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City Council Meeting - Council - Agenda - 04/17/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. April 17, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT April 17, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** SPECIAL COUNCIL WORKSHOP AGENDA 5:00 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Wilmot 10 minutes 2. Strategic Plan Update Staff 80 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Legislative Report D. Earth Day Proclamation E. Arbor Day Proclamation F. Public Safety Report 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Annual Software Maintenance Contracts - Authorize D. Boeing Levee Restoration Project Design Agreement - Authorize E. Sanitary Sewer Rate Study Consultant Services Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. Eastmont Final Plat — Approve G. Economic Development Plan Phase II Contract — Authorize H. Mountain View Plat Bill of Sale — Accept I. Traffic Code Ordinance — Adopt J. H & M Bay Bill of Sale — Accept K. Recreation and Conservation Office Grant Application Resolution — Adopt S. OTHER BUSINESS A. Initiative and Referendum Powers Ordinance — Adopt B. ShoWare Center Economic Impact Study Contract — Authorize C. Subdivision Code Amendment Ordinance — Adopt 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. 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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Intergovernmental Issues 2) Strategic Plan Update CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Legislative Report D) Earth Day Proclamation E) Arbor Day Proclamation F) Public Safety Report IIIIIIIIIh PROCLAMATION Whereas, 2012 is the 42nd anniversary of Earth Day; and Whereas, on the first Earth Day, 20 million people celebrated our planet's life and beauty and the need for preserving and renewing the threatened ecological balances upon which all life on Earth depends; and Whereas, reducing waste and carbon emissions, conserving energy and protecting our ecosystems requires the efforts of every adult and child to help create a cleaner, safer, healthier world; and Whereas, Earth Day is celebrated worldwide every April 22; and Whereas, the city of Kent, Washington has been conducting activities to commemorate Earth Day since 1991; NOW, THEREFORE, I, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim Saturday, April 21, 2012 as EARTH DAY IN KENT and encourage all residents to reduce, reuse and recycle, and to join the environmental restoration efforts at Park Orchard Park. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 17th day of April, 2012. Suz teCooke, Mayor N 1.✓' ' �. ,�1a � ��; " KENT . f t. WASHINGTON PROCLAMATION Whereas, Arbor Day was established in 1872; and Whereas, the city of Kent recognizes the value of trees in making the city environmentally sound and aesthetically pleasing, which promotes good business and a sense of community; and Whereas, the city of Kent established a "Tree Ordinance"and a tree maintenance crew for the purpose of maintaining, protecting, and regulating street trees for beautification of the city; and Whereas, in recognition of its commitment to trees and the environment, the city of Kent has been named Tree City USA by the National Arbor Foundation every year since 2003, making this our 10ft' anniversary; and, Whereas, The city of Kent is now the fifth city in the Green Cities Partnership, working to sustain our healthy urban forests and natural spaces with the help of dedicated citizens, NOW, THEREFORE, 1, Suzette Cooke, Mayor of the city of Kent, do hereby proclaim April 28, 2012 as ARBOR DAY In the city of Kent, Washington, and I encourage all residents to consider planting a tree on their property, to take a moment to enjoy the trees in our local parks, to appreciate the beautiful green open spaces and forests that we enjoy here in the Northwest and to join the environmental restoration efforts at West Fenwick Park. In witness whereof, i have hereunto set my hand and caused the seal of Kent to be affixed this 17th day of April, 2012. t 4 � �, Uby¢e2t ( Cooke, Mayor LV6 AV l r KENT !u-. WASHINGTON 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 K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of April 3, 2012, and correction to the minutes of March 20, 2012 as follows: Homeless/Resource Center. Earlier in the meeting, Albertson had noted that she was unable to attend the " March 14 meeting on this issue, . . . 7B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 3, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/12 Wire Transfers 4981-5003 $2,261,589.59 3/15/12 Regular Checks 661405-661982 2,844,354.51 Void Checks 661943 (13,007.87) 3/15/12 Use Tax Payable 3,086.23 $5,096,022.46 y RCN i Kent City Council Meeting April 3, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and Ranniger. Councilmember Thomas was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Higgins added an excused absence for Council member Thomas as Consent Calendar Item H. CAO Hodgson noted that the City Attorney will report on a recently filed initiative proposal during Administrative Reports. B. From the Public. (CFN-198) Public Comments Items A, B and C were added at the request of audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Albertson encouraged pet owners to get their animals spayed or neutered and licensed. Perry announced that the 2012 Budget At- A-Glance is now available. B. Community Events. (CFN-198) Ranniger announced upcoming community events and Higgins announced events at ShoWare Center. C. Introduction of Appointee. (CFN-1170) It was noted that Blane Webber's appointment to the Lodging Tax Advisory Board is on the Consent Calendar for confirmation by the Council. PUBLIC COMMENT A. Homeless. (CFN-118) Jennifer Minich, 756 Prospect Avenue N., spoke in favor of a shelter and services for the homeless in Kent, noting the dangers of inaction. Pat Gray, 14036 SE 237th Place, pointed out that service providers have always been a part of KentHOPE and expressed the desire that KentHOPE be included in the task force mentioned at tonight's workshop. Chris Gough, 1958 Union Avenue NE, Renton, Seattle Union Gospel Mission, noted that there is not one solution to all gaps, and that although there are amazing services in Kent, the immediate need is for a day center. Sarah Davidson, 24277 141't Place SE, said KentHOPE will not give up and will fill at least one of the gaps. Betty Brown, P. O. Box 403, who is homeless, said showers and laundry facilities are needed. Andrea Keikkala, Executive Director of the Kent Chamber of Commerce, who also spoke for the Kent Downtown Partnership, said they believe that the site of the Resource Center does not fit their goal of providing a healthy and vibrant community. She urged the City not to locate the homeless shelter there, but to keep the issue of homelessness at the forefront. Mayor Cooke noted that a letter on this subject from the Kent Downtown Partnership was distributed at tonight's workshop. Higgins moved to make the letter a part of the record. Ranniger seconded and the motion carried. 1 Kent City Council Minutes April 3, 2012 B. Water Rates. (CFN-110) Jeremy Millard, Property Manager at Valley Manor Mobile Home Park, 856 Central Avenue South, expressed concern about how water usage is billed and suggested it be based on the household served. Albertson said the Public Works Committee will look into this and will include him. C. Neighborhood Clean Up. (CFN-1304) Linda Sweezer, 23243 152nd Avenue SE, asked for help in cleaning up debris left from the January ice and wind storm. She was referred to the Neighborhood Program Coordinator in the Mayor's Office. