000 Sidewalk Replacement 4 2,000 2,000 2,000 2,000 2,000 2,000 12,000 Transit Service 5 235 235 Railroad Quiet Zone 6 1,000 1,250 750 3,000 Repair/Replace Transit Control E 7 120 390 500 500 1,510 Battery Backup 8 120 110 230 Traffic Interconnect & Performar 9 175 175 Total Projects Funded 7,720 13,550 16,750 13,300 12,000 12,000 75,320 Page 4 12/06/11 Parks, Recreation & Community Services 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds CIP REET2 Revenues 315 1,207 1,657 1,309 1,910 762 7,160 CIP Revenues 260 350 150 1,150 150 650 2,710 Washington State Grant 500 2,300 1,500 1,650 450 6,400 King County Grant 175 180 185 50 590 Other Grant 5 5 505 55 5 5 580 Donations / Contributions 10 10 10 10 10 10 60 Source To Be Determined 4,592 2,412 2,090 5,289 7,329 6,750 28,462 Total Sources of Funds 5,357 4,664 6,897 9,363 11,054 8,627 45,962 Projects Funded Sports Fields Wilson Playfields Renovation 26 1,600 1,600 Valley Floor Athletic Complex Dev 44 1,000 1,000 Community Parks Community Sports Fields 3 3,200 200 4,000 7,400 Urban Forestry Program/Green Kent 4 20 20 20 20 21 21 122 Adopt-A-Park Volunteer Program 8 40 41 41 42 42 43 249 Kent Parks Foundation 10 25 25 25 25 25 25 150 Life Cycle - Trails 13 9 9 9 9 9 9 54 Kent City Gateways 14 50 50 50 50 50 50 300 Mill Creek/Greenway Plan & Renovatioi 19 250 500 550 550 1,850 Russell Road Parking Lot 20 200 200 Lake Meridian Park Dock Replacement 21 150 1,150 1,000 2,300 Van Doren's Park Improvements 24 150 530 680 East Hill Park Land Acquistion 27 200 500 700 Clark Lake Development 30 50 1,000 1,050 West Fenwick Park Renovation 33 100 600 700 International Parks Acquistion 34 50 50 Kent Memorial Park Renovation 36 200 1,500 1,700 Wilson Playfields Acquistion 38 500 500 Valley Floor Athletic Complex Acquistic 39 500 500 Russell Road Renovation 42 3,800 3,800 Eagle Creek Park Development 43 100 900 1,000 Page 5 12/06/11 Parks, Recreation & Community Services 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Neighborhood Parks Community Parks Reinvestment Progrz 6 100 100 100 100 100 100 600 Clark Lake Land Acquisition 17 500 1,000 1,500 Seven Oaks Park Renovation 18 103 103 North Meridian Park Renovation 22 603 603 132nd Street Park Development 23 100 1,700 300 2,100 Huse Property Development 25 50 100 1,000 600 1,750 Springwood Park Improvements 28 100 450 550 West Hill Park Development 29 100 1,820 1,920 Tudor Square 32 181 181 Meridian Glen Renovation 35 175 175 Panther Lake PAA Park Acquistion 37 500 500 1,000 Green Tree Park Renovation 40 130 130 Scenic Hill Park Renovation 41 170 170 Kiwanis Tot Lot #3 Renovation 45 100 100 Garrison Creek Renovation 46 431 431 Park Orchard Park Renovation 48 175 175 Lifecycle Renovations Life Cycle Park System 1 250 250 250 250 250 250 1,500 Event Center Lifecycle 2 300 300 300 300 300 300 1,800 Planning-Architecture & Engineering Master Plans 7 25 25 25 25 25 25 150 Regional Trails - Levy Program 13 175 180 185 540 Architect/Engineering 15 10 10 10 10 10 10 60 Lake Fenwick Park Renovation 16 200 1,200 1,400 Park and Open Space Plan 31 25 25 Other Parks, Recreation &Comm Grant Matching Funds/Land Acq. 5 75 75 75 75 75 75 450 Eagle Scout Volunteer Program 9 25 26 26 27 27 28 159 Old Fishing Hole Renovation 47 42 42 Replacement, Renovation at Misc. Park 49 2,443 2,443 Total Projects Funded 5,357 4,664 6,897 9,363 11,054 8,627 45,962 Page 6 12/06/11 Utilities Water Supply & Distribution 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds Water Revenues 3,000 3,050 3,050 3,350 3,450 3,450 19,350 Source To Be Determined 7,212 11,280 6,130 1,580 1,510 1,510 29,222 Total Sources of Funds 10,212 14,330 9,180 4,930 4,960 4,960 48,572 Priority 2012 2013 2014 2015 2016 2017 Total Projects Funded Water Supply& Distribution 228" Road Restoration 1 750 750 East Hill Pressure Zone 2 3,000 7,000 2,500 12,500 256" Water Main Improvements 3 500 500 Clark Springs Transmission Main 4 500 500 Blue Boy Reservoir Fall Protection 5 15 15 Guiberson Reservoir Replacement 6 3,500 2,250 2,250 8,000 Rock Creek Mitigation Projects 7 185 300 300 300 300 300 1,685 Miscellaneous Water Replacements 8 500 2,000 2,000 2,000 2,000 2,000 10,500 Derbyshire Water Main 9 500 500 1,000 Landsburg Mine 10 250 250 100 100 100 100 900 Pump Station #4 Generator 11 125 125 Pump Station #5 Valve 12 12 12 Water Conservation Plan 13 25 30 30 30 30 30 175 Spoils Disposal Equipment 14 200 200 Seismic Study Upgrades 15 150 150 Land Acquisition 16 2,000 2,000 2,500 2,500 2,500 11,500 Hydrant Replacement 17 30 30 60 Total Projects Funded 10,212 14,330 9,180 4,930 4,960 4,960 48,572 Page 7 12/06/11 Utilities Sewer 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds Sewer Revenues 1,250 875 975 1,075 1,075 1,175 6,425 Revenue Bonds 3,250 3,250 Source To Be Determined 3,125 3,025 2,425 1,925 1,825 12,325 Total Sources of Funds 4,500 4,000 4,000 3,500 3,000 3,000 22,000 2012 2013 2014 2015 2016 2017 Total Projects Funded Sewer Skyline Pump Station 1 100 1,000 1,100 Miscellaneous Pipe Replacement 2 2,900 1,500 3,000 2,000 3,000 3,000 15,400 Linda Heights Pump Station 3 1,500 1,500 Horseshoe Pump Station Replacement 4 1,500 1,500 Kentview Pump Station Replacement 5 1,000 1,000 Misc Pump Station Upgrades 6 1,500 1,500 Total Projects Funded 4,500 4,000 4,000 3,500 3,000 3,000 22,000 Page 8 12/06/11 Utilities Stormwater Management 2012 - 2017 Capital Improvement Program Amounts in Thousands Priority 2012 2013 2014 2015 2016 2017 Total Sources of Funds Drainage Revenues 7,200 5,800 8,300 8,500 8,600 8,800 47,200 Revenue Bonds 10,800 10,800 Source To Be Determined 9,200 2,700 1,500 1,400 1,200 16,000 Total Sources of Funds 18,000 15,000 11,000 10,000 10,000 10,000 74,000 2012 2013 2014 2015 2016 2017 Total Projects Funded Stormwater Management South 228"' Drainage Bypass 2 2,000 1,200 3,200 Green River Levee Repair 3 3,000 3,000 NPDES 4 265 270 380 380 400 400 2,095 Upper Mill Creek Dam Improven 5 2,500 600 3,100 Miscellaneous Storm Replaceme 6 1,500 1,500 1,500 1,500 1,500 1,500 9,000 Drainage Portion of Street Imprc 7 1,000 1,150 1,000 2,000 2,000 2,000 9,150 Storm Pipe/Culvert Maintenance 8 1,500 1,000 400 400 400 400 4,100 Mill Creek/James Street Pump S 9 2,500 2,500 Citywide Pond Maintenance 10 1,000 500 400 400 400 400 3,100 Upper Russell Raod Levee 11 1,000 1,000 2,000 Lower Russell Road Levee 12 1,000 1,000 2,000 Mill Creek @ James Flood Protec 13 235 2,800 1,900 4,935 Lower Garrison Creek Bridge 14 500 1,000 1,000 2,500 Boeing Levee 15 200 200 Riverview Park Channel 16 100 100 Mill Creek Auburn Back Channel 17 80 200 280 Briscoe/Desimone Levee 18 1,000 1,200 720 2,920 GRNA Improvements 19 600 1,500 1,200 3,300 Creek Conveyance Restoration 20 1,000 1,000 1,000 1,000 1,000 5,000 Downey Farmstead Side Channe 21 120 300 420 Smith to James Stream Restorat 22 200 1,000 1,200 761h Ave Stream Improvements 23 200 800 3,000 1,500 5,500 Kent Airport Levee 24 300 300 600 South 212"' Levee 25 300 300 Big Soos Creek Bridge Replacerr 26 500 2,000 2,500 Senior Center Conveyance 27 200 800 1,000 Total Projects Funded 18,000 15,000 11,000 10,000 10,000 10,000 74,000 Page 9 12/06/11 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director ® Charlene Anderson, AICP, Manager T Phone: 253-856-5454 WASNINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 CITY OF !CENT ADDENDUM TO THE KENT COMPREHENSIVE PLAN ENVIRONMENTAL IMPACT STATEMENT Responsible Official: Charlene Anderson SCOPE The City of Kent has completed environmental analysis, pursuant to the State Environmental Policy Act (SEPA), for an amendment of the Capital Facilities Element of the Comprehensive Plan to include the City's 2012-2017 Capital Improvement Plan (CIP). This amendment to the Capital Facilities Element is occurring concurrently with the adoption of the City's 2012 operating budget as provided by RCW 36.70A.130. The GMA requires cities and counties to approve and maintain a six (6) year capital facilities plan which includes requirements for specific types of capital facilities, measurable levels-of-service (LOS) standards, financial feasibility, and assurance that adequate facilities are provided as population and employment growth occurs. Kent's annual budget document and six-year CIP fulfill the GMA requirement for facilities planning. In addition, these documents serve as a foundation for the city's fiscal management and eligibility for grants and loans. The CIP and annual budget, along with the Capital Facilities Element of the Comprehensive Plan provide coordination among the city's many plans for capital improvements. The annual budget and six-year CIP contain broad goals and specific financial policies that guide and implement the provisions for adequate public services and facilities. The six-year CIP is a funding mechanism to implement projects and programs identified in the City's Comprehensive Plan. Specifically, the Capital Facilities Element of the Comprehensive Plan contains goals and policies related to the provision and maintenance of public services and capital facilities which are necessary to support the projected growth over the next twenty (20) years. The goals and policies of the Capital Facilities Element are consistent with the Land Use, Transportation and Parks and Open Space Elements. The Comprehensive Plan EIS, draft and final, evaluated the growth potential as identified in the City's Comprehensive Plan. The adoption of the six-year CIP concurrently with the city's annual budget is consistent with the Comprehensive Plan EIS - Addendum Capital Improvement Program 2012-2017 Comprehensive Plan EIS analysis as the types of projects and programs identified in the CIP are specifically related to the growth projections in the Comprehensive Plan and EIS. SEPA COMPLIANCE In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of Scoping for the Comprehensive Plan (ENV-93-51). After a series of public meetings, a Draft Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and Planning Commission members, adjacent jurisdictions, affected agencies and other parties of interest. After comments on the DEIS were solicited and reviewed, a Final Environmental Impact Statement (FEIS) was issued and distributed on January 30, 1995. This Addendum to the Kent Comprehensive Plan EIS evaluates the adoption of the six-year CIP. No additional impacts are identified since the CIP implements projects and programs identified and evaluated in the City's Comprehensive Plan and Comprehensive Plan EIS. STATEMENT OF CONSISTENCY Future projects associated with the CIP will be subject to and shall be consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, International Fire Code, International Building Code, Public Works Standards and all other applicable laws and ordinances in effect at the time a complete project permit application is filed. ENVIRONMENTAL REVIEW - BACKGROUND The City of Kent has followed the process of phased environmental review as it undertakes actions to implement the Comprehensive Plan. The State Environmental Policy Act (SEPA) and rules established for the act, WAC 197- 11, outline procedures for the use of existing environmental documents and preparing addenda to environmental decisions. Nonproject Documents - An EIS prepared for a comprehensive plan, development regulation, or other broad based policy documents are considered "non-project," or programmatic in nature (see WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for specific project actions, such as a building permit or a road construction project. The purpose of a non-project EIS is to analyze proposed alternatives and to provide environmental consideration and mitigation prior to adoption of an alternative. It is also a document that discloses the process used in evaluating alternatives to decision-makers and citizens. Phased Review - SEPA rules allow environmental review to be phased so that review coincides with meaningful points in the planning and decision making process, (WAC 197-11-060(5)). Broader environmental documents may be followed by narrower documents that incorporate general discussion by reference and concentrate solely on issues specific to that proposal. SEPA Page 2 of 4 Comprehensive Plan EIS - Addendum Capital Improvement Program 2012-2017 rules also clearly state that agencies shall use a variety of mechanisms, including addenda, adoption and incorporation by reference, to avoid duplication and excess paperwork. Future projects identified and associated with the implementation of the Capital Improvement Program may require individual and separate environmental review, pursuant to SEPA. Such review will occur when a specific project is identified. Prior Environmental Documents - The City of Kent issued a Draft Environmental Impact Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (#ENV-93-51). The DEIS analyzed three comprehensive plan land use alternatives, and recommended mitigation measures, which were used in preparing comprehensive plan policies. The preferred land use alternative which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of the DEIS, (the mixed-use alternative). A Final Environmental Impact Statement (FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on April 18, ---.— �, 1995. Scope of Addendum - As outlined in the SEPA rules, the purpose of an addendum is to provide environmental analysis with respect to the described actions. This analysis builds upon the Comprehensive Plan EIS but does not substantially change the identified impacts and analysis; therefore it is prudent to utilize the addendum process as outlined in WAC-197-11- 600(4)(c). ENVIRONMENTAL ELEMENTS All environmental elements were adequately addressed within the parameters of the City of Kent Comprehensive Plan EIS, draft and final. Further, subsequent "project" actions would require the submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for consistency with the original mitigating conditions and may require new mitigation based upon site-specific conditions. The adoption of the six-year CIP implements goals and policies identified in the City's Capital Facilities Element of the Comprehensive Plan. Specifically, the CIP implements the following: Goal CF-1 - As the City of Kent continues to grow and develop, ensure that an adequate supply and range of public services and capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. Policy CF1.2 - Ensure that public services and capital facilities needs are addressed in updates to the Capital Facilities Plans and Capital Improvement Programs, and development regulations as appropriate. Goal CF-4 - Ensure that appropriate funding sources are available to acquire or bond for the provision of needed public services and facilities. Page 3 of 4 Comprehensive Plan EIS - Addendum Capital Improvement Program 2012-2017 SUMMARY AND RECOMMENDATION SUMMARY Kent City Code section 11.03.510 identifies plans and policies from which the City may draw substantive mitigation under the State Environmental Policy Act. This nonproject action has been evaluated in light of those substantive plans and policies as well as within the overall analysis completed for the City's Comprehensive Plan EIS. DECISION The City of Kent Comprehensive Plan EIS, draft and final, provided analysis with regard to the implementation of the Comprehensive Plan elements, goals and policies. This includes the implementation of the Capital Facilities Element and Capital Improvement Programs. The City has reviewed the 2012-2017 CIP and has found it to be consistent with the range, types and magnitude of impacts and corresponding mitigation outlined in the Comprehensive Plan EIS. The adoption of the six-year CIP does not substantially change any identified related impacts in the Comprehensive Plan EIS. This analysis and subsequent addendum did not identify any new significant impacts associated with the adoption of the 2012-2017 CIP. Therefore, this addendum, combined with the Comprehensive Plan EIS adequately evaluates potential adverse environmental impacts and provides appropriate mitigation for this nonproject action. Based upon this analysis, a separate threshold determination is not required. This document and corresponding environmental record may be utilized in the future in conjunction with environmental review for future projects identified in the CIP in accordance with the guidelines provided by WAC 197-11. Dated: November 4, 2011 Signature: OJ�� Charlene Anderson, AICP, Responsible Official CA:jm\\S:\Permit\Plan\Env\2011\CIPaddendum2012-2017.doc Page 4 of 4 KENT WA9NINOTON ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS Adoption Document(s): EIS Description of current proposal: The action proposed by the City consists of the adoption of an updated Capital Improvement Program concurrent with the 2012 city operating budget. The Capital Improvement Plan is an element of the City's Comprehensive Plan. Proponent: City of Kent Location of proposal: The proposal is a city-wide action. Title of document(s) being adopted: City of Kent Comprehensive Plan Environmental Impact Statement Draft (July 1994) and Final (January 1995) — Prepared by the City of Kent. Description of document (or portion) being adopted: The City of Kent Comprehensive Plan EIS is being adopted in total. This document evaluated three different land use alternatives for the city. The analysis evaluated the type and range of impacts to the environment associated with each land use alternative and associated development regulations. If the document has been challenged (WAC 197-11-630), please describe: The document was not challenged. Document availability: This document is available for review at the City of Kent Planning Services office, 400 West Gowe, Kent, WA 98032 from 8:00 am to 5:00 pm. We have identified and adopted this document as being appropriate for this proposal after independent review. Along with the addendum, this document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker(s). Name of agency adopting the document: City of Kent Contact person/Responsible Official: Charlene Anderson, AICP (253) 856-5431 Planning Manager City of Kent Community Development Dept. 220 Fourth Ave South Kent, WA 98 32 Date: November 4, 2011 Signaturei'�:��ta1��" ` S:\Permit\Plan\Env\2011\0Padopt2012-2017.doc KENT Agenda Item: Other Business - 8H TO: City Council DATE: December 13, 2011 SUBJECT: Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 Ordinances regarding School Impact Fees MOTION: Move to adopt Ordinance Nos. __ _ and amending the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, and amending the school impact fees established in section 12.13.160 of the Kent City Code. SUMMARY: The first proposed ordinance amends the Capital Facilities element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts. The second proposed ordinance amends the school impact fee schedule contained in section 12.13.160 of the Kent City Code to reflect changes in the Kent, Federal Way, and Auburn School Districts' Capital Facilities Plans. EXHIBITS: Ordinance and referenced exhibits; Ordinance related to school impact fees; SEPA environmental checklists and threshold determinations RECOMMENDED BY: Staff BUDGET IMPACTS: None ORDINANCE NO.______ AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts (CPA-2011-1). RECITALS A. The State of Washington Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions. B. To assure that comprehensive plans remain relevant and up to date, the GMA allows amendments to the capital facilities element of comprehensive plans concurrently with the adoption or amendment of a city budget (RCW 36.70A.130(2)(a)(iv)). C. The City of Kent has established procedures for amending the Comprehensive Plan in Chapter 12.02 of the Kent City Code, allowing amendment of the Capital Facilities Element of the Comprehensive Plan concurrently with the adoption or amendment of the City budget and allowing the City Council to hold the public hearing instead of the Land Use and Planning Board. D. The Kent, Federal Way, and Auburn School Districts have submitted proposed amendments to their Capital Facilities Plans to be 1 Comprehensive Plan Amendment 2011 School Dist. Capital Facilities Plans included in an amendment of the City's Capital Facilities Element of the Comprehensive Plan. E. After providing appropriate public notice, the City Council of the City of Kent considered the requested Comprehensive Plan amendment and conducted a public hearing on the same on November 15, 2011. F. On October 10, 2011, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty (60) day notice period has lapsed. G. On December 13, 2011, the City Council for the City of Kent approved the Capital Facilities Element amendment CPA-2011-1 to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit "A" attached and incorporated by this reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - Amendment. The Kent Comprehensive Plan, and its Capital Facilities Element, are hereby amended to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, as set forth in Exhibit "A" attached and incorporated by this reference (CPA- 2011-1). 2 Comprehensive Plan Amendment 2011 School Dist. Capital Facilities Plans SECTION 2, - 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 3, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Comprehensive Plan Amendment 2011 School Dist. Capital Facilities Plans PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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'.AClvllAOrdinanceVCompPlaMmendSahool Dls[apl(elFedlltlesPlens2012-2017 doc: 4 Comprehensive Plan Amendment 2011 School Dist. Capital Facilities Plans 2011 2012 2016 2017 MAI 'Pt /K IX New Panther Lake Elementary School opened in Fall 2009 Kent SchoofDrstrictiWo. 415prou4des educationafseru4ce to Residents of VnincoToratedKing County and Residents of the Cities of Kent, Cou4ngton,,4ufiurn, Renton BfackcDiamond, 14apfe Vaffey, andSeaTac, `Washington Aplif 2011 F"I Ic Kent School District No. 415 12033 SE 256 1h Street Kent, Washington 98030-6643 (253) 373-7295 SIX - YEAR CAPITAL FACILITIES PLAN 2011 - 2012 2016 - 2017 kENT 11001[ UO MCI BOARD of DIRECTORS Bill Boyce Jim Berrios Tim Clark Karen DeBruler Debbie Straus ADMINISTRATION Dr. Edward Lee Vargas — Superintendent Dr. Richard A. Stedry — Chief Business Officer Dr. Linda Del Giudice — Chief Accountability Officer Dr. Merri Rieger— Chief Student Achievement Officer Dr. Brent Jones — Chief Talent Officer Thuan Nguyen — Chief Information & Automated Operations Officer Chris Loftis — Executive Director, Communications & School Community Partnerships Kent School District Six-Year Capital Facilities Plan April 2011 S��I�_ Vx SIX - YEAR CAPITAL FACILITIES PLAN 2011 ~ 2012 ,^ 2016 ~ 2017 �� ^U ^�A�� 'n-' '' --- ' ' For information OD the Plan, please call the FiD@DC8 & Planning [}8p@[t[O8[t at (753) 373-77Q5 Capital Facilities Plan Contributing Staff Gmenn ESCh8F[l8n1OVVSW Enrollment& Planning Administrator Ralph Fodunato' CSBS— Interim Director for Fiscal Services Debbi8noith. Business Services Department Fred Long, Supervisor of Facilities &Construction Karla Wilkerson, Facilities Department Don Walkup, Supervisor of Transportation Department Maps by Jana Tucker, IT Graphic Designer Ic Si,�Tear Capital Facilities Plan Tafife of Contents Section Page Number I Executive Summary 2 11 Six-Year Enrollment Projection & History 4 III District Standard of Service 9 1 V Inventory, Capacity & Maps of Existing Schools 12 V Six-Year Planning and Construction Plan 15 V I Relocatable Classrooms 18 Vil Projected Classroom Capacity 19 Vill Finance Plan, Cost Basis and Impact Fee Schedules 24 IX Summary of Changes to Previous Plan 31 X Appendixes 32 Kent School District Six-Year Capital Facilities Plan April 2011 I Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent School District (the "District") as the organization's facilities planning document, in compliance with the requirements of Washington's Growth Management Act, King County Code K.C.C. 21A.43 and Cities of Kent, Covington, Auburn, Renton, Black Diamond, Maple Valley, and SeaTac. This annual Plan update was prepared using data available in the spring of 2011 for the 2010-2011 school year. This Plan is consistent with prior long-term capital facilities plans adopted by the Kent School District. This Plan is not intended to be the sole planning document for all of the District's needs. The District may prepare interim and periodic Long Range Capital Facilities Plans consistent with Board Policies, taking into account a longer or shorter time period, other factors and trends in the use of facilities, and other needs of the District as may be required. Prior Capital Facilities Plans of the Kent School District have been adopted by Metropolitan King County Council and Cities of Kent, Covington, Auburn and Renton and included in the Capital Facilities Plan element of the Comprehensive Plans of each jurisdiction. The first ordinance implementing impact fees for the unincorporated areas of Kent School District was effective September 15, 1993. In order for impact fees to be collected in the unincorporated areas of Kent School District, the Metropolitan King County Council must adopt this Plan and a fee-implementing ordinance for the District. For impact fees to be collected in the incorporated portions of the District, the cities of Kent, Covington, Auburn and Renton must also adopt this Plan and their own school impact fee ordinances. This Plan has also been submitted to cities of Black Diamond, Maple Valley, and SeaTac. This Capital Facilities Plan establishes a standard of service in order to ascertain current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for local program needs in the District. The Growth Management Act, King County and City codes and ordinances authorize the District to make adjustments to the standard of service based on specific needs for students of the District. This Plan includes the standard of service as established by Kent School District. Program capacity is based on an average capacity and updated to reflect changes to special programs served in each building. Relocatables in the capacity calculation use the same standard of service as the permanent facilities. (continued) Kent School District Six-Year Capital Facilities Plan April 2011 Page 2 I Executive Summary (continued) The capacity of each school in the District is calculated based on the District standard of service and the existing inventory of permanent facilities. The District's program capacity of permanent facilities reflects program changes and the reduction of class size to meet the standard of service for Kent School District. Relocatables provide additional transitional capacity until permanent facilities are completed. Kent School District is the fourth largest district in the state. Enrollment is electronically reported monthly to the Office of the Superintendent of Public Instruction (OSPI) on Form P-223. Although funding apportionment is based on Annual Average Full Time Equivalent (AAFTE), Enrollment on October 1 is a widely recognized "snapshot in time" that is used to report the District's enrollment for the year as reported to OSPI — the Office of the Superintendent of Public Instruction. P-223 FTE reports Kindergarten at .5 for all elementary schools except those five schools with Full Day Kindergarten funded by State Apportionment. P-223 Reports include all students in Grades K — 12 and excludes Early Childhood Education [ECE] students and college-only Running Start students. The Board of Directors has approved Full Day Kindergarten for all Elementary Schools for 2011-12 and those projections are continued in future years. The District's standard of service, enrollment history and projections, and use of transitional facilities are reviewed in detail in various sections of this Plan. The District plans to continue to satisfy concurrency requirements through the transitional use of relocatables. A financing plan is included in Section V I I I which demonstrates the District's ability to implement this Plan. Pursuant to the requirements of the Growth Management Act, this Plan will be updated annually with changes in the fee schedules adjusted accordingly. Kent School District Six-Year Capital Facilities Plan April 2011 Page 3 I I Six - Year Enrollment Projection For capital facilities planning, growth projections are based on cohort survival and student yield from documented residential construction projected over the next six years. (see Table 2) The student generation factor, as defined on the next page, is the basis for the growth projections from new developments. King County live births and the District's relational percentage average were used to determine the number of kindergartners entering the system. (see Table 1) 8.134% of 24,244 King County live births in 2006 is projected for 1,972 students expected in Kindergarten for October 1, 2011. This is a significant increase of 1,564 live births in King County over the previous year. Together with proportional growth from new construction, 8.134% of King County births is equivalent to the number of students projected to enter kindergarten in the district for the next six-year period. (see Table 2) Full Day Kindergarten ("FDK") programs at all 28 elementary schools require an adjustment to the Kindergarten forecast for projecting FDK at 1.0 FTE for capital facilities planning. P-223 Reports will continue to include FDK students at 1.0 for five schools with FDK funded by state apportionment, and all other kindergarten students will continue to be reported at .50 FTE. (See Table 2A) Early Childhood Education students (also identified as "ECE", "Preschool Special Education [SE] or handicapped students") are forecast and reported separately. Capacity is reserved to serve the ECE programs at seven elementary schools. The first grade population is traditionally 7 - 8% larger than the kindergarten population due to growth and transfers to the District from private kindergartens. Cohort survival method uses historical enrollment data to forecast the number of students projected for the following year. Near term projections assume some growth from new developments to be offset by current local economic conditions. With notable exceptions, the expectation is that enrollment increases will occur District-wide in the long term. District projections are based on historical growth patterns combined with continuing development of projects in the pipeline dependent on market/growth conditions. The District will continue to track new development activity to determine impact to schools and monitor conditions to reflect adjustments in this assumption. The six-year enrollment projection anticipates moderate enrollment growth from new development currently in some phase of planning or construction in the district. Information on new residential developments and the completion of these proposed developments in all jurisdictions may be considered in the District's future analysis of growth projections. (Continued) Kent School District Six-Year Capital Facilities Plan April 2011 Page 4 I I Six - Year Enrollment Projection (Continued) Within practical limits, the District has kept abreast of proposed developments. The Kent School District serves seven permitting jurisdictions: unincorporated King County, the cities of Kent, Covington, Auburn and Renton and smaller portions of the cities of SeaTac, Black Diamond, and Maple Valley. The west Lake Sawyer area of Kent School District is in the city of Black Diamond. STUDENT GENERATION FACTOR "Student Factor" is defined by King County code as "the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit" based on district records of average actual student generated rates for developments completed within the last five years. Following these guidelines, the student generation rate for Kent School District is as follows: Single Family Elementary .486 Middle School .130 Senior High .250 Total .866 Multi-Family Elementary .331 Middle School .067 Senior High .124 Total .522 The student generation factor is based on a survey of 2,023 single family dwelling units and 1,527 multi-family dwelling units with no adjustment for occupancy rates. Please refer to Appendix E on Page 36 of the Capital Facilities Plan for details of the Student Generation Factor survey. The actual number of students in those residential developments was determined using the District's Education Logistics (EDULOG) Transportation System which provides an accurate count of enrolled students in identifiable new development areas. Kent School District Six-Year Capital Facilities Plan April 2011 Page 5 oc O r Ql O Ol O O N O N M m N N M N N N N N N N N N m m W rn m N �O 10 n y w h .- t0 tO VJ o m O Q M n M W — — m N N � OI O ? h [O t0 N N O [O V O 0 O N N V M1 M Ql Ql O N N co O O N N r N N V m m y N li m N N N N N N N N N N N N m W C O 3 c p N ^O O o m N N Y C O N N W W W E a 2 ONi OMi O O .M- N N .N- M m N N O7 O '- N N N N N N N N N 16 N c_ w N U 0 W Y E ° v o t o m c m O O? O? O O N m N M M N r Y M < ¢ 6 V N a O w W F ^ C O w Vw- p (n y rn Si N m o N fO N W A O m C Q� M N � w LL O � W m N N N N N N N N N N N t0 N O O' N 2 p' o e o N o m a 2 d a v @ of m o N U Z W O ,Tw N O N O Cl! I.,� � W N ry � � O N N N N m N V C m O N O O O O Mr Vl W Q Q m N m > N N N N N N N N LL1 w � t .Q J CC1 m W e P M m �O m h {Mp O N M m N N U O C U LC O G c QI M M N N 9 lOD O N O S O O ONi O� N t0 m Ntp0 W O W 2 I"' w O .� r VJ L m m m m N M O H N M M M M r OJ O O y W O W �LL.r c Q) M m M p^j b O O 0 O O O 0✓ m F W ryW W (O p N e N OI 10 [O W V O> r M �O N y '� >• L rlj W Y Y LL rn rn m m m m m w M m N fC6 t $ a a A n h �O N 0 N < 0✓ tp O M N 0 o d m W O d c m - u`Oi m 13 0 o rn o rn w rn m m M m N N o N N n M1 N N O] ^ lD N O O QI OJ O ^2 W U ••• of n (00 M (O V W V of O A N <D O c O F• °� u N E ° a � v V r M pj N O n, N ry O 1n Q) Q) M V O N N N m E O O — — W — r r — N M M N t O W �O � II �- .- � � � � N m m V O O N N D✓ u'1 O W N N f0 O O N O W N W m O V V N O — m — O W M r O lc�— V m N C N �- e- e� �- - W OI LL N p� V O O) l0 V O f0 fD M N N O 1p C O p d O V' O O O? ro N W h r (O [O V V N m O a W O C N N LL v y V m O N c O N M V M N M V H M M O N ^ m L J O W O m O ui r N Q7 O N NCo vi 15 L E m W� a N c � c ym o N N y Y U o ry E S S W N W Y 9 y N O 2. II w _ N m LL- � u C N p' •- N M V N fD h OJ � � � � � Q W � W E E � � aci `W N o u S 'N ` q ti a C9 (D U' (D U U' ( rW U N m o KENT SCHOOL DISTRICT No. 416 SIX -YEAR F T E ENROLLMENT PROJECTION State-funded FDK at 20 Schools LB in 2004 LB in 2005 LB in 2006 LB In 2007 LB in 2008 LB Est.2009 LB Est 2010 ACTUAL P R O J E C T 1 O N October 2010 2011 2012 2013 2014 2015 2016 King County Live Births 22,680 24,244 24,899 25,222 25,057 25,100 25,200 ' Increase/Decrease -194 1,564 655 323 -165 43 f00 Kindergarten / Birth % 2 8.13% 8.13% 8.13% 8,13% 8,13% 8.13% 8.13% 2" Kindergarten FTE @ .5 749 0 0 0 0 0 0 213 FD Kindergarten @ 1.0 343 1,972 2,024 2,050 2,038 2,042 2,050 Grade 1 1992 1,912 2,075 2,129 2,156 2,144 2,148 Grade 2 1939 1,973 1,903 2,064 2,118 2,144 2,133 Grade 3 2000 1,977 2,020 1,949 2,113 2,168 2,195 Grade 4 1954 1,979 1,965 2,008 1,938 2,100 2,154 Grade 5 2082 1,990 2,027 2,012 2,056 1,985 2,150 Grade 6 2130 2,126 2,054 2,092 2,076 2,122 2,049 Grade 7 2092 2,153 2,159 2,087 2,125 2,109 2,155 Grade 8 2151 2,127 2,200 2,206 2,132 2,171 2,155 Grade 9 2434 2,414 2,399 2,481 2,487 2,404 2,448 Grade 10 2233 2,202 2,195 2,181 2,255 2,261 2,186 Grade 11 1949 1,967 1,950 1,944 1,931 1,997 2,002 Grade 12 1573 1,567 1,591 1,578 1,573 1,563 1,616 Total FTE Enrollment 25,621 26,359 26,562 26,781 26,998 27,210 27,441 W.21314 Yearly Increase/Decrease 3 -157 738 203 219 217 212 231 Yearly Increase/Decrease% -0.61% 2.88% 0.77% 0.82% 0.81% 0.79% 0.85% Cumulative Increase -157 581 784 1,003 1,220 1,432 1,663 Full Time Equivalent FTE 25,621 26,359 26,562 1 26,781 1 26,998 1 27,210 1 27,441 t Kindergarten enrollment projection is based on Kent SD percentage of live births in King County five years previous. 2 Kindergarten FTE projection is calculated by using the District's previous year percentage of King County births five years earlier compared to actual kindergarten enrollment in the previous year.(Excludes ECE-Early Childhood Education) 3 Kindergarten projection is at 1.0 for Full Day Kindergarten(FDK)at all 28 Elementary schools. 2010 FDK funded at 5 schools by state apportionment and second 112 of day funded by Federal&State Categorical Grants and Tuition. 4 Oct.2010 P223 FTE is 25,621 &Headcount is 26,630. Full Headcount with ECE Preschool&Running Start students=27,349. G R O W T H P R O J E C T I O N S - Adjustments for current economic factors For facilities planning purposes, this six-year enrollment projection anticipates conservative enrollment growth from new development currently in some phase of planning or construction in the district. Kent School District Six-Year Capital Facilities Plan Table 2 April 2011 Page 7 m _ R v LL v = n a D > O ; LL c u J m w W m Q U U U U U w 0 l9 G x ^i � F 3 2 a K N m U O N p N O N O O N N O r a N LL N m p 1 W ° a LL v O Il O m M M M M N N O ° O LL N O F p W A LL O Z LL T j O ^ O d N 0 a s LL d o LL E' 4 b o IL u, W . Ur Duo a � aY O Z N C N = wIx U Q ^ LL o LL d v a N L Q N w d E r o N N b O O O N d O at) •- ¢ c a w F Z S O d o LL (R Y p b 0 n n m M N W LL v d w U ^ i° o D ^ v C Y N < n E d m c N p 9 o a E _ - N � U N b tl b b R 4l b b N V O b O O O V V N N b H y y H N ry V b D � uJ p) W H N O N n O D N N H O O A W A N O N N W N O O A O N O M ° Y LL w LL w N dC U (nV LL �0 R o `o m v . v vc t IL Q W c v U M N o � m UJ o u N A m oj IL c a U m Z °v' myw v R vE 2 a,d y c d EinvmE w v E UD o v w E d c c a m w d y P d w o w w w E m 8 Y a w ci E o w t W 9 > N w C2 O N R C C Y t R N C N D b O C C W [V M Q U U U U W W W U' 0 0 O O a 0 x Z Z 2 2 O 8 u N ca Y III Current Kent School District "Standard of Service" In order to determine the capacity of facilities in a school district, King County Code 21A.06 references a "standard of service" that each school district must establish in order to ascertain its overall capacity. The standard of service identifies the program year, the class size, the number of classrooms, students and programs of special need, and other factors determined by the district which would best serve the student population. This Plan includes the standard of service as established by Kent School District. The District has identified schools with significant special needs programs as "impact" schools and the standard of service targets a lower class size at those facilities. Relocatables included in the capacity calculation use the same standard of service as the permanent facilities. (See Appendix A, e & C) The standard of service defined herein may continue to change in the future. Kent School District is continuing a long-term strategic planning process combined with review of changes to capacity and standard of service. This process will affect various aspects of the District's standard of service and future changes will be reflected in future capital facilities plans. Current Standards of Service for Elementary Students Class size for Kindergarten is planned for an average of 24 or fewer students. Class size for grades 1 - 4 is planned for an average of 25 or fewer students. Class size for grades 5 - 6 is planned for an average of 29 or fewer students. Program capacity for general education elementary classrooms is calculated at an average of 24 students per classroom because of fluctuations between primary and intermediate grade levels (i.e. third/fourth or fourth/fifth grade split classes, etc.). In 2010, most elementary schools meet the criteria required to provide full day kindergarten programs (FDK = Full Day Kindergarten) with the second half of the day funded by state apportionment, Federal & State Categorical Grants or tuition. For 2011, five FDK Programs have state funding and the others will be funded through Basic Ed and Educational Programs and Operations Levy. Students have scheduled time in a computer lab. Students may also be provided music instruction and physical education in a separate classroom or facility. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Six-Year Capital Facilities Plan April 2011 Page 9 I I I Current Kent School District "Standard of Service" (continued) Identified students will also be provided other educational opportunities in classrooms for programs such as those designated as follows: English Language Learners (E L L) Inclusive Services / Tiered Intervention in SE Support Center Programs Early Childhood Education (ECE) (3-4 yr. old students with disabilities) Developmental Kindergarten in SC Programs Integrated Programs & Resource Rooms (for special remedial assistance) Self-contained Special Education Support Center Programs (SC) Adaptive Support Center for Mild, Moderate & Severe Disabilities (ASC-oo) Speech & Language Therapy & Programs for Hearing Impaired students Occupational & Physical Therapy Programs (OT/PT) Education for Disadvantaged Students (Title I) — Federal Program Learning Assisted Programs (LAP) — State Program District Remediation Programs Education for Highly Capable Students (formerly "Gifted" Program) Some of the above special programs require specialized classroom space, as well as music and physical education classrooms, computer labs, etc.; thus, the permanent capacity of some of the buildings housing these programs is reduced. Some students, for example, leave their regular classroom for a short period of time to receive instruction in these special programs and "pull-out" space must be allocated to serve these programs. Some newer buildings have been constructed to accommodate most of these programs; some older buildings have been modified, and in some circumstances, these modifications reduce the classroom capacity of the buildings. When programs change, program capacity is updated to reflect the change in program and capacity. Current Standards of Service for Secondary Students The standards of service outlined below reflect only those programs and educational opportunities provided to secondary students which directly affect the capacity of the school buildings. Class size for grades 7 - 12 is planned for an average of 30 or fewer students. Special Education for students with disabilities may be provided in a self- contained classroom with a capacity of 10-15 depending on the program. (continued) Kent School District Six-Year Capital Facilities Plan April 2011 Page 10 III Current Kent School District "Standard of Service" (continued) Identified secondary students will also be provided other educational opportunities in classrooms for programs designated as follows: Computer, Multi-media &Technology Labs & Programs—(Nova Net-Advanced Academics) Technology Academy programs at Kent-Meridian High School & Mill Creek Middle School Science Programs & Labs — Biology, Chemistry, Physics, Oceanography, Astronomy, Meteorology, Marine Biology, General Science, etc. English Language Learners (E L L) Integrated Programs & Resource Rooms (for special remedial assistance) Basic Skills Programs Transition Outreach Program (TOP) for 18-21 year old Special Education students Child Development Preschool and Daycare Programs Music Programs— Band, Orchestra, Chorus, Jazz Band, etc. Art Programs— Painting, Design, Drawing, Ceramics, Pottery, Photography, etc. Theater Arts— Drama, Stage Tech, etc. Journalism and Yearbook Classes Highly Capable (Honors or Gifted) and Advanced Placement Programs International Baccalaureate ("I B") Program Kent Phoenix Academy— Performance Learning Center, Gateway, Virtual High School & Kent Success program with evening classes designed for credit retrieval Traffic Safety Education JROTC -Junior Reserve Officers Training Corps Variety of Career& Technical Education Programs (CTE-Vocational Education) Family & Consumer Science—Culinary Arts, Sewing, Careers w/Children/Educ., etc. Health & Human Services—Sports Medicine, Sign Language, Cosmetology, etc. Business Education—Word Processing, Accounting, Business Law& Math, DECA, FBLA (Future Business Leaders), Sales& Marketing, Economics, Web Design Technical & Industry — Woodworking, Cabinet Making, Building Trades, Metals, Automotive & Manufacturing Technology, Welding, Machine Shop, Drafting, Drawing, CAD (Computer-aided Design), Electronics, Engineering & Design, Aviation, ASL, etc. Graphic&Commercial Arts, Media, Photography, Theater& Stage, Ag & Horticulture Many of these programs and others require specialized classroom space which can reduce the permanent capacity of the school buildings. In addition, alternative home school assistance, choice and transition programs are provided for students in grades 3 - 12 at Kent Mountain View Academy. Space or Classroom Utilization As a result of scheduling conflicts for student programs, the need for specialized rooms for certain programs, and the need for teachers to have a work space during their planning periods, it is not possible to achieve 100% utilization of regular teaching stations at secondary schools. Based on the analysis of actual utilization of classrooms, the District has determined that the standard utilization rate is 85% for secondary schools. Program capacity at elementary schools reflects 100% utilization at the elementary level. Kent School District Six-Year Capital Facilities Plan April 2011 Page 11 I V Inventory and Capacity of Existing Schools Currently, the District has permanent program capacity to house 27,741 students and transitional (relocatable) capacity to house 1,389. This capacity is based on the District's Standard of Service as set forth in Section I 11. Included in this Plan is an inventory of the District's schools by type, address and current capacity. (See Table 3 on Page 13) The ratio between permanent capacity and transitional capacity is 97% - 3%. The program capacity is periodically updated for changes in programs, additional classrooms and new schools. Program capacity has been updated in this Plan to reflect program changes and new capacity for the new Panther Lake Elementary School and building additions at the high schools. Kent Mountain View Academy (formerly Kent Learning Center and Grandview Elementary) serves Grades 3 — 12 with transition, choice and home school assistance programs. It is located in the former Grandview School in the western part of the District in the city of SeaTac. This school was originally designed as an elementary school and is included in the elementary capacity for this Plan. Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the renovated site and building that formerly served Sequoia Middle School. Kent Phoenix Academy has four special programs including the Performance Learning Center, Gateway, Virtual High School and Kent Success. Kent Success replaced the former Night Academy at Kent-Meridian High School and provides afternoon and evening classes for credit retrieval. Calculation of Elementary, Middle School and Senior High School capacities are set forth in Appendices A, B and C. A map of existing schools is included on Page 14. Kent School District Six-Year Capital Facilities Plan April 2011 Page 12 KENT SCHOOL DISTRICT No.415 INVENTORY and CAPACITY of EXISTING SCHOOLS 2010-2011 Year SCHOOL Opened ABR ADDRESS Program Capacity ' Carriage Crest Elementary 1990 CC 1 B235-140th Avenue SE, Renton 98058 452 Cedar Valley Elementary 1971 CV 26500 Tamberlane Way SE, Covington 98042 456 Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 504 Crestwood Elementary 1980 CW 25225-180th Avenue SE, Covington 98042 456 East Hill Elementary 1953 EH 9825 S 240th Street, Kent 98031 476 Emerald Park 1999 EP 11800 SE 216th Street, Kent 98031 504 Fainvood Elementary 1969 FW 16600-148th Avenue SE, Renton 98058 408 George T.Daniel Elementary 1992 DE 11310 BE 248th Street, Kent 98030 456 Glemidge Elementary 1996 GR 19405-120th Avenue SE,Renton 98058 456 Grass Lake Elementary 1971 GL 28700-191 st Place SE, Kent 98042 452 Horizon Elementary 1990 HE 27641 -144th Avenue SE, Kent 98042 504 Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE, Covington 98042 404 Kent Elementary 19991 1938 KE 24700-64th Avenue South, Kent 98032 476 Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 510 Martin Sortun Elementary 1987 MS 12711 SE 248th Street, Kent 98030 480 Meadow Ridge Elementary 1994 MR 27710-108th Avenue SE, Kent 98030 476 Meridian Elementary 1939 ME 25621 -140th Avenue SE, Kent 98042 524 Millennium Elementary 2000 MIL 11919 SE 270th Street, Kent 98030 504 Neely-O'Brien Elementary 1990/1955 NO 6300 South 236th Street, Kent 98032 452 Panther Lake Elementary -2009/1938 PL 20831 -108th Avenue SE, Kent 98031 552 Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 486 Pine Tree Elementary 1967 PT 27825-118th Avenue SE, Kent 98030 528 Ridgewood Elementary 1987 RW 18030-162nd Place SE, Renton 98058 504 Sawyer Woods Elementary 1994 SW 31135-228th Ave SE, Black Diamond 98010 504 Scenic Hill Elementary 1960 SH 26025 Woodland Way South, Kent 98030 476 Sees Creek Elementary 1971 SC 12651 SE 218th Place, Kent 98031 408 Springbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 452 Sunrise Elementary 1992 SR 22300-132nd Avenue SE, Kent 98042 504 Elementary TOTAL 13,364 Cedar Heights Middle School 1993 CH 19640 SE 272 Street,Covington 98042 923 Mattson Middle School 1981 MA 16400 SE 251st Street, Covington 98042 793 Meeker Middle School 1970 MK 12600 SE 192nd Street, Renton 98058 890 Meridian Middle School 1958 MM 23480-120th Avenue SE, Kent 98031 790 Mill Creek MS&Technology Academy 2 2005/1952 MC 620 North Central Avenue, Kent 98032 828 Northwood Middle School 1996 NW 17007 SF 184th Street, Renton 98058 972 Middle School TOTAL 5,196 Kent-Meridian HS&Tech Academy 1951 KM 10020 SE 256th Street, Kent 98030 1,851 Kentlake Senior High School 1997 KL 21401 SE 300th Street, Kent 98042 2,157 Kentridge Senior High School 1968 KR 12430 SE 208th Street, Kent 98031 2,270 Kentwood Senior High School 1981 KW 25800-164th Avenue SE, Covington 98042 2,137 Senior High TOTAL 8,415 Kent Mountain View Academy 3 1997/1965 MV/LC 22420 Military Road, Des Moines 98198 416 Kent Phoenix Academy 4 2007/1966 PH 11000 SE 264th Street, Kent 98030 350 DISTRICT TOTAL 27,741 'Changes to capacity reflect program changes and new building additions at high schools. 2 Mill Creek Middle School and Technology Academy replaced renovated Kent Junior High in 2005. 3 Kent Mountain View Academy serves grades 3-12.The school was formerly known as Kent Learning Center&Grandview Elementary. 4 Kent Phoenix Academy is a non-traditional high school which opened in Fall 2007 in the former Sequoia MS building. Kent School District Six-Year Capital Facilities Plan Table 3 April 2011 Page 13 LO c Z oV vcm0 o V c0)`c0 :31 5)> a • o U) .r Q N O Q _'Ie 0 0 `v 3 r N _N p .� .� a z O O O U 2 C o r$ 3v O D �� Nw Yx N O l�0�1 U s N 6 D N C �v(� y6 v� • o e C o Cw '> Nt Pip o° 6E 5 W 9 i FE aW • Y N dN U Y4 CT 0 yo o0 L ^ C Y0 o CC °E Eyr z C 0, ou 00 w Uw ry X� C • d 0`p •Lp w o.� YO_I d� 3C 0� N ��• •x HOC n mE• Z2 3S aftV4Afl9I. \ 00 T v.v_ jai ,6°c N `o �0 0 NmaCi `UP E m�v T vv N _ N ww 0 �Tw r0 N D .0 2 •0 3S aft L • N �0 •w ON T 74A0b1 t�• N �E —0 `'a "E E N U r y.—NN •w t as BAV PUZ£I. t0} ME 3S arty PUZ£I. N >>' UO 00•.c xD . 0 v N CC . N O 0.2 • � � vOv aE r Q W cr K N v •'o C N NE 'o N EE MNw w 0 Eo • � N0 • i-0o 000 < N O O >j-uN � N 3S aft W Q •�0 v O U - w 1i 4A8DL Y w 6W• 0 C H O Ca: X •N 0 -C - C N a�• ic• _� • 3Saft94AflDt ow Cn p O mN NN -.0 00 co • C N d CE £E oo t 00 —�` CO WE000 v_0 so NW aW ONO NN OC C C C weV �� NE W Cn Y Y 00 Nx 0Mu oD •O Iq Y `De aftt/IneAua� T� y z AnmLl6lb Aallnll AsaM • C • cz N yQ z v Oc E a cV 1T TN ri CO N p0 co Zw y 000 01C • 4 aSnpsreAUP Kent School District Six-Year Capital Facilities Plan April 2011 Page 14 V Six-Year Planning and Construction Plan At the time of preparation of this Plan in spring of 2011, the following projects are completed or in the planning phase in Kent School District: • Three new classrooms were added when the Auxiliary Gym project was recently completed for Kent-Meridian High School. Construction is in progress for the Main Gym project that will also provide additional classroom capacity at Kent-Meridian in 2011-12. • In February 2006, voters approved construction funding for replacement of Panther Lake Elementary School. A new site was acquired nearby and the"New" Panther Lake Elementary opened in Fall 2009 with a 28% increase in capacity. The district has received authorization from OSPI for"Old" Panther Lake Elementary School to be held in reserve for utilization in the event of flooding in the Kent Valley. • Planning is on hold for a replacement school for Covington Elementary School. The project is pending satisfactory financial resources to fund the project. • In February 2006, voters also approved construction funding for a future Elementary School identified as Elementary#31 (actual#29) to accommodate new growth. • Enrollment projections reflect future need for additional capacity at the elementary school level. Future facility and site needs are reflected in this Plan. • Some funding for purchase of additional portables may be provided by impact fees as needed. Sites are based on need for additional capacity. As a critical component of capital facilities planning, county and city planners and decision-makers are encouraged to consider safe walking conditions for all students when reviewing applications and design plans for new roads and developments. This should include sidewalks for pedestrian safety as well as bus pull-outs and turn-arounds for school buses. Included in this Plan is an inventory of potential projects and sites identified by the District which are potentially acceptable site alternatives in the future. (see Table 4 on Page 16& Site map on Page 17) Voter approved bond issues have included funding for the purchase of sites for some of these and future schools, and the sites acquired to date are included in this Plan. Some funding is secured for purchase of additional sites but some may be funded with impact fees as needed. Not all undeveloped properties meet current school construction requirements and some property may be traded or sold to meet future facility needs. 2006 voter approval of $106M bond issue for capital improvement included the construction funding for new Elementary School #31 (actual #29), replacement of Panther Lake Elementary, and classroom additions to high schools. Some impact fees have been or will be applied to those projects. The Board will continue annual review of standard of service and those decisions will be reflected in the each update of the Capital Facilities Plan. Kent School District Six-Year Capital Facilities Plan April 2011 Page 15 KENT SCHOOL DISTRICT No.415 Site Acquisitions and Projects Planned to Provide Additional Capacity Projected Projected %for SCHOOL / FACILITY / SITE LOCATION Type Status Completion Program new Date CapacityGrowth Approximate Approximate #on Map ELEMENTARY (Numbers assigned to future schools may not correlate with number of existing schools.) Replacement 5 Replacement for Covington Elementary (U) SE 256th Street&154th Ave SE Elementary Planning 2014-15 600 16% Covington Elem- Capacity to be replaced 17070 SE Wax Road, Covington Elementary Planning 2014-15 -504 New Elementary#31 (Actual#29) (F) Location TBD-To be determined 2 Elementary Planning 2015-16 600 100% Site for Elementary#31 (Unfunded)1 To be determined 2 Site Planning 2014-15 100% MIDDLE SCHOOL No Projects required at this time SENIOR HIGH Classroom In Kent-Meridian HS-Classroom Additions (F) 10020 BE 256th Street,Kent Additions Progress 2011-12 53 100% Additional TEMPORARY FACILITIES I Capacity Relocatables For placement as needed New Planning 2011 + 24-31 each 100% #on Land Use Land Use Map ' OTHER SITES ACQUIRED Designation Type Jurisdiction 4 Covington area North (Near Mattson MS) SE 251 &164 SE, Covington 98042 Urban Elementary City of Covington 7 Covington area South (Scarsella) SE 290&156 SE, Kent 98042 Rural Elementary King County 5 Covington area West (Halleson-Wikstrom) SE 256&154 SE, Covington 98042 Urban Elementary City of Covington 3 Ham Lake area (Pollard) 16820 SE 240, Kent 98042 Rural Elementary King County 8 SE of Lake Morton area (West property) SE 332&204 SE, Kent 98042 Rural Secondary King County 2 Shady Lk area(Sowers, Blaine, Drahota, Paroline) 17426 SE 192 Street, Renton 98058 Urban Elementary King County 1 So.King Co.Activity Center(former Nike site) BE 167&170 SE, Renton 98058 Rural TBD 2 King County 12 South Central site (Plemmons-Yeh-Wms) SE 286th St&124th Ave SE,Auburn 98092 Urban TBD 2 King County Notes: ' Unfunded facility needs will be reviewed in the future. 2 TBD-To be determined-Some sites are acquired but placement, timing and/or configuration have not been determined. Numbers correspond to sites on Site Bank Map on Page 17,Other Map site locations are parcels identified in Table 7 on Page 27. Kent School District Six-Year Capital Facilities Plan Table 4 April 2011 Page 16 LO O Z 0 : b Cr m � U )3 O : _ ® O O OL \ \ / 0.9 } 0 d50 � { ; § y E, �; « j/ )° �§) ® ` _ _ - ) 1 0 \ , \ f )}® E _ \t !{ \ �\ ,0 z-IV m 9 � 2 BAV \ \, w, a \ f\ \ IS �. � © - » \{ EU �M � 0`\i® 0 ` E jo /r-_ `E WE 0\ E20 \IS *a . r:3:/ _ w2 , w_. - za \ y , ! \ w�v IO� , , a a.=e_ .01 \ . , ___ _w _ m FacilitiesPlan April m, me! V I Relocatable Classrooms For the purpose of clarification, the term "portables" and the more descriptively accurate term, "relocatables" are used interchangeably in this Plan. The Plan also references use of portables or relocatables as interim or transitional capacity and facilities. Currently, the District utilizes relocatables to house students in excess of permanent capacity, for program purposes at some school locations, and some for other purposes. (See Appendices A 8 C D) Based on enrollment projections, implementation of full day kindergarten programs, program capacity and the need for additional permanent capacity, the District anticipates the need to purchase some additional relocatables during the next six-year period. During the time period covered by this Plan, the District does not anticipate that all of the District's relocatables will be replaced by permanent facilities. During the useful life of some of the relocatables, the school-age population may decline in some communities and increase in others, and these relocatables provide the flexibility to accommodate the immediate needs of the community. Portables, or relocatables, may be used as interim or transitional facilities: 1. To prevent overbuilding or overcrowding of permanent school facilities. 2. To cover the gap between the time of demand for increased capacity and completion of permanent school facilities to meet that demand. 3. To meet unique program requirements. Relocatables currently in the District's inventory are continually evaluated resulting in some being improved and some replaced. Quality concerns will be among those addressed by review of capital facilities needs for the next bond issue. The Plan projects that the District will use relocatables to accommodate interim housing needs for the next six years and beyond. The use of relocatables, their impacts on permanent facilities, life cycle and operational costs, and the interrelationship between relocatables, emerging technologies and educational restructuring will continue to be examined. Kent School District Six-Year Capital Facilities Plan April 2011 Page 18 V I I Projected Six-Year Classroom Capacity As stated in Section I V, the program capacity study is periodically updated for changes in special programs and reflects class size fluctuations, grade level splits, etc. As shown in the Inventory and Capacity chart in Table 3 on Page 13, the program capacity is also reflected in the capacity and enrollment comparison charts. (See Tables 5&5 A-B-C on pages 20-23) Enrollment is electronically reported to OSPI on Form P-223 on a monthly basis and funding apportionment is based on Annual Average FTE (AAFTE). The first school day of October is widely recognized as the enrollment "snapshot in time" to report enrollment for the year. Full Time Equivalent (FTE) student enrollment for October 2010 was 25,621.48. Kindergarten students are reported at .5 although many schools provide full day kindergarten ("FDK") with alternative funding for the second half of the day. State Apportionment-funded Full Day Kindergarten programs will report and project some Kindergarten students at 1.00 FTE at qualifying FDK schools. The P-223 FTE Report excludes Early Childhood Education ("ECE" preschool) students and College-only Running Start students. (See Tables 5&SA-B-c onpages 20-23) In October there were 681 students in 111h and 121h grade participating in the Running Start program at 10-20 different colleges and receiving credits toward both high school and college graduation. 329 of these students attended classes only at the college ("college-only") and are excluded from FTE and headcount for capacity and enrollment comparisons. Kent School District has the highest Running Start program enrollment in the state. Kent School District continues to be the fourth largest district in the state of Washington. P-223 Headcount for October 2010 was 26,630 with kindergarten students counted at 1.0 and excluding ECE and college-only Running Start students. A full headcount of all students enrolled in October 2010 totals 27,349 which includes ECE and college-only Running Start students. Based on the enrollment forecasts, permanent facility inventory and capacity, current standard of service, relocatable capacity, and future planned additional classroom space, the District anticipates having sufficient capacity to house students over the next six years. (see Table 5 and Tables 5 A-B-C on Pages 20-23) This does not mean that some schools will not experience overcrowding. There may be a need for additional relocatables and/or new schools to accommodate growth within the District. New schools may be designed to accommodate placement of future relocatables. Boundary changes, limited and costly movement of relocatables, zoning changes, market conditions, and educational restructuring will all play a major role in addressing overcrowding and underutilization of facilities in different parts of the District. Kent School District Six-Year Capital Facilities Plan April 2011 Page 19 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY TOTAL DISTRICT SCHOOL YEAR 2010-2011 2011-2012 1 2012-2013 2013-2014 1 2014-2015 2015-2016 1 2016-2017 Actual P R O J E C T E D Permanent Program Capacity ' 27,741 27,741 27,794 27,794 27,794 27,890 28,490 Changes to Permanent Capacity ' Kent-Meridian HS - 2011-12 Additions (F) 2 53 2 Classrooms added at KM Replacement school with projected increase in capacity: Covington Elementary3 (unfunded) 600 To Replace current Covington Elementary capacity -504 New Elementary#31 tactual#29) (Funded) 600 Permanent Program Capacity Subtotal 27,741 27,794 27,794 27,794 27,890 28,490 28,490 Interim Relocatable Capacity Elementary Relocatable Capacity Required 0 168 312 528 624 240 408 Middle School Relocatable Capacity Required 4/7 0 0 0 0 0 0 0 Senior High Relocatable Capacity Required 0 0 0 0 0 0 0 Total Relocatable Capacity Required1/6 0 168 312 528 624 240 408 TOTAL CAPACITY ' 27,741 27,962 28,106 28,322 28,514 28,730 28,898 TOTAL FTE ENROLLMENT/PROJECTIONS 25,621 26,359 26,562 26,781 26,998 27,210 27,441 DISTRICT AVAILABLE CAPACITY 7 2,120 1,603 1,544 1,541 1,516 1,520 1,457 ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Classroom additions are under construction at Kent-Meridian HS and expected to be available for 2011-12 school year. 3 Replacement school for Covington Elementary will increase capacity and will be built on a different existing site. 4 In Fall 2004, 9th grade moved to the high schools which increased capacity available at Middle School 7th-8th grade levels. 5 FTE= Full Time Equivalent Enrollment/Projections (i.e. 112 day Kindergarten student=.5&Full Day Kindergarten student=1.0 FTE), 6 2010-2011 total classroom relocatable capacity is 1,389. 7 School capacity meets concurrency requirements and no impact fees are proposed for middle schools. Kent School District Six-Year Capital Facilities Plan Table 5 April 2011 Page 20 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY SENIOR HIGH - Grades 9 - 12 SCHOOL YEAR 2010-2011 2011-2012 1 2012-2013 2013-2014 1 2014-2015 2015-2016 1 2016-2017 Actual P R 0 1 E C T E D Senior High Permanent Capacity ' 8,765 8,765 8,818 8,818 8,818 8,818 8,818 Includes Kent Phoenix Academy 2 Chan es to High School Ca acit Kent-Meridian HIS-2011-12 Additions (F) 2 Classrooms added (@ 85r Utilization) 53 Subtotal 8,765 8,818 8,818 8,818 8,818 8,818 8,818 Relocatable Capacity Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY ' 1 8,765 8,818 8,818 8,818 8,818 8,818 8,818 FTE ENROLLMENT/PROJECTION 3 8,189 8,150 8,135 8,184 8,246 8,225 8,252 SURPLUS (DEFICIT) CAPACITY 576 668 683 634 572 593 566 Number of Relocatables Required 0 0 0 0 0 0 0 No Classroom Relocatables required at this time. Some Relocatables used for classroom and program purposes. ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Kent Phoenix Academy opened in Fall 2007 serving grades 9- 12 with four special programs. 3 FTE=Approximate Full Time Equivalent Enrollment or projections, excluding College-only Running Start students. Kent School District Six-Year Capital Facilities Plan Table 5 A April 2011 Page 21 KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY MIDDLE SCHOOL - Grades 7 - 8 SCHOOL YEAR 2010-2011 2011-2012 2012-2013 2013-2014 1 2014-2015 2015-2016 1 2016-2017 Actual P R O 1 E C T E D Middle School Permanent Capacity ' 5,196 5,196 5,196 5,196 5,196 5,196 5,196 Chan es to Middle School Ca aci 4 Mill Creek MS&Technology Academy are open during Phase 2 of Renovation (No new capacity added in renovation) Subtotal 5,196 5,196 5,196 5,196 5,196 5,196 5,196 Relocatable Capacit Required ' 0 0 0 0 0 0 0 TOTAL CAPACITY 183 5,196 5,196 5,196 5,196 5,196 5,196 5,196 FTE ENROLLMENT/PROJECTION 2 4,243 4,280 4,359 4,293 4,257 4,280 4,310 SURPLUS (DEFICIT) CAPACITY' 953 916 837 903 939 916 886 Number of Relocatables Required 0 0 0 0 0 0 0 No Classroom Relocatables required at middle schools at this time.Some Relocatables used for classroom and program purposes. Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 FTE =Approximate Full Time Equivalent Enrollment or Projections s Surplus capacity due to grade level reconfiguration -All 9th grade students moved to the high schools in Fall 2004. 4 Middle School capacity meets concurrency requirements and no impact fees are collected for middle schools. April 2011 Page 22 Kent School District Six-Year Capital Facilities Plan Table 5 B KENT SCHOOL DISTRICT No. 415 PROJECTED ENROLLMENT and CAPACITY ELEMENTARY - Grades K - 6 SCHOOL YEAR 2010-2011 2011-2012 2012-2013 2013-2014 1 2014-2015 2015-2016 1 2016-2017 Actual I P R O J E C T E D Elementary Permanent Capacity 13,364 13,780 13,780 13,780 13,780 13,876 14,476 Kent Mountain View Academy 2 416 Changes to Elementary Capacity Replacement school with projected increase in capacity: Covington Elementary° (Unfunded) 600 Will replace current Covington Elementary capacity -504 New Elementary#31 (Funded) 5 600 Subtotal 13,780 13,780 13,780 13,780 13,876 14,476 14,476 Relocatable Capacity Required ' 0 168 312 528 624 240 408 TOTAL CAPACITY 2 13,780 13,948 14,092 14,308 14,500 14,716 14,884 FTE ENROLLMENT/PROJECTION a 13,189 13,929 14,068 14,304 14,495 14,705 14,879 SURPLUS (DEFICIT) CAPACITY 591 19 24 4 5 11 5 Number of Relocatables Required 0 7 13 22 26 10 17 26 Classroom Relocatables required in 2014-15. Some additional Relocatables used for program purposes. ' Capacity is based on standard of service for programs provided and is updated periodically to reflect program changes. 2 Kent Mountain View Academy is a special program at the former Grandview School serving students in Grades 3- 12. The school building (formerly Kent Learning Center&Grandview Elem.)was designed as an elementary school. 3 FTE=Approximate Full Time Equivalent Enrollment or Projections(Kindergarten @ LO&excluding ECE) ALL Elementary Schools will have FULL Day Kindergarten starting in 2011.12. In Fall 2011,Kindergarten projection changes to 1.0 FTE for Full Day Kindergarten programs at ALL 28 Elementary Schools. 4 Replacement school for Covington Elementary will increase capacity and is planned for a different existing site. 5 Site selection and construction timing for Elementary#31 is pending review of location and capacity needs. Kent School District Six-Year Capital Facilities Plan Table 5 C April 2011 Page 23 V I I I Finance Plan The finance plan shown on Table 6 demonstrates how the Kent School District plans to finance improvements for the years 2011 - 2012 through 2016 - 2017. The financing components include secured and unsecured funding and impact fees. The plan is based on voter approval of future bond issues, collection of impact fees under the State Growth Management Act and voluntary mitigation fees paid pursuant to State Environmental Policy Act. In February 2002, voters approved a $69.5 million bond issue for capital construction and improvements. The bond issue partially funded building additions at three high schools which coincided with moving 9th grade students from junior high to senior high schools in September 2004. The District received some State Funding Assistance (formerly known as "state matching funds") and has utilized impact fees for the senior high additions. In February 2006, voters approved a $106 million bond issue that included funds for replacement of Panther Lake Elementary School with increased capacity, as well as construction of new Elementary School #31 (actual #29) to accommodate growth. The new Panther Lake Elementary School replaced the previous Panther Lake Elementary in Fall of 2009. The bond issue also funded Phase II of the renovation for Mill Creek Middle School and renovation of Sequoia Middle School for reconfiguration as a non-traditional high school, Kent Phoenix Academy, which opened in September 2007. 2006 construction funding approval also provided for additional classrooms at Kentlake High School and two projects at Kent-Meridian High School. The projects at Kent- Meridian High School provide additional capacity with several new classrooms and gymnasium space. The first project at K-M was completed and the second is currently under construction. Some impact fees have been or will be utilized only for the new construction that will increase capacity. The district has designated $16 million of the 2006 bond authorization for construction of an additional elementary school ("Elementary #31"), currently scheduled for completion in the fall of 2015, dependent on enrollment levels. Although the school is identified as "Elementary School #31" it will actually be the 29'h elementary school in the district. The Finance Plan includes a few new relocatables to provide additional capacity and some may be funded from impact fees. Enrollment projections reflect future need for additional capacity at the elementary level and unfunded facility needs will be reviewed in the future and reported in annual updates of the Capital Facilities Plan. For the Six-Year Finance Plan, costs of future schools are based on estimates from Kent School District Facilities Department. Please see pages 26-27 for a summary of the cost basis. Kent School District Six-Year Capital Facilities Plan April 2011 Page 24 S S S S S S o v o 0 o v O OI <O O Qr N a y E o v p h v W ^W A N 0 0 o d v a m r rn m y N W N OM M C y N 'O N N S S O = a m o p O n N S S O Q J O O O O O O J S S S S O O Q o O M Lo � ea » cn co Ti o v N Vi O 6 1A _ v R S zg o o CL N N U 111 a a Nc U m w 1p Ztm O Z o 0 o O d Q C N U r r » M o N v x m w W M o E n c p O =' N oo S o = Q .2 cc m N h a LL 4 a m C N N O v O y U ai v in O IO C « O y U N N O E C O « o e m m Q O U W 9 o m c LLNO v Oo'o o II W a U cymv Yd u. Y Z 0 W W 2 n c V I I I Finance Plan - Cost Basis Summary For impact fee calculations, construction costs are based on cost of the last elementary school, adjusted for inflation, and projected cost of the next elementary school. Elementary School Cost Projected Cost Millennium Elementary #30 Opened in 2000 $12,182,768 Cost of Panther Lake Elementary Replacement (Opened in Fall 2009) $26,700,000 Projected cost - Covington Elementary Replacement (Projected to open in 2014) $31,840,000 Projected cost of Elementary#31 in 2015 $33,400,000 Average cost of Covington Elementary Replacement & Elementary #31 $32,620,000 Construction cost of high school addition: Senior High School Additions Projected Cost Total Kent-Meridian HS — 2011-12 Addition #2 $1,500,000 Classroom Additions only Construction cost of new HS capacity $1,500,000 Site Acquisition Cost The site acquisition cost is based on an average cost of sites purchased or built on within the last ten years. Please see Table 7 on page 27 for a list of site acquisition costs and averages. District Adjustment The impact fee calculations on pages 29 and 30 include a "District Adjustment' to reduce the fees calculated by the impact fee formulas. Based on current economic conditions, the District has adjusted the impact fees to keep the same rates as those currently in place and made no adjustment for increase in the Consumer Price Index. Kent School District Six-Year Capital Facilities Plan April 2011 Page 26 � N t� m w N Q m D V tou04d ` N < N FA m N O N n va E a = U a d 9 "> °» N O oO M O 7 m N a m N M Nw W W vOi V 0 o N O N G O O V N M r ~ co C4 l0 fR ff3 w EAM to tfl. Q M O M O Ip O V O 7 1� O N M O N N O M ui a Ld M GO N 4 m 0 O 1, fV Qi o V N G9 (A 64 fA fR W fA � N � Q « N MLO M O F M a N M t0 d' O y � r N a N m m o _ o U p rn m Z o m m o rn n F' M •� Y U m V) m In Y N m ° r p W n v o co m y N N W Sc (�] N J d W W W N W W W M = cai s o o q o p O tea ; a W M m Z U o o m o rn v3 rn rn �' � m m m m m rn LU O Im co N O p n r o y o E tN, m Y m m ° ? o K °G 0 U O Y c `o_ m N to E m .