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through H. Perry seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of March 20, 2012, were approved. B. Approval of Bills. (CFN-104) Approval of payment of the bills received through February 29 and paid on February 29 after auditing by the Operations Committee on March 20, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 2/29/12 Wire Transfers 4968-4980 $1,308,995.55 2/29/12 Regular Checks 661094-661404 2,482,983.69 2/29/12 Use Tax Payable 898.64 $3,792,877.88 Approval of checks issued for payroll for March 1 through March 15 and paid on March 20, 2012: Date Check Numbers Amount 3/20/12 Checks 326866-327037 $ 150,398.27 3/20/12 Advices 296099-296737 1,209,201.18 $1,359,599.45 C. Lodging Tax Advisory Committee Appointment. (CFN-1170) The Lodging Tax Advisory Committee's appointment of Blane Webber to the Lodging Tax Advisory Committee was confirmed. D. Department of Ecology/Municipal Stormwater Capacity Grant Amendment. (CFN-1038) The Mayor was authorized to sign an amendment to the Fiscal Year 2012 municipal stormwater capacity grant agreement with the Washington State Depart- ment of Ecology that will award an additional $50,000 to the city of Kent to be spent within the National Pollutant Discharge Elimination System Program, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes April 3, 2012 E. Ordinance Amendina Combined Sewer and Storm Surface Water Utility. (CFN-565) Ordinance No. 4032, amending Section 7.06 of the Kent City Code, entitled, "Combined Sewer and Storm Surface Water Utility" was adopted. F. Stormwater Utility Property Lease. (CFN-1038) The Mayor was authorized to sign an agreement with Terreno Valley Corporate, LLC, being successor in interest to Alecta Real Estate Kent Valley, to lease stormwater utility property for a period of five years, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Braun Plat Bill of Sale. (CFN-484) The Bill of Sale for the Braun Plat project, permit 2063997, for 4 gate valves, 2 hydrants, and 566 linear feet of waterline, 3 sanitary sewer manholes and 496 linear feet of sanitary sewer line, 660 linear feet of new street, 327 linear feet of frontage improvements, 1 storm sewer manhole, 10 catch basins, 9,392 cubic feet of detention pond storage, and 767 linear feet of storm sewer line was accepted. H. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember Thomas was approved. REPORTS A. Council President. (CFN-198) Higgins noted that homelessness and the use of the Resource Center as a shelter was discussed at tonight's workshop, and that feed- back from the six focus groups indicated opposition to locating a shelter in that building. He said use of the Resource Center is being put on hold and that a second RFP for use of the building will not go forward. He added that there is a need for community-wide cooperation to determine what services are being provided to the homeless and where there are gaps, and that a task force will be formed to do so. In response to a comment from Albertson, Higgins clarified that the instructions from Council tonight do not include use of the Resource Center at this time. He and Albertson expressed appreciation to the groups who have been working on this and encouraged them to stay involved even though there will be a task force working on the issue. B. Mayor. (CFN-198) Mayor Cooke reported on her attendance at a Flood Control Zone District Advisory Committee meeting, and thanked those who provided input on the Parks and Facilities and Transportation Infrastructure task forces, as well as the issue of homelessness. C. Administration. (CFN 155) City Attorney Brubaker noted that an initiative proposal relating to the use and prosecution of marijuana was filed on March 28. He explained the proposal and noted that the current City Code relating to initiative and referendum powers is outdated because the laws have changed. He provided copies of a draft ordinance which would bring it up to date, and said he will bring it back to the next Council meeting. He responded to questions about the process and noted that his office is communicating with five other cities who received the same proposal. 3 Kent City Council Minutes April 3, 2012 D. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be at 5:30 p.m. on April 9 and agenda items include code enforcement and a plat extension ordinance. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger thanked all those involved in the robust and passionate discussion on homelessness. G. Public Safety Committee. (CFN-198) Boyce noted that the next meeting is on April 10 at 4:30 p.m. H. Public Works Committee. (CFN-198) Albertson noted that the Transportation Committee is making progress and that the next meeting is at 4:00 p.m. on April 16. ADJOURNMENT The meeting adjourned at 8:08 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 4 10EN"i ,r .n� Kent City Council Workshop April 3, 2012 Council Members Present: Albertson, Boyce, Higgins, Perry, Ralph, and Ranniger. The meeting was called to order at 5:30 p.m. by Council President Higgins. Interaovernmental Issues. Michelle Wilmot noted that the special Legislative session is due to end April 10, and gave an update on the status of budget negotiations and the liquor excise tax. Council members then reported on attendance at regional meetings. Homeless/Resource Center. Parks Director Watling noted that outreach and scoping have been completed. Jason Johnson and Katherin Johnson of Parks and Human Services gave the background of the issue, explained the focus groups, and outlined the findings and recommendations. Katherin Johnson summarized that the vast majority of focus group participants agreed that the downtown retail core is not the appropriate location for a day center. Watling then said staff recommends that Council refer the formation of a Homeless Services Task Force to the Human Services Commission, and inform groups who have expressed interest in using the building of its decision. Staff then responded to questions from Council members regarding the focus groups, options, gaps in service, deliverables, and so forth. Higgins concluded by saying the consensus is not to use the Resource Center as a location for a shelter, and to continue working on the issue of homelessness. The meeting adjourned at 6:45 p.m. Brenda Jacober, CIVIC City Clerk KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: April 17, 2011 SUBJECT: Annual Software Maintenance Contracts — Authorize MOTION: Authorize the Mayor to execute the Information Technology Department purchase orders and associated contracts for systems with annual maintenance costs over $25,000 per year, subject to terms and conditions acceptable to the Information Technology Director and City Attorney. SUMMARY: The Information Technology Department has a number of business systems where the annual support and maintenance renewal costs are over $25,000. Historically, the IT Department has sought approval from Council to address these maintenance costs via one approval process. The annual support and maintenance renewal that are over $25,000 have historically been approved as part of the standard budget process and are thereby included as an element of the final budget document. Due in part to the protracted timeline for establishing the 2012 budget, this list was drafted, but inadvertently omitted from the final documentation. While the 2012 budget does include the funding for these maintenance contracts, the Information Technology Department is asking for approval of the entire list at this time in accordance with past practices. EXHIBITS: List of IT Systems with annual maintenance over $25,000 RECOMMENDED BY: Operations Committee BUDGET IMPACTS: No impact to the budget as the funding for the support and maintenance contracts was approved as part of the 2012 budget. IT 2012 Maintenance Contracts over $25,000 2012 Vendor Category Application Budget ImageSource (Oracle) Document Management Document Imaging &Management $ 55,153 ESRI GIS -Geographic Information Systems ArcInfo,ArcView,ArcPad,ArcIMS $ 36,330 Customer Service/ Infor (Hansen) Asset Management Plant/Sewer/Storm/Street/Water $ 33,811 Accela (KIVA) Permitting Permitting &Workflow Management $ 25,061 Oracle OneWorld (JDE) Payroll/Personnel/Finance ERP - Enterprise Resource Planning $108,477 Mythics (Oracle) Oracle Database &JDE Tech Foundation Database Management Systems $ 48,410 Qwest Phone Switch Maintenance Telephony/Phones $ 47,811 Liebert Global Services Uninterruptable Power Supply Maintenance Network/Uninterruptable Power $ 25,200 *City Hall &Station 74 Supply Active Network Registration/Payment/Membership Registration &Account Management $ 25,000 (Class/Escom) Management Tiburon Law Enforcement Records Management Police Department - Records $131,163 * Maintenance &Level II DBA Support Storage, Retrieval and Update Desktop, Back Office, and Operating Systems Microsoft icesoft Enterprise Agreement $ 67,038 WA State $603,454 C J m C q O 0 O C 0 V E C 0 m w w o m T O EW C O- m i m w C 3 C W > W O U7 m E O L w 0 u i u W W U C E v W m V T E w m V m of v m 0 W O V m W N W �� 0 L W t > V O 0 O y0 O O' m O m V W y E — � 0 U m twi T T '� U m C C L O m W ' W C E W m O. ?i > E 01 = > N V N y m C m C_ O O U7 i i U i U T C - E C y E N O C y C C C W J ti V E J � wE � w E v u EsE .V i w O O Q U m 0 T T C m m C J V m u m vmi 0 m 0 y W C C NO S C EyR y '-' - O v i > X L i j m U O. 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KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: April 17, 2011 SUBJECT: Boeing Levee Restoration Project Design Agreement — Authorize MOTION: Authorize the Mayor to sign a design agreement with the US Army Corps of Engineers for the Boeing Levee Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In October 2000, the US Army Corps of Engineers (Corps), in partnership with 17 local jurisdictions, non-profit organizations and the Muckleshoot Indian Tribe, completed the Feasibility Report for the Green/Duwamish Ecosystem Restoration Project (ERP). The focus of the ERP was the design and construction of various habitat restoration projects throughout the Green/Duwamish watershed. The Boeing Levee Restoration Project was one of the identified projects proposed within the ERP. Design for the Boeing Ecosystem Restoration Project will be completed in 2013. Construction of the project would be dependent on future grant funding. However, without the design completed, future construction funding through the federal government is not likely. The restoration project does not negatively affect the City's FEMA accreditation efforts. EXHIBITS: Design Agreement and Site Map RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: To complete design of the project, a partnership between the city of Kent and the Corps must be formalized through the signing of a Design Agreement (DA). The DA requires that the City contribute 25 percent of the total design cost of the project. The total estimated design cost is projected to be $600,000 of which the City's proportionate share is projected to be $150,000 and the Corps share is the remaining $450,000. In an attempt to fund a portion of the project costs, the City of Kent will apply for various grants from a range of different agencies. If grants are not available, storm drainage funds will be used to complete the City's share of the design. DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF KENT FOR DESIGN FOR THE DUWAMISH/BOEING LEVEE ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of 1 , by and between the Department of the Army(hereinafter the "Government'), represented by the U.S. Army Engineer, Seattle District and City of Kent(hereinafter the "Non-Federal Sponsor"), represented by the Mayor of City of Kent. WITNESSETH, THAT: WHEREAS, Federal Construction, General funds for Fiscal Year 2003, included funds for the Government to initiate design of the Duwamish/Green River Basin Project for ecosystem restoration (hereinafter the "Parent Project') at King County, Washington; WHEREAS, the Government and the Non-Federal Sponsor desire to enter into an agreement(hereinafter the "Agreement')for the provision of design for the Duwamish/ Boeing Levee ecosystem restoration project(an element of the Parent Project and hereinafter the "Project', as defined in Article I.A. of this Agreement); WHEREAS, construction or implementation of the Project is authorized by Section 101(b) (26) of the Water Resources Development Act of 2000, Public Law 106- 541 in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December 31, 2000; and a favorable final report of the Chief was completed on December 29, 2000; WHEREAS, Section 105(c) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215), provides that the costs of design of a water resources project shall be shared in the same percentage as the purposes of such project; WHEREAS, the Government and the Non-Federal Sponsor agree that, during the period of design, the Non-Federal Sponsor shall contribute 25 percent of total design costs and that, if a Project Partnership Agreement for construction of the Project is executed between the Government and a non-Federal interest, such non-Federal interest shall contribute any remaining portion of the non-Federal share of the costs of design in accordance with the provisions of such Project Partnership Agreement; WHEREAS,the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes,foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful design and implementation of the Project. NOW, THEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term"Project"shall mean levee improvements including setting back the existing levee and habitat restoration along the right bank of the Green river from River Mile 17.1 to River Mile 18 as generally described in the final report of the Chief of Engineers dated December 29, 2000, and in the "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000 and approved by the District Engineer, U.S. Army Corps of Engineers, Seattle District, on October 30, 2000. B. The term"total design costs"shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design of the Project. Subject to the provisions of this Agreement,the term shall include, but is not necessarily limited to: the Government's costs of engineering and design, economic and environmental analyses, and evaluation performed after a feasibility report whether performed prior to or after the effective date of this Agreement that were not previously shared with a non-Federal interest pursuant to any other agreement; the Government's supervision and administration costs;the Non-Federal Sponsor's and the Government's costs of participation in the Design Coordination Team in accordance with Article III of this Agreement;the Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article VILB. and Article VILC. of this Agreement. The tern does not include any costs of betterments under Article ILE. of this Agreement; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies for the Project; any costs incurred as part of feasibility studies under any other agreement for the Project; the Non-Federal Sponsor's costs of negotiating this Agreement; or any costs of negotiating a project partnership agreement for the Project or separable element thereof. C. The term"period of design"shall mean the time from the effective date of this Agreement to the date that a Project Partnership Agreement for construction of the 2 Project, or a separable element thereof, is executed between the Government and a non- Federal interest or the date that this Agreement is terminated in accordance with Article X of this Agreement, whichever is earlier. D. The term'financial obligations for design"shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total design costs. E. The term "non-Federal proportionate share"shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement to financial obligations for design, as projected by the Government. F. The term "betterment" shall mean a difference in the design of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design of that element. The term does not include any design for features not included in the Project as defined in paragraph A. of this Article. G. The term "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. H. The term'fiscal year"shall mean one year beginning on October 1 and ending on September 30. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress') and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall design the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws,regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for design of the Project or commence design of the Project using the Government's own forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed with design of the Project. 2. To the extent possible, the Government shall design the Project in accordance with the Project Management Plan for the Project developed and updated as required by the Government after consultation with the Non-Federal Sponsor. 3. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant scopes of work, 3 prior to the Government's issuance of such solicitations. To the extent possible,the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification,the Government shall provide such notification in writing at the earliest date possible. To the extent possible,the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 4. At the time the U.S. Army Engineer, Seattle District(hereinafter the "District Engineer")furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all design products that are developed by contract or by Government personnel during the period of design. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the final approval of all design products shall be exclusively within the control of the Government. 6. Notwithstanding paragraph A.4. of this Article, if the award of any contract for design of the Project, or continuation of design of the Project using the Government's own forces, would result in total design costs exceeding $600,000, the Government and the Non-Federal Sponsor agree to defer award of that contract, award of all remaining contracts for design of the Project, and continuation of design of the Project using the Government's own forces until such time as the Government and the Non-Federal Sponsor agree in writing to proceed with further contract awards for the Project or the continuation of design of the Project using the Government's own forces, but in no event shall the award of contracts or the continuation of design of the Project using the Government's own forces be deferred for more than three years. Notwithstanding this general provision for deferral, in the event the Assistant Secretary of the Army(Civil Works)makes a written determination that the award of such contract or contracts or continuation of design of the Project using the Government's own forces must proceed in order to comply with law or to protect human life or property from imminent and substantial harm, the Government, after consultation with the Non-Federal Sponsor, may award a contract or contracts, or continue with design of the Project using the Government's own forces. 7. As of the effective date of this Agreement, $10,538,118 of Federal funds for design and construction have been provided by Congress for the Parent Project of which $700,000 is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the 4 Parent Projector the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. B. The Non-Federal Sponsor shall contribute 25 percent of total design costs in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide funds in accordance with Article IV.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's share of 25 percent of total design costs if the Government projects at any time that the collective value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement will be less than such share. 2. The Government, subject to the availability of funds, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 25 percent of total design costs if the Government determines at any time that the collective value of the following contributions has exceeded 25 percent of total design costs: (a)the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article; and (b)the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement. C. Upon conclusion of the period ofdesign,the Government shall conduct an accounting, in accordance with Article IV.C. of this Agreement, and furnish the results to the Non-Federal Sponsor. D. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. E. The Non-Federal Sponsor may request the Government to include betterments in the design of the Project. Such requests shall be in writing and shall describe the betterments requested to be included in the design of the Project. If in its sole discretion the Government elects to include such betterments or any portion thereof in the design of the Project, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Government shall allocate the costs of the Project features that include betterments between total design costs and the costs of the betterments. The Non-Federal Sponsor shall be solely responsible for all costs of design of the betterments by the Government under this paragraph and shall pay all such costs in accordance with Article IV.D. of this Agreement. F. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the Project, or a separable element thereof,the Government, in accordance with the provisions of this paragraph, shall include the 5 amount of total design costs in total project costs for the Project, or separable element thereof. Further,the Government, in accordance with the provisions of this paragraph, shall afford credit toward the non-Federal interest's share of total project costs for the Project, or separable element thereof, for the Non-Federal Sponsor's contributions toward total design costs under this Agreement. 1. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the entire Project, the Government shall include the amount of total design costs in total project costs for the Project. Further,the Government shall afford credit toward the non-Federal interest's share of total project costs for the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government. 2. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of a separable element of the Project, the Government shall determine the portion of total design costs that are allocable to such separable element and include such amount in total project costs for such separable element. Further, the Government shall determine the amount of the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government,that are allocable or attributable to such separable element and shall afford credit for such amount toward the non-Federal interest's share of total project costs of such separable element. 3. If the Government and a non-Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof, the Government shall not be obligated to refund or reimburse the Non-Federal Sponsor, in whole or in part, for the Non-Federal Sponsor's 25 percent contribution of total design costs. Further, refund or reimbursement by the Government for any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement is subject to the availability of funds. 