@ a m p R w U a 'O o �' L c m y x 8 Q t o m c o O �' 3 Q s N v N « (n C O ry Y O O N L N d = « = o o U t V) y y N E 0 - o c c m a y I y > a IL Z 2 to Y Y Y E iq w w y y p fn a i M m m c a n = f0 = m odi gi m m m m o m g c n N t a n > > 5 n a o. O 41 7 j m C W Y KENT SCHOOL DISTRICT FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS Student Generation Factors -Single Family Student Generation Factors -Multi-Family x Elementary (Grades K-6) 0.486 Elementary 0,331 x Middle School (Grades 7 -8) 0.130 Middle School 0,067 x Senior High (Grades 9- 12) 0.250 Senior High 0.124 x Total 0.866 Total 0.522 Projected Increased Student Capacity OSPI -Square Footage per Student x Elementary 600 Elementary 90 x Middle School 900 Middle School 117 x Senior High Addition 53 Senior High 130 Special Education 144 Required Site Acreage per Facility x Elementary (required) 11 Average Site Cost/Acre x Middle School (required) 21 Elementary $287,573 x Senior High (required) 32 Middle School $0 Senior High $0 New Facility Construction Cost x Elementary * $32,620,000 Temporary Facility Capacity & Cost x Middle School $0 Elementary @ 24 $127,500 x Senior High * $1,500,000 Middle School @ 29 $0 *See cost basis on Pg.26 Senior High @ 31 $0 Temporary Facility Square Footage State Funding Assistance Credit(tonetly^State Match") x Elementary 70,892 District Funding Assistance Percentage 56.65% x Middle School 16,376 x Senior High 22,064 x Total 3% 109,332 Construction Cost Allowance CCA-Cosveq.Ft. Area Cost Allowance(Effective July 09) $180.17 Permanent Facility Square Footage x Elementary (Includes KMVA) 1,470,543 x Middle School 667,829 District Average Assessed Value x Senior High 1,111,036 Single Family Residence $268,279 x Total 97% 3,249,408 Total Facilities Square Footage District Average Assessed Value x Elementary 1,541,435 Multi-Family Residence $99,888 x Middle School 667,829 Apartments 71%Condos 29% x Senior High 1,133,100 x Total 3,342,364 Capital Levy Tax Rate/$1,000 Current /$1,000 Tax Rate(1.7236) $1.84 Developer Provided Sites/ Facilities Value 0 General Obligation Bond Interest Rate Dwelling Units 0 Current Bond Interest Rate 4.91% Kent School District Six-Year Capital Facilities Plan April 2011 Page 28 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE Site Acquisition Cost per Single Family Residence Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor A i (Elementary) 11 $287,573 600 0.486 $2,562.28 A 2 (Middle School) 21 $0 1,065 0.130 $0 A 3 (Senior High) 32 $0 1,000 0.250 $0 0.866 A b $2,562.28 Permanent Facility Construction Cost per Single Family Residence Formulas ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor I Footage Ratio B 1 (Elementary) $32,620,000 600 0486 0,97 $25,629.53 B 2 (Middle School) $0 900 0.130 0.97 $0 B 3 (Senior High) $1,500,000 53 0.250 0.97 $6,863.21 0.866 B K' $32,492.74 Temporary Facility Cost per Single Family Residence Formula: ((Facility Cost/Facility Capacity x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $127,500 24 0,486 0.03 $77.46 C 2 (Middle School) $0 29 0.130 0.03 $0 C 3 (Senior High) $0 31 0,250 0.03 $0 0.866 C b $77,46 State Funding Assistance Credit per Single Family Residence (formerly"State Match") Formula: Area Cost Allowance x SPI Square Feet per student x Funding Assistance% x Student Factor Area Cost Allowance ISPI Sq.Ft./Student I Equalization% I Student Factor D 1 (Elementary) $180.17 90 0.5665 0.486 $4,464,38 D 2 (Middle School) $180.17 117 0 0.130 $0 D 3 (Senior High) $180.17 130 0.5665 0.250 $3,317,15 D a $7,781.54 Tax Credit per Single Family Residence Average SF Residential Assessed Value $268,279 Current Capital Levy Rate/$1,000 $1,84 Current Bond Interest Rate 4.91% Years Amortized (10Years) 10 TC b $3,838,62 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC r 0 Fee Recap A = Site Acquisition per SF Residence $2,562.28 B = Permanent Facility Cost per Residence $32,492.74 C = Temporary Facility Cost per Residence $77.46 Subtotal $35,132A7 D = State Match Credit per Residence $7,781.54 TC=Tax Credit per Residence $3,838,62 Subtotal - $11,620.15 Total Unfunded Need $23,512.32 50%Developer Fee Obligation $11,756 FC= Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($6,270) Net Fee Obligation per Residence-Single Family $5,486 Kent School District Six-Year Capital Facilities Plan April 2011 Page 29 KENT SCHOOL DISTRICT IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE Site Acquisition Cost per Multi-Family Residence Unit Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor A 1 (Elementary) 11 $287,573 500 0.331 $2,094.11 A 2 (Middle School) 21 $0 1,065 0.067 $0 A 3 (Senior High) 32 $0 1,000 0.124 $0 0.522 A b $2,094.11 Permanent Facility Construction Cost per Multi-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio) Construction Cost Facility Capacity Student Factor I Footage Ratio B 1 (Elementary) $32,620,000 600 0.331 0.97 $17,455.51 B 2 (Middle School) $0 900 0.067 0.97 $0 B 3 (Senior High) $1,500,000 53 0.124 0.97 $3,404,15 0.522 B K' $20,859.66 Temporary Facility Cost per Multi-Family Residence Unit Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio) Facility Cost Facility Capacity Student Factor Footage Ratio C 1 (Elementary) $127,500 24 0.331 0,03 $52.75 C 2 (Middle School) $0 29 0,067 0.03 $0 C 3 (Senior High) $0 31 0.124 0.03 $0 0.522 C b $52,75 State Funding Assistance Credit per Multi-Family Residence (formerly"State Match") Formula: Area Cost Allowance x SPI Square Feet per student x Funding Assistance% x Student Factor Area Cost Allowance I SPI Sq.Ft./Student I Equalization% I Student Factor D 1 (Elementary) $180.17 90 0.5665 0.331 $3,040.56 D 2 (Middle School) $180.17 117 0 0.067 $0 D 3 (Senior High) $180.17 130 0.5665 0.124 $1,645.31 D $4,685.86 Tax Credit per Multi-Family Residence Unit Average MF Residential Assessed Value $99,888 Current Capital Levy Rate/$1,000 $1.84 Current Bond Interest Rate 4,91% Years Amortized (10 Years) 10 TC b $1,429.23 Developer Provided Facility Credit Facility/Site Value Dwelling Units 0 0 FC -0 0 Fee Recap A = Site Acquisition per Multi-Family Unit $2,094.11 B = Permanent Facility Cost per MF Unit $20,859.66 C = Temporary Facility Cost per MF Unit $52.75 Subtotal $23,006.52 D = State Match Credit per MF Unit $4,685.86 TC=Tax Credit per MF Unit $1,429.23 Subtotal - $6,115.09 Total Unfunded Need $16,891.42 50%Developer Fee Obligation $8,446 FC=Facility Credit(if applicable) 0 District Adjustment (See Page 26 for explanation) ($5,068) Net Fee Obligation per Residential Unit-Multi-family $3,378 Kent School District Six-Year Capital Facilities Plan April 2011 Page 30 IX Summary of Changes to April 2010 Capital Facilities Plan The Capital Facilities Plan (the "Plan") is updated annually based on previous Plans in effect since 1993. The primary changes from the April 2010 Plan are summarized here. New Panther Lake Elementary School replaced "Old" Panther Lake Elementary and opened in Fall 2009. "Old" Panther Lake Elementary is being held in reserve for utilization in the event of flood emergency in the Kent Valley. Future projects include potential replacement and expansion of Covington Elementary School, future new Elementary School #31 (actual #29), and one project that increases capacity at Kent-Meridian High School to accommodate new growth. Changes to capacity continue to reflect fluctuations in class size as well as program changes. Changes in relocatables or transitional capacity reflect use, purchase, sale, surplus and/or movement between facilities. The student enrollment forecast is updated annually. Six-year Kindergarten projections were modified to meet the requirements for Full Day Kindergarten programs at all Elementary schools in 2011-12. The district expects to receive some State Funding Assistance (formerly called "state matching funds") for projects in this Plan and tax credit factors are updated annually. Biennial update of student generation rates was completed last year. Unfunded site and facility needs will be reviewed in the future. Based on current economic conditions, the District Adjustment results in no change to the current impact fees. Changes to Impact Fee Calculation Factors include: ITEM Grade/Type FROM TO Comments Student Generation Factor Elem 0.445 0A86 Biennial Update in 2010 Single Family (SF) MS 0.118 0.130 SH 0.245 0.250 Total 0.808 0,866 +.58 Student Generation Factor Elam 0.296 0.331 Biennial Update in 2010 Multi-Family (MF) MS 0.075 0.067 SH 0.111 0,124 Total 0.482 0.522 + .40 State Funding Assistance Ratios ("Stale Match') 56.06% 56,65% Per OSPI Website Area Cost Allowance(former Boeckh Index) $174.26 $180A7 Per OSPI Website Average Assessed Valuation (AV) SF $277,129 $268,279 Per Puget Sound ESD AV-Average of Condominiums &Apts. MF $109,125 $99,888 Per Puget Sound ESD Debt Service Capital Levy Rate/$1000 $1.72 $1.84 Per King Co.Assessor Report General Obligation Bond Interest Rate 4.33% 4.91% Market Rate Impact Fee- Single Family SF $5,486 $5,486 No Change to fee Impact Fee- Multi-Family MF $3.378 $3,378 No Change to fee Kent School District Six-Year Capital Facilities Plan April 2011 Page 31 X Appendixes Appendix A: Calculations of Capacities for Elementary Schools Appendix B: Calculations of Capacities for Middle Schools Appendix C: Calculations of Capacities for Senior High Schools Appendix D: Use of Relocatables Appendix E: Student Generation Factor Survey Kent School District Six-Year Capital Facilities Plan April 2011 Page 32 p d m ¢ z C O d O N LU o c E $ v N O O E Q O O N IC O N V Q 9 K d o E V Y Z E O E 0 w � W o y ❑ (V t7 m P N r m m m m m t0 Vl 1� O Ri r O N n � w r N m a GU 2 Q O H C � d t+I P d d d d d d d d N N P N h h d m m d VI d y m m M C ry W II W w v a q O O O N O O O O O O N O N m O N O 0 0 Q p n p o 0 0 N U d LL W U a O LL E v Q a Y o N vvmll _ E N N W N Q E d a Q F La v w y a G V 2 r w — U F F O R N W P m m d W W W N d d m O m d d N N W m d d m m N P m m N II /S y (() ❑ � � p` � d d m d d m d d d d m P d m P P N m P b d m P P d m d m O F ❑ II Q N ¢ U m O N Y Z J F N N m W IL O W P d d _ m E D o c o Q q� m N Y a m 4 U m m m N r N M i0 d d N r m r M m CJ M i(I CJ r d N m P m N M N Y LL IL w w U n m w N 0 U N ¢a CQ U m E E Y c V m N N p m d N m N d O m d m m d O d O N d P P W m m d m m d W Q m a O N W M M t7 O O O N N Q I m 0 q d P P d P h P P P P N (+1 d m P P P d l0 N N d P P m m N O 11 U. `o U E p6 fL O IL a z H o ELLI ci w 16 n n _ a m m p m m m m m m r � m r � o m m m � � � r r r d '� o U 3 y 2 N �- N N �- N N N N N N N m O_ `o ry V Z N U a N H N Q w cUi w w 3 o t�7 c� i 0 y lz 0a a ai rin y uroi .� a o c a C ¢ c a r m C E Z J v > m E F E 5 m a LL 16 cm m m O c c_ p ❑ r o .. s c v v E 2 ¢ F m w o Y v 12r o yzi O U F 8 v o 2 v o v 9 m tll w m m 2 m rn a o c W Y c a a O c O f `v u U m y E v C m T C C N W N II w E 'm v d o ' m ro m v v v v `m o m .vi o n v W E c E m Y U U U U W w LL U' (7 U' 2 Y J Z ¢ d ¢ K vJ t� m N (� Y v v ❑ W Y W LL V ❑ O O U N w Y @ W @ a o o mC C p o N W Q J = W = W C a J � o L r Em N N O N '� O F E CQJ n W m DJ Q N L Q N �I N LLj M Q O R M m F O N W r m tO (O m f0 m p N W W IO O h OM % R O T_ LL p LL N m W W N W N G O N O O N O t0 p d m m m m N O M Q O U R V R N N c W = E m E d o c C o v n o v Q w ' 0 N O O N N O m N O (p N Q M Q d m a W @ @ d c o R LL E u E y ti W N Wo o a o M o o r 2 E E v a E c V EJ r N R UU rN Nry WL j Qae Nam Nh N Nr mbA @ W U N LL 7 Q X O N N } a s v 'or° N m v m v W n Eu Q m ry n mi m n W m .a o rn tt a U1 O. 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Q M m m W O Q O O Q O h m r m [p O m ro m m r N M Q m N N �- Q � o 0 0 0 �- o � � a � o 0 0 0 � � o a o o � o 0 0 0 0 � N $ N N N N M LO m m r 0 m O 0I r N m m N y m O O m r2 N Q Q N Of N N Q Q N of N N N C 22 O Z m m Z ] m d M N Q Q m Q m m r O H L N _ W X C Z J @ LU o � a CL �2 Q �2 r � M M M � � � U C N J W @ 6 o x x 3 x U o m m U z m a Y w w m � H Y d y O CD Q C G O 3 O a W m U O rn Gf o s LL y Y y v o m m m a�i o m a r U o 'o v w ¢ cc LL o E ... a E o a m m `m c c t d m @ a .� o rn a m Zo a 'Z y N N OI v v C C C VI > E W W @ N N w W W O W O @ W W w ILL W 2 Y 2 Z d f (n f H H Q Q Q LL R K y y N ° m C N Y DETERMINATION OF NONSIGNIFICANCE for Kent School District No. 415 2011 Capital Facilities Plan Issued with a 14-day comment and appeal period. Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Kent School District 2011 Six-Year Capital Facilities Plan by the Kent School District for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan to include the Kent School District 2011 Capital Facilities Plan as a part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plan of the City of Kent to include the Kent School District's 2011 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Kent. 4. The amendment of the Comprehensive Plan of the City of Covington to include the Kent School District's 2011 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Covington. 5. The amendment of the Comprehensive Plan of the City of Auburn to include the Kent School District's 2011 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Auburn. 6. The amendment of the Comprehensive Plan of the City of Renton to include the Kent School District's 2011 Capital Facilities Plan as part of the Capital Facilities Plan Element of the Comprehensive Plans of the City of Renton. 7. This proposal may also involve amendment of Comprehensive Plans of the Cities of Maple Valley, Black Diamond, and/or SeaTac to incorporate the Kent School District 2011 Capital Facilities Plan into the Capital Facilities element of that jurisdiction's Comprehensive Plan. Proponent: Kent School District No. 415 Location of the Proposal: The Kent School District includes an area of approximately 72 square miles. The City of Covington and portions of the cities of Kent, Auburn, Renton, Black Diamond, Maple Valley, and SeaTac fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency: Kent School District No. 415 is the lead agency pursuant to WAC 197-11-926. The lead agency for this proposal has determined that the proposal does not pose a probable significant adverse impact to the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2) (c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., June 21, 2011. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. / Responsible Official: r. Richard A. Stedry, Chief Business Officer for Kent School District No. 415 Telephone: (253) 373-7295 Address: 12033 SE 256th Street #A-600 Kent, Washington 98030-6643 Appeals of this determination are governed by Board Policy No. 9280 which can be obtained from Dr. Richard A. Stedry, Chief Business Officer, Kent School District No. 415, 12033 SE 256th Street#A-600, Kent, Washington 98030-6643 and pursuant to WAC 197-11- 680 and RCW 43.21 C.075. Date of Issue: June 7, 2011 Date Published: June 8, 2011 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," 'prepares," and "affected geographic area," respectively. 1 A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of a six-year Capital Facilities Plan by the Kent School District. The Comprehensive Plans of King County, City of Kent, City of Covington, City of Renton, City of Auburn and possibly Cities of Maple Valley, Black Diamond and SeaTac have been and/or will be amended to include the Kent School District 2011 Capital Facilities Plan in the Capital Facilities Plan Element of each jurisdiction's Comprehensive Plan. A copy of the District's Plan is available for review in the District Finance & Planning Department. 2. Name of applicant: Kent School District No. 415. 3. Address and phone number of applicant and contact person: Kent School District No. 415 12033 SE 256th Street #A-600 Kent, WA 98030-6643 Contact Person: Dr. Richard A. Stedry, Chief Business Officer Telephone: (253) 373-7295 4. Date checklist prepared: May 27, 2011 5. Agency requesting checklist: Kent School District No. 415 6. Proposed timing or schedule (including phasing, if applicable): The 2011 Kent School District Capital Facilities Plan is scheduled to be adopted in June, 2011 and forwarded to King County, Cities of Kent, Covington, Auburn, Renton, Maple Valley, Black Diamond, and SeaTac for possible inclusion in each jurisdiction's Comprehensive Plan. The Capital Facilities Plan will be updated annually. Site-specific projects have been or will be subject to project-specific environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan reviews classroom additions to one existing high school and proposes construction of a new elementary school and a replacement of Covington Elementary School. 2 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The above-referenced projects will undergo environmental review at the time of formal proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 10. List any government approvals or permits that will be needed for your proposal, if known. King County and Cities of Kent, Covington and Auburn will review and approve the Capital Facilities Plan for the purposes of impact fee ordinances and will need to adopt the Plan as an amendment to the Capital Facilities Plan element of the Comprehensive Plans of King County and Cities of Kent, Covington, Renton and Auburn. Cities of Maple Valley, Black Diamond, and SeaTac may also review and approve the Plan for the purposes of any school impact fee ordinances and may adopt the Plan as an amendment to the Capital Facilities element of their Comprehensive Plans. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a non-project action. This proposal involves the adoption of the Kent School District 2011 Capital Facilities Plan for the purpose of planning the facilities needs of the District and for inclusion in the Capital Facilities Plan element and possible amendment of the Comprehensive Plans for King County, City of Covington, City of Kent, City of Renton, City of Auburn, City of SeaTac, City of Maple Valley and City of Black Diamond. A copy of the Capital Facilities Plan may be viewed at the Kent School District Business Services Department office. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The 2011 Capital Facilities Plan will affect the Kent School District. The District includes an area of approximately 70 square miles. The City of Covington, and portions of the Cities of Kent, Auburn, Renton, Black Diamond, Maple Valley, SeaTac and parts of unincorporated King County fall within the District's boundaries. 3 B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The Kent School District is comprised of a variety of topographic land forms and gradients, including all of those listed. Specific topographic characteristics will be identified during the planning and permit process for each capital project. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics will be identified during the planning and permit process for each capital project. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types will be identified during the planning and permit process for each capital project. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Kent School District. Specific soil limitations on individual project sites will be identified at the time of environmental review. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan will be subject to project- specific environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of fill materials will be identified as appropriate to each project. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of construction projects currently proposed in the Capital Facilities Plan. Individual projects and their erosion impacts will be evaluated on a site-specific basis. Individual projects will be subject to environmental review and local approval on the time of proposal. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) Percentage of impervious cover will vary with each capital facilities project and will be addressed during project-specific environmental review. 4 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion potential on individual project sites will be addressed during project-specific environmental review. Relevant erosion reduction and control requirements will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from individual projects. Air-quality impacts will be evaluated during project-specific environmental review. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Off-site sources and necessary mitigation will be addressed during project-specific environmental review. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Plans for individual projects included in the Capital Facilities Plan have been or will be subject to environmental review and relevant local approval processes, including obtaining of any necessary air quality permits, at the time individual projects are formally proposed. Please see the Supplemental Sheet for Nonproject Actions. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Kent School District. The surface water regimes and flow patterns have been or will be researched and incorporated in the design of each individual project. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Some projects may require work near these described waters. Individual projects in the Capital Facilities Plan will be subject to environmental review and local approval requirements at the time the project is formally proposed. 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to placement or removal of fill or dredge material will be addressed at the time of project-specific environmental review. Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions have been or will be addressed during project-specific environmental review. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each capital facilities project, if located in a floodplain area, will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding discharges of waste materials, if any, will be addressed during project-specific environmental review. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact ground water resources. Each project will be evaluated during project-specific environmental review. Applicable local regulations have been or will be satisfied. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Impacts of discharged waste material, if any, have been or will be addressed during site-specific, project-level environmental review. 6 c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have varying storm water runoff consequences. Each project will be subject to environmental review and applicable local regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. Individual projects included in the Capital Facilities Plan will have varying environmental impacts and will be subject to appropriate review and local regulations prior to construction. Information regarding waste materials will be presented at the time of such review. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts have been or will be developed on a project-specific basis in cooperation with the appropriate jurisdiction. 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation There are various vegetative zones within the Kent School District. An inventory of species has been or will be produced as part of project-specific environmental review. b. What kind and amount of vegetation will be removed or altered? Impacts on vegetation will be determined at the time of project-specific environmental review at the time the project is formally proposed. Please see the Supplemental Sheet for Nonproject Actions. c. List threatened or endangered species known to be on or near the site. Specific impacts to these species from individual projects has been or will be determined at the time of project proposal and will be addressed during site-specific, project-level environmental review. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Individual projects included in the Capital Facilities Plan will be subject to environmental review and local approval at the time of project proposal. 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species observed on or near sites has been or will be developed during project-specific environmental review. b. List any threatened or endangered species known to be on or near the site. Specific impacts to these species from individual projects will be determined at the time of project proposal and will be reviewed in cooperation with the affected jurisdictions. c. Is the site part of a migration route? If so, explain. Impacts on migration routes, if any, will be addressed during site-specific, project- level environmental review. a d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined at the time of site-specific, project-level environmental review. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires a life-cycle cost analysis of all heating, lighting, and insulating systems prior to allowing specific projects to proceed. Energy needs will be decided at the time of specific engineering and site design planning. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: Individual projects of this Capital Facilities Plan will be evaluated as to their impact on the solar potential of adjacent projects during environmental review. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures will be considered at the project-specific design phase and environmental review. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions, 2) Proposed measures to reduce or control environmental health hazards, if any: Proposed projects will comply with all current codes, standards, and rules and regulations. Individual projects have been or will be subject to environmental review and local approval at the time of formal submittal. 9 b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises exist within the Kent School District. Specific noise sources have been or will be identified during project-specific environmental review. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Normal construction noises would exist on a short-term basis during school construction. There could be an increase in traffic or operations-related noise which would be addressed during project specific environmental review. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: Project noise impacts have been or will be evaluated and mitigated during the project-specific environmental review. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Kent School District, including residential, commercial, industrial, institutional, utility, agricultural, forestry, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. This question will be addressed during site-specific, project-level environmental review. c. Describe any structures on the site. Structures located on proposed sites have been or will be identified and described during project-specific environmental review when appropriate. d. Will any structures be demolished? If so, what? Structures to be demolished, if any, will be identified as part of the project-specific environmental review process. e. What is the current zoning classification of the site? 10 There are a variety of zoning classifications within the Kent School District. Site specific zoning information has been or will be identified during project-specific environmental review. f. What is the current comprehensive plan designation of the site? An inventory of comprehensive plan designations has been or will be completed during project-specific environmental review. g. If applicable, what is the current shoreline master program designation of the site? Any shoreline master program designations have been or will be identified during project-specific environmental review. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Environmentally sensitive areas, if any, will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? This information has been or will be provided at the time of project-specific environmental review. j. Approximately how many people would the completed project displace? It is not anticipated that proposed projects will displace any people. Displacement of people, if any, will be evaluated during project-specific environmental review. k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan will be subject to project- specific environmental review and local approval at the time the project is formally proposed. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compatibility of the proposal and specific projects with existing uses and plans have been or will be assessed as part of the comprehensive planning process and during project-specific environmental review. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided. ii b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Any impact of project proposals on existing housing has been or would be evaluated during project-specific environmental review procedures. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts have been or will be addressed during site-specific, project-level environmental review. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review. b. What views in the immediate vicinity would be altered or obstructed? Aesthetic impacts have been or will be determined at the time of site-specific, project- level environmental review. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control aesthetic impacts have been or will be determined at the time of project-specific environmental review. 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light or glare impacts have been or will be determined at the time of project-specific environmental review. b. Could light or glare from the finished project be a safety hazard or interfere with views? Light or glare impacts have been or will be determined at the time of project-specific environmental review. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare have been or will be evaluated at the time of project specific environmental review. 12 d. Proposed measures to reduce or control light and glare impacts, if any: Mitigation of light and glare impact has been or will be addressed during project- specific environmental review. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Kent School District. b. Would the proposed project displace any existing recreational uses? If so, describe. Recreational impacts have been or will be addressed during project specific environmental review. Projects in the Capital Facilities Plan may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Any adverse effects on recreation stemming from individual project proposals have been or will be subject to mitigation during the environmental review procedure. A school site usually provides recreational facilities to the community in the form of additional play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. The existence of historic and cultural resources will be determined at the time of project-specific environmental review. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites has been or will be conducted as part of project specific environmental review. c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis. 13 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Impact on public streets and highways has been or will be assessed during project- specific environmental review. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between specific projects and public transit has been or will be assessed during project-specific environmental review. c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces and the impacts of specific projects on parking spaces has been or will be conducted during project-specific environmental review. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The development of new schools may require new access roads or streets. This issue will be fully addressed during project-specific environmental review. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail or air transportation has been or will be addressed during site- specific, project-level environmental review. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Each project proposal has been or will be separately evaluated as to traffic impacts. g. Proposed measures to reduce or control transportation impacts, if any: Mitigation of impacts on transportation has been or will be addressed during project- specific environmental review. 15, Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. 14 The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services. Impacts have been or will be evaluated on a project-specific basis. b. Proposed measures to reduce or control direct impacts on public services, if any. Schools are built with automatic security systems, fire alarms, smoke alarms, heat sensors and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Utilities available at project sites have been or will be identified during project specific environmental review. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs will be identified during project-specific environmental review. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that 7 - e d agency is relying on them to make its decision. t Signature: -� Dr. Richard A. Stedry, Chief Bus ess Officer Date Submitted: June 7, 2011 15 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent this Plan makes it more likely that school facilities will be constructed, and/or renovated or remodeled, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads and playgrounds will increase storm water runoff, which could enter surface or ground water. Emissions to air could result from heating systems, emergency generators and other equipment, and from additional car and bus trips to and from the school for students and faculty. Any emissions resulting from this Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of storage of diesel fuel or gasoline for emergency generating equipment. Noise may result from additional traffic and from concentrating several hundred children at a new facility, especially before and after school and during recesses. To the extent this proposal allows additional residential development to occur, these impacts would also increase somewhat, but it is not possible to quantify those impacts at this time. The impacts would depend on the type, location and distribution of housing, for example, whether single or multiple family and the location of the school. Proposed measures to avoid or reduce such increases are. Facilities implementing the Plan have been or will be evaluated at the project specific level and impacts will be mitigated accordingly. Storm water detention and runoff will meet applicable County and/or City requirements and, depending on the date of actual construction, may be subject to a National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will be minimal, and will meet any applicable requirements of the Puget Sound Air Pollution Control Authority. Fuel oil will be stored according to local and state requirements. 16 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Plan itself will have no impact on these elements of the environment. Depending on the particular site, construction of facilities may require clearing sites of plants and loss of animal habitat. To the extent residential development is allowed, additional area may be cleared and eliminated as habitat for animals. There are not likely to be any impacts on fish or marine life, although some water quality degradation in streams and rivers could occur due to increased residential development. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Individual projects will be evaluated and mitigated appropriately on a project-specific basis, but specific mitigation proposals cannot be identified at this time. 3. How would the proposal be likely to deplete energy or natural resources? Any actual projects resulting from this Plan would consume heating fuel and electrical energy. Increased traffic resulting from the construction of additional facilities would consume petroleum based fuels. Reduced traffic resulting from construction of another neighborhood school may also reduce amounts of fuel consumed, but it is not possible to quantify such reduction in consumption at this time. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. Proposed measures to protect or conserve energy and natural resources are: Facilities would be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Plan and facilities constructed pursuant to the Plan should have no impact on these resources. It is not possible to predict whether other development made possible by this Plan would affect sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific measures are being proposed at this time. Appropriate measures have been or will be proposed during project-specific review. Annual updates of this Plan will be coordinated with King County, Cities of Kent, Covington, Auburn, Renton, SeaTac, Maple Valley and Black Diamond as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the School District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected. 17 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans. Proposed measures to avoid or reduce shoreline and land use impacts are: None are proposed at this time. Actual facilities constructed to implement the Plan will be sited and constructed to avoid or reduce land use impacts. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This proposal should not create substantial new demands for transportation. The projects included in the Capital Facilities Plan may create an increase in traffic near new District facilities but also reduce traffic by creating the opportunity for more students to walk to a closer school. The construction of the facilities included in the Capital Facilities Plan may result in minor increases in the demand for public services and utilities, such as fire and police protection, and water, sewer, and electric utilities. None of these impacts are likely to be significant. The impacts on transportation and public services and utilities of the projects included in the Capital Facilities Plan will be addressed during project-level review when appropriate. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Kent School District Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 18 FEDERAL WAY PUBLIC SCHOOLS f r An I ARY Bin kzkl� 1,71,&1 1 "A-loil 2012 CAPITAL FACILITIES PLAN v , �i , FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Tony Moore Amye Bronson-Doherty Ed Barney Angela Griffin Suzanne Smith SUPERINTENDENT Rob Neu Prepared by: Sally D. McLean Tanya Nascimento FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS 1 INTRODUCTION 2-3 SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 4 Inventory of Educational Facilities 5 Inventory of Non-Instructional Facilities 6 Needs Forecast- Existing Facilities 7 Needs Forecast- New Facilities 8 Six Year Finance Plan 9 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 11 Map - Elementary Boundaries 12 Map - Middle School Boundaries 13 Map - High School Boundaries 14 SECTION 3 SUPPORT DOCUMENTATION Introduction 15 Building Capacities 16-17 Portable Locations 18-19 Student Forecast 20-22 Capacity Summaries 23-27 King County Impact Fee Calculations 28-30 SECTION 4 SUMMARY OF CHANGES FROM THE 2011 31-33 PLAN 1 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB)2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No.3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2012 Capital Facilities Plan as of May 2011. This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers. A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture, and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies or management need. Currently,the District plans to replace Federal Way High School and to increase capacity by approximately 200 students. Federal Way High School was built in 1938. It has been added onto at least 10 times and currently has an almost maze-like layout. Based on a 2006 bond estimated construction cost,the estimated cost to rebuild Federal Way High School is $81 million. Final construction costs are under consideration by the Board for the February 2012 bond election. Plans to replace Decatur High School and to increase capacity by approximately 200 students are planned in a later phase. None of the cost to replace Decatur High School is included in the Impact Fee calculation in this Plan. The non-instructional projects included in the plan will consolidate support services operations at a single location. The current Transportation and Maintenance facility cannot continue to meet the District needs in the future. Nutrition services and other administrative functions will also relocate to this centralized location. The District continues to monitor factors that may have an impact on enrollment and capacity at our schools. One such factor is SHB 2776, which will phase in full-day kindergarten for all students and decrease K-3 class size from 20 to 17. This is proposed to be fully funded by 2017-18. Using current enrollment,the decrease in class size would create the need for an additional 69 classes for K-3 students. This number would 2 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN significantly increase by 2017-18. The District will follow this bill as it progresses and assess the facility impact this bill will create. Another factor would be the inclusion of a Program of Early Learning for at risk children within the overall Program of Basic Education. The District will also continue to follow the changes in legislation surrounding the Running Start program. Changes in availability and cost to parents of this program could result in the return of high school students to our schools. We will also continue to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming years. We currently have three areas under review for boundary changes. The maps included in this Plan reflect our current boundaries. 