4. Notwithstanding any other provisions of Article ILF of this Agreement, any amount credited for the value of the Non-Federal Sponsor's contributions toward total design costs provided in accordance with Articles III an VII of this Agreement shall not be applied toward the 5 percent cash share required by Section 103(a)(1)(A) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213(a)(1)(A)). G. This Agreement shall not be construed as obligating either party to seek funds for, or to participate in, construction or implementation of the Project or a separable element thereof or as relieving the Non-Federal Sponsor of any future obligation under the terms of any Project Partnership Agreement. 6 ARTICLE III - DESIGN COORDINATION TEAM A. To provide for consistent and effective communication,the Non-Federal Sponsor and the Government,not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Design Coordination Team. Thereafter,the Design Coordination Team shall meet regularly until the end of the period of design. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Design Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Design Coordination Team informed of the progress of design and of significant pending issues and actions, and shall seek the views of the Design Coordination Team on matters that the Design Coordination Team generally oversees. C. Until the end of the period of design,the Design Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; scheduling of reports and work products;plans and specifications; real property and relocation requirements for construction of the Project; design contract awards and modifications; design contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation,maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Design Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Design Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Design Coordination Team. The Government, having the legal authority and responsibility for design of the Project, has the discretion to accept or reject, in whole or in part,the Design Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VILC. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE IV - METHOD OF PAYMENT 7 A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs,financial obligations, and the contributions provided by the parties. 1. As of the effective date of this Agreement, total design costs are projected to be $600,000; the Non-Federal Sponsor's contribution of funds required by Article ILB.1. of this Agreement is projected to be $150,000;the non-Federal proportionate share is projected to be 21.7 percent; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non- Federal Sponsor's contribution of funds for such costs required by Article ILE. of this Agreement are projected to be $450,000. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By December 2011 and by each quarterly anniversary thereof until the conclusion of the period of design and resolution of all relevant claims and appeals, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total design costs; the Non-Federal Sponsor's total contribution of funds required by Article ILB.1. of this Agreement; the non-Federal proportionate share; the total contribution of funds required from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non-Federal Sponsor's contribution of funds for such costs required by Article ILE. of this Agreement. B. The Non-Federal Sponsor shall provide the contribution of funds required by Article ILB.1. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces,the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet: (a)the non-Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; (b)the projected non-Federal proportionate share of financial obligations for design to be incurred for such contract; and (c)the projected non-Federal proportionate share of financial obligations for design using the Government's own forces through the first fiscal year. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, USACE Seattle District" to the District Engineer, or verifying to the satisfaction of the Government that the Non- Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the 8 Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. Thereafter, until the design of the Project is complete, the Government shall notify the Non-Federal Sponsor in writing of the funds the Government determines to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor shall provide such funds in accordance with the provisions of this paragraph. a. The Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for design of the Project, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations for design to be incurred for such contract. No later than such scheduled date, the Non-Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make financial obligations for design of the Project using the Government's own forces, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations for design using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year the Non-Federal Sponsor shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover: (a)the non- Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; and (b)the non-Federal proportionate share of financial obligations for design as financial obligations for design are incurred. If at any time the Government determines that additional funds will be needed from the Non- Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations for the current contract or to cover the Non-Federal Sponsor's share of such financial obligations for work performed using the Government's own forces in the current fiscal year the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice,the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of design and resolution of all relevant claims and appeals,the Government shall conduct a final accounting and furnish the Non- Federal Sponsor with written notice of the results of such final accounting. If outstanding 9 relevant claims and appeals prevent a final accounting from being conducted in a timely manner,the Government shall conduct an interim accounting and furnish the Non- Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved,the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total design costs. In addition, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non-Federal Sponsor's total required share of total design costs exceeds the Non-Federal Sponsor's total contributions provided thereto,the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, USACE Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total design costs exceed the Non-Federal Sponsor's total required share thereof, the Government, subject to the availability of funds, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. hi the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. If such appropriations are not received or, if the Non-Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non- Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non-Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article ILF. of this Agreement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article ILE. of this Agreement to include betterments in the design of the Project in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation to include betterments in the design of the Project, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of design of such betterments. No later than 30 calendar days prior to the Government incurring any financial obligation for design of such betterments, the Non-Federal Sponsor shall provide the Government with the full amount of the funds 10 required to cover the costs of design of such betterments through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for design of such betterments as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for design of such betterments, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations to include betterments in the design of the Project and furnish the Non- Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals prevent a final accounting of design of such betterments from being conducted in a timely manner, the Government shall conduct an interim accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved,the Government shall amend the interim accounting of design of such betterments to complete the final accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for design of such betterments and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for including betterments in the design of the Project exceed the total contribution of funds provided by the Non-Federal Sponsor for design of such betterments, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, USACE Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for including betterments in the design of the Project exceeds the total obligations for design of such betterments, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. If such appropriations are 11 not received or, if the Non-Federal Sponsor requests that the Government not refund the excess amount to the Non-Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non- Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article ILF. of this Agreement. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement,that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI—HOLD AND SAVE Subject to the provisions of Article XIII of this Agreement,the Non-Federal Sponsor shall hold and save the Government free from all damages arising from design of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VII- MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement,the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations,the Government and the Non-Federal Sponsor shall each allow the other to inspect such books, records, documents, or other evidence. B. hi accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget(OMB)Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor 12 and to the extent permitted under applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total design costs and shared in accordance with the provisions of this Agreement. C. hi accordance with 31 U.S.C. 7503,the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE VIII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE IX - RELATIONSHIP OF PARTIES A. hi the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. hi the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE X - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army(Civil Works)shall terminate this Agreement or suspend future performance under this Agreement unless he determines that 13 continuation of design of the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total design costs that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable,the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total design costs the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. hi the event the Government determines that modifications to the Project are required and that additional authorization by Congress will be required before the Government may construct such modifications, the Government shall notify the Non- Federal Sponsor in writing of such determinations and shall terminate this Agreement. D. hi the event that this Agreement is terminated pursuant to this Article, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article IV.C. of this Agreement. To provide for this eventuality,the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.1. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XI - NOTICES 14 A. Any notice,request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: Public Works Department City of Kent 220 Fourth Ave S Kent, WA 98032-5895 If to the Government: Chief, Planning Branch, PPMD Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XII - CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council of City of Kent, where creating such an obligation would be inconsistent with Section 35A.33.075 of Revised Code of Washington. B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that 15 year and shall use all reasonable and lawful means to secure those appropriations. The Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. hi the event funds are not appropriated in amounts sufficient to fulfill these obligations,the Non-Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Non-Federal Sponsor is unable to fulfill these obligations,the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY CITY OF KENT BY: BY: BRUCE A. ESTOK SUZETTE COOKE Colonel, Corps of Engineers MAYOR, CITY OF KENT DISTRICT ENGINEER DATE: DATE: 16 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the City of Kent,that the City of Kent is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kent in connection with design of the Duwamish/Boeing Levee Ecosystem Restoration Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the City of Kent have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 Arthur Fitzpatrick Deputy City Attorney 17 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Suzette Cooke Mayor, City of Kent DATE: 18 KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: April 17, 2011 SUBJECT: Sanitary Sewer Rate Study Consultant Services Agreement - Authorize MOTION: Authorize the Mayor to sign a consultant services contract with FCS Group, Inc., to perform a sanitary sewer utility rate study, for an amount not to exceed $45,085, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Sanitary Sewer Comprehensive Plan will include an assessment of the City's sewer system and required improvements. FCS Group, Inc. will have the responsibility of reviewing: the current utility rates, funding of capital projects, and forecasting revenues required to operate the system over the next five to ten-year period. EXHIBITS: Scope of Services, Exhibits A & B RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This contract will be funded from the sanitary sewer fund. k cJIihit A art aipc cif aerl ii .�,S :,,ev,cr ilat41 Task 1: Data Collection /Validation 1.1 Prepare a written request for data/information needed for the study. The list will be provided to the City in advance of the kick-off meeting. 1.2 Attend a kick-off meeting with City staff to discuss key study issues and objectives, and review readily available information. In particular any customer equity concerns will be discussed that could result in revisions to the current rate structure. 1.3 Review, analyze, and validate the data as necessary for use in conducting the technical analysis. Follow up with City staff(via telephone/email)for any additional items or explanations as necessary. Task 2: Fiscal Policy Evaluation 2.1 Review policies regarding reserve management, including operating reserves, capital-related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for such reserves, the basis for minimum thresholds, and the financial and rate impacts for establishing any new or revised reserves. Evaluate debt management policies, and policies regarding capital improvement and capital reinvestment(e.g.,repair/replacement)funding. 2.2 After review and discussion with City staff, integrate recommended policies into the technical analyses. Task 3: Capital Funding Analysis 3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the identified capital needs over a 5 to 10-year study period. Consider funding sources from current revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and potential revenue streams that are consistent with City policy and preference(e.g., increased rates and charges as warranted, debt financing, acquisition of special grants or loans, assessments, or special funding structures). Working from the City-provided capital projects list, incorporate annual capital projects and associated costs for the study period. Forecast future costs using inflationary factors. 