3 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN SECTION 1 - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 4 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 1635 SW 304' St Federal Way 98023 Brigadoon 3601 SW 336' St Federal Way 98023 Camelot 4041 S 298" St Auburn 98001 Enterprise 35101 5' Ave SW Federal Way 98023 Green Gables 32607 47' Ave SW Federal Way 98023 Lake Dolloff 4200 S 308' St Auburn 98001 Lake Grove 303 SW 308' St Federal Way 98023 Lakeland 35827 32vd Ave S Auburn 98001 Mark Twain 2450 S Star Lake Rd Federal Way 98003 Meredith Hill 5830 S 300' St Auburn 98001 Mirror Lake 625 S 314" St Federal Way 98003 Nautilus (K-8) 1000 S 289' St Federal Way 98003 Olympic View 2626 SW 327' St Federal Way 98023 Panther Lake 34424 1"Ave S Federal Way 98003 Rainier View 3015 S 368' St Federal Way 98003 Sherwood Forest 34600 12' Ave SW Federal Way 98023 Silver Lake 1310 SW 325" PI Federal Way 98023 Star Lake 4014 S 270' St Kent 98032 Sunnycrest 24629 42°d Ave S Kent 98032 Twin Lakes 4400 SW 320' St Federal Way 98023 Valhalla 27847 42"d Ave S Auburn 98001 Wildwood 2405 S 300" St Federal Way 98003 Woodmont(K-8) 26454 16' Ave S Des Moines 98198 MIDDLE SCHOOLS Federal Way Public Academy (6-10) 34620 9' Ave S Federal Way 98003 Illahee 36001 1"Ave S Federal Way 98003 Kilo 4400 S 308' St Auburn 98001 Lakota 1415 SW 314' St Federal Way 98023 Sacajawea 1101 S Dash Point Rd Federal Way 98003 Saghalie 33914 19" Ave SW Federal Way 98023 Sequoyah 3450 S 360' ST Auburn 98001 Totem 26630 40' Ave S Kent 98032 TAF Academy (6-12) 26630 40" Ave S Kent 98032 HIGH SCHOOLS Decatur 2800 SW 320' St Federal Way 98023 Federal Way 30611 16' Ave S Federal Way 98003 Thomas Jefferson 4248 S 288' St Auburn 98001 Todd Beamer 35999 16" Ave S Federal Way 98003 Career Academy at Truman 31455 28' Ave S Federal Way 98003 ALTERNATIVE SCHOOLS Merit School 36001 1"Ave S Federal Way 98003 Internet Academy 31455 28'Ave S Federal Way 98003 Employment Transition Program 33250 214 Ave SW Federal Way 98023 5 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES Developed Propertv Administrative Building 31405 18t' Ave S Federal Way 98003 MOT Site 1066 S 320t' St Federal Way 98003 Central Kitchen 1344 S 308t' St Federal Way 98003 Federal Way Memorial Field 1300 S 308t' St Federal Way 98003 Northwest Center 33330 8t' Ave S Federal Way 98003 Leased Space Community Resource Center 1813 S Commons Federal Way 98003 Student Support Annex 32020 lsr Ave S Federal Way 98003 Notes: In November 2011,the Administrative Building, Community Resource Center, and Student Support Annex will be relocated to the Northwest Corporate Center. The leases for the Community Resource Center and the Student Support Annex will end in November 2011. In 2010, construction began on Site 81. The MOT Site & Central Kitchen will be relocated to this site in late 2011. The Administration Building and MOT Site have been surplussed and will be marketed for sale. Undeveloped Propertv Site Location 75 SW 360th Street& 3rd Avenue SW—9.2 Acres 65 S 35lst Street& 52nd Avenue S —8.8 Acres 60 E of loth Avenue SW - SW 334th & SW 335t' Streets - 10.04 Acres 73 N of SW 320t' and east of 451h PL SW—23.45 Acres 71 S 344th Street& 46th Avenue S - 17.47 Acres 82 1sr Way S and S 342°d St—Minimal acreage 96 S 308t' St and 14t' Ave S —.36 Acres 81 S 332°d St and 9t' Ave S —20 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 6 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Federal Way High School Replace Existing Building, Future bond authorization Increase Capacity Decatur High School Replace Existing Building, Future bond authorization. Increase Capacity The District is also replacing some non-instructional facilities. The District has purchased 20 acres (Site #81)for construction of consolidated facilities for support services functions. Transportation, Nutrition Services, Maintenance and other non- instructional functions will be housed at this centralized location. As part of the multi-phase plan, the District intends to increase capacity for high school students with expansion at the Federal Way High School site. Increased capacity at Federal Way High and Decatur High in later phases supplant the need for construction of a fifth comprehensive high school. 7 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN NEEDS FORECAST - ADDITIONAL FACILITIES NEW FACILITY LOCATION ANTICIPATID SOURCE OF FUNDS No current plans for additional facilities. 8 8 8 88 a a as c o n o n U 0 F 0 0 0 0 0 0 0 0 � ,O f1 V1 t1 N O � N1 b Fy W V3 O O q O O O O O a N � N O !• 9 N O � O=9 p O �° 0 u C C m o O b � 6 9 U too N U F �y o 0 pp N w � w s 2 ~l N V3 C ti q .0 P N N IMI S M o RP m w m e �' v ., oz 9 m c e °,.s 'b` m o a N c a ° O °O too'.`; Soo w cad O z a m d' .5 t', o m ,. ,, o o 0 0 Z FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN SECTION 2 - MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools has twenty-one elementary schools (grades K-5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), four high schools (grades 9-12) and three small secondary schools. The Federal Way Public Academy serves students in grades 6-10. The TAF Academy serves students in grades 6- 12 who reside in the Totem Middle School service area. The Career Academy at Truman High School serves students in grades 9-12. The Internet Academy serves grades K-12. The following maps show the service area boundaries for each school, by school type. (Career Academy at Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. We currently have 3 areas under consideration for boundary changes. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 11 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN ELEMENTARY SCHOOL BOUNDARIES } l Berrcniay 9hools „`� ; �" Nm i 2 B,, doors I 1 a elame ea IIII3 Camelot ' 4 Enterprise , 5 Green Gables 1 i 8 Lake 0o11otl l� ] Lake Grwe , 8 Lakeland 17 9 Marty Twain 10 Meredllh Hill If 11 Mir,_ake 12 NauShs(148) 0 r l f 14 PantherL�e � 15 Rainier Vew 16 Sherwood Forest ) 1 ✓% 17 Silver-ake 18 Star LJae 2f] Twin Lake 21 Valhalla ^ ' �A ZZ Wildwood '� �i Wcodmont(148) Addle Schools High9choob Adminkhatide Building; , Ondeveloped SRes , Al I 1 r ago^ Y It 0 f i t gl !1 IN w s �l 1 1I { 12 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN MIDDLE SCHOOL BOUNDARIES M tltlle 6o`iools ll `ll Name K Federal Way Pobllc Academy I�• K Illaheeidi 31 Kilo 32 Lek ofa 33 Sacalanea j,�� , 34 Saghalle 3l Sego.yah 35 Tctem �fffElementary Schook l High Schools ) if i Adminktratiee Buildings > lJndeo I.ped Sdes l i r � flko y „ if Xi Y 7///iMINE 32 f/m, 36 �> 44 if if f I l 37 -if _f N w 9� 16 r 13 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN HIGH SCHOOL BOUNDARIES HghS ini is t I � m oe�a<ur fJ 41 FederalW, �1 Thomas Je4e ra on ToddBeamei ��, �M 9BO Career Roade my at Truma n �i*, 51 Employe A Trays Rion F rog ram 1jVff),Elementary Schook 1 Addle Shook ICI Admin atraNre Bulldln� 'P. ❑n deoel oped St. f 1 d � r t.. J 1 I 1 , I YOD uol 1 JJf 54 to WE N i 14 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast—2012 through 2018 Capacity Summaries King County Impact Fees - Single and Multi-Family Units 15 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades 6 to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. A recent Study & Survey was the basis for changes to the OSPI building report. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten programS require additional capacity because the standard classroom is available for one all day session rather than two half day sessions. The District will operate 52 sections of all day Kindergarten in 2011-12. Special Education Resource Rooms: Each elementary and middle school requires the use of a standard classroom(s)for special education students requiring instruction to address specific disabilities. English as a Second Language Programs: Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has computer labs, except Totem Middle School. Wireless access has been installed at all secondary schools. If additional classroom space is needed, these computer labs may be converted to mobile carts. High School Career Development and Learning Center(Resource) Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. Preschool/ECEAP/Headstart: Our district currently offers preschool programs for both special needs &typically developing students at 8 elementary schools. We also have the ECEAP and Headstart program at 6 schools (3 elementary & 3 high schools). These programs decrease capacity at those sites. 16 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING MIDDLE SCHOOL BUILDING PROGRAMCAPACITY PROGRAMCAPACITY School Name Headcount School Name Headcount FTE Adelaide 372 Illahee 855 864 Bngadoon 319 Kilo 829 837 Camelot 269 Lakota 707 714 Enterprise 458 Sacajawea 655 662 Green Cables 437 Saghalie 804 812 LakeDolloff 433 Sequoyah 569 575 Lake(rove 323 Totem 739 746 Lakeland 406 Federal Way Public Academy 209 211 Mark Twain 287 Technology Access Foundation Academy** Meredith Hill 453 2011 TOTAL 5,367 5,421 Mirror Lake 325 Nautilus(K-8) 367 Olympic View 348 •Mddle School Awrage 737 744 PantherLake 434 Rainier View 432 HIGH SCHOOL BUILDING Sherwood Forest 423 PROGRAMCAPACTTY SilverLake 410 Star Lake 361 School Name Headcount FTE Sunnycrest 382 Decatur 1249 1,336 Twin Lakes 297 Federal Way 1538 1,645 Valhalla 442 Thomas Jefferson 1349 1,443 Wildwood 297 ToddBeamer 1123 1,201 Woodmont(K-8) 346 Career Academy at Truman 163 174 2011 TOTAL 8,621 Federal Way Public Academy 109 117 Employment Transition Program 48 51 Technology Access Foundation Academy** 1'1ementar Awra a 375 2011 TOTAL 5,579 5,967 high School Average 1315 1406 Notes: *Federal Way Public Academy,Career Academy at Truman High School,and Employment Transition Program are non-boundary schools. These schools are not used in the calculated averages. "Technology Access Foundation Academy is housed entirely in portables on the TotemMiddle School site. 17 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 18 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLESLOCATED PORTABLES LOCATED AT ELEMENTARY SCHOOLS AT HIGH SCHOOLS rvory rvory msraucTIONAL msraucTIONAL INSUtUcnorvAL msraucTION , Adelaide 1 2 Decatur 9 Brigadcon 1 Federal Way 2 1 Camelot 1 Thomas Jefferson 10 Enterprise 2 1 Todd Beamer 9 Green Gables 1 TAF Academy 8 1 Lake Dolloff 1 1 TOTAL 38 2 Lake Grove 1 1 Lakeland Mark Twain 2 1 Meredith Hill 1 2 Minor Lake 4 PORTABLES LOCATED Nautilus 1 AT SUPPORT FACILITIES Olympic View 1 1 Panther Lake I IL4OT 1 Rainier View 1 2 11 i 5 Sherwood Forest 3 1 ITOTAL 6 Silver Lake 1 3 Star Lake 4 Sunnycrest HEAD START PORTABLES AT DISTRICT SITES Twin Lakes 3 Valhalla Sherwood Forest 1 W ildwood 4 Woodmorit 3 11otal 1 TOTAL 31 20 PORTABLESLOCATED AT MIDDLE SCHOOLS rvory msraucTIONAL msraucTIONAL Illahee 3 Kilo 7 Lakota Sacajawea 7 Saghalie 2 2 Sequoyah 1 1 Totem Merit 3 TAF Academy 8 1 28 7 19 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. Projections must be detailed at various levels, district total, school-building totals, grade level and program level to include vocational and special education students. The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. This method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted factors to study several projections. Because transfers in and out of the school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten)are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. The Federal Way School District is using various statistical methods for projecting student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment Master software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county-wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used for long range enrollment reporting assume that enrollment is a constant percent of 20 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2017. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. Current economic conditions do appear to be affecting enrollment. This is reflected in the District's projections. The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 21 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections S4mphfled FFE(K Headcount=.5 FTE;Middle School FTE=.99 Headcount;High School FTE=.935Headcount) Total K-12 Percent CalendarYr SchoolYear Elementary Middle School High School FTE Change 2006 2005-06 9,105 5,309 6,770 21,184 2007 2006-07 9,022 5,261 6,754 21,037 -0.7% 2008 2007-08 8,912 5,167 6,637 20,716 -1.5% 2009 2008-09 8,865 5,155 6,456 20,476 -1.2% 2010 2009-10 8,738 5,119 6,594 20,451 -0.1% 2011 2010-11 8,753 5,142 6,544 20,439 -0.1% 2012 B2011-12 5,759 5,166 6,425 20,350 -0.4% 2013 P2012-13 &848 5,118 6,385 20,351 0.0% 2014 P2013-14 &948 5,093 6,396 20,437 0.4% 2015 P2014-15 9,034 5,138 6,363 20,535 0.5% 2016 P2015-16 9,111 5,215 6,320 20,646 0.5% 2017 P2016-17 9,215 5,258 6,284 20,757 0.5% 2018 P2017-18 9,310 5,286 6,294 20,890 0.6% Elementary K-5 Middle School6-8 High School9-12 � �°. n°w eon �''- �o row r�>_ �''oi �.•'-'i �''°� �''�> o School Year GFTE 22 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN Capacity Summaries All Grades, Elementary, Middle School, and High Schools The Capacity Summaries combine Building Capacity information and the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and high school levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 23 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN CAPACH'YSUMMARY-ALL GRADES Bud et -- Pro'ected-- Calendar Year 2012 2013 2014 2015 2016 2017 2018 CAPACfFV School Year 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 BUILDING PROGRAM HEADCOUNT CAPACITY 19,567 19,667 19,667 19,667 19,867 19,867 19,867 FTECAPACITY ' 20,009 20,109 20,109 20,109 20,309 20,309 20,309 Add or subtract changes to capacity Increase Capacity-Lakeland and Sunnycrest 100 Increase Capacity at Federal Way HS 200 Adjusted Program Headcount Capacity 19,667 19,667 19,667 19,867 19,867 19,867 19,867 Adjusted Program FTECapacityEN ' 20,109 20,109 20,109 20,309 20,309 20,309 20,309 ' ENROLLMT BasicFTEEnrollment 20,350 20,351 20,437 20,535 20,646 20,757 20,890 Internet Academy Enrollment(AAFTE) (315) (315) (315) (315) (315) (315) (315) Basic FTE Enrollment without Internet Academy 20,035 20,03b 20122 i 20,220 20,331 20,442 20,575 SURPLUS OR(UNHOUSED) PROGRAM FTECAPACH'Y 74 73 (13) 89 (22) (133) (266) RELOCATABLECAPACUY Current Portable Capacity 2,300 2,325 2,325 2,325 2,275 2 275 2,275 Deduct Portable Capacity (25) (50) Add New Portable Capacity 50 Adjusted Portable Capacity 2,325 2,325 2,325 2,275 2275 2,275 2,275 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 2J99 2,398 2,312 2J64 2253 2,142 2,009 24 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN CAPACHY SUMMARY-ELFMEINTARY S CHOOLS Budget -- Projected-- Calendar Year 2012 2013 2014 2015 2016 2017 2018 CAPACITY JSchoolYear 12011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 BUILDINGPROGRAM HEAD COUNT CAPACITY 8,621 8,721 8,721 8,721 8,721 8,721 8,721 FTECAPACITY 8,621 8,721 8,721 8,721 8,721 8721 8,721 1. Increase Capacity Lakeland and Sunnycrest 100 Adjusted Program Headcount Capacity 8,721 8,721 8,721 8,721 8,721 $721 8,721 Adjusted Program FIE Capacity 8,721 8,721 8,721 8,721 8,721 8721 8,721 ENROLLMENT Basic FTEEurollment 8,759 8,848 8,948 9,034 9,111 9,215 9,310 2. Internet Academy(AAFTE) (36) (36) (36) (36) (36) (36) (36) Basic FTEEnrollment without Internet Academy 81723 8,812 8,912 i 8,998 9,075 9,179 9,274 + SURPLUS OR(UNHOUSED) PROGRAMCAPACATY (2) (91) (191) '; (277) ',(354) (3S8) (553) RELOCATABLECAPACITY 3. Current Portable Capacity 775 1100 800 800 1100 800 800 Subtract single portable from Minor Lake (25) Add double portable to Mirror Lake 50 Adjusted Portable Capacity 800 800 800 800 800 800 800 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY f 798 709 609 523 446 342 247 NOTES: 1. Increase Capacity at Lakeland,and Sunnycrest 2. Internet Academy students are included in projections but do not require full time us e of s chool facilities. 3. Relocatable Capacity is based on the number of portables available and other administmtive techniques which can be used to temporarily hous e students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be us ed will be has ed on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructionaluse. 25 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN CAPACITY SUMMARY-MIDDLE SCHOOLS Budget -- Projected-- Calendar Year 2012 2013 2014 2015 2016 2017 2018 CAPACITY School Year 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 BUILDING PROGRAM HEADCOUNT CAPACITY 5,367 5,367 5,367 5,367 5,367 5,367 5,367 FTECAPACITY 5,421 5,421 5,421 5,421 5,421 5,421 5,421 Add or subtract changes in capacity Adjusted Program Headcount Capacity 5,367 5,367 5,367 5,367 5,367 5,367 5,367 Adjusted Program FTE Capacity; 5,421 5,421 5,421 5,421 5,421 5,421 5,421 ENROLLMENT Basic FTEEnrolment 5,166 5,118 5,093 5,138 51215 5,258 5,286 1 Internet Academy (AAFTE) (74) (74) (74) (74) (74) (74) (74) Basic FTE Enrollment without Internet Academy 5,092 5,044' 5,019 ';5,064 5,141 5,184 5,212 SURPLUS OR(UNHOUSED) PROGRAMCAPACITY 329 377 402 357 280 237' 209 RELOCATABLECAPACITY 2. Current Portable Capacity 575 575 575 575 575 575 575 Add/Subtract portable capacity Adjusted Portable Capacity 575 575 575 575 575 575 575 SURPLUS OR(UNHOUSED) PROGRAM AND RELOCATABLE CAPACITY 904 952 977 932 855 812 784 NOTES: 1. Internet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available.This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables fromthe instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 26 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN CAPACITY SUNVd ARY-HIGH SCHOOLS Budget -- Projected-- Calendar Year 2012 2013 1 2014 2015 1 2016 1 2017 1 2018 CAPACITY JSchoolYear 12011-12 2012-13 2013-14 2014-15 2015-16 201617 2017-18 BUILDING PROGRAM HEADCOUNT CAPACITY 5,579 5,579 5,579 5,579 5,779 5,779 5,779 FTE CAPACITY 5,967 5,967 5,967 5,967 6,167 6,167 6,167' Add or subtract changes in capacity Add capacity to Federal Way HS 200 Adjusted Program Headcount Capacity 5,579 5,579 5,579 5,779 5,779 5,779 5,779 '• Adjusted Program FTE Capacity', 5,967 5,967 5,967 6,167 6,167 6,167 6,167` FNROI I AMNT Basic FTEEnrOilrnent 6,425 6,385 6,396 6,363 6,320 6,284 6,294 1 Internet Academy(AAFTE) (205) (205) (205) (205) (205) (205) (205) Basic Ed without Internet Academy 6,220 6,180 6,191 i 6,158 6,115 6,079 6,089+ SURPLLB OR(UNHOLBED) PROGRAMCAPACITY (253) (213) (224) 9 52 SS 78 RELOCATABLECAPACITY 2. Current Portable Capacity 950 950 950 950 901 901 900 Add/Subtract portable capacity Subtract.portable capacity at Federal Way HS (50) '. Adjusted Portable Capacity 950 950'. 950 900 '.900 900 900 SURPLLB OR(UNHOLBED) PROGRAMAND RELOCATABLE 3. CAPACITY 697 737 726 909 952 988 978 NOTES: 1. Intemet Academy students are included in projections but do not require full time us e of school facilities. 2. Relocatable Capacity is based on the number ofportables available and other administrative techniques which can be us ed to temporarily house students until permanent facilities are available.This is a calculated number only. The actual number of portables that will be us ed will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 3. Capacity for unhous ed students will be accommodated with traveling teachers and no planning time in some classrooms. 27 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi-Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 21A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi-family unit and to gather some standard construction costs, which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi-family units. The factors used in the 2012 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi-family units based on King County Code 21A and the Growth Management Act. ➢ Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. Plan Year 2012 Plan Year 2011 Single Family Units* $4,014 $4,014 Multi-Family Units $1,253 $2,172 *Due to current economic conditions, Federal Way Public Schools has made the decision to retain the impact fee for Single Family Units at the 2011 rate instead of the updated 2012 rate of$4,461. 28 � Oc�Oo mar° rn � °gym N vN m A w 0 Aro rnco rnu� coo cro rn d d on ~ LL 0 0 0 0 0 0 0 0 0 0 O N O N D V M M N (00 M N a O N N Ol N LL O 0 0 0 0 0 0 0 0 0 O 2 O O L C M of N M of V N LL� O M W O y O M O of M N (O N O O V N A D N LL O 0 0 0 0 0 0 0 0 0 O 'O A C O V V M N M (O N a V O O w W h O 00 42 00 W J Ol N 0 � = Z 2 = S �xQ�x11 0 0 O a � O t N s 14 (n N W V O V I� _ N (r0 V v w z > > N 0 x Qa GC a warn of O N N O N M a GC O O M O Uz w ee � w � 00000 = w U � � z W = w `o a LL — o 0 0 0 0 0 0 0 0 0 0 z � Q 0E w J Ol y z C (0 fn O O N C y z O N ] A W Ac o W d > ) N o c U T Y W 2 V (� 0 "06 Y A L A .a0 0 N - N O IQFUC� � FZC) 0 0 0 0 0 0 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN IMPACT FEE School Site Acquisition Cost: Student Student Facility Cost/ Facility Factor Factor Cost/ Cost/ Acreage Acre Capacity SFR MFR SFR MFR Elementary 0.3315 0.1480 $0 $0 Middle School ............................ ...................... ..................... ........... .1658........................... .��0420 $0 $0 0. High School .....................4.8 . .......$ . .�8. .................. .� ........... . ��.�.�.�.�.�.�.�.�.�.�.�.0.��0590 $4,313 TOTAL $4,313 $1,215 School Construction Cost: Student Student % Perm Fac./ Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Capacity SFR MFR SFR MFR Elementary 95.90% 0.3315 0.1480 $0 $0 Middle School 94.76% 0.1658 0 0420 $0 $0 High School 96.53% $1015301000 200 Q.2095 0 0590 $10,647 $2,999 TOTAL $10,647 $2,999 Temporary Facility Cost: Student Student %Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total Sq Ft Cost Size SFR MFR SFR MFR Elementary 4.10% $199,832 25 0.3315 0.1480 $109 $49 Middle School 5.24% 0.1658 0.0420 High School 3.47% 0.2095 0.0590 TOTAL $109 $49 State Matching Credit Calculation: Student Student Construction Cost Sq. Ft. State Factor Factor Cost/ Cost/ Allocation/Sq Ft Student Match SFR MFR SFR MFR Elementary $180.17 0.3315 0.1480 $0 $0 Middle School $180.17 0.1658 0 0420 $0 $0 High School $180.17 130 62.53% 0.2095 0 0590 $3,068 $864 Total 1 $3,068 1 $864 Tax Payment Credit Calculation SFR MFR Average Assessed Value (March 2011) $257,849 $74,692 Capital Bond Interest Rate (March 2011) 4.91% 4.91% Net Present Value of Average Dwelling $1,999,773 $579,281 Years Amortized ..........� .......... .........�. ......... Property Tax Levy Rate .......$. .5 4........ ......$ ..54....... Present Value of Revenue Stream $3,079 $892 Single Family Multi-Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ 4,313 $ 1,215 Permanent Facility Cost $ 10,647 $ 2,999 Temporary Facility Cost $ 109 $ 49 State Match Credit $ (3,068) $ (864) Tax Payment Credit $ (3,079) $ (892) Sub-Total $ 8,922 $ 2,506 50% Local Share $ 4,461 $ 1,253 Calculated act Fee $ 4,461 $ 1,253 2012 Imapct Fee $ 4,014 $ 1,253 30 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2011 CAPITAL FACILITIES PLAN The 2012 Capital Facilities Plan is an updated document, based on the 2011 Capital Facilities Plan. The changes between the 2011 Plan and the 2012 Plan are listed below. SECTION I - THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2012-2018 SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary capacity includes space for All Day Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 17. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 19. STUDENT FORECAST The Student Forecast now covers 2012 through 2018 Enrollment history and projections are found on page 22. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 24-27. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2011 Capital Facilities Plan and the 2012 Capital Facilities Plan can be found on page 32 and 33. 31 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2011 TO 2012 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2011 Capital Facilities Plan and the 2012 Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 29. SCHOOL CONSTRUCTION COSTS The anticipated cost based on 2006 estimates for replacing Federal Way High is $81,000,000. The replacement will add 200 additional seats. The current capacity of Federal Way High is 1538. The addition of200 seats will increase capacity by 13%. Total Cost $81,000,000 x.13 = $10,533,000 SCHOOL ACQUISITION COSTS The district purchased the Norman Center to house the Employment Transition Program and at a later date the ECEAP program. The purchase and use of this site increased our high school capacity by 51 students. Total Cost $2,100,000/2 =$1,050,000 The District will use the above formulas created as a base for the 2012 Capital Facilities Plan. The capacity of Federal Way High may vary from year to year as programs are added or changed and construction cost may increase over time. 32 FEDERAL WAY PUBLIC SCHOOLS 2012 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2011 TO 2012 IMPACT FEE Item From/To Comment Percent of Permanent 95.71%to 95.16% Report #3 OSPI Facilities 4.29%to 4.84% Updated portable inventory Percent Temporary Facilities Average Cost of Portable $183,996 to $199,832 Updated average of portables Classroom purchased and placed in 2010 Construction Cost Allocation $180.17 to $180.17 Change effective July 2010 State Match 61.86%to 62.53% Change effective July 2011 Average Assessed Value SFR— Per Puget Sound Educational $267,668 to $257,849 Service District (ESD 121) MFR— $84,429 to $74,692 Capital Bond Interest Rate 4.33%to 4.91% Market Rate Property Tax Levy Rate $1.72 to $1.54 King County Treasury Division Single Family Student Yield Updated Housing Inventory Elementary .3507 to .3315 Middle School .1701 to .1658 High School .2236 to .2095 Multi-Family Student Yield Updated County-Wide Average Elementary .1650 to .148 Middle School .0530 to .042 High School .0640 to .059 Impact Fee SFR— Due to current economic conditions, $4,014 to $4,014 SFR retained at 2011 rate. (Calculated 2012 SFR $4,461) MFR— MFR based on the updated $2,172 to $1,253 calculation 33 DETERMINATION OF NONSIGNIFICANCE Issued with a 14 Day comment and appeals period Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single action: 1. The adoption of the Federal Way Public Schools' 2012 Six Year Capital Facilities Plan by the Federal Way Public Schools for the purposes of planning for the facilities needs of the District. 2. The amendment of the King County Comprehensive Plan by King County to include the Federal Way Public Schools' 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the King County Comprehensive Plan. 3. The amendment of the Comprehensive Plans of the City of Federal Way, City of Kent and the City of Auburn to include the Federal Way Public Schools' 2012 Capital Facilities Plan as part of the Capital Facilities Plan Element of the City of Federal Way's, City of Kent's and the City of Auburn's Comprehensive Plan. This proposal may also involve the amendment of the Comprehensive Plans of the City of Des Moines to incorporate the Federal Way Public Schools' 2012 Capital Facilities Plan into the Capital Facilities Element of the City of Des Moines' Comprehensive Plan. Proponent: Federal Way Public Schools Location of the Proposal: The Federal Way Public Schools District includes an area of approximately 35 square miles. Areas of the cities of Federal Way, Kent, Des Moines and Auburn fall within the District's boundaries, as do parts of unincorporated King County. Lead Agency: Federal Way Public Schools is the lead agency pursuant to WAC 197-11-926. The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 5:00 p.m., May 7, 2011. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible Official: Ms. Tanya Nascimenot Enrollment and Demographics Federal Way Public Schools Telephone: (253) 945-2071 Address: 31405 18th Avenue South Federal Way WA 98003 You may appeal this determination in writing by 5:00 p.m., May 7, 2011 to Tanya Nascimento, Federal Way Public Schools, 31405 18th Avenue South, Federal Way, WA 98003. Date of Issue: April 23, 2011 Date Published: April 23, 2011 2 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 1 ENVIRONMENTAL CHECKLIST Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply" In addition, complete the Supplemental Sheet for nonproject actions (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 2 ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of a Six-Year Capital Facilities Plan by the Federal Way School District No. 210 for the purposes of planning for the District's facilities needs. The King County, City of Federal Way, City of Kent and the City of Auburn's Comprehensive Plan will be amended to include the District's 2011 Capital Facilities Plan in the Capital Facilities Plan Element. This project may also involve the amendment of the Comprehensive Plans of the city of Des Moines to incorporate the District's 2011 Capital Facilities Plan. 2. Name of applicant: Federal Way School District No. 210. 3. Address and phone number of applicant and contact person: Federal Way School District No. 210 31405 18th Avenue South Federal Way WA 98003 (253) 945-2000 Contact Person: Ms. Tanya Nascimento Enrollment and Demographics Telephone: (253)945-2071 4. Date checklist prepared: April 23, 2011 5. Agency requesting checklist: Federal Way School District No. 210 6. Proposed timing or schedule (including phasing, if applicable): The Federal Way School District's 2011 Capital Facilities Plan is scheduled to be adopted by the District in May 2011. The Capital Facilities Plan will be forwarded to King County, the City of Federal Way, City of Kent and the City of Auburn for inclusion in each jurisdiction's Comprehensive Plan. It will also be forwarded to the city of Des Moines for possible inclusion in this jurisdiction's Comprehensive Plans. The District will continue to update the Capital Facilities Plan annually. The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 3 ENVIRONMENTAL CHECKLIST The Capital Facilities Plan sets forth the capital improvement projects that the District is currently implementing. These include construction of four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla. This plan also includes construction of Lakota Middle School. Additionally the plan covers the purchase and siting of temporary facilities at various locations. Non-instructional projects included in the plan will consolidate support services operations at a single location. This will include the construction of new facilities to house the Transportation, Maintenance and Nutrition Services departments. Current plans are for all the projects to be complete by 2013. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan will undergo additional environmental review, when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Permits will be applied for with the appropriate jurisdiction for minor projects during the 2012 calendar year. 10. List any government approvals or permits that will be needed for your proposal, if known. The District anticipates that King County, the City of Federal Way, the City of Kent and the city of Auburn will adopt this Capital Facilities Plan into their Comprehensive Plan. The city of Des Moines may also adopt this Capital Facilities Plan into the Capital Facilities Elements of their Comprehensive Plans (when issued). 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a non-project action. This proposal involves the adoption of the Federal Way School District's 2012 Capital Facilities Plan for the purpose of planning the District's facilities needs. The District's Capital Facilities Plan will be incorporated into King County's, the City Federal Way's, the City of Kent's and the City of Auburn's Comprehensive Plans. It may also be incorporated into the Comprehensive Plans of the city of Des Moines. The projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review. A copy of the Capital Facilities Plan may be viewed at the District's offices. 4 ENVIRONMENTAL CHECKLIST 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Capital Facilities Plan will affect the Federal Way School District. The District includes an area of approximately 35 square miles. The City of Federal Way, parts of the cities of Kent, Des Moines and Auburn, parts of unincorporated King County, fall within the District's boundaries. A detailed map of the District's boundaries can be viewed at the District's offices. 5 ENVIRONMENTAL CHECKLIST B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The Federal Way School District is comprised of a variety of topographic land forms and gradients. Specific topographic characteristics of the sites at which the projects included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Federal Way School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-specific environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-specific environmental review when appropriate. Individual projects have been or will be subject to local approval processes. 6 ENVIRONMENTAL CHECKLIST g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The proposed renovation projects will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each capital facilities project included in the Capital Facilities Plan. This issue has been or will be addressed during project- specific environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-specific environmental review when appropriate. Relevant erosion reduction and control requirements will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be evaluated during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The individual projects included in the Capital Facilities Plan have been or will be subject to project-specific environmental review when appropriate and relevant local approval processes. The District will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 7 ENVIRONMENTAL CHECKLIST 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Federal Way School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Federal Way School District. Applicable local approval requirements have been or will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Applicable local regulations have been or will be satisfied. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project- specific environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplain area, will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 8 ENVIRONMENTAL CHECKLIST Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-specific environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-specific environmental review when appropriate. Each project is or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-specific environmental review. c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have storm water runoff consequences. Specific information regarding the storm water impacts of each project has been or will be provided during project-specific environmental review when appropriate. Each project is or will be subject to applicable local storm water regulations. 9 ENVIRONMENTAL CHECKLIST 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-specific environmental review when appropriate. Each project is or will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Federal Way School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. 10 ENVIRONMENTAL CHECKLIST d. Proposed landscaping, use of native plans, or other measures to preserve or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. Each project is or will be subject to applicable local landscaping requirements. 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-specific environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-specific environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined during project-specific environmental review when appropriate. 11 ENVIRONMENTAL CHECKLIST 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-specific environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan have been or will be considered during project-specific environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-specific environmental review and local approval at the time they are developed when appropriate. 12 ENVIRONMENTAL CHECKLIST b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises from traffic, construction, residential, commercial and industrial areas exists within the Federal Way School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The District does not anticipate that the projects will create long-term increases in traffic- related or operations-related noise levels. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-specific environmental review when appropriate. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Federal Way School District, including residential, commercial, industrial, institutional, utility, open space, recreational, etc. b. Has the site been used for agriculture? If so, describe. The project sites covered under the Capital Facilities Plan have not been used recently for agriculture. c. Describe any structures on the site. The structures located on the proposed sites for the projects included in the Capital Facilities Plan have been or will be identified and described during project-specific environmental review when appropriate. 13 ENVIRONMENTAL CHECKLIST d. Will any structures be demolished? If so, what? The remodeling and renovation projects will require the demolishment of school structures. The structures that will be demolished as a result of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. e. What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-specific environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects included in the Capital Facilities Plan have been or will be completed during project-specific environmental review when appropriate. g. If applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-specific environmental review when appropriate. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the sites of the projects included in the Plan have been or will be identified during project-specific environmental review. i. Approximately how many people would reside or work in the completed project? The Federal Way School District currently serves approximately 22,200 students. The student population is expected to increase to 23,000 by the year 2016. This projection has been adjusted to reflect the current economic conditions. The District employs approximately 3,200 people. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during project-specific environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. 14 ENVIRONMENTAL CHECKLIST k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan will be subject to project-specific environmental review and local approval when appropriate. Proposed mitigating measures will be proposed at that time, if necessary. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-specific environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-specific environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 10. Aesthetics: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. 15 ENVIRONMENTAL CHECKLIST b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined during project-specific environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project-specific basis when appropriate. 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review. b. Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or will be evaluated during project-specific environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-specific environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Federal Way School District. 16 ENVIRONMENTAL CHECKLIST b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. The projects included in the Capital Facilities Plan, including proposed renovated school and support facilities, may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-specific environmental review when appropriate. A school site usually provides recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects listed on, or proposed for such registers on the sites of the projects included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in more detail during project-specific environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-specific environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures have been or will be proposed on a project-specific basis when appropriate. 14. Transportation: a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 17 ENVIRONMENTAL CHECKLIST b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-specific environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? An inventory of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability has been or will be conducted during project-specific environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-specific environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project-specific environmental review when appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-specific environmental review when appropriate. g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-specific environmental review when appropriate. 15. Public Services: a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The District does not anticipate that the projects identified in the Capital Facilities Plan will substantially increase the need for other public services. b. Proposed measures to reduce or control direct impacts on public services, if any. 18 ENVIRONMENTAL CHECKLIST Remodeled/renovated school or facilities will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the sites of the projects proposed in the Capital Facilities Plan. The types of utilities available at specific project sites have been or will be addressed in more detail during project- specific environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs have been or will be identified during project-specific environmental review when appropriate. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: April 23, 2011 19 ENVIRONMENTAL CHECKLIST D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that school facilities will be constructed and/or renovated and remodeled, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, parking lots, sidewalks, access roads, and playgrounds could increase storm water runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above have been or will be addressed during project-specific environmental review when appropriate. Storm water detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the environment. These impacts have been or will be addressed in more detail during project-specific environmental review when appropriate. The projects included in the Plan are not likely to generate severe impacts on fish or marine life. 20 ENVIRONMENTAL CHECKLIST Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals have been or will be identified, however, during project- specific environmental review when appropriate. 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and individual projects contained therein should have no impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: Appropriate measures have been or will be proposed during project-specific environmental review when appropriate. Updates of this Plan will be coordinated with King County and the cities of Federal Way, Kent, Des Moines, and Auburn as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the District's facilities planning process is part of the overall growth management planning process, these resources are more likely to be protected. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 21 ENVIRONMENTAL CHECKLIST 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. Upon the completion of the projects included in the Capital Facilities Plan, however, the District does not anticipate that its need for public services and utilities will increase substantially beyond existing levels. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 22 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 IuyNVNWli�V�'lYl"Nr1M�nn+w,iYv[� irzrrit ,r l�/// �.�. Adopted by the Auburn School District Board of Directors May 9, 2011 ► %3RUE � SCHOOL (DISTRICT ENGAGE - EDUCATE - EMPOWER 915 Fourth Street NE Auburn, Washington 98002 (253) 931-4900 Serving Students in: Unincorporated King County City of Auburn City of Algona City of Kent City of Pacific City of Black Diamond BOARD of DIRECTORS Carol Helgerson Lisa Conners Craig Schumaker Ray Vefik Janice Nelson Dr. Dennis Kip Herren, Superintendent Table of Contents Section I Executive Summary ... ... ... ... ... ... ... ...Page 1 Section 11 Enrollment Projections... ... ... ... ... ... ... Page 6 Section III Standard of Service... ... ... ... ... ... ... ... Page 8 Section IV Inventory of Facilities... ... ... ... ... ... ... . Page 15 Section V Pupil Capacity... ... ... ... ... ... ... ... ... ... . Page 18 Section VI Capital Construction Plan... ... ... ... ... ..Page 21 Section VII Impact Fees... ... ... ... ... ... ... ... ... ... ... . Page 25 Section VIII Appendices... ... ... ... ... ... ... ... ... ... ..... Page 29 Appendix A.1 - Student Enrollment Projections Page 30 Appendix A.2 - Capital Facilities Plan Projections Page 44 Appendix A.3 - Student Generation Survey Page 49 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section I Executive Summary Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 I. Executive Summary This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Auburn School District (the "District") as the District's principal planning document, in compliance with the requirements of Washington's Growth Management Act and the adopted ordinances of the counties and cities served by the District. This plan was prepared using data available in the spring of 2011. This Plan is consistent with prior long-term capital facilities plans adopted by the District. However, this Plan is not intended to be the sole plan for all of the District's needs. The District may prepare interim and periodic long-range Capital Facilities Plans consistent with Board Policies and actions, taking into account a longer or a shorter time period, other factors and trends in the use of facilities; and other needs of the District as may be required. However, any such plan or plans will be consistent with this Six-Year Capital Facilities Plan. To enable the collection of impact fees in the unincorporated areas of King County and within the City of Auburn and City of Kent, the King County Council, the City of Auburn and the City of Kent will adopt this Plan by reference as part of each jurisdiction's respective comprehensive plan. To enable the collection of impact fees in the Cities of Algona, Pacific and Black Diamond, these municipalities must also adopt this Plan and adopt school impact fee ordinances. Pursuant to the requirements of the Growth Management Act and the local ordinances, the Plan will be updated on an annual basis, and any changes in the fee schedule(s) adjusted accordingly. The Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. While the State Superintendent of Public Instruction establishes square footage guidelines for capacity, those guidelines do not account for the local program needs of the District. The Growth Management Act and the school impact fee ordinance authorize the District to define its standard of service based on the District's specific needs. In general, the District's current standard provides that class size for grades K-2 should not exceed 25 students, class size for grades 3-4 should not exceed 27 students, class size for grade 5 should not exceed 30 students. When averaged over the six elementary grades, this computes to 26.5 students per classroom. Class size for grades 6-12 should not exceed 30 students, with some subject areas restricted to lesser numbers. (See Section III for more specific information.) The capacity of the schools in the District is calculated based on this standard of service and the existing inventory of facilities including transitional classrooms. The District's 2010-11 capacity was 13,725 whereas Full Time Equivalent ("FTE") enrollment for this same period was 13,812.45 (includes Full Day Kindergarten). The actual number of individual students was 14,482 as of October 1, 2010. (See Section V for more specific information.) The capital construction plan shown in Section VI addresses the additions and proposed modernization to the District's existing facilities. This provided for a new high school approved by the voters in February 2003 and opened in September 2005, and the addition of two new elementary schools approved by the voters in February 2005, with Lakeland Hills Elementary opening in the Fall of 2006 and Arthur Jacobsen Elementary opening in the Fall of 2007. The plan includes the construction of a new middle school and a new elementary school, as well as the acquisition of future school sites to accommodate growth. The new facilities are required to meet the projected student population increase to be generated from the large development areas within the Auburn School District. Three areas that have significant impact on the school 2 district are the Lakeland South, the Lea Hill, and the north Auburn valley areas of the district. There are other pockets of development that impact the District as well. The City of Kent has an area of approximately 158 acres that was sold to developers in 2004. The economic downturn has slowed development in these areas. The district completed a comprehensive review of all district facilities and in October 2008 a Steering Committee made recommendations to the board for capital improvements to existing facilities and replacement of seven schools over the next ten years. These recommendations led to a capital improvements levy and a bond issue that was placed on the ballot in March 2009. Both ballot measures were not successful in March. The board determined to re-run only the capital improvements levy in November 2009, which the voters approved. The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent provide for the assessment of impact fees to assist in meeting some of the fiscal impact incurred by a District experiencing growth and development. Section VII sets forth the proposed school impact fees for single family and multi-family dwelling units. The student generation factors have been generated using the students who actually attend school in the Auburn School District from single family and multi-family developments constructed in the last five years. The method of collecting the data is with the use of GIS mapping software, data from King County and Pierce County GIS, and to integrate the mapping with student data from the district's student data system. This method gives the District actual student generation numbers for each grade span for identified developments. This data is contained in Appendix A.3. 3 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 EXECUTIVE SUMMARY CAPITAL FACILITIES PLAN CHANGES FROM 2010 TO 2011 Listed below is a summary level outline of the changes from the 2010 Capital Facilities Plan that are a part of the 2011 Plan. The changes are noted by Section for ease of reference. Section I Executive Summary A. Updated to reflect new information within the Plan. B. Summary level list of changes from previous year. Section II Enrollment Projections Updated projections. See Appendices A.1 & A.2. Section III Standard of Service A. Increase of 1 adaptive behavior classroom at high school level B. Reduction of 1 adaptive behavior room at elementary level Section IV Inventory of Facilities No change from 2010-11 to 2011-12. Section V Pupil Capacity No change from 2010-11 to 2011-12. 4 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 EXECUTIVE SUMMARY Section VII Impact Fees CHANGES TO IMPACT FEE DATA ELEMENTS 2010 to 2011 CPF CPF DATA ELEMENTS 2010 2011 EXPLANATION Student Generation Factors Single Family Consistent with King County Ordinance 11621, Elementary 0.3080 0.3130 Student Generation Factors are calculated Mid School 0.1470 0.1540 by the school district based on district Sr. High 0.1770 0.1650 records of average actual student generation Multi-Family rates for new developments constructed Elementary 0.0860 0.1240 over the last five years. Mid School 0.0380 0.0560 Sr. High 0.0310 0.5190 School Construction Costs Elementary $21,750,000 $21,750,000 Middle School $42,500,000 $42,500,000 Site Acquisition Costs Cost per acre $290,381 $290,381 Updated estimates on land costs Area Cost Allowancesoeckh index $180.17 $180.17 Updated to projected SPI schedule. Match %-State 60.23% 58.67% Updated to current SPI schedule. Match %- District 39.77% 41.33% Computed District Average AV Single Family $254,009 $248,795 Updated from March 2011 King County Dept of Assessments data. Multi-Family $76,573 $67,821 Updated from March 2011 King County Dept of Assessments data using weighted average. Debt Sery Tax Rate $0.82 $0.93 Current Fiscal Year GO Bond Int Rate 4.33% 4.91% Current Rate (Bond Buyers 20 Index 3-11) Section VIII Appendices Appendix A.1 - Updated enrollment projections from October 1, 2010 Appendix A.2 - Updated enrollment projections with anticipated buildout schedule. Appendix A.3 - Student Generation Survey March 2011 5 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section II Enrollment Projections Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 ENROLLMENT PROJECTIONS The Auburn School District uses a modified cohort survival model to project future enrollment for all of the District's operations. Table 11.1 is an extract from the comprehensive projection model found in Appendix A.2 titled "CAPITAL FACILITIES PLAN Enrollment Projections". This Table shows the anticipated enrollment for the next six years based on the previous 6 year history of the District under the assumptions set forth in the comprehensive projections, Appendix A.1, and the projection for additional students generated from new developments in the district as shown in Appendix A.2. TABLE ASD ENROLLMENT 11.1 PROJECTIONS(March 2010) 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 GRADE Actual Projected Projected Projected Projected Projected Projected KDG 1010 1027 1047 1069 1095 1123 1148 1 1066 1056 1077 1099 1125 1153 1179 2 1016 1081 1074 1095 1122 1150 1176 3 1013 1038 1105 1100 1127 1155 1180 4 1024 1055 1082 1152 1152 1180 1206 5 1079 1049 1083 1113 1187 1189 1215 K- 5 6208 6305 6468 6627 6809 6949 7104 6 1041 1086 1059 1094 1129 1204 1203 7 1060 1065 1113 1088 1128 1164 1238 8 1112 1080 1088 1138 1118 1160 1194 6 - 8 3213 3231 3260 3320 3375 3529 3635 9 1221 1336 1310 1322 1380 1366 1409 10 1238 1237 1356 1332 1351 1411 1394 11 1258 1209 1212 1333 1314 1334 1391 12 1344 1267 1222 1226 1353 1336 1352 9 - 12 5061 5050 5100 5213 5398 5446 5546 TOTALS 14,482 14,586 14,828 15,160 15,582 15,924 16,286 GRADES K-12 Actual Projected Projected Projected Projected Projected Projected K-5 w/K @ 1/2 5703 5792 5945 6093 6261 6388 6530 6-8 3213 3231 3260 3320 3375 3529 3635 9-12 5061 5050 5100 5213 5398 5446 5546 K-12w/K @ 1/2 13,977 14,072 14,304 14,626 15,034 15,362 15,711 Note: The district is currently operating Full Day Kindergarten in eight schools and includes two state funded Full Day Kindergartens at two additional elementary schools. 7 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section III Standard of Service Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE The School Impact Fee Ordinances adopted by King County, the City of Auburn and the City of Kent indicate that each school district must establish a "Standard of Service"in order to ascertain the overall capacity to house its projected student population. The Superintendent of Public Instruction establishes square footage "capacity"guidelines for computing state funding support. The fundamental purpose of the SPI guidelines is to provide a vehicle to equitably distribute state matching funds for school construction projects. By default these guidelines have been used to benchmark the district's capacity to house its student population. The SPI guidelines do not make adequate provision for local district program needs, facility configurations, emerging educational reform, or the dynamics of each student's educational program. The Auburn School District Standard of Service addresses those local considerations that require space in excess of the SPI guidelines. The effect on the space requirements for both permanent and relocatable facilities is shown below for each grade articulation pattern. Conditions that may result in potential space needs are provided for information purposes without accompanying computations. OVERVIEW The Auburn School District operates fourteen elementary schools housing 6,208 students in grades K through 5. For Kindergarten students, 665 of the 1,010 attend 1/2 days throughout the year and 5,198 students, grades 1 through 5, plus 345 kindergartners, attend on a full day basis. When converted to full time equivalents, the K-5 enrollment is 5,797. The four middle schools house 3,213 students in grades 6 through 8. The District operates three comprehensive senior high schools and one alternative high school, housing 5,061 students in grades 9 through 12. CLASS SIZE The number of pupils per classroom determines the number of classrooms required to house the student population. Specialists create additional space needs. Class sizes are subject to collective bargaining. Changes to class size agreements can have significant impact on available space. The current pupil/teacher limit across all elementary programs is an average of 26.5 students per teacher. Consistent with this staffing limit, room capacities are set at 26.5 students per room at grades K- 5. At grades 6 - 12 the limit is set at 30 pupils per room. The SPI space allocation for each grade articulation level, less the computed reduction for the Auburn School District Standard of Service, determines the District's capacity to house projected pupil populations. These reductions are shown below by grade articulation level. ELEMENTARY SCHOOLS STRUCTURED LEARNING FOR DEVELOPMENTALLYDISABLED SPECIAL EDUCATION The Auburn School District operates a structured learning program for students with moderate to severe disabilities at the elementary school level which currently uses ten classrooms to provide for 105 students. The housing requirements for this program are provided for in the SPI space guidelines. No loss of capacity is expected unless population with disabilities grows at a disproportionate rate compared to total elementary population. ADAPTIVE BEHAVIOR The Auburn School District operates an adaptive behavior program for students with behavior disabilities at the elementary school level. The program uses two classrooms to provide for 15 students. The housing requirements for this program exceed the SPI space allocations by two classrooms. Loss of Permanent Capacity 1 room @ 26.5 each = (27) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (27) 9 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the elementary level for special education students requiring instruction to address their specific disabilities. Fourteen standard classrooms are required to house this program. The housing requirements for this program exceed the SPI space guidelines by seven standard classrooms. The loss of capacity is expected as growth in program is larger than the total elementary population. Loss of Permanent Capacity 7 rooms @ 26.5 each = (186) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (186) NATIVE AMERICAN RESOURCE ROOM The Auburn School District operates one resource room to support the education of Native American students at the elementary level. One standard classroom is fully dedicated to serve these students. Loss of Permanent Capacity 1 room @ 26.5 each = (27) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (27) HEAD START The Auburn School District operates a Head Start program for approximately 120 youngsters in six sections of 1/2 day in length. The program is housed at three elementary schools and utilizes three standard elementary classrooms and auxiliary office spaces. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 3 rooms @ 26.5 each = (80) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (80) EARLY CHILDHOOD SPECIAL EDUCATION The Auburn School District operates a pre-school program for young children with disabilities below age five. This program is housed at seven different elementary schools and currently uses ten standard classrooms. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 10 rooms @ 26.5 each = (265) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (265) READING LABS The Auburn School District operates a program for students needing remediation and additional language arts instruction. These programs utilize non-standard classroom spaces if available in each elementary school. Four elementary schools do not have non-standard rooms available, thus they are housed in a standard classroom. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 26.5 each = (106) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (106) 10 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE MUSIC ROOMS The district elementary music programs require one acoustically modified classroom at each elementary school for music instruction. The housing requirements are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 26.5 each = (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) ENGLISH AS A SECOND LANGUAGE PROGRAM The Auburn School District operates a pullout program at the elementary school level for students learning English as a second language. This program requires fourteen standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 14 rooms @ 26.5 each = (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) SECOND GRADE TOSA PROGRAM The Auburn School District provides a TOSA reading specialist program for eight highly impacted elementary schools. This pullout model provides direct instruction to students who are not at grade level and do not receive other services. This program requires eight standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 8 rooms @ 26.5 each = (212) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (212) ELEMENTARY LEARNING SPECIALIST PROGRAM The Auburn School District provides a learning specialist program to increase literacy skills for first and second graders. This program model has been created from the I-728 funds and currently has the specialist going into existing teacher classrooms, as well as pulling out students into designated classrooms. The district is utilizing classrooms at all fourteen elementary schools. Loss of Permanent Capacity 14 rooms @ 26.5 each = (371) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (371) FULL DAYKINDERGARTEN The Auburn School District provides Full-Day Kindergarten programs to increase academic skills for kindergarten students. This program model has been created from tuition, ARRA funds and currently there are two schools receiving state funding for 2010-11 school year. The district is utilizing fourteen classrooms at eight of the fourteen elementary schools. Housing requirements exceed the OSPI space guidelines for this program by seven classrooms. Loss of Permanent Capacity 7 rooms @ 26.5 each = (186) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (186) 11 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE MIDDLE SCHOOLS SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program for each grade at the middle school level. This is to accommodate special education students needing remedial instruction to address their specific disabilities. Eleven classrooms are required at the middle school level to provide for approximately 350 students. The housing requirements for this program are not entirely provided for in the SPI space guidelines. ADAPTIVE BEHAVIOR SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities. The program is housed at one of the middle schools and uses one classroom. The housing requirements for this program are provided for in the SPI space allocations. STRUCTURED LEARNING CENTER AND DEVELOPMENTALLYDISABLED SPECIAL EDUCATION The Auburn School District operates four structured learning classrooms at the middle school level for students with moderate to severe disabilities and one developmentally disabled classroom for students with profound disabilities. Two of the four classrooms for this program are provided for in the SPI space allocations. Loss of Permanent Capacity 2 rooms @ 26.5 each = (53) Loss of Temporary Capacity 0 rooms @ 26.5 each = 0 Total Capacity Loss (53) MIDDLE SCHOOL COMPUTER LABS The Auburn School District operates a minimum of one computer lab at each middle school. This program utilizes a standard classroom per middle school. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at the middle school level for students learning English as a second language. This program requires four standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 4 rooms @ 30 each = (120) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (120) ROOM UTILIZATION The Auburn School District provides a comprehensive middle school program that includes elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. SPI Report#3 dated 11/23/10 identifies 148 teaching stations available in the mid-level facilities. The utilization pattern results in a loss of approximately 8 teaching stations. Loss of Permanent Capacity 8 rooms @ 30 each = (240) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (240) 12 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE SENIOR HIGH SCHOOLS SENIOR HIGH COMPUTER LABS The Auburn School District operates two computer labs at each of the senior high schools. This program utilizes two standard classrooms at comprehensive high schools and one at West Auburn. The housing requirements for this program are not provided for in the SPI space guidelines. Loss of Permanent Capacity 7 rooms @ 30 each = (210) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (210) ENGLISH AS A SECOND LANGUAGE The Auburn School District operates a pullout program at three comprehensive high schools for students learning English as a second language. This program requires three standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 3 rooms @ 30 each = (90) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (90) ADAPTIVE BEHAVIOR SPECIAL EDUCATION The Auburn School District offers a self-contained program for students with moderate to severe behavior diabilities. The program is housed at one of the high schools and uses one classroom. The housing requirements for this program are not provided for in the SPI space allocations. Loss of Permanent Capacity 1 rooms @ 30 each = (30) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (30) STRUCTURED LEARNING CENTER PROGRAM The Auburn School District operates six structured learning center classrooms for students with moderate to severe disabilities. This program requires two standard classrooms that are not provided for in the SPI space guidelines. Loss of Permanent Capacity 2 rooms @ 30 each = (60) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (60) SPECIAL EDUCATION RESOURCE ROOMS The Auburn School District operates a resource room program at the senior high level for special education students requiring instruction to address their specific learning disabilities. The current high school program requires eleven classrooms to provide program to meet educational needs of the students. The SPI space guidelines provide for one of the eleven teaching stations. Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) 13 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 STANDARD OF SERVICE PERFORMING ARTS CENTERS Auburn High School includes 25,000 square feet used exclusively for a Performing Arts Center. The SPI Inventory includes this space when computing unhoused student capacity. This space was not intended for nor is it usable for classroom instruction. It was constructed to provide a community center for the performing arts. Using SPI capacity guidelines, 25,000 square feet computes to 208 unhoused students or 8.33 classrooms. Loss of Permanent Capacity 8.33 rooms @ 30 each = (250) ROOM UTILIZATION The Auburn School District provides a comprehensive high school program that includes numerous elective options in special interest areas. Facilities to accommodate special interest activities are not amenable to standard classroom usage. The district averages 95% utilization of all available teaching stations. There are 185 teaching stations available in the senior high facilities. The utilization pattern results in a loss of approximately 10 teaching stations. Loss of Permanent Capacity 10 rooms @ 30 each = (300) Loss of Temporary Capacity 0 rooms @ 30 each = 0 Total Capacity Loss (300) STANDARD OF SERVICE COMPUTED TOTALS ELEMENTARY Loss of Permanent Capacity = (2,200) Loss of Temporary Capacity 0 Total Capacity Loss (2,200) MIDDLE SCHOOL Loss of Permanent Capacity = (533) Loss of Temporary Capacity 0 Total Capacity Loss (533) SENIOR HIGH Loss of Permanent Capacity = (1,240) Loss of Temporary Capacity 0 Total Capacity Loss (1,240) TOTAL Loss of Permanent Capacity = (3,972) Loss of Temporary Capacity 0 Total Capacity Loss (3,972) 14 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section IV Inventory of Facilities Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 INVENTORY OF FACILITIES Table IV.1 shows the current inventory of permanent district facilities and their OSPI rated capacities. Table IV.2 shows the number and location of each portable unit by school. The district uses relocatable facilities to: 1. provide interim housing in school attendance areas uniquely impacted by increasing school populations that would otherwise require continual redistricting. 2. make space available for changing program requirements and offerings determined by unique student needs, and 3. provide housing to cover district needs until permanent facilities can be financed and constructed. Relocatable facilities are deemed to be interim, stop gap measures that often place undesirable stress on existing physical plants. Core facilities (i.e. gymnasiums, restrooms, kitchens, labs, lockers, libraries, etc.) are not of sufficient size or quantity to handle the increased school population served by adding relocatable classrooms. Table Permanent Facilities District School Facilities IV.1 @ OSPI Rated Capacity (November 2010) Building Capacity Acres Address Elementa Schools Washington Elementary 486 5.40 20 E Street Northeast,Auburn WA, 98002 Terminal Park Elementary 408 6.70 1101 D Street Southeast,Auburn WA,98002 Dick Scobee Elementary 477 10.50 1031 14th Street Northeast,Auburn WA, 98002 Pioneer Elementary 441 8.30 2301 M Street Southeast,Auburn WA, 98002 Chinook Elementary 440 8.75 3502 Auburn Way South,Auburn WA, 98092 Lea Hill Elementary 450 10.00 30908 124th Avenue Southeast,Auburn WA, 98092 Gildo Rey Elementary 551 10.00 1005 37th Street Southeast,Auburn WA, 98002 Evergreen Heights Elem. 456 8.09 5602 South 316th,Auburn WA, 98001 Al ac Elementary 497 10.60 310 Milwaukee Boulevard North,Pacific WA, 98047 Lake View Elementary 559 16.40 16401 Southeast318th Street,Auburn WA, 98092 Hazelwood Elementary 580 12.67 11815 Southeast304th Street,Auburn WA, 98092 Ilalko Elementary 585 12.00 301 Oravetz Place Southeast,Auburn WA, 98092 Lakeland Hills Elementary594 12.00 1020 Evergreen Way SE,Auburn WA,98092 Arthur Jacobsen Elementary 614 10.00 29205 132" Street SE,Auburn WA, 98092 ELEM CAPACITY 7,138 Middle Schools Cascade Middle School 829 17.30 1015 24th Street Northeast, Auburn WA, 98002 Olympic Middle School 921 17.40 1825 K Street Southeast,Auburn WA,98002 Rainier Middle School 843 26.33 30620 116th Avenue Southeast,Auburn WA, 98092 Mt. Baker Middle School 837 30.88 620 37th Street Southeast, Auburn WA,98002 MS CAPACITY 3,430 Senior Hi h Schools West Auburn High School 233 5.10 401 West Main Street, Auburn WA,98001 Auburn Senior High 2,101 18.60 800 Fourth Street Northeast,Auburn WA,98002 Auburn Riverside HS 1,387 33.00 501 Oravetz Road,Auburn WA, 98092 Auburn Mountainview HS 1,443 40.00 28900 124a'Ave SE,Auburn WA,98092 SH CAPACITY 5,164 TOTAL CAPACITY 15,732 16 Auburn School District No.408 CAPITAL FACILITIES PLAN 2010 through 2017 INVENTORY OF FACILITIES TABLE TEMPORARY/RELOCATABLE IV.2 FACILITIES INVENTORY (March 2011) Elementary Location 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Washington 0 0 0 0 0 0 0 Terminal Park 2 2 2 2 2 2 2 Dick Scobee 3 3 3 3 3 3 3 Pioneer 3 3 3 3 3 3 3 Chinook 5 5 5 5 5 5 5 Lea Hill 5 5 5 2 2 2 2 Gildo Rey 6 6 6 6 6 6 6 Evergreen Heights 0 0 0 2 2 2 2 Alpac 2 2 2 2 2 2 2 Lake View 2 2 2 2 2 2 2 Hazelwood 0 0 0 0 0 0 0 Ilalko 2 2 2 2 2 2 2 Lakeland Hills Elementary 2 2 2 4 4 4 4 Arthur Jacobsen Elementary 1 0 1 0 1 0 1 0 1 0 1 0 1 0 TOTAL UNITS 32 32 32 33 33 33 33 TOTAL CAPACITY 848 848 848 875 875 875 875 Middle School Location 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Cascade 0 0 0 0 2 2 2 Olympic 0 0 0 0 2 2 2 Rainier 5 5 5 7 7 8 8 Mt. Baker 8 8 8 8 8 8 8 TOTAL UNITS 13 13 13 15 19 20 20 TOTAL CAPACITY 390 390 390 450 570 600 600 Sr. High School Location 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 West Auburn 0 0 0 0 1 1 1 Auburn High School 12 12 12 12 12 12 12 Auburn High School -*TAP 1 1 1 1 1 1 1 Auburn Riverside 13 13 13 13 13 13 13 Auburn Mountainview 0 0 0 0 0 0 0 TOTAL UNITS 26 26 26 26 27 27 27 TOTAL CAPACITY 1 780 780 780 780 810 810 810 *TAP-Transition Assistance Program for 18-21 year old students with special needs. COMBINED TOTAL UNITS 71 71 71 74 79 80 80 COMBINED TOTAL CAPACITY 2,018 2,018 2,018 2,105 2,255 2,285 2,285 17 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section V Pupil Capacity Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 PUPIL CAPACITY While the Auburn School District uses the SPI inventory of permanent facilities as the data from which to determine space needs, the District's educational program requires more space than that provided for under the formula. This additional square footage is converted to numbers of pupils in Section III, Standard of Service. The District's capacity is adjusted to reflect the need for additional space to house its programs. Changes in the capacity of the district recognize new unfunded facilities. The combined effect of these adjustments is shown on Line B in Tables V.1 and V.2 below. Table V.1 shows the Distict's capacity with relocatable units included and Table V.2 without these units. Table VA Capacity WITH relocatables 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 A. SPI Capacity 15,732 15,732 15,732 15,732 15,732 15,732 16,532 A.1 SPI Capacity-New Elem 585 1/ A.2 SPI Capacity- New MS 800 B. Capacity Adjustments 1,954 1,954 1,954 1,868 1,718 1,688 1,688 C. Net Capacity 13,778 13,778 13,778 13,864 14,014 14,844 15,429 D. ASD Enrollment 14,482 14,586 14,828 15,160 15,582 15,924 16,286 3/ E. ASD Surplus/Deficit (704) (808) (1,050) (1,296) (1,568) (1,080) (857) CAPACITY ADJUSTMENTS Include Relocatable 2,018 2,018 2,018 2,105 2,255 2,285 2,285 2/ Exclude SOS (pg 14) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) Total Adjustments (1,954) (1,954) (1,954) (1,868) (1,718) (1,688) (1,688) Table V.2 Capacity WITHOUT relocatables 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 A. SPI Capacity 15,732 15,732 15,732 15,732 15,732 15,732 16,532 A.1 SPI Capacity-New Elem 585 1/ A.2 SPI Capacity- New MS 800 B. Capacity Adjustments (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) C. Net Capacity 11,760 11,760 11,760 11,760 11,760 12,560 13,145 D. ASD Enrollment 14,482 14,586 14,828 15,160 15,582 15,924 16,286 3/ E. ASD Surplus/Deficit (2,722) (2,826) (3,068) (3,400) (3,822) (3,364) (3,141) CAPACITY ADJUSTMENTS 2/ Exclude SOS (pg 14) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) Total Adjustments (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) (3,972) 1/ New facilities shown in 2015-16 and 2016-17 are not funded under the current Capital Facilities Plan. 2/ The Standard of Service represents 25.38% of SPI capacity. When new facilities are added the Standard of Service computations are decreased to 23.35% of SPI capacity. 3/ Students beyond the capacity are accomodated in other spaces (commons, library, theater, shared teaching space). 