3.2 Compare forecasted improvements against forecasted funding sources available, as derived from current rate and charge levels, cash reserves, and other identified sources for funding capital projects. Develop a capital funding strategy based on different approaches to funding capital needs, including alternative levels of annual cash contributions from rates,use of cash reserves, appropriate and/or necessary levels of debt financing,resources from new development, etc. (The budget provides for up to three(3)alternative capital funding scenarios). Task 4: Revenue Requirement Forecast 4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the financial performance of the utility over the study period. The chief output of this task is a`revenue requirement"that defines the full-cost need from the City's user rates, after other revenue sources have been accounted for in meeting the financial obligations of the utility. 4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and capital financing strategies (Task 3). Forecast annual operating expenditures and revenues for the study period. Budget estimates will be used as a baseline for projecting future costs and revenues. Model impacts resulting from any operational cost additions or savings caused by capital projects,known or anticipated changes to meet regulatory requirements, as well as impacts of any new or enhanced program initiatives. 1 k cJIihit A artaipc cif aenir 'S 4.3 Compare annual financial needs against available rate and miscellaneous operating revenues, identifying any projected shortfalls over the forecast period. Calculate annual and overall adjustments needed in rate levels to recover the full cost of service over the study period. 4.4 Develop rate revenue strategies that meet financial obligations over the near-and long-term planning horizon and provide smooth impact to utility customers,to the extent practical. (The budget provides for up to three(3)revenue requirement scenarios). 4.5 Prepare materials and meet with City staff to review and evaluate key results and select the preferred revenue requirement scenario. 4.6 Incorporate changes as necessary and finalize the revenue requirement analysis. Task 5: Cost of Service/Rate Structure Evaluation 5.1 Develop functional allocation of system assets and expenses: • Classify plant investment by major categories (e.g., customer services, collection, transmission, etc.); • Assign categorized plant investment to functional cost components (customer, flow)using system design criteria; • Classify expense data by major and sub categories relating to the activities performed in the operation of the sewer utility(including King County treatment expenses); and • Assign categorized expenses to functional cost components. 5.2 Distribute functional costs to customer classes: • Work with City staff to generate a database of detailed billing system information by customer class. Develop summary customer statistics by customer class including number of accounts, dwelling units, annual water usage, and winter period water usage; • Perform a customer class analysis to determine the appropriate grouping of customers for use in the cost allocation process and rate structure design; • Apply prevailing rates to the customer data set to determine whether the historical information serves as a valid basis for calculating rates that will generate the correct amount of revenue. Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies; • Allocate classified costs to each customer class based on use of the sewer system; and • Derive class of service unit costs. 5.3 Develop alternative rate structures: • Review and analyze the current sewer rate structure. Recommend rate modifications reflective of cost-of-service findings and policy objectives of the City. (The budget provides for up to three(3) alternative rate structures for review with utility management); • Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands; • Identify revenues to be generated from fixed and volume-based charges; • Incorporate the King County(pass through) charge and prepare sample bills for each class of service comparing existing rates and proposed rate impacts; and 2 k cJIihit artaipc cif a2nir vS :,,vv,cr ilat41 • Prepare a typical bill comparison for the residential class including a survey of up to five(5) neighboring communities and the City's existing and proposed rates. 5.4 Prepare materials and meet with City staff to review and evaluate key results and select the preferred rate structure. 5.5 Incorporate changes as necessary and finalize rate design. Task 6: Capital Connection Charges 6.1 Review and evaluate the current connection charge methodology and structure. Recommend alternatives as warranted. 6.2 Based on the results of Subtask 6.1 above,update capital connection charges for the utility. The recommended methodology is likely to incorporate current and planned system investment and system capacity: • Determine the existing cost basis to be incorporated into the charges. This includes review and evaluation of existing plant-in-service, contributed assets, interest accumulation, and other adjustments; • Determine the future cost basis to be incorporated into the charges. This includes review and evaluation of the sewer CIP(as identified in the Sewer Master Plan) and apportioning capital needs to existing customers and to future customers; • Determine system capacity that the existing and future planned system infrastructure can serve; and • Calculate the maximum allowable capital connection charge per customer equivalent and develop a schedule of sewer connection charges. 6.3 Prepare materials and meet with City staff to review and evaluate key results. 6.4 Incorporate changes as necessary and finalize connection charges. Task 7: Presentations 7.1 Meet with City staff to review final recommendations and summary materials for use in City Council/public presentations. 7.2 Attend up to three(3) City Committee/Council meetings to present study results. Task 8: Documentation 8.1 Develop a draft policy-oriented report for City staff review that focuses on findings, conclusions, and implementation methods and issues related to the recommended rates. 8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and electronic(pdf)format. Electronic versions of the spreadsheet models will be submitted in Excel format. Task 9: Project Administration Perform miscellaneous project setup activities,work paper documentation, internal scheduling/workload planning, invoicing, ongoing client correspondence, and other miscellaneous administrative/project management activities throughout the study. 3 k c,JIihit A artaiiic cif aenir ,S :�wv,w, ilat41 Deliverables: Task 1: Data Request to City staff Task 2: Evaluate fiscal policies and analyze impacts Task 3: Analyze up to 3 alternative capital funding scenarios Task 4: Provide up to 3 revenue requirement scenarios Task 5: Provide up to 3 rate structure alternatives Task 6: Provide up to 3 alternative schedules of connection charges Task 7: Provide presentation materials Task 8: Draft and final report 4 I trliil�iiC III,B st°hf^dt i If: Sfnme IIJI,Jd9@ i�:t,idy Managing Total Hineipal Analyst Adnin. Estiamted Total Task Johnson Shvley Support Hours Budget Hourly Billing Rates: $225 $100 $70 Task 1 -Data Collection/Validation[1 mtg] 8 24 32 $ 4,200 Task 2-Fiscal Policy Evaluation 4 4 8 $ 1,300 Task 3-Capital Funding Analysis 3 18 21 $ 2,475 Task 4-Revenue Requirement Forecast[I mtg] 12 44 56 $ 7,100 Task 5-Cost of Service/Rate Structure Evaluation[1 mtg] 14 58 72 $ 8,950 Task 6-Capital Connection Charges[lmtg] 12 32 44 $ 5,900 Task 7-Presentations[4 mtgs] 24 24 8 56 $ 8,360 Task 8-Documentation 8 32 8 48 $ 5,560 Task 9-Project Administration 4 2 2 8 $ 1,240 Total 89 238 18 345 $ 45,085 5 KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: April 17, 2011 SUBJECT: Eastmont Final Plat — Approve MOTION: Approve the final plat mylar for Eastmont and authorize the Mayor to sign the mylar. SUMMARY: On August 30, 2006, and as revised on September 1, 2006, the Hearing Examiner recommended approval with 56 conditions, to subdivide approximately 4.1 acres into 27 single-family residential lots and one stormwater tract. The applicant has complied with the conditions required prior to recording. The property is located at 10823 SE 244th St., Kent, WA. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development and Public Works Staff BUDGET IMPACTS: None First American Title 1.30 AC O A` 0150 1 9150 N 136.03 �.:AA 3 1 s' Z m 1CD 0 na 16 ,,,, DO.` Cq 9656# ° 120.10 N I o� 0160 I o a z a 135.96 3.96 AC y1 'nnu (n� 0082 °i r F[, I°�l 17 _J o -'T' oo E ]28 9660# �101.5 ^ 0170 = 119.B6 136.32 1--21092509 32202 SF 2.51 10.72 0082 SF 9163 9139 1o12s# 9a 2s 2s 3069( 309.72 P. 0081 1302.085> 016 101.5 161.01 1 Sb0 4°1� s GOV m ------------------------------ ------------------------------------------- 244TH.ST. --------- 0 < 100 102.01 304. 3 P. 30 90 25 i 25 LOT 1 r 9720# r:�w x 014.5 ^ " KCSP &8135 u .~,ems rim i 00 N 7905140952 1 139.57 11700# 130000 15 9161 9195 ^+m LOT 2 90 100 9720, ; 27356 SF ^ e O1$0 1 +ry n, 2 10 .eam m o m m W go N 0349 0 W go od 1 4 59 z wI rvm U 14 3 129604 10. 0140 00, p 13 .62 ru O i 1.19 AC om 10530# O 4No10° 50 0351 2 0130 �O v 134.64 00• 27315 SF 0352 "" 12 5 10530# m 105 0120 005 134.16 4 w S 10530- ^m ^ 10`. �n 0110 �m 139, eOf mM U I W G 10 7 ^ >p� 10630# ono 1051 0100 o 007E N 89-35-22 E w8r 191160# cnw 135 1 N 8 9-35-22 F, 'rcw 6.T5 --.6 G3134.]0 4.39 AC 1.99 AC 9138 9 9859# R' 6 90 0096 9B9 <301 302> 0350 N B9-35-53 E q^ m g 008 309.B55 P • m G g _ 160 25 25 g 166.77 N IB9- 30 i N 89-17-47 W 192.83 3L6.39 (LLA.) N i A A N LSCC.I ry9• q3.A it Im � gg. N d 1 m 1 !N r N LOT 1C N, w i � 6q A6 3r i 3a,A KCSP R 477018 7804190934 36965 SFI N 3� 9240 ^dtRM y TI_v l 7.73 N g9-1]-94 W SP. 64i .y �ryyQ� n o N'B 9--7 0 N O O N I FND IRON PIPE d MONUMENTED S88'44'361 FOUND 2-1/2" SECTION LINE 30.00' BRASS MONUMENT S.E. 244TH STREET M 99.52' - M 1 58844'36"E - 0 u o cNv LOT 1 No g2— --I�N I FND R/C m TRACT A „�� 'Ig0y1A0g x S88'44'36"E 190.00" LOT 2 O o = 4 J I 1 2 3 w I Z I B 5 LOT 14 N 109TH PL. CIRCLE S.E. I Ld w r M W Ld W o LOT 13 co v; Fis z 19 20 a Lu = w 7 I `� W cd o FND R/C 2.1'WEST I o, a' N a 21 22 v 8 LOT 12 I I = P = � G O� FND R/C 2.O-WEST O R 23 24 -� 9 — 25' 25' 0- FND R/C 30' 3D c 10 Lo7 11 I 25 26 27 r Poq�,o n LOT 10 108TH PL. CIRCLE S.E. tR/C 12 - - - - - - 17 16 15 14 LO7 9 FN3 1 FND R/C W 1� S88'44b4"E 319.68' - S. UNE, NW1/4, SW1/4, NE1/4 OF SECTION AT CORNER z - i LOT 4 UNPLAT7 LOT 3E0 w zz wo U U pW W N I W 0 Decisions development in the public interest through compliance with the Land Use goals and policies of the City's Comprehensive Plan. The proposed subdivision street improvements, sidewalk improvements, and mitigation fees would provide for public safety and mitigate the traffic impacts of the development. Applicant would pay a fee in lieu of providing open space and neighborhood tot lots, and would mitigate the proposed subdivision's impacts on parks and recreation, Applicant would mitigate the development's impact on schools by payment of impact fees at the time of construction permit issuance. Applicant would treat and detain stormwater runoff on site via an on-site stormwater detention pond and conveyance system complying with City standards, Applicant would make ---- appropriate provision for sidewalk connectivity between the proposed subdivision and adjacent subdivisions, public access routes and area schools. Students may access George Daniel Elementary School via the planned subdivision connection to the sidewalk system serving the School. Students may also reach area schools via public transit. A METRO bus stop is located less than one-third of a mile away from the proposed subdivision, which school-age students may reach via improved sidewalks along 108th Avenue SE and SE 24e Street. Water, sanitary sewer, power, natural gas and garbage service would be extended to each of the lots. The physical characteristics of the site have been considered, and such characteristics would not prevent proposed development of the site. Findings 1-13. 2. Based on the above conclusions, the requirements of RCW 58.17.110 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for approval of a preliminary plat to subdivide approximately 4.1 acres into 27 single family residential lots and one stormwater tract is GRANTED, subject to the following conditions8: A. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner / Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *,DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is not permitted. The State Plane Coordinates shall be on the NAD 83/91 datum and must relate to at least two City of Kent reference points within one half mile of s Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts of this development. Findingss. Conclusions and Decision Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 KIVA#2061209 Page 9 of 17 the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with field notes sufficient to verify the required precision. 3. The owner / Subdivider shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following:_ a. A public gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A public water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. Existing wells — if any - shall be decommissioned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet the minimum requirements of the Cily of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a Findings, Conclusions and Decislon Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-I KIUA#2061209 Page 10 of 17 , technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included in the engineering plans, The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan. (3) The retentlorf/ detention and release standard that will be met by the subdivision is Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site Improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention / detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific Information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be diverted to a Roof Downspout Infiltration System meeting the requirements of section 5.4.5, Infiltration Trenches, of the 1995 Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDMSION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. Findings, Conclusions and Dedwon Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 KNA#2061209 Page 11 of 17 (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent - review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works, See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans, Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, detention ponds, stormwater treatment facilities, and a retention P , building footpad for every lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker and wi der in conformance to standard drafting practice. Findings, Conclusions and Decision Hearing Examiner for the city of Kent Singh Preliminary Plat #SU-2006.1 KIVA#2061209 Page 12 of 17 e. Interim Street Improvement Plans for Southeast 244th Street, These Interim Street Improvement Plans shall meet the requirements of the C_yt of Kent Construction Standards, and City of Kent Development Assistance Brochures #6 2, Private and Public Street Improvements, and # 6-8, Streetlmprovement Plans, for a street designated as a Residential Collector Street within the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the south side of the street. (2) A minimum of 18-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the south side of the street, plus at least 12-feet of HMA pavement as measured from the centerline of the right-of- way to the edge of the traveled lane on the north side of the street, plus a minimum of 4-foot HMA pavement shoulder on the north side of the street to meet ADA standards