19 Auburn School District No.408 CAPITAL FACILITIES PLAN 2011 through 2017 PERMANENT FACILITIES PUPIL CAPACITY SPI Rated Capacity (March 2011) A. Elementary Schools Building 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Washington 486 486 486 486 486 486 486 Terminal Park 408 408 408 408 408 408 408 Dick Scobee 477 477 477 477 477 477 477 Pioneer 441 441 441 441 441 441 441 Chinook 440 440 440 440 440 440 440 Lea Hill 450 450 450 450 450 450 450 Gildo Rey 551 551 551 551 551 551 551 Evergreen Heights 456 456 456 456 456 456 456 Alpac 497 497 497 497 497 497 497 Lake View 559 559 559 559 559 559 559 Hazelwood 580 580 580 580 580 580 580 Ilalko 585 585 585 585 585 585 585 Lakeland Hills 594 594 594 594 594 594 594 Arthur Jacobsen 614 614 614 614 614 614 614 Elementary#15 585 ELEM CAPACITY 7,138 7,138 7,138 7,138 7,138 7,138 7,723 B. Middle Schools Building 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 Cascade 829 829 829 829 829 829 829 Olympic 921 921 921 921 921 921 921 Rainier 843 843 843 843 843 843 843 Mt. Baker 837 837 837 837 837 837 837 Middle School#5 800 800 MS CAPACITY 3,430 3,430 3,430 3,430 3,430 4,230 4,230 C. Senior High Schools Building 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 West Auburn 233 233 233 233 233 233 233 Auburn 2,101 2,101 2,101 2,101 2,101 2,101 2,101 Auburn Riverside 1,387 1,387 1,387 1,387 1,387 1,387 1,387 Auburn Mountainview 1,443 1,443 1,443 1,443 1,443 1,443 1,443 SH CAPACITY 5,164 5,164 5,164 5,164 5,164 5,164 5,164 COMBINED CAPACITY 1 15,732 1 15,732 1 15,732 1 15,732 1 15,732 1 16,532 1 17,117 20 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section VI Capital Construction Plan Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 CAPITAL CONSTRUCTION PLAN The formal process used by the Board to address current and future facility needs began in 1974 with the formation of a community wide citizens committee. The result of this committee's work was published in the document titled 'Guidelines for Development.' In 1985 the Board formed a second Ad Hoc citizens committee to pick up from the work of the first and address the needs of the District for subsequent years. The work of this committee was published in the document titled 'Directions for the Nineties.' In 1995 the Board commissioned a third Ad Hoc citizens committee to make recommendations for improvements to the District's programs and physical facilities. The committee recommendations are published in the document titled 'Education Into The Twenty-First Century- -A Community Involved.' The 1995 Ad Hoc committee recommended the District develop plans for the implementation, funding, and deployment of technology throughout the District's programs. The 1996 Bond proposition provided funding to enhance the capacity of each facility to accommodate technological applications. The 1998 Capital Levy provided funding to further deploy technology at a level sufficient to support program requirements in every classroom and department. In 2005 a replacement technology levy was approved to continue to support technology across all facets of the District's teaching, learning and operations. In addition to the technology needs of the District, the Ad Hoc committee recognized the District must prepare for continued student enrollment growth. As stated in their report, "the District must pursue an appropriate high school site as soon as possible." The Ad Hoc recommendation included commentary that the financing should be timed to maintain consistent rates of assessment. A proposition was approved by the voters on April 28, 1998 that provided $8,000,000 over six years to address some of the technology needs of the District; and $5,000,000 to provide funds to acquire school sites. During the 1997-98 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Dieringer School Boards to make recommendations on how best to serve the school population from an area that includes a large development known as Lakeland South. Lakeland South at that time was immediately adjacent to the southern boundary of the Auburn School District. On June 16, 1998 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Dieringer Boards of Directors. On June 22, 1998 the Auburn School Board adopted Resolution No. 933 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 23, 1998 the Dieringer School Board adopted a companion Resolution No. 24-97-98 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from Dieringer to Auburn containing most of the Lakeland South development and certain other undeveloped properties. Development in this area is progressing at an aggressive rate. In April of 2002, the Board formed a fifth citizen's Ad Hoc committee to address the following two items and make recommendations to the board in the Fall of 2002: a. A review of the conclusion and recommendations of 1985 and 1995 Ad Hoc Committees related to accommodating high school enrollment growth. This included the review of possible financing plans for new facilities. b. Develop recommendations for accommodating high school enrollment growth for the next 10 years if a new senior high school is not built. 22 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 CAPITAL CONSTRUCTION PLAN This committee recommended the board place the high school on the ballot for the fifth time in February 2003. The February election approved the new high school at 68.71% yes votes. The school opened in the Fall of 2005. In the Fall of 2003 the school board directed the administration to begin the planning and design for Elementary #13 and Elementary #14. In the Fall of 2004, the Auburn School Board passed Resolution No. 1054 to place two elementary schools on the ballot in February 2005. The voters approved the ballot measure in February of 2005 at 64.72%. Lakeland Hills Elementary (Elementary #13) opened in the Fall of 2006. Arthur Jacobsen Elementary (Elementary#14) is located in the Lea Hill area on a 10 acre site and opened in the Fall of 2007. These two elementary schools were built to accommodate the housing growth in Lakeland Hills and Lea Hill areas of the school district. In the 2004-05 school year, the Board convened a sixth Citizen's Ad Hoc committee to again study and make recommendations about the future impacts in the District. One of the areas of study was the need for New Facilities and Modernization. The committee made a number of recommendations including school size, the need for a new middle school, and to begin a capital improvements program to modernize or replace facilities based upon criterion. During the 2005-06 school year, a Joint District Citizen's Ad Hoc Committee was appointed by the Auburn and Kent School Boards to make recommendations on how best to serve the school population that will come from an area that includes a number of projected developments in the north Auburn valley. On May 17, 2006 the Ad Hoc Committee presented its recommendation at a joint meeting of the Auburn and Kent Boards of Directors. On June 14, 2006 the Kent School Board adopted Resolution No. 1225 authorizing the process to initiate the adjustment of the boundaries of the District in accordance with the Ad Hoc Committee's recommendation. On June 26, 2006 the Auburn School Board adopted a companion Resolution No. 1073 authorizing the process to initiate the adjustment of the boundaries in accordance with the Ad Hoc Committee's recommendation. These actions resulted in the transfer of an area from the Kent School District to the Auburn School District effective September 29, 2006. In October of 2008, after two years of review and study, a Steering Committee made recommendations to the school board regarding the capital improvements program to modernize or replace facilities as recommended by the 2004-05 Citizen's Ad Hoc Committee. These recommendations, based on specific criteria, led to the school board placing a school improvement bond and capital improvements levy on the ballot in March 2009. Voters did not approve either measure that would have updated 24 facilities and replaced three aging schools. The board decided to place only a six-year Capital Levy on the ballot in November of 2009, which passed at 55.17%. The levy will fund $46.4 million of needed improvement projects at 24 sites over the next seven school years. Planning for the replacement of aging schools has started with educational specifications and schematic design process beginning in 2010. A future bond issue will be necessary to fund these projects. The Special Education Transition Facility opened in February of 2010. This facility is designed for students with disabilities that are 18 to 21 years old. The school district acquired a site for a future middle school in 2009 and will need to consider possibilities for a site for elementary school #15. 23 Auburn School District No. 408 CAPITAL FACILITIES PLAN 2011 through 2017 CAPITAL CONSTRUCTION PLAN The District is projecting 1800 additional students within the six year period including the Lakeland, Lea Hill, and north Auburn valley areas. This increase in student population will require the acquisition of new middle school and new elementary school sites and construction of a middle school and elementary school during the six year window. Based upon the District's capacity data and enrollment projections, as well as the student generation data included in Appendix A.3, the District has determined that approximately eighty- six percent of the capacity improvements are necessary to serve the students generated from new development, with the remaining additional capacity required to address existing need. The table below illustrates the current capital construction plan for the next six years. The exact timelines are wholly dependent on the rate of growth in the school age population and passage of bond issues and/or capital improvement levies. 2011-17 Capital Construction Plan March 2011 Projected Fund Project Timelines Project Funded Cost Source 10-11 11-12 12-13 13-14 14-15 15-16 16-17 All Facilities - 2006 Technology Yes $12,000,000 6Year XX XX Modernization Cap Levy Portables Yes $1,200,000 Impact XX XX XX XX XX XX XX Fees Property Purchase Impact New Elementary No $3,500,000 Fees XX XX XX XX Multiple Facility Yes $46,400,000 Capital 1/ Improvements Levy Bond XX XX XX 1/ Middle School #5 No $42,500,000 Impact Fee plan const open Bond XX XX XX 1/ Elementary#15 No $21,750,000 Impact Fee plan const open Replacement of three aging No $239,000,000 Bond Issue XX XX XX XX XX XX XX 1/ schools 1/ These funds may be secured through local bond issues,sale of real property, impact fees, and state matching funds. The District currently is not eligible for state assistance at the elementary school level for new construction. The district is eligible for state matching funds for modernization. 24 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section VII Impact Fees U tO O O O LL M I� O V VI LL V O VI LL T N O O O M h T T T T VI LL O O O O 0 LL V T O V 0 0 LL r N r h O d O O O O d m N O N N M M 0 b d m r N O ry ry U) T T T T LL N N N � LL N N N LL N N N LL N N N LL N LL N LL LL C a C C C o N o N o 0 N T N T El T N T Z E o 0 0 0 E o 0 0 0 E o 0 0 E o 0 0 N N M V N LL N N M V N LL N N M V N N N M V N o J N r� �D ^� N r� �D m (D N r� �° (D N r� U) U) a U) U N N N Q J ? F F 0 LL lL O LL lL F$ (O p U O T T Q N N N N N N N o 0 o N p Q �L.. _ 0 0 0 V C N N N U U) LU LL � a N Z m m m Z `� E co J o `O LL f0 W N o 0 0 o W a N o 0 0 0 N N N E Q N U O E a O E ~ W a W in Q Q m K K u V O W N R R g yH U Q fA fA fA U LLU) LU O(n N N U LL (n ry O O Q ((a LL T M O O w O U) O O U) LL L T N Z N V i� N N V U NU O N O U N W �p T W U- U \ N U r N \ N U M M O C E VI Q LL N T/I LL fA fA N m fA fA fA 0 5 t LuC) � U � � � U W a U = LL ll o u R Q Luul) E K ELu o D t o N Y m E W E K E E = g E E = iE E U jui 2 U) h LL W 2 f5 y LL W 2 f5 _T �5 E N � N N U LL x - � T a E U O � m m � U � O N V T N V N O N O N (p N V N O N Z O O V T N O N O Uj 5 T N N V (D OM 43 O N O O E J I� N V N pj E d y z N z W cl F N W J x d U O N N 0 Q Q o o O O a LL U o o Q j F N K m Q LL 7 O a x _ Q T p C W O m N N T O O O C U) C N fA O N N _ 10 an d C, o m t F e> F» O p o LL ' W z m m U U E > o ' ,E� o Z LU Z U VI WN a O O o m > U U ^ WN T T 0 O LL N T T R O T T 'U 'U 0 0 N p - - O W C LL m R LL m W Q Q m C T U p I m .p LL W E �� > E � U) w - LL LL F O LL (n d F (n F LL LL LL Z r M M p N r N fA JC 0 O r M M d O U N (D O O N N O N o N M o o .T V � J O p p r M M p N fA fA M T M N V fA V a' W fA N � = O p r M M N C U N V OM O (D M N m T N C O N r M O O m 0 M M r M r T M N V N fA V U M O � J O T O a r M O M N M fA M T M N V N Q N fA fA fA fA z cl � L J_ M M N N O O U O M O N M O r o o o o (D o VI U m N O Q aL. L LL U O J O W Y p M N M M r M r T M O N V N fA V = N N M ry i Q N N fA fA fA a co) fA fA fA Fp = a aQ m N N N � � MU N O 2 O U O L L U N w U U �� O � O O T m -O LL LL � N = d N O (n U) O U a m WF O = = a N F F O O OM N Q � = N C O N VI E F ` T T V�I U W O J U yLj LL U N O O L O o d W N LL y� Z �i p wo U- "O "O L Q OI N N N N T d a N N7 .5 i U d O O O W U N U) M (n o "O "O U U N j _ N N N LL N N OC p O N -Q N N N C N = a Q . w -o N 5 -o o m m m - `o 2 E L W z N O O O 0 C C a O C N U CO. m d m VI U N ��\\ C N N C = O. N N >0 O �Y N Q Q Ot N U p O N '^ O a E fD U) 3 m m d ` �` O O O O 46 E L. L M N C m .o m mm o 0 0 0 � U NMA N o O n n n UC N N w N 0 o00u Q E o Q ( m F U(D mQ U Y U U O w U T N .0 O c" N N C U Q o m U m m ¢ o 46m a4c, x a 0 0 0 6 U = U T Ot Q lOLL LL O LL LL (\ "O U) o LL N N E LL VI Q Q Q E lL C o o d N O Q N J y ~ U U J o LL LL ¢ ¢ Q U E O � d F U) U U U Q fn m � N Q J 3 3 E E a� a� E f0 d l O �„ m = m m m o m m o a O m m m inzz in in m I o Om � � o o (9 Auburn School District No. 408 Capital Facilities Plan 2011 through 2017 Section VIII Appendix Appendix A.1 - Student Enrollment Projections Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections Appendix A.3 - Student Generation Survey Appendix A.1 - Student Enrollment Projections Auburn School District #408 Student Enrollment Projections October 2010 Introduction The projective techniques give some consideration to historical and current data as a basis for forecasting the future. In addition, the `projector' must make certain assumptions about the operant variables within the data being used. These assumptions are "judgmental" by definition. Forecasting can be defined as the extrapolation or logical extension from history to the future, or from the known to the unknown. The attached tabular data reviews the history of student enrollment, sets out some quantitative assumptions, and provides projections based on these numerical factors. The projection logic does not attempt to weigh the individual sociological, psychological, economic, and political factors that are present in any demographic analysis and projection. The logic embraces the assumptions that whatever these individual factors have been in the past are present today, and will be in the future. It further moderates the impact of singular factors by averaging data over thirteen years and six years respectively. The results provide a trend, which reflects a long (13-year) and a short (6-year)base from which to extrapolate. Two methods of estimating the number of kindergarten students have been used. The first uses the average increase or decrease over the past 13 and 6-year time frame and adds it to each succeeding year. The second derives what the average percentage Auburn kindergartners have been of live births in King County for the past 5 years and uses this to project the subsequent four years. The degree to which the actuals deviate from the projections can only be measured after the fact. This deviation provides a point of departure to evaluate the effectiveness of the assumptions and logic being used to calculate future projections. Monitoring deviation is critical to the viability and credibility of the projections derived by these techniques. Tables Table 1—Thirteen Year History of October 1 Enrollments—page 3 The data shown in this table is the baseline information used to project future enrollment. This data shows the past record of enrollment in the district on October 1 of each year. Table 2—Historical Factors Used in Projections-page 4 This table shows the three basic factors derived from the data in Table 1. These factors have been used in the subsequent projections. The three factors are: 1. Factor 1—Average Pupil Change Between Grade Levels This factor is sometimes referred to as the "holding power" or"cohort survival." It is a measure of the number of pupils gained or lost as they move from one grade level to the next. 2. Factor 2 -Average Pupil Change by Grade Level This factor is the average change at each grade level over the 13 or 6-year period. 3. Factor 3—Auburn School District Kindergarten Enrollment as a Function of King County Live Births. This factor calculates what percent each kindergarten class was of the King County live births in the 5 previous years. From this information has been extrapolated the kindergarten pupils expected for the next 4 years. 1 Table 3—Projection Models—pages 5-13 This set of tables utilizes the above mentioned variables and generates several projections. The models are explained briefly below. ❑ Table 3.13 (pg 5)—shows a projection based on the 13-year average gain in kindergarten (Factor 2) and the 13-year average change between grade levels (Factor 1). The data is shown for the district as a whole. ❑ Table 3.6(pg 5)—shows a projection using the same scheme as Table 3.13 except it shortens the historical to only the most recent 6 years. ❑ Table 3.13A and 3.6A (pg 6)—uses the same factors above except Factor 3 is substituted for Factor 2. The kindergarten rates are derived from the King County live births instead of the average gain. ❑ Tables 3E.13, 3E.6, 3E.13A, 3E.6A (pg 7)—breaks out the K-5 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3MS.13, 3MS.6, 3MS.13A, 3MS.6A (pg 8)—breaks out the 6-8 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Tables 3SH.13, 3SH.6, 3SH.13A, 3SH.6A (pg 9)—breaks out the 9-12 grades from the district projection. Summary level data is provided for percentage gain and pupil gain by grade articulation. ❑ Table 4 (pg 10)—Collects the four projection models by grade group for ease of comparison. ❑ Table 5 (pgs 11-13)—shows how well each projection model performed when compared with actual enrollments. Data is provided in both number and percent formats for the past 13 years. Smnmary This year we had a second consecutive year of unprecedented decline in student enrollment of 107 students. The loss of those students changes our historical average gain in students. Over the past 6 years the gain is now .97%annually down from 1.53%; that equates to 135 students down from 213 in prior projections. Over the past 13 years the average gain has dropped from 1.41%to .92%and equates to 122 students annually down from 189 students. Using the cohort survival models, the data below is a summary of the range of variation between the four models. This data can be used for planning for future needs of the district. The models show changes in the next six years: • Elementary level shows increase ranging from 449 to 545. (page 7) • Middle School level shows increase ranging from 190 to 211. (page 8) • High School level shows increases ranging from 32 to 104. (page 9) The models show these changes looking forward thirteen years: • Elementary level shows increase ranging from 911 to 1091. (page 7) • Middle School level shows increase ranging from 414 to 498. (page 8) • High School level shows increase ranging from 485 to 531. 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F 0J O ��O M - N N N m N O O O N N M Nh - N N N N O OO m y ON N 00 0 OWN T D O N D O r m O N m 0 O r N rnDO N oD N C6 O O O Ni 0 V V h N O o o V h h T M N o V V h N O o o V h h T M N o U O r 0 T V 00 h n O r m T T T r M n T O r 0 0 V 00 r O r m T T T r M n N K M M N N O T - m K M N N N � O - m O K M M N N O T - m >`K M N N N � O - m � � N LQO MN N O T N o MhN O ° T N M TO O NM MT NO YOoMo NN N NM T O V M M 0 0 0 Z N M N 0 M M 00 0 a N N M - NOo NZT 0Za Z 0 O O O O O O �d W w O O N V T O 0 O W O N N O i0 ^ h V W O 0 0 V T 0 0 W O - N N O i0 ^ h V O w m V T O O M N N N O m V 0 V T 0 o M N N N O m V > a � O --� , m � v M � o ,... a a 0 a m a m = 0 J C C = 0 J C C = 0 J C C = o J C C C7 0 ¢ m m v .9 (9 C7 O ¢ m m v .9 0 C7 O ¢ m m v .9 (9 C7 O ¢ m m v 0 0 C7 C7 _ "O O N M N V m - C7 _ "O O N M N V m C7 C7 _ "O 0 N M N V m C7 C7 F O N N N M O _ U1 F O N N N M O _ U1 F O N N N M O U1 F O N N N M O O r N O N O r N O O - (7 6] ¢ C J (7 6] ¢ C J (7 6] ¢ C J (7 6] ¢ C 7 w a w a w a w a W0F1 MM WC7 UWmW Uw M W U M F dU O w O w O w W ¢ W O w NFa _ TON¢ m ¢ ¢ m ¢= M 0 M M C7 C70 Nm ~ m O n O O N W O v O) M v N N v N V v N N O) O M M M ry V O T O N M � M O) h M V V M h M O O O V V O O) M O N m N O N ON (D O N N O N V N (D O) O N N O M M M M M n n O N (D V O N N O N h 0 O N 0 O h O O N M N 0 N N O N G! a N M N O 0 N M N h M h N N V C O N N M O N O) N O N M (D O N N O) N (D O N M V N 0 Z O N V ON O N N O O N O) N N h O N h N (D N O N M O O O 0) N K O N N (D N K O M V M V 0 0 W N E F W O h O) O O 0 O N N M N O h N h N O 0 N 7 O N N O O N_ 0 V O N N 0 M N O N N N N N O N N O O K O) O N N O M M M M O N N N N m i2 i2 a O)Z O O) O_) OO) OO) N V N W K O N N M M M M N N N N N N a a a a a J J 0 �2 o m O � 0 M O � N 0 m 0 O � a 0 v 0 O � N � � z h O K h h (D K h V V V V K h N N K h N N W 0_ � OI W O a Z n W O On O nNN OM NN OM O nMNM O 00 0 0 0 0 0 n ^N NN(D N N F F O 0 O O N O a v a v O v v O00 rn U N 00 N N N N M M M M N N N N N N N N K a a a a a F N0J O Ny N N N O N N N N N O N O N h N N M 0 0 OM w 0V0V yOO N N N N N N OO OO 00000 0 V U(A 0 0_ NN� NN Od V 0 NM N O) O V 0 m 0 M(D O V 0N 0 OmV 0 M 0 0 OO M M MN N N N MO 00 0 MNV hV N - 00 00 VV (hVD Z � � Z M N N NN d N 0 OO O OM O O O O M O OO O O M M V M N N 0N 0 NNN Nn M ¢ a 0 a O N U O OO N N N UN0 0 W O OO N N N N O O O O MM Z NN NN MMMM NV V N O W 00 ¢ ¢ 0 0 00 ¢ N N N N ¢ M M M M ¢ (n ¢ N N N N 0 0 O) O) O) O) 0 N 0 6 0 0 0 0 J 0 N N N N O C7 W F O O O O O N F O F O N N N N F O O O O O ¢ F O U U N N N N U M M M M U N N N N F U M m ¢ ¢ ¢ ¢ O ¢ W W J6] V K W 0 0 0 ¢ ¢ - ¢ M ¢ FW ¢ ¢0M M ¢ . D¢ M ¢ 0 M 0 M ¢ F Z Y W W W W (7 W W W LLl C7 C7 N N N N 0 M M M M O n O O N W a 06 O . o 0 0 0 0 0 0 0 0 0 0 R M O (D o f O OM O OM o f 0 OM 0 OM o f V N O O O O O - - 0 - 0 - 0 0 0 - M M M M O $$$$ O $$ O $$ O $$ 00 O R M N M 00 0 R M V M V 00 0 R V N V N 00 0 R N o M N N N N 0 M N M (D N N N N ry N h V h V ry N N N O 0 r V N M V h N N O) N O2 M h O) h O) V V N N N O h h h h h O O N N N N N O NF N N N N N F M M M M M F V V V V V F M M M M M a . . . . . . . . . 000 = Y i� W o y N V o N N o OMj y OMj y o O^j N 0 M V O O U 0 0 O O O O O O O O N C C N � OI w W Z m W L 0 w_ h N t0 M O w ?f V W V W O w_ ?f M N M N O w ZS t0 N N V 0 m m r o 0 m F- A o 0 N M N M o 0 o0 0 R —— — F v m m N N N N J T T U a < � W N O) N O) N O O 7 C C m N O M M V N N OM O O) N h N h V N M M N N N O O O O V V V V V O M M M M M Z O O o N V N W O O r in co v co v Q M V M V M N v m ^� W w W w M N N N N N O O Z, O O J = _ ZY Y Y Y 00 0 u M h N 00 0 u W I� W O 0 u N N N N 00 0 u 0 (6 � W (O (O N N N N a F Q Z0 ¢ O N N NN ON MM OM MM OM F OV VV O W M O V V F MN OM� 0 jM N N O 0NNONO M000O OMFNOM F00000 VMMMM O M N M M M MN � F U o f N O) (D O) o f 0 0 o f h N h N o Q M N O V F C V) O 6 j O O O O Q U U 0 X O O X O X "O G G T w x W N t0 T w ZS M t0 M t0 T w x (D N (D N T 0 x t0 p N W J W O) 0 O) 0 O) 0 �[ h N h N O) 0 O O 0 O O d O O (D M O) M 0 N 0 N F, O h N h N ai0 M M m N O V M 0 U 0 N h M N h N 0 N 0 N O O 0 0 00 0 O h h h O M O) W O) W O N M M M M O N z ¢ a a F N N N N N F N N N N N F V V V V V F Z O C M O a o 7 < 0 O o o 0 0 0 0 0 0 0 $$ 0 0 0 0 0 0 0 d O o f 0 N � M o f h 0 n 0 o $? 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M N0 (3 R � N , O 0 0 0 0 R M N M N F v m m N N N N J T T W m OI U M O) N V (D (D N (D N (D N h M N V 7 C C m OI O O M h N o OV O M V M V O N O N O O O O OV O O N N N N N N N N V 'y� C O N 0 N 0 0 0 Y Y F N N N N F M M M M M F N N N N N F Z 0 0 0 o �f M (D M N o ��ff h h o �f (D N (D N o �f N N N N W O O Q M N M h Q - 0 - 0 Q 0 O 0 O Q N 0 0 . ^� LO w LO w N N N M N M O J = _ < <OKZ W ¢� W<� ¢< 9 W W N V v0 v0 M 0 N 0 0 o 0 � h m W (O (O N N N N a F ¢ M ¢ FO O N O O NhN N N W N O O W N O N (D M M M M M N N O0 O w N w N 0 0000 M M M M M O M MOV�) MNN� MhV MON� F N $$ o 0 0 0 0 0 0 0 U u V 0 M N N 0 0 M 00 00 N h V O 0i N O N O of O) (D O) (D of N (D N N sees N M N M - - 0 - 0 N N N N 0 U JQQ aUW ¢W ¢O oON ooN o0N 0 - 0 - 0N 0 S2 r rnN in v NNN0M M 0 0 0 O O O O 2Od 'o O O N O) h m 46 M 0 0 6 V N 0 M M O) M O) ry n M O N M U 0 M (D N O N h O) O) (D N (D N (D 0 w 0 O h h N h h O N N M N M O (p h h h h O N Z v ¢ a a F N N N N N F M M M M M F V V V V V F �2 �2 �2 �2 �2 �Z 0 C < O U C N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ja U 0 0 0 i 0 0 0 V o f V M V M o f 0 - 0 o f V M N N Q 0 0 6 W W N N N N N 00 00 U O ¢ 2'o Z - M a` v v v v aa v o iry i -M, mN ' W v0 o 0 R 00 Dw O U 0 0U 0 I '. W 46 0 0 0 Z a N N N N O C7 aY II a V N N N jp V V 0 V 0 jp V 0 0 0 0 N O O) ^ V N 6] II II46h000 .M 0 M M M M M 0 V N V V h (O o o m O N N N N N 0 0 0 0 0 0 O O o ~ N N N N N F M M M M M F V V V V V F M M M M M F D J N W D W W W W W D W W W W W N D W W W W W D W W W W m a N F M M M M a F M M M M a 0 M M M M a F M M M M N N N N F C7Y ¢ a` a` a` a` C7 `D ¢ a` a` a` a` C7 °' ¢ a` a` a` a 1< C7 ¢ a` a` a` a` 0 n O O N W a O 0 O v o o 0 W N Vi U iA p U L W O C 0 O m N C v O E Q r O W N ry 0 N p m o o E w Q W v O Y E O W) 7 0 5 u = Y ¢ a m m v v (n Y Y m o 0 o o m o o 0 o mmomm OO h V W ° R O N O N W ° R 0 h 0 h W ° R N - 0 V F W v m m ¢ O O O O ¢ O O ¢ O O O O ¢ O O O O V ¢ ¢ U v v v v W m mmU m �jwm roro 0, -W, R � Y Y Q v Q Q Q Z 0 0 W O O m r m co r co r r co r co M r in M c LO ~ LO ~ 00 O O 00 N O N O 00 O O K < K < W W W W O V V O $$ M M O O V O V O t0 t0 O 7 7 D h V (D M �, M O h N OI W m 0 m 0 N N N N a F ¢ Z (D ¢ N N M N m M V (D V (D h h N m w O N W M O O N N N O O M M M M O (D N N N N O � V M V N �.j M Nj Nj O N N M N N O N N N N N O O m O m O O V F U R m ^ V h V h (D M (D o Q M 0 0 N N i y y y y of O O O O N N M y� - N - - - M N M N so so F C V) O j O O O O O � � 0 0 0 0 0 a ¢ ¢ 0 '`- mn 2 miD do 0 � 4444 do0 � m � m � doh J v o 0 m 'O r 0 0 v v v v o 0 O D r atl v U v `v O O O v v v O Q v 0 O N N N N Q O v d O O m O N M 0 m ON ON mN ON (D N M N M m v m v m N N h (D N M U 0 N N O) M (D O) N N N N M 0 N O N N N (D N (D � O N N N N O N N N N O N O O O N Z v ¢ a a F (D (D (D (D (D F M M M M M F N N N O < O U C N x�j o 0 0 0 �j0 0 0 0 0 0 0 0 0 0 0 0 j a U o o o u M (MD V o u N M N M o f N h N h o f V N N Q 0 D ry v O O O O O O O M N M N O 0 O ¢ o Z a` a` m m m m O W a 3 v 9 �f m m m(6 9 h r h r a'V a' V F 0 O E U O 0 R M@ N O 0 R LN Z, LN r- O 0 R P.. V P.. V O 0 R N @ A U u o O O O O W 0 Z m N N N N O C7 aY II a N m h m N a 00 N m N jp m m N m N ry O N N M N 6] II II 0 m h N N h 0 O h m h m 0 N N N N N 0 0 y N m N F D J M M ¢ J M M ¢ J M M ¢ J M M ¢ M M M M M M M M �A ¢ �A ¢ �A ¢ �A ¢ J N W � W W W W W � W W W W U1 N � W W W W WD W W W W m a N 0 M M M M 2 F M M M M a F M M M M a F M M M M N N � F o < mm m` m C7 `o < mm m` m C7 °' ¢ a` a` a` a` ¢ C7 0 n Appendix A.2 - CAPITAL FACILITIES PLAN Enrollment Projections T O 0 O W O O N LL 0 0 0 0 O T O O O O C_ E M MO V U 1 0 0 0 O A LL � C O 0 ON 0 N M m r W 00 N r r V N O (DO NO W P L F V 0 M N N N p M M V N W N 0 N M p C C O O U L t a ? p U O)N O 0 N 0 0N NOO OOOO NN 0 0N NE O VN M M 0 (O MV N Na H N U) U) N � y 0 NN 000 ON N NM N NNNN NM NN N NNN W OM 0 OO OOO O M O 0 N NM V w 0 N NNO0N P ON ON N N OO NN OmN VM OOO O N OO N VNN 0 p N W = N a N C O y a o U o = v 0 = U d a 0 N 0 0 0 0 M N OO N M O M N MM0 = NNO0 MO N OO O NVNMNON O f� O O N N `P° 0. -0 M v E 3 P a = O 0 O N W V O m N N W V V W M M O 0 N m M M w O P (O G W O r N N 0 M M I� r N r M V = W W M O N O ry Z N 0 W `0 P O p N d N N P � m N N Q G 0 0m M m N m W V V 0 0 M M M N m N to0 N 0 N n O N O N G N N D o O O N 0 N N N N N 0 N N V N N V O N N M V N N M N N M 0 V N N W 0 V N N m z 0= N a °o ¢ ao 0 3 .0, Y Y A 7 O T N M N j N M N N M N N M O > Y o Y Y o Y Y ~ W °�' = o a�i ° c=i a=i � m m c ayi ayi ayi H W V d V N O Q 7 U) Q0- LL ¢ OO m 71 a3 OLLs LL3 a pO ° m ° m °m Q to� 'aUoi O W ° v m aai o m __ i0 U) ? LL U) ? _ U) ? a ° 'm O 0 m m c " _ .� a U) .� a U) a U) E w cn M O = m m m O h m arm y o w o w o w o m ilia v m m m = JJO a a F U z Z ¢ O = m m m v Qa m a ayi ayi ayi 3 m Oaxxx — uj — y co 0) h h h Co Q P N tti 7 W (O W N W o = oo N O N O �p � r r r r r r W W W Wo O N N O N O N o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 N M M N MM M V M N V 0 O MOMO = N = NVMNM O m N N N N 0-00 Nr mMOO N I� O r O O O O M O O O M N 0 0 0 O O O M N N N M N M V M V M M (O M M 0 M m N r N r r M r M M V N V M Q M O M N 0 N 0 O M N I� O O N N N N N N N N N M M M M M T W O O O O O O M M N N � n N O E N 0 0 0 0 0 0 0 � O O O N N � 0 0 0 M V M O N (V N J N N 0 0 0 � N M N M M N N N N N 0 0 0 0 0 0 0 0 0 N N N M O o O c O N W +v N a _ a o N M M M M O O N V I� M O O V m O O O O O O N N V r m 0 O N o o 0 N j a 0 V _ O -6 O 0] V M V W O N 0 = � 0 N MM NM VV N ONVV (OWM NN O D OOOOOOOO = NNNM 0NV c O O O O O O O O Q M Mma? vv o N N A 0 M 0 o N N M M N m O � O 0 O O O M m M M N Z v o c 0 C 4 v . eO v eO ve v e v e veeO N N m N N O N Q UN W N N m N V N N r OOOV M0 m M O O M M c0 waaxs `o w c y W d N O O O M N V N r O M W 0 r = OI p N M M O m 0 O NN M � � � � 3 } W m O O O O O O O O M M N N O m O O O O M M O M cl Z n o Q o W LU N W N Ul m N OQ 0 N M V N 0 I� M m 0 � N y6 CO M m 0 � N M V N 0 I� M m � � � y6 � H Ir Y H (D YF f0 0 0 a m a 0 � rn a N d p 0 p co O (6 M V M N N M M v N O M M M M M M M C O M ° o Cj N = N = v M O (O O O M M M N N OO N v M O O O � � (O O O = M M M M N N N M 0 0 - - (O - M - = N = N n N a N a � N N M M W M M O O (O N N O M o O O .O O O O ° 0 0 � O = O N M M O O m v v " 0 .O O O O ° 0 0 � O = O m M M N N = � M " N a N a W N w N IO = m O O V m M 0 V M O N N V M o r N M N W loom (ONOHNMM (OI� WI� O 0 cmoM V (ONOM � v �p LONNMMNVM (OMMMO (ON M oOOOOOO M OOO N V � � Nm o OOOOOO OOOMNNNO iM0 � � � = N = o � N a` N a` 0 O , -6 F N 3 m ` O Q 0 o 0 0 0N o O 0V o NC, NN NM NN M O 3 0 O 0 0 0N O N O 0(O NC, NN NM NN M OOQ (O M d C C O 'p W M N O 'p W M N O Ir W Ir r W U " �Q 0 N M V N N N r M �° W OO = N m w oa) w o a a o D oL iL o D oL s L L D o. 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O N L a_Ea > O 0 a N > o J r w Q O N N J r w (6 Q O N ¢ O U Q U m o � yeed � o —0- Eo o a � y = = y m 0Eo o w � oEt'po ° oa° v � oEt'po o z a C N d N > z a p y d N N t/1 z om"0O mm W pJ M W d C m p m Z 'Z- ` O o Om oy 'o o o oQ 0 ` r U Q zz D o U E Qd Of Y � Cho 0 0 a m Appendix A.3 Student Generation Survey ++ O O M M 0 0 0 0 0 0 0 0 0 0 ++ d) r O O O � N O N M I� O M N O m w � o 0 0 0 � o 0 0 0 0 0 0 0 0 0 0 o w � 0 = 0 = Y Y (n I� O V O I� r � M � O � � (O M d) M (n W W (O Cep O M N Cp = (n N 0 U M � N m M � O s o 11J M 11J O N = O t O 7 O O Cf) N .Q N .� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m C o o C0 m co Q O O o U F U > O O Q m a a U w U C c C c QO V (O (O O O M M N r O (O m M O N c L) U U U O O c m L � � a 0 w mn U n m 7 m o .L o � to � N c N O m U m Z i Z m o o 3 w a Q N N m m 2� O aN+ CL UI U S Q O d' c0 c0 O N C O 0 m L.L N 3 0 m 0 '� m m Z N c in > o -o Ua o � > > m m 3 m e > m a > m J am ° a m = `m m o 0 0 E d o Q 1 -o -o c .0 E o a m m m ii s .> � N c m m � a Z_ m _ m m > > m — �/� a � E 3 N m > �/� Q Q Q U D S Y J J J J d U > CO C� J J H � ( ! ] G = ® r $ 7 = GerGr = 2G \ G = / = = / nre = = 7 = 2 / ag LL 02r , = 2are , � r � , r22 & rg , � m = � 2 , r , rr / � [ 9 \ ) £ \ ) U) ) _ 0 m � ` \ \ £ 2I � , ® � k e [ eer � wG { i 20 wo ` ~ / ! k / \ (u / { _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ § ! vu � k ) \ 3 � L ~ ) - % § - w w ] - � \ / � , $ _ ) ) } $ \ \ ) + ) § 2 » m _ � , \ \ } 3 , » 3 ! 5 ( § _ $ : > ® / J ) ( J � ) fa } / ) LOLom M \ % E ® / § ® % § j ) ) $ ® / kj / If \ = % { { { : fJ ) { ® § � G \ \ ` 246ft ) § tt ) m » » » § & fm3:mcm t k / 7 / jj22JJ3z777JJ « « « = § § > JzCOC-0 O V M 0 O N M V O 0 1� V N r 00 N M V V 0 N 0 00 M r V p V 0 O O = O O 0 N 0 N p F O O O O O O O O O O O O F w w O O 0) D) V M M M 0 0 m O M V 00 M N M 0 r m 2 . 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U) DETERMINATION OF NONSIGNIFICANCE Issued with a 14-day comment and appeals period Description of Proposal: This threshold determination analyzes the environmental impacts associated with the following actions, which are so closely related to each other that they are in effect a single course of action: 1. The adoption of the Auburn School District's 2011-2017 Capital Facilities Plan by the Auburn School District No. 408 for the purposes of planning for the facilities needs of the District; and 2. The amendment of the Comprehensive Plans of King County and the cities of Auburn and Kent to include the Auburn School District's 2011-2017 Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The cities of Algona, Pacific, and Black Diamond may also amend their Comprehensive Plans to include the Auburn School District's Capital Facilities Plan as part of the Capital Facilities Element of each jurisdiction's Comprehensive Plan. Proponent: Auburn School District No. 408 Location of the Proposal: The Auburn School District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Black Diamond, Kent, and Pacific and parts of unincorporated Kraig and Pierce Counties fall within the District's boundaries. Lead Agency: Auburn School District No. 408 The lead agency for this proposal has determined that the proposal does not have a probable significant adverse environmental impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a review of the completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This Determination of Nonsignifieanee (DNS) is issued under WAC 197-I1-340(2). The lead agency will not act on this proposal for 14 days from the date of issue. Comments must be submitted by 4:00 p.m., May 9, 2011. The responsible official will reconsider the DNS based on timely comments and may retain, modify, or, if significant adverse impacts are likely, withdraw the DNS. If the DNS is retained,it will be final after the expiration of the comment deadline. Responsible Official: Mike Newman Deputy Superintendent, Business and Operations Auburn School District No. 408 Telephone: (253) 931-4900 Address: Auburn School District 915 4" Street N.E. Auburn, WA 98002 You may appeal this determination in writing by 4:00 p.m., May 9, 2011, to Mike Newman, Deputy Superintendent, Auburn School District No. 408, 915 4th Street NE., Auburn, WA 98002. Date of Issue: April 22, 2011 Date Published: April 22, 2011 ENVIRONMENTAL CHECKLIST WAC 197-11-960 Environmental Checklist. Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". In addition, complete the Supplemental Sheet for non- project actions (part D). For nonproject actions, the references in the checklist to the words "project,". "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: The adoption of the Auburn School District's 2011 Capital Facilities Plan ("Capital Facilities Plan") for the purposes of planning for the District's facilities needs. The cities of Auburn and Kent and the King County Comprehensive Plans will be amended to include the Auburn School District 2011 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. The Cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 2011 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan. A copy of the District's Capital Facilities Plan is available for review in the District's offices. 2. Name of applicant: Auburn School District No. 408. 3. Address and phone number of applicant and contact person: Auburn School District No. 408 915 4" St. N.E. Auburn, WA 98002 Contact Person: Michael Newman, Deputy Superintendent, Business/Operations Telephone: (253) 931-4930 4. Date checklist prepared: April 1, 2011 2 5. Agency requesting checklist: Auburn School District No. 408. 6. Proposed timing or schedule (including phasing, if applicable): The Capital Facilities Plan is scheduled to be adopted by the District on May 9, 2011. After adoption, the District will forward the Capital Facilities Plan to the cities of, Auburn, Algona, Black Diamond, Kent, and Pacific, and to King County for inclusion in each jurisdiction's Comprehensive Plan. The Capital Facilities Plan will be updated annually. Site-specific projects will be subject to project-level environmental review. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The Capital Facilities Plan sets forth the capital improvement projects that the District plans to implement over the next six years. The District plans to purchase property for and construct a new middle school and a new elementary school over the next six years to meet projected student population increases. The District may also add portable facilities at existing school sites. The District will also conduct facility improvements at existing school sites throughout the District. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The projects included in the Capital Facilities Plan have undergone or will undergo additional environmental review, when appropriate, as they are developed. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. The cities of Auburn and Kent will review and adopt the Capital Facilities Plan for the purposes of updating the cities' school impact fees and incorporating the updated Plan as apart of the Capital Facilities Elements of both the Auburn and Kent Comprehensive Plans. King County will review the Plan for the purposes of implementing the County's impact fee ordinance and incorporating the Plan as a part of the Capital Facilities Element of the King County Comprehensive Plan. The Cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 3 2011 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan and each jurisdiction may adopt a school impact fee ordinance to implement school impact fees. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a nonproject action. This proposal involves the adoption of the Auburn School District's 2011 Capital Facilities Plan for the purpose of planning the District's facilities needs. This proposal also involves the amendment of the cities of Auburn and Kent Comprehensive Plans and the King County Comprehensive Plan to include the Auburn School District 2011 Capital Facilities Plan as a part of each jurisdiction's Capital Facilities Element of their Comprehensive Plans. The Cities of Algona, Black Diamond, and Pacific Comprehensive Plans may be amended to include the Auburn School District 2011 Capital Facilities Plan in the Capital Facilities Element of each jurisdiction's Comprehensive Plan and each jurisdiction may adopt a school impact fee ordinance to implement school impact fees. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The 2011 Capital Facilities Plan will affect the Auburn School District. The District includes an area of approximately 57 square miles. The Cities of Auburn, Algona, Black Diamond, Kent, and Pacific, and parts of unincorporated King County fall within the District's boundaries. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other 4 The Auburn School District is comprised of a variety of topographic landforms and gradients. Specific topographic characteristics of the sites at which the projects included in the Capital Facilities Plan are located have been or will be identified during project-level environmental review when appropriate. b. What is the steepest slope on the site (approximate percent slope)? Specific slope characteristics at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Specific soil types found at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Unstable soils may exist within the Auburn School District. Specific soil limitations on individual project sites have been or will be identified at the time of project-level environmental review when appropriate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Individual projects included in the Capital Facilities Plan have been or will be subject, when appropriate, to project-level environmental review and local approval at the time of proposal. Proposed grading projects, as well as the purpose, type, quantity, and source of any fill materials to be used have been or will be identified at that time. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. It is possible that erosion could occur as a result of the construction projects currently proposed in the Capital Facilities Plan. The erosion impacts of the individual projects have been or will be evaluated on a site-specific basis at the time of project-level 5 environmental review when appropriate. Individual projects have been or will be subject to local approval processes. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings?) The construction projects included in the Capital Facilities Plan have required or will require the construction of impervious surfaces. The extent of any impervious cover constructed will vary with each project included in the Capital Facilities Plan. This issue has been or will be addressed during project-level environmental review when appropriate. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: The erosion potential of the projects included in the Capital Facilities Plan and appropriate control measures have been or will be addressed during project-level environmental review when appropriate. Relevant erosion reduction and control requirements have been or will be met. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when, the project is completed? If any, generally describe and give approximate quantities if known. Various emissions, many construction-related, may result from the individual projects' included in the Capital Facilities Plan. The air-quality impacts of each project have been or will be evaluated during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Any off-site sources of emissions or odor that may affect the individual projects included in the Capital Facilities Plan have been or will be addressed during project- level environmental review when appropriate. c. Proposed measures to reduce or control emissions or other impacts to air, if any: 6 The individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and relevant local approval processes when appropriate. The District has been or will be required to comply with all applicable air regulations and air permit requirements. Proposed measures specific to the individual projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. 3. Water a. Surface: 11 Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There is a network of surface water bodies within the Auburn School District. The surface water bodies that are in the immediate vicinity of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. When necessary, the surface water regimes and flow patterns have been or will be researched and incorporated into the designs of the individual projects. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The projects included in the Capital Facilities Plan may require work near the surface waters located within the Auburn School District. Applicable Local approval requirements have been or will be satisfied. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Information with respect to the placement or removal of fill and dredge material as a component of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Applicable local regulations have been or will be satisfied. 7 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Any surface water withdrawals or diversions required in connection with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Each project included in the Capital Facilities Plan, if located in a floodplain area, has been or will be required to meet applicable local regulations for flood areas. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Specific information regarding the discharge of waste materials that may be required as a result of the projects included in the Capital Facilities Plan has been or will be provided during project-level environmental review when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Individual projects included in the Capital Facilities Plan may impact groundwater resources. The impact of the individual projects included in the Capital Facilities Plan on groundwater resources has been or will be addressed during project-level environmental review when appropriate. Each project has been or will be subject to applicable local regulations. Please see the Supplemental Sheet for Nonproject Actions. 2) Describe waste material that will be discharged into the ground , from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals . . .; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. 8 The discharges of waste material that may take place in connection with the projects included in the Plan have been or will be addressed during project-level environmental review. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Individual projects included in the Capital Facilities Plan may have stormwater runoff consequences. Specific information regarding the stormwater impacts of each project has been or will be provided during project-level environmental review when appropriate. Each project has been or will be subject to applicable local stormwater regulations. 2) Could waste materials enter ground or surface waters? If so, generally describe. The projects included in the Capital Facilities Plan may result in the discharge of waste materials into ground or surface waters. The specific impacts of each project on ground and surface waters have been or will be identified during project-level environmental review when appropriate. Each project has been or. will be subject to all applicable regulations regarding the discharge of waste materials into ground and surface waters. Please see the Supplemental Sheet for Nonproject Actions. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Specific measures to reduce or control runoff impacts associated with the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 9 4. Plants: a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass _ pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation A variety of vegetative zones are located within the Auburn School District. Inventories of the vegetation located on the sites of the projects proposed in the Capital Facilities Plan have been or will be developed during project-level, environmental review when appropriate. b. What kind and amount of vegetation will be removed or altered? Some of the projects included in the Capital Facilities Plan may require the removal or alteration of vegetation. The specific impacts on vegetation of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. c. List threatened or endangered species known to be on or near the site. The specific impacts to these species from the individual projects included in the Capital Facilities Plan have been or will be determined during project-level environmental review when appropriate. d. Proposed landscaping, use of native plans, or other measures to preserve or enhance vegetation on the site, if any: Measures to preserve or enhance vegetation at the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. Each project is or will be subject to applicable local landscaping requirements. 10 5. Animals: a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: An inventory of species that have been observed on or near the sites of the projects proposed in the Capital Facilities Plan has been or will be developed during project- level environmental review when appropriate. b. List any threatened or endangered species known to be on or near the site. Inventories of threatened or endangered species known to be on or near the sites of the projects included in the Capital Facilities Plan have been or will be developed during project-level environmental review when appropriate. c. Is the site part of a migration route? If so, explain. The impacts of the projects included in the Capital Facilities Plan on migration routes have been or will be addressed during project-level environmental review when appropriate. d. Proposed measures to preserve or enhance wildlife, if any: Appropriate measures to preserve or enhance wildlife have been or will be determined during project-level environmental review when appropriate. 6. Energy and Natural Resources: a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The State Board of Education requires the completion of a life-cycle cost analysis of all heating, lighting, and insulation systems before it will permit specific school projects to proceed. The energy needs of the projects included in the Capital Facilities Plan have been or will be determined at the time of specific engineering and site 11 design planning when appropriate. Please see the Supplemental Sheet for Nonproject Actions. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe: The impacts of the projects included in the Capital Facilities Plan on the solar potential of adjacent projects have been or will be addressed during project-level environmental review when appropriate. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Energy conservation measures proposed in connection with the projects included in the Capital Facilities Plan have been or will be considered during project-level environmental review when appropriate. 7. Environmental Health: a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Please see the Supplemental Sheet for Nonproject Actions. 1) Describe special emergency services that might be required. Please see the Supplemental Sheet for Nonproject Actions. 2) Proposed measures to reduce or control environmental health hazards, if any: The projects included in the Capital Facilities Plan comply or will comply with all current codes, standards, rules, and regulations. Individual projects have been or will be subject to project-level environmental review and local approval at the time they are developed, when appropriate. 12 b. Noise: 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? A variety of noises from traffic, construction, residential, commercial, and industrial areas exists within the Auburn School District. The specific noise sources that may affect the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The projects included in the Capital Facilities Plan may create normal construction noises that will exist on short-tern bases only. The construction projects could increase traffic around the construction sites on a short-term basis. Because the construction of additional school capacity will increase the capacity of the District's school facilities, this project may create a slight increase in traffic-related or operations-related noise on a long-teen basis. Similarly, the placement of portables at school sites will increase the capacity of school facilities and may create a slight increase in traffic-related or operations-related noise. Neither of these potential increases is expected to be significant. Please see the Supplemental Sheet for Nonproject Actions. 3) Proposed measures to reduce or control noise impacts, if any: The projected noise impacts of the projects included in the Capital Facilities Plan have been or will be evaluated and mitigated during project-level environmental review when appropriate. Each project is or will be subject to applicable local regulations. 8. Land and Shoreline Use: a. What is the current use of the site and adjacent properties? There are a variety of land uses within the Auburn School District, including residential, commercial, industrial, institutional,utility, open space, recreational, etc. 13 b. Has the site been used for agriculture? If so, describe. The known sites for the projects included in the Capital Facilities Plan have not been used recently for agriculture. c. Describe any structures on the site. The structures located on the sites for the projects included in the Capital Facilities Plan have been or will be identified and described during project-level environmental review when appropriate. d. Will any structures be demolished? If so, what? The structures that will be demolished as a result of the projects included in the Capital Facilities Plan, if any, have been or will be identified during project-level environmental review when appropriate. e. What is the current zoning classification of the site? The sites that are covered under the Capital Facilities Plan have a variety of zoning classifications under the applicable zoning codes. Site-specific zoning information has been or will be identified during project-level environmental review when appropriate. f. What is the current comprehensive plan designation of the site? Inventories of the comprehensive plan designations for the sites of the projects , included in the Capital Facilities Plan have been or will be completed during project- level environmental review when appropriate. g. if applicable, what is the current shoreline master program designation of the site? Shoreline master program designations of the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review when appropriate. 14 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Any environmentally sensitive areas located on the sites of the projects included in the Capital Facilities Plan have been or will be identified during project-level environmental review. i. Approximately how many people would reside or work in the completed project? The Auburn School District currently serves approximately 13,977 full-time equivalent ("FTE") students. Enrollment is expected to increase to approximately 15,711 FTE students by the 2016-2017 school year. j. Approximately how many people would the completed project displace? Any displacement of people caused by the projects included in the Capital Facilities Plan has been or will be evaluated during project-level environmental review when appropriate. However, it is not anticipated that the Capital Facilities Plan, or any of the projects contained therein, will displace any people. k. Proposed measures to avoid or reduce displacement impacts, if any: Individual projects included in the Capital Facilities Plan have been or will be subject to project-level environmental review and local approval when appropriate. Proposed mitigating measures have been or will be developed at that time,when necessary. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The compatibility of the specific projects included in the Capital Facilities Plan with existing uses and plans has been or will be assessed as part of the comprehensive planning process and during project-level environmental review when appropriate. 9. Housing: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. No housing units would be provided in connection with the completion of the projects included in the Capital Facilities Plan. 15 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. It is not anticipated that the projects included in the Capital Facilities Plan will eliminate any housing units. The impacts of the projects included in the Capital Facilities Plan on existing housing have been or will be evaluated during project-level environmental review when appropriate. c. Proposed measures to reduce or control housing impacts, if any: Measures to reduce or control any housing impacts caused by the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 10. Aesthetics: a. "What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. b. What views in the immediate vicinity would be altered or obstructed? The aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. Proposed measures to reduce or control aesthetic impacts, if any: Appropriate measures to reduce or control the aesthetic impacts of the projects included in the Capital Facilities Plan have been or will be determined on a project- level basis when appropriate. 16 11. Light and Glare: a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review, when appropriate. b. Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. c. What existing off-site sources of light or glare may affect your proposal? Off-site sources of light or glare that may affect the projects included in the Capital Facilities Plan have been or ,will be evaluated during project-level environmental review when appropriate. d. Proposed measures to reduce or control light and glare impacts, if any: Proposed measures to mitigate light and glare impacts have been or will be addressed during project-level environmental review when appropriate. 12. Recreation: a. What designated and informal recreational opportunities are in the immediate vicinity? There are a variety of formal and informal recreational facilities within the Auburn School District. b. Would the proposed project displace any existing recreational uses? If so, describe. The recreational impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 17 The projects included in the Capital Facilities Plan, including proposed new school facilities, may enhance recreational opportunities and uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Adverse recreational effects of the projects included in the Capital Facilities Plan have been or will be subject to mitigation during project-level environmental review when appropriate. School facilities usually provide recreational facilities to the community in the form of play fields and gymnasiums. 13. Historic and Cultural Preservation: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. There are no known places or objects listed on, or proposed for, such registers for the project sites included in the Capital Facilities Plan. The existence of historic and cultural resources on or next to the sites has been or will be addressed in detail during project-level environmental review when appropriate. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. An inventory of historical sites at or near the sites of the projects included in the Capital Facilities Plan has been or will be developed during project-level environmental review when appropriate. c. Proposed measures to reduce or control impacts, if any: Appropriate measures will be proposed on a project-level basis when appropriate. 14. Transportation: a. identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The impact on public streets and highways of the individual projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. 18 b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The relationship between the specific projects included in the Capital Facilities Plan and public transit has been or will be addressed during project-level environmental review when appropriate. c. How many parking spaces would the completed project have? How many would the project eliminate? Inventories of parking spaces located at the sites of the projects included in the Capital Facilities Plan and the impacts of specific projects on parking availability have been or will be conducted during project-level environmental review when appropriate. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The need for new streets or roads, or improvements to existing streets and roads has been or will be addressed during project-level environmental review when appropriate. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Use of water, rail, or air transportation has been or will be addressed during project- level environmental review when appropriate. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The traffic impacts of the projects included in the Capital Facilities Plan have been or will be addressed during project-level environmental review when appropriate. g. Proposed measures to reduce or control transportation impacts, if any: The mitigation of traffic impacts associated with the projects included in the Capital Facilities Plan has been or will be addressed during project-level environmental review when appropriate. 19 15. Public Services: a. Would the project result in an increased need for public services (fore example: fire protection, police protection, health care, schools, other)? If so, generally describe. The District does not anticipate that the projects identified in the Capital Facilities Plan will significantly increase the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. New school facilities have been or will be built with automatic security systems, fire alarms, smoke alarms, heat sensors, and sprinkler systems. 16. Utilities: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, telephone, and sanitary sewer utilities are available at the known sites of the projects included in the Capital Facilities Plan. The types of utilities available at specific project sites have been or will be addressed in more detail during project-level environmental review when appropriate. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Utility revisions and construction needs have been or will be identified during project- level environmental review when appropriate. 20 C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: wit Date Submitted: A PPj c. 2 o,2 o`t 21 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? To the extent the Capital Facilities Plan makes it more likely that school facilities, including new high school, middle school and elementary school capacity, will be constructed, some of these environmental impacts will be more likely. Additional impermeable surfaces, such as roofs, access roads, and sidewalks could increase stormwater runoff, which could enter surface or ground waters. Heating systems, emergency generators, and other school equipment that is installed pursuant to the Capital Facilities Plan could result in air emissions. The projects included in the Capital Facilities Plan should not require the production, storage, or release of toxic or hazardous substances, with the possible exception of the storage of diesel fuel or gasoline for emergency generating equipment. The District does not anticipate a significant increase in the production of noise from its facilities, although the projects included in the Capital Facilities Plan will increase the District's student capacities. Proposed measures to avoid or reduce such increases are: Proposed measures to mitigate any such increases described above have been or will be addressed during project-level environmental review when appropriate. Stormwater detention and runoff will meet applicable County and/or City requirements and may be subject to National Pollutant Discharge Elimination System ("NPDES") permitting requirements. Discharges to air will meet applicable air pollution control requirements. Fuel oil will be stored in accordance with local and state requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The Capital Facilities Plan itself will have no impact on these elements of the environment. The projects included in the Capital Facilities Plan may require clearing plants off of the project sites and a loss to animal habitat. These impacts have been or 22 will be addressed in more detail during project-level environmental review when appropriate. The projects included in the Plan are not likely to generate significant impacts on fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Specific measures to protect and conserve plants, animals, and fish cannot be identified at this time. Specific mitigation proposals will be identified, however, during project-level environmental review when appropriate. 3. How would the proposal be likely to deplete energy or natural resources? The construction of the projects included in the Capital Facilities Plan will require the consumption of energy. Proposed measures to protect or conserve energy and natural resources are: The projects included in the Capital Facilities Plan will be constructed in accordance with applicable energy efficiency standards. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The Capital Facilities Plan and individual projects contained therein should have no impact on these resources. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific measures are being proposed at this time. Appropriate measures would be proposed during project-specific review. Annual updates of this Plan will be coordinated with the Cities of Auburn, Algona, Kent, and ,Pacific, and King County as part of the Growth Management Act process, one of the purposes of which is to protect environmentally sensitive areas. To the extent the School District's facilities planning process is part of the overall Growth Management planning process, these resources are more likely to be protected. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The Capital Facilities Plan will not have any impact on land or shoreline use that is incompatible with existing comprehensive plans, land use codes, or shoreline 23 management plans. The District does not anticipate that the Capital Facilities Plan or the projects contained therein will directly affect land and shoreline uses in the area served by the District. Proposed measures to avoid or reduce shoreline and land use impacts are: No measures to avoid or reduce land use impacts resulting from the Capital Facilities Plan or the projects contained therein are proposed at this time. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The construction projects included in the Capital Facilities Plan may create temporary increases in the District's need for public services and utilities. The new school facilities will increase the District's demands on transportation and utilities. These increases are not expected to be significant. Proposed measures to reduce or respond to such demand(s) are: No measures to reduce or respond to such demands are proposed at this time. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The Capital Facilities Plan will not conflict with any laws or requirements for the protection of the environment. 24 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 12.13.160 of the Kent City Code to amend the school impact fee schedule (CPA-2011-1). RECITALS A. The City of Kent has adopted a school impact fee program as authorized by the Growth Management Act and RCW 82.02.050. B. Chapter 12.13.070 of the Kent City Code requires that the Capital Facilities Plans of school districts be submitted to the City of Kent on an annual basis for City Council review, and that such review shall occur in conjunction with any update of the Capital Facilities Element of the City's Comprehensive Plan. C. The Kent, Federal Way, and Auburn School Districts have requested amendments to the text of the Comprehensive Plan to reflect proposed changes to impact fees. D. On October 10, 2011, the City provided the required sixty (60) day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and the sixty (60) day notice period has lapsed. 1 School Impact Fees — 2011-2012 E. After a public hearing before the City Council on November 15, 2011, the City Council on December 13, 2011, approved Comprehensive Plan Amendment CPA-2011-1 to include the Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, which include changes in proposed impact fees as follows: (1) for the Kent School District, maintaining the school impact fee for single-family units at $5,486, and for multifamily units at $3,378; (2) for the Federal Way School District, maintaining the school impact fee for single-family units at $4,014, and a decrease for multifamily units to $1,253; and (3) for the Auburn School District, an increase in the school impact fee for single-family units to $5,557.30, and an increase for multifamily units to $2,305.22. F. In order to implement the Comprehensive Plan amendment that established the new impact fee schedules referenced above, it is necessary to amend KCC 12.13.160. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 12.13.160 of the Kent City Code is hereby amended as follows: Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of development: School Single-Family Multifamily Multifamily District Studio Kent, $5,486.00 $3,378.00 $0.00 No. 415 2 School Impact Fees — 2011-2012 Federal 4,014.00 2-,17-21,253.00 0.00 Way, No. 210 Auburn, `,�35,557.30 1,�i2,305.22 0.00 No. 408 SECTION 2, - SeverabilitY. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 3 School Impact Fees - 2011-2012 TOM BRUBAKER, CITY ATTORNEY PASSED: day of December, 2011. APPROVED: day of December, 2011. PUBLISHED: day of December, 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 \Civinobinence\sc,00lImPett-2011-2012 doa 4 School Impact Fees — 2011-2012 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 OPERATIONS - MMrTTEE MINUTES November 1, 3011 C_cgicni M4ali Pre en..: :]armie Peary, Debbie Papiee, Chair-, Le,s "li (Absent) The meeting was called to order by D Rapiee at 4:3 a p.m. D. ttaplee noted that an Item 5, has been added to the Agenda, which is a comarment regarding the Governor's budget. 1, APPROVAL OF MINUTES DATED OCTOBER 4, 2011. J. Perry mewed to approve the Operations Committee minutes dated October 4, 201L f1. lt'apiee seconded the motion, which passed 3-0 (with concurrence from L. Thomas). n APPROVAL OF VOUCHERS DATED SEPTEMBER 30, 2011 AND OCTOBE'R 15, 2011. J. Perry moved to approve the voluchers dated September 30, 2012 and October 15, 301.1, D. Raplee seconded the motion, rnwhlc'h passed 3-0 (with concurrence from L. Thomas). 3. 2011 EXPENDITURES BY DEPARTMENT YTD Tl- R U SEPTEMVER 2011 WITH REVENUE SOURCES — INFO ONLY. Finance Director, Bob Nachlinger provided a list of sources of funding for varpraris departments as had been previowsly requesLed, Comrnrtte:e rneri had no qucsuQi— , 4.. SUMMARY FINANCIAL REPORT AS, OF AUGUST 31, 2011 (INFORMATION ONLY). Firance Directcr, Bob Nachlinger presented a brief overview of the September '30, 201.1 1-7 urnmary Financial Report. General Fund Surnmar Ba ed on infCrmaGion available through September, General F'uarud rZ=venuea er estimated to, end about s2,301.403 or 3.81'/6 under budget, vrhde expenditures are projected to end the year about 92:,5t34„103 or 4.91hs bedo�w the budge=t, This resurlts in a projee�:ted �end'ing f nd balance of S2,267,104 or 4.311/a of the experrdit:rre budget. Nachlinger rooted that sorare encouraging information is on pages 19 '& ZU of the packet, the Building Permit and Men Check Fetes charts. Building Permits seern to be tracking upward. Plan Check Pees are doing better than they had been, although still) not up to budget yet. (Recreation fees (c:hart on page :2:1 of packet) which had been down earlier in the year are: now headed to came in aid or above: budget. :i, Pelrry questioned why for last, cor.iplei of months Unity taxes have been way down. hdachlinger explained reason is that we finally got information from utrlity providers es to breakout between the city and the annexabon area; an additional arnouint went to the annexation area. "fhe decline is really over the entire year, clue to more fund.$ needed in the annexation area as opposed to the General Fund of the City. Basically an adjustment; so although dawn 'For 'these two months, should be back up for October. Page 47 compares actuail expenditures to first nine months to budget, if cornpare on budget to budget basis, our, revenues for the General Fund are up 4.020%. On Page 4.3 the total expenditure side is actually down 12.62,'%. Page 46, which shows years 2008, 2009, and 2010, the results through wine months were a negative fund balance in the General Fund. This year for the first time ever that number has not been in brackets alit year long. September is typic'ailhy our Icw paint until we get second half of taxes In Cctobe:r. 1. Perry questioned if this includes the adju�stntents, which Nachlingeer respori yes it does, C-perations Coii Minutes November 1, 2011 Paige: .2 1 5, GOVERNORPS PROPOSED BUDGET - MAJO,R IMPACTS,, Chief Administrative Officer, John Hiodgsorr provided comrnittee mernbers with a handout Shownq a ,prelliminary budget Of the Governor's proposed reductions leading Lip to the specialsea5lon. This is a pr-c1,.-)osal that vvill be amended after the next state revenue forecasts come out pn two weeks. What was locked at through the 28 page d0CLment was i are the budgets and reductions proposed right now that affect the city of Kent.. The figures are laid out as what would be the impact for 2012 and 2013. The reason for that is right row the major proposed cuts don't take effect until either duly 2012 or May 2012, The first two are liquor profit sharing and liquor excise tax. For the last 70 years the cities and county have shared revenues from the state to liquor profits and liquor excise tax. For the city of li that Muir! de about 5600k next year. The major one 'is the reduction of the annexation sales tax credit that wDLId came back to the city. From May on, that would be almust $2 million. Looking at that from a half year perspec,lve plus 2 more rhori for arinexation, that would be $2.5 milillon for 2012, full year would no $4 million. Other undetermined costs right now are the State Crime Lab, city would assume cost of non-wolent crime lab services and the State Police Academy, city sNould assume 50% cost of training, (up from 25%)-, $3,000 to $6,000. This is a preliminary proposal from the Governor. The Assocrat:or of Washinction Cities has a letter going out to the Governor tomorrow that will be signed by as many Mayor's as possibie. 'rho letter states concern from cities about Hquor, tax and annexation, things cities depend on, The letter- also, requests a meeting with Governor through AWC. hope to have a draft of the letter, to Council later tonight, Will be calflng on council meml to help administration in preparation of the special session that begins November 28 to calif for assistance from our 6 legisiators and anyone else outside 47'1" and 33" districts. The Governor's Proposed Budget-Major Impacts handout is attached. The meeting was adjourned at 4t5O P.m. by D. Ral l arcy Clary, Ope rat ion�s`U rn rn i Upp-Secreta ry Cmernor's Propcsedl ludget - MalDr Impacts Gnneral F-ind Arnexaticn Tctal Impart Fund jrnpact Irr pact ElImilute Hqjcr polls shzdnp, 321576 320;76 9 lm-mmtc fiq.icr excise lax Oaring 71;1/20-2 220,611 221EII Elkninate annexation sales tax credit 5 1/21012 iL99,925 -q998§25 AM 2012 Impac, 545,187 1,998,425 2,544,1.12 Ellmirmle liquor proMw sharq, 541152 649,152 FlhmirwL liqjcr Pxc,ise tax sharing LQ222 44L222 Eflirninate arnexaJon sa, es tax Z991518 :4998,383 Total 2C13 rnpac.1 ll'ufl year implict: 2,L,98,338 4.0,88,762 Undelen-rhrod r-npz;.c.t Stay 4:Mrne jb - CRV mumes unt of nw-dolent mono lob senimss Me l Academy - My asmams 50% of cost of tra4iin� up 4rcnn 25?',-� - �3,000 t-, $6,000 T W ASHiNaTON OPERATIONS COMMITTEE MINUTES November 15, 2011 Committee Members Present: Elizabeth Albertson, Debbie Raplee, Chair, Les Thomas The meeting was called to order by D Raplee at 4:39 p.m. Committee Chair D. Raplee introduced Councilmember Elizabeth Albertson as a new Committee member. D. Raplee advised that Item 5 has been moved to Item 3. 1. APPROVAL OF MINUTES DATED NOVEMBER 1, 2011. L. Thomas moved to approve the Operations Committee minutes dated November 1, 2011. E. Albertson seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED OCTOBER 31, 2011. E. Albertson moved to approve the vouchers dated October 31, 2011. L. Thomas seconded the motion, which passed 3-0. 3. MERCHANT INVESTMENTS (NIZAR ALIMOHAMED) APPEAL OF FINANCE DIRECTOR'S DECISION. (MOVED FROM ITEM 5) Mr. Nizar Alimohamed, Project Manager, Merchant Investments dba Global Venture, 7412 S. 262nd Street, Kent, WA 98032. Mr. Alimohamed provided a photo (attached) and also referenced the attached letter he sent to the City of Kent explaining his water bill concerns (due to a water leak) and to request an appeal of Finance Director, Bob Nachlinger's decision to not grant a leak adjustment. Mr. Alimohamed stated that he understands the decision was based on Kent City Code Section 7,02/300 C.2. which specifies: "This rate adjustment is permitted on a one (1) time basis only and can be applied to only (1) billing period. To be eligible for this rate adjustment, the affected water system must be owned by or subject to the exclusive control of the customer and be located between the city's water meter and the owner's residence or structure." Mr. Alimohamed agrees that his situation does not meet the requirements as stated in the City Code since it was found that the leak was in one of the sprinklers located in the landscaped area behind the building. Mr. Alimohamed is asking for reconsideration based on the following two points; 1) After receiving his 08/31/11 bill for $3043.05, he immediately took action by contacting the City of Kent Utility billing and contacting his landscaping company to come out and inspect for a leak. Once the leak was found, he had the water cut off to the sprinkler system. He does not understand why he received a courtesy letter from the city two weeks after receiving his bill, he feels he should have been notified right away of a possible leak, even before receiving the bill. 2) He has talked to two other companies that stated they have received courtesy/compensation for utility billing. He is asking for courtesy. Nachlinger explained his decision based on City Ordinance. Committee members stated while they understand Mr. Alimohamed's situation, someone has to pay for the water used and if not him, the residents of Kent would have to bear the responsibility. Committee feels they need to stick to the letter of the law, the Ordinance does not allow for an adjustment in this case. Committee members discussed the possibility of making adjustments to the Ordinance for future situations, although those changes will not apply in this situation. City Attorney, Tom Brubaker explained that previous Council has enacted this Ordinance, the language of the Ordinance is very clear and requires that the leak occur between the structure and the meter, that is not where this leak occurred. The committee agreed that they need to follow the wording of the Ordinance and therefore cannot provide any relief to Mr. Alimohamed. Mr. Alimohamed thanked the Committee for listening and withdrew his appeal. The Committee further discussed with Nachlinger how unusually high water usage readings could be better and more quickly communicated to customers in the future. No motion was required by Committee since Mr. Alimohamed withdrew his appeal. 4. MOVE TO RECOMMEND COUNCIL AUTHORIZE THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND THUNDERBIRD HOCKEY ENTERPRISE, LLC. I Operations Committee Minutes November 15, 2011 Page: 2 Economit and Community Development Director Ben Wolters advised that the fundamental purpose of this amendment is to help put the ShoWare Center on sounder financial footing by making some needed changes to how the agreement had the City charge for and make revenue on suite sales. Wolters noted that the Seattle Thunderbirds would be the sole contractor for the sale of suite licenses for hockey games only and SMG, as the City's agent, would sell suites on an individual basis for all non-hockey events. After accounting for any commission due, the Seattle Thunderbirds would receive 60 percent and the City would receive 40% of the net proceeds of the sale of suites for hockey games. After accounting for Thunderbirds' commission, if any, the City would retain 100 percent of the net proceeds from the sale of suites for non-hockey events. Club Seats would be reduced to $975.00 per seat on a Season Ticket basis. The City would receive the first $75.00 on each ticket sold on a Season Ticket basis, and the remaining $900 would be split with Thirty Percent (300/0 or $270) to the City, and Seventy Percent (70% or $630) to the Thunderbirds. Wolters referred to Exhibit D. the Minimum Regular Seat Revenues (page 16 of the packet). Wolters stated that these proposed changes are recommended by both the City and SMG, our operator. The City believes this creates an opportunity to rebuild the revenue out of suite sales. E. Albertson questioned if the basic change is that SMG will now be selling suites, Wolters replied yes, that is the basic change. D. Raplee asked for verification of the City/Thunderbirds split. Wolters verified it is a 40/60 City split, 40% to the City, 60% to the Thunderbirds, for hockey only. For non-hockey events, 100% to the City. L. Thomas moved to recommend Council authorize the Mayor to sign the first amendment to the License Agreement between the City of Kent and Thunderbird Hockey Enterprise, LLC. E. Albertson seconded the motion, which passed 3-0. S. MOVE TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE KENT EVENT CENTER SALES, MARKETING, AND OPERATIONAL MANAGEMENT SERVICES AGREEMENT. Economic and Community Development Director Ben Wolters advised that this is the second amendment being proposed to put ShoWare Center on sounder financial footing. This new agreement with SMG, the current building operator, takes in to account the new economic realities. This agreement has the following terms; in return for a 3 year extension of SMG's operation of the facility, they have agreed to a $120k annual reduction in their fee to $130k annually. In addition, we are reducing the possible incentive they were to earn. It was up to almost $20k this year, that would be cut in half to $10k, that incentive would be tied to SMG bringing in shows. In addition, this amendment allows the City to repay its current outstanding loan with SMG. That loan has a current balance of $400k; this is a no interest loan that SMG provided us to pay for equipment, furniture, and fixtures related to the kitchen/catering. We would be able to repay that at $100k per year, in years 1 & 2 of this extension. We would have a balloon payment of $200k in year 3 to pay off the loan. E. Albertson moved to recommend approval of the amendment to the Kent Event Center Sales, Marketing, and Operational Management Services Agreement. L. Thomas seconded the motion, which passed 3-0. Th"eeting was adjourned at 5:31 p.m. by D. Raplee. Nancy Cla{ I OperationstCommittees,$�ecretary riri;1 ,r Kent darks and Human Services G'ornnnnrtte'e E, Meeting Minutes of October 20, 2011 IIN to dSrCJer,: Chair Deblo e Ranuniger calleed the meetiinq to order at a:J3 p.m. otrngil prgjC.L : Delabie Ranniger Chair, Dennis Higgins, Elizabeth Albertson was absent. ]terra 1. ire MAin�u. s.- ApDroy Dennis Higgins moved' to approve the minutes of September 15, 2011. Debbie Ranniger seconded, The motion passed -0 with subsequent concurrence from Elizabeth Albertson, Item 2, Resol tiomm tc Erg rse he E n- r FBI un r Era p io elessires: .. Adout :Jason Johnson, Human Services Coordinator- reported that the den,-fear Plan to End Homelessness (10YP) is a collective commitment to seek long-term and sustainable solutions to the issue of homelessness, rather than continuing to manage episodes or homelessness as they occur. The city of Kent has been closely involved In this codliaborative effort to end homelessness since the IDYP was created, City of Dent staff and many agpnc[es that serve Kent residents have been active participants in the governing bodies of the Committee to End Homelessness in ling County (CEIFIKC) and the activities called out in the 1UYP. Housing and Human Services staff was not prepared to recommend endorsement of the 1.bYP when it was released five years ago' for two, primary reasons, y.) it needed a greater focus on fwar-nilies and 2.; it needed more local strategies that matched the needs of out city and region, Such as creating, additional shelter beds. Both these concerns have been remedied over the years by 1,) the Family Homelessness Initiative sponsored by the Gates Foundation, Building Changes, and King Cournty, and 2.) the adoption of the South King County Response to Homelessness. Housing and Human Services stairf continue their commitment to this warm and to aligning the strategies and goals of the 10YP with the Kent Human Services Master. Plan and, (Cent Human Services General Fund allocations to reduce homelessness in our city. Significant, changes have been rnade to the polices; better access to human services, increased beds for the homeless, mobile hygiene units, three cities now have cold weather shelters and the parocess for application has be€it refined, Dennis asked for a presentatlrrn at the City Council rrieetineg on November Ill, Dennis Higgins moved to recommend Councill adopt the resolution endorsing "A Roof Over Every Bed in icing County: Our Community's 10- Page I Year Plan to End Homelessness." The motion passed 3-0 with subsequent concurrence frorn Elizabeth Albertson. JLqn% 3 2012 omrm rifty evelqp mont t_QLo_cK§_r@_nA_Agtiqjn Rtan..=A itI19j,1_ .1K@ Dinah Wilson, Human Services Planner, explained that the city of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entidement city. To receive this funding, the city is required to submit a Five-Year Consolidated Plan for HousIng & Community Development. The city's Consolidated Plan is in effect from 2008-2012. Prior to the beginning of each year of the Consolidated Plan, the city must inform HUD and the tom 1'rUnity of the specific actions that the city will execute to implernent the olbjecVves and strategies of the Consolidated Plan; this is outlined in the 2012 Action Plan. The Action Plan also induces the allocation of estimated resources that will be used t6 carry out the objectives and strategies, and a description of each program that will receive funds. The city recommended that a major portion of CDBG funds be used to support the city's home Repair Program. This program serves many low-incorne, disabled and senior homeowners In Kent by providing needed repairs. The program also ensures that a portion of Kent's lo"/moderate-Income housing stock is maintained and preserved, On September 22, 2011, Kent published a public notice letting the community knew the Draft 2f112 Action Plan was available for review and comment for a period cf thirty (30) days. On October 210, 2011, the Human Services Commission held a public hearing for the purpose of tall comments on the 2012 Action plan. The Human Services Commission reviewed and approved recommendations for" CDBG funding for 2012, Dennis Higgins moved to recommend Council authorize the Mayor to sign the appropriate certifications and agreements for the proposed Community Development Block Grant 2[l12 Action, Plan, including funding allocations and contingency plans. The motion passed 3-0 with subsequent concurrence from Elizabeth Albertson, Item 4p Yarnahg_fi mot f.Cart L -nen _-_A_ULh_q_rj_ze Aare"e Aare__gMe Aare g_"e Aare i Pete Petersen, Superintendent of Riverbend Golf Complex repci that since 2008, the Riverbend Golf Complex has managed two agireernents leasing golf carts from Yamaha, Golf Cart U.S.A. each with different end dates, Lease #1: the original lease included fifty carts, plus two marshal carts, and two utility carts, and Lease -#2: added twenty-four carts to satisfy demand. As part of this action, the two leases have beer combined to have one end date and! the agreement will be extended by thirteen months. The existing carts are in very good condition and were serviced by Yamaha factory technicians in September 2011. Extending the lease and not leasing new carts *1111 pag<j 2 save the gull" COMPIeX $8,858 in 2012. it will also give the golf complex time to conflrue research for possible grants and/or funding to COnVert to deCtrlC arts. Dennis asked if the contract can be extended to a year by year. Dennis 1-11liggins moved to recommend authorizing the Mayor to sign the agreement with Yamaha Motor Corporation, U.S.& to, extend the lease of golf carts at Riverbend Golf Complex, subject to final terms and conditions acceptable to, the City Attorney and the parks Director. The motion passed 3-0 with subsequent concurrence frorin Elizabeth Albertson, stern-6- 111-11rd-n garter DjyisjQrLB"orts and Contrill Rgporlffd ONLY Tournament Season There were Ilots of tournaments this year, The Western Regional 16 year old Fast Pitch ASA tournarrent was a great success. They are so supportive of us that they donated $2,000 to purchase outfield fencing. Safe and SSWy],d Nu icing g and Hu rnan Services is navigating through tough funding cuts, The contract for Safe and Sound (Safe Havens,) ends in mid-2012. Staff continues to monitor that contract. A "Friends of Safe and Sound" is being formed, C"ontribuUms These are contrllbutions that equal less than $5,000 rnade by individuals, and businesses. The third quarter total was $19,130, making the year-to-date total of $53,000( The 2011 SLJmrner Concerts brought in $8,5010. Debbie received caill from a serior cmicerned about the lunch program at the Senior Center and is very happy to see the collaborative effort to support the program. Dennis referenced the 61 meals per day average, He asked what was the breal even dollar amount needed to support the lunch program. Jeff responded that it would be 80, imreals per day, but the prograrn is Subsidized and well within the budget for the program. Item .irSItor's Report - INFO OIli LY Ergq-and Reduced Lunch....RrQ.grgm Ljp�dge Jeff distributed a copy of the outline on Free and Reduced Lunch Program statistics for elerrientary 5chod's within the Kent School District. Staff will get the entire schocl district data in the future, Debbie Ranniger noted that out of twelve elementary schools, 60% Of Youth participated in the free and reduced lu.rnch program. Jeff shared that 4911/b of all kids qualify for the reduced and free lunch program in the Kent School Distrlct - adding that staff tries to target those schools wlith; our programs and services. Page 3 Hurnan Services FunduIgUpdgtg Jeff reported that staff is looking at the Il Services Commission and working with biern to explore options, and looking at what other cities are doing. Sorne options will be presented to the Committee in the first quarter of 2012,, Dennis reminded everyone that the Mayor wants to keep the sarrie 2010 funding levels so we can maintain applications as they were awarded. Measures Jeff shared copies of the budget narratives, organized lby division and program types, as they were presented to Administration for the 2012 budget, Within these, measures, three core ClUestiors were addressed: How much did we do, How well did we do lt, and is anyone better off, Jeff stated that we care beginning to look at what new data looks like in 20.1.2 and wild launch this as a measurerneni: Lool. Dennis and Debbie complimented Jeff on, the narratives, Dennis asked if the Mayor is willing to roll Oils format into other departments. Debbie stated that it goes in line with the Council retreat results and their request to be data driven with associated performance measures, Dennis reiterated that he wants to see this format in other departments, KaBOOMI Grant Jeff thanked Debbie Ranniger for attending the KaBOOMp event at Tudor SqUare Park. There were 300+ volunteers helping to create the newt play areas, Jeff thanked the Tudor Square neighborhood because their enthusiasm and investment in the project, and sent a speciall thank you to Operations and Park Planning and Development staff because it wouldn't have happened without therr. Asset,4pp[y5is"Staff will present the Park Asset Analysis Report at the November Parks Committee nneel; ng, 'The report evaluates the current condition of all assets within Kent Parks in order, to establish a baseline for reinvesLrnent needs and to help create a strategy for addressing the aging infrastructure within our pai-14 system and to prioritize. Moll S. Ctarrrr Illilfty gginter for Edygafion— g tjjts "'Ricad IM tto Suc!ze q!-Ova ryiew - INFO QKLY Debbie Rann[ger introduced Anthony Shoecraft, Community Network Coordinator and Nathan Phillips, Director of South King Council of Hurnan Services - attending the meeting to prosent an overview of the "Road Map, to Success" Project. The Road Map, Project is a rie" collective Impact inftiative airned at gettingi dramatic improvement in student achievement - cradle through college/career in South Seattle and Sotitlh King County. Their goal is to double the number of students who are on track to graduate from college or earn a career crede,ntiall by 20201. 11 program is committed to closing the achievement gaps for low income, students and children of color. Proposed education results are: Healthy and ready for Kindergarten; Supported and successful in school; Graduate front high school, Page 4 College and career ready; Earn a college degree or career credential. Measures will be defined by percentage of students rTieeting readiness standards, reading and rinath proficiencies, graduatilon data, placement tests, and post secondary credendals sought by graduates, Three Phases • Phase 1: Building the Road Map - 201C. Establish common goals; select indicators to measure pr0qI'cSS; have preliminary conversations with fUnders; gather baseline data; conduct COMMOnity outreach. • Phase It: Strategies for Action - 201L Support pro�jects/organizatlons committed to Road Map goals and detailed action areas; set interim progress targets; align public and private furriers; develop data infrastructure,- develop community engagement and buillding public wvfll. They are now In Phase It of the Project. Part of the work: in Phase 11 is to rcf4ne the goal with explich metrics for measuring "on-track" and "closing the aclhnevemeril: gap." • Phase JIT Collective Action - 20.12. Provide support to projects and organizations and networks to innovaLe, scale, and improve; actively promote learning from results to guide course corrections; continue to align public and private funders; track/report progress; address ongoing data needs; engage the COrnrnUnity; build pUblic will and advocacy, Kent School District has seven schools signed L,lp,, OLIt Of 1,062 students, 986 have signed up. It takes.A 1e.prr , The Project Team includes: Project Sponsors; Education Results Network, Community Network and Advocates Caucus, K-12 Superintendents andl Comironity College Presidents, Road Map Aligned Funds and Community Center for EcidCati0r), ReSLAS. Work groups inclucler Birth to 3" Grade; Science, Technology, Engineering and Matti; Data Advisers,- High School to College, Engilish Lanquage t.earners; Youth Development Organizations. Debbie spoke of the Mutual desire in education to strengthen long term solutions to encourage students to stay in school and to obtain a post high school education, Community Network: Ensure authentic corinniunity Input into the developrnent of the Road Map Prcje.ct and strengthen collaboration, mobilization and capacity- building efforts aimed at improving education results. Advocates Caucus: Educate and advocate for policies, resources and practices that can advance the work in communities and strengthen polffical Wit to pass, implement, and susta,ir effective long-term solutions, Small Grants Fund: Fund projects that buillcl the capacity and leadership Of local grassroots organizatiors and community stakeholders to participated in improving education results across the region. Page 5 Jeff stated that, the data that drove home the purpose of this prograrn can be found online and looking at the two pipelines of daita. Rather than have two separate paths that people of the community are on, let's even out the pipeline. for students and faimilies. Jeff shared that he's very interested in aligning with the program to support kids and Famillies, Dennis Higgins wants to be involved in the prograrn and asked for their contact information. For more information contact Anthony Shoecraft at 206-388-1657/ a5hoecraft@CCE"sukjt5,qrg, or Nathan l at 206,-.462-6643/ natha,02INIOPq @,SKQHS-�ozr Anthony and Nathan closed by saying that the City Council and Kent School! Ustrict have been incredible allies and partners to CCER and the Road Map Project and they look forward to continuing this alliance. Debbie offered her time to the Advocates CaUCUS or any other way she can support the prograrn, Chair Debbie Rarniger closed the meeting, at 6:1,0 p.m. Submitted by; Te,p-v Pe-tr-ale, Teri Petrole City of Kent Couancil Committee Secretary Page 6 0 T W.=r i ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES OCTOBER 10, 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 September 12, 2011 Minutes. Motion PASSED 3-0. 2. PUBLIC HEARING: Medical Mariivana Collective Gardens Zoning Regulations rZCA-2011-21 Assistant City Attorney David Galazin stated that staff presented preliminary findings to the Committee at the September 121" meeting. Galazin stated that the 2id Senate Bill allows for the establishment of 'collective gardens' and disallows dispensaries. He stated that Legal and Planning staff collaborated to craft a definition for Kent's City Code that aligns with the State Law Engrossed Second Senate Bill, Section 403 which sets out a legal description of what constitutes a 'collective garden' and which allows up to 10 qualifying members, limits the number of plants and the total ounces of cannabis allowed on site. Galazin stated that staff recommends the following language not specifically outlined in the State law as: "collective gardens may contain separate areas for growing , processing and dispensing of cannabis but that these separate areas must be physically part of the same premises". Galazin presented additional language Options A, B, and C, stating that Options A and B are pulled from State law. Galazin stated that medical cannabis is governed through the United States Attorney's Office under the Controlled Substances Act. Galazin stated that state authorized collective gardens in Kent should be regulated in a way that does not create an opening for abuse of the system, where people are operating defacto dispensaries (illegal under state law) or that would expose Kent to an increased risk of Federal prosecution. Planner Katie Graves presented five zoning district options defined as Options A through E; with Option A as most restrictive and Option E as least restrictive. Option B allows collective gardens only in industrial zones, and Option C and D allow collective gardens in industrial zones and designated commercial zones. Graves presented six separation requirement Options A through F: (A) proposes a separation of 1000 feet from any public or private school, (B) proposes a 750 foot separation from schools, (C) proposes a 1000 foot separation from schools, limiting separation to 500 feet from residential districts, (D) proposes a 750 foot separation from schools and 500 feet from residential districts, (E) implements a separation requirement between gardens, (F) talks about separation requirements from other uses. Only one (1) garden is allowed per tax parcel for all options. Councilmember Jamie Perry opened the Public Hearing. Jennifer LaDoux, 9721 S 2481" Street, Kent, WA 98030 stated that she would like gardens to be located along a city bus route for easy access and invited the committee to follow Seattle's example for setting up and regulating these collective gardens. Desiree Boshart, 21803 1081" Avenue S. Kent, WA 98031 stated that as her brother's caregiver she needs easy access to medicinal marijuana on his behalf. She spoke in favor of Option D for zoning and Option B for separation requirements and felt that the gardens should be regulated similar to a pharmacy. Jessica King AKA Suzie 0's, 6624 S 196t" St.. Suite U-101 . Kent. WA 98052 spoke in favor of Option D for zoning and Option B for separation requirements. She stated that the city needs a more flexible system through which patients can procure medical marijuana; rather than restricting the availability of marijuana solely through a collective garden. ECDC Minutes October 10,2011 Page 1 of Philip Dawdy, 1608 E Republican #303, Seattle, WA 98112 spoke on behalf of Evergreen Holistic Center, Multiple Choice Care Givers, Suzie Q's and the Washington Cannabis association.. He submitted for the record; 1) his testimony for the 10/10/11 public hearing, 2) a letter dated 8/1/10 from Su Chin Dean a property owner for 124 Central Ave N, in support of her tenant, and 3) a letter from Amy Pritchard, owner and resident of the Enchanted Closet located across from Evergreen Holistic Center supporting Evergreen's presence. He voiced support for Option D (zoning) and Option B (separation requirements). He stated that the availability to bus transportation and appropriate signage is needed. Heather Houghton, 604 S 2081" St., Des Moines, WA 98198 said she represents Evergreen Association of Collective Gardens and wants collective gardens to be a safe place for patients to procure their medicinal cannabis. She spoke in support of Options D and Option E to provide a safer environment and spoke in opposition to Options A, B or C to add language. City of Kent Mayor Suzette Cooke, 220 41" Avenue South, Kent, WA, asked the Committee to consider in reviewing zoning options, to consider collective gardens as a simple collective garden and not a business. She stated she does not view these gardens as necessarily belonging in commercial areas as rental space is cost prohibitive. Cooke defined the gardens as co-ops that should be allowed in residential areas for practicality and cost effectiveness. Cooke stated she does not want the City in the role of licensing or regulating these gardens. Councilmember Ranniger Moved and Councilmember Albertson Seconded a Motion to close the Public Hearing. Motion Carried 3-0. Albertson voiced support for Options B & D urging the Committee to move on this immediately so as not to delay terminal patients from receiving medicinal marijuana. Ranninger and Perry voiced opposition to moving forward on this issue until the definition of collective gardens is further clarified. Councilmember Ranniger Moved to table Medical Marijuana Collective Gardens Zoning Regulations [ZCA-2011-2] to the next meeting. Councilmember Perry seconded the Motion. Motion PASSED 2-1 with Albertson Opposed. 3. Permit Fee Schedule Adiustments ECD Director Ben Wolters stated that the Mayor's 2012 budget includes a proposed adjustment for permit fees that collectively would raise an additional $400,000 in revenue. Wolters presented staffs report consisting of Attachments A through G. Attachment A proposes four permit fee adjustments that would result in cost savings. Attachment B gives an overview of building permit fees by valuation. Attachment C addresses fees charged for minor project permits. Attachments D and E speak to comparison of total permit costs for Retail Centers and New Residences, submitting amended documents that correct the Permit Cost per square foot calculations. Attachments F and G address improvements and the value that we are striving to provide our permit customers. Wolters spoke about the performance measures adopted by the city. Attachment G summarizes the process improvements that have been made and the resulting benefit to the customer. Permit Center Manager, Kimberlee McArthur reported on an on-line survey implemented by the Permit Center that resulted in improving the permitting process and decreasing the timelines to approve and issue permits. McArthur stated that the Permit Center received 164 survey responses with 84 percent positive responses. Wolters stated that the fee increase recommendation is necessary so that the City's level of service concerning regulatory responsibilities and/or the efficiency and effectiveness of permit review for builders and developers seeking permits will not be reduced. For Informational Purposes Only Adiournment Committee Chair Perry Adjourned the Meeting at 7:20 p.m. Pamela Mottram, Secretary Economic & Community Development Committee ECDC Minutes October 10,2011 Page 2 of PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 COMMITTEE MEMBERS PRESENT: Committee members Dennis Higgins and Ron Harmon were present. The meeting was called to order at 4:03 p.m. Committee Chair Debbie Raplee arrived at approximately 4:25 p.m Before the minutes were approved, Harmon asked Cathy Mooney to clarify her comments regarding statements that the Six-Year Transportation Improvement Program is simply a planning tool. After a brief discussion the minutes were approved. Item 1— Approval of Minutes Dated November 7. 2011: Higgins MOVED to approve the minutes of November 7, 2011. The motion was SECONDED by Harmon and PASSED 3-0. Item 2 — Information Only/Regional Snow Removal: Tim LaPorte, Public Works Director introduced Paulette Norman, King County Road Services Division Director and Tony Ledbetter, King County Maintenance Superintendent. Paulette gave an informative PowerPoint presentation on the regional coordination effort on snow and ice removal known as the "My Commute Expansion." The following areas were highlighted: • Regional picture of road conditions is critical to response and recovery efforts during an emergency. • A photo highlighting that roads often share jurisdictional boundaries and how we are working to coordinate getting the job done, seamlessly. • Citizens will be able to view road conditions on their smart phones as well as on the web. • Recent steps have been taken towards regional road closure information. - Mapping Green River cities' road closures during flooding events • Will begin offering jurisdictions the ability to publish travel alerts to My Commute in 2012. Page 1 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 For snow, ice, and water over roadway, information can be found at: www.kincilcountvi.cilov roadalert File Edl[ Via, Favorites —..Is Han I ;ry; ��. a)ry $ kngcounty gov iy L<k ww"+kngcounty gov/matlalerG �Y Order Confirmed n' N ' Li ��t IE �Lontact In tol [o ^'fl. Washington State... p Pho[oRsflec[ river._ qyu ReggshatioN(rTION'King County,I 'p�Valley A9edcal Len[... n PKing�County My Commute Navel too '%by � Wy � �'� )'ramYet H0m-I NEWS I SERVICES I DIRECTORY CONTACT onassany Transportation My Commute Address intersection Find (ea)HRIy ®ta, I In u. 1 a PL a h, a May Aral Hl 1Rojo,, e Pl 71" AteRmi Fol d Y Tra rc Pulj 'i P, n�nnd.an i,"I ,1 LA�, g wtv a 'o-lrm 1 ! 1" C, -0 Q VI ," A'RIi1l p YY 1 i,. a Traff camera RIIIs " _ L (dUf,, t, 1 In+1 SeaC o 1Isrolon -{uIs r Hullwae py King CountyRoad Tl N I u. Gmmamrsn y b✓ 111,111P,la@is Hxp R I V Intl' 1 IAA HIII Road nex[week a Ifm�wg As r r. tl ti E Pu,jI I . at '0 .. ,� v., l U,Idr 1,. CAP In. +.r More o-rr t�snun kr ..s unn I I v t eI ' . w . , m u wnl m h r [ _ M al rt tl. i asesa �wd r 9 '�h f H 1 Tn 11 R, Yr,I rt ti as M c rl re "l V!' ' PWun r._ M i I FRetlback or questions ®'a'Rare 0OrRol gRl— �toxe t neon .yen Tinton' camera ul 11, 11 Poll oo"R — — — - - — 6 mre,nRt Fh mo% Page 2 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 www.kinqcounty.gov/mycommute One Solt View Favorites Tools Help '..I LH; CI'ia b_http://glgmap6.kingcounty.gov/Myc.mmute/I *y A"i '.basic kingcounty.gov/madalerts SO Order Confirmed 0Contact Inf rma[o "ea Washington State F' PhotoReflecf 'j g .. p vee... (�Regis[ra[oN(rTION'King County,Wasbi, y3 Valley Medical Cen[ *King County MY Co 0,Kln9 County MY C i HOME I NEWS I SERVICES I DIRECTORY CONTRICT Transportation 1 0 My Commute Address intersection E] ;rra}Helw ®lel l tee 1-I�r tl, a `Hvba� � `'_ ., "'"�, ,. rr 4b 11 cpn" roInR 1 P r LI Travel alerts N l rNft l it UY`° A u,p Tm "du�.en I l La King county ,-r, 'tnund "G df p,Yy'WSCOT I t Ifirkhrmilhx" w �, II II/IY, PI 9 It t TraR cameras r , juse Corn H, Seai4�(e "r , I tc It ot�, 2�IIIwue King C ec bHoward Al v. rIH ,I{j w ,zm n, Hines l ll IH n V /1 °n rII'HIII Road next week p„roaMb a Movounr , =wIr, b,Ivcwl Syrialu IJ K.HV, }!gba, _ 'rvd .a R N.o VI � pal S I sow More r` [ R P 4 r nu 11I(_I< 1 f 1Y (Slalltl 1I2tl 1 _ /'t,f� Why, SIR u�la r " X SRO, llS �r SpOT` . �p y J I r W 4�ib Ius M ' r W x run,"t (' rt 1 I r [ IOni =1 U G / More resources ^i 1, IF 1 1 I % 1px� 'r..r µ] .. Feedback or questions Qflosurc 0LURY mngclo.ure K.Restrchor QOpen .Traffic oanera cn1 III,iI rnx T mran w..o.-oar„tenn- �. rcn „ol.lon r—C,—ino..r `Done..... [ntzmet._ 100%o . Page 3 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 www.kincicountv.ciov/mvcommute/mobile - beta ®httlW/gi,m.ps king...nty.g.v/my..m,.. AY IWO m :�- "n �sma tof ,tkb,° wxs Mr ' � �aaksvv rt n' i r d 51;Wt',4rv�+nu,r w rs w ¢on ue f Location-based functionality of My Commute mobile Information Only/No Motion Required Item 3 - Information Only Briefina/Snow Preparedness: Bill Thomas, Street Superintendent gave an informative PowerPoint presentation on the City of Kent's snow and ice response. Highlights of the presentation included: • Planning - Snow & ice response plan - Equipment maintenance - Order materials for winter - Training - GPS units in all trucks • Equipment - 8 Plows - 7 Sanders - 2 Anti-ice applicators - 2 Motor graders • Fleet Services • GPS Tracking • Communications Page 4 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 Specific Kent weather updates provided for staff to get a jump start on weather related issues. Variable message boards Kent Radio 1650 AM City of Kent website wwwArlVekent.COITI tl File Edit View rev orites Tools Help xJF r- r (; 7,y httl://kuntwo.gov/contpnt.aepx?id-6204] Wy- 'y( kRwwm kingcou tygov(matlalertv r rj'Order Confirrmed IWGonbct InFormato (5 Washington State photoneflec[ river-, (A Feg,stratodo TTONgKrng County,Wash,. a Valley Venues]Cent... ' •'�King County My Co ipl Krng County My Co '�: TrveKent com-Rd CnveKen[nom ' Yp I�l,E � ICI 3� /'r /711111117 A i 010��0�00000000000000000� �000000000000000000�f KENT (IYIII Of Kent Jf ` LIVE WORK DISCOVER CITY HALL 1 ranr ro I I 1,sd, Ill��l�llgl�lll�llro A, I tixx<i L Iiraffic lirrforrr�eThort �// 11i1i/ Current traffic advisories Road construction projects cvload.r "'ryn arlr rsc,cdu.", uronpr c uric r=1.r, rl ,,lt.�,I, Ir.,rrler,� _I rr_(-F.In.. f 1650 AM City Transportation Engineering Office (ii i l C 0 Arl!I I T a 1 31 Ir 11 frI laxr.i I CI l(lr daes �In,n N✓ I✓u ,,al)I"in . V. ......"y cl...rc ", tor n ✓cd. ✓ ", • Personnel Available - 25 Crew members - 24 Hour response: 2 — 12 hour shifts, service from beginning to end • Anti-ice program • Priority Routes - Level 1 Hill Climbs - Level 2 Arterials - Level 3 Residential collectors • After winter operations - Road and guardrail repair Information Only/No Motion Required Page 5 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 Item 4 - Consultant Services Contract for AECOM — Structural Engineering Design of Floodwall at the Boeing Levee: Boeing Levee Project Manager, Toby Hallock showed several slides of the area. Hallock stated that consultants hired to certify the Boeing Levee found an area near Three Friends Fishing Hole Park that required improvements . In order to minimize impacts to the park and adjacent properties behind the park, Public Works Engineering concurs with the consultants, that a flood wall is needed. Engineering staff worked with Parks staff and the State's Recreation Conservation Office (RCO) to find a design for the Boeing levee that would meet FEMA's Accreditation Standards and preserve the functions of the park. Hallock stated that because the park was grant funded, the RCO must approve of the plan. Harmon MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AECOM for structural engineering design of a flood wall at the Boeing Levee in an amount not to exceed $18,850.89, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 5 — Contract with URS Corporation for the Upper Mill Creek Dam Improvements Proiect: Public Works Director, Tim LaPorte introduced Design Engineers, Garrett Inouye and Joe Fielding. LaPorte stated that Inouye would be presenting this item as Fielding is handing off his projects in preparation for retirement. Inouye presented slides of all the projects that would address localized flooding along Mill Creek as well as the project area, noting that the Upper Mill Creek Dam Improvements Project involves raising the existing dam, located east of 104th Avenue SE, near SE 267th Street. Inouye further explained the project scope, noting that the benefits of this project are to increase the flood storage capacity, improve downstream flood protection. Harmon asked if any other contract were needed to complete the project. Fielding clarified that a contract may be needed for construction materials testing. Committee Chair Raplee Thanked Joe Fielding for his service to the City. Higgins MOVED to recommend Council authorize the Mayor to sign a Contract with URS Corporation in an amount not to exceed $310,620 for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Harmon and PASSED 3-0. Page 6 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 Item 6 — Parkina Revision Ordinance/Fern Crest Development: Transportation Engineering Manager Steve Mullen stated that at the request of the Fern Crest Homeowner's Association the City will impose a parking restriction prohibiting vehicles from parking on one side of the following listed streets: 1. SE 224th PI - 133rd Ave SE to 134th Place Southeast 2. SE 225th PI - 132nd PI SE to 133rd Ave SE 3. SE 227th St - 132nd PI SE to 134th PI SE 4. 132nd PI SE from SE 227th St to SE 227th PI 5. 133rd PI SE — SE 226th St to SE 227th St 6. 134th PI SE - SE 224th PI to SE 225th PI 7. 134th PI SE - SE 227th St to SE 227th PI The streets were built under King County standards and are twenty four (24) feet wide and do not provide an adequate path for emergency vehicles if vehicles are parked on both sides of the streets. The Fern Crest Homeowner's Association has requested that parking be prohibited on the side of the streets without sidewalks. Harmon MOVED to recommend Council adopt an ordinance amending section 9.28.020 of the Kent City Code entitled "No Parking Zones," to add new no parking zones in the Fern Crest Neighborhood, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 7 — Information Only/Transportation Benefit District, Vehicles License Fee Option: Senior Transportation Planner, Cathy Mooney and Pavement Management Analyst, Michelle Faltaous presented an informative PowerPoint presentation outlining the annual asphalt resurfacing funding. The presentation touched on the following: • Overview of existing roadway system • Existing traffic volumes • How we have paid for transportation improvements in the past • Streets that are failing • Reduced revenue due to voter initiatives • Lane and strip patching used to stretch funds • Gave examples of what other cities are doing to fund the maintenance of their streets • Gave examples of potential sources of transportation revenue • Gave examples of future options Mooney explained what a Transportation Benefit District (TBD) is and gave some background, noting it's an independent taxing district created for the sole purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district. The boundaries of the TBD are identical to the City limits. Page 7 of 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 21, 2011 The City has limited funds to pay for necessary pavement management and street infrastructure preservation on City arterials, bridge and major collectors. Information Only/No Motion Required Item 8 — Information Only/Fleet Overview: Ron Green, Fleet Superintendent gave an informative PowerPoint presentation highlighting what Fleet Services does. Information Only/No Motion Required The meeting was adjourned at 6:05 p.m. Cheryl Viseth Council Committee Recorder Page 8 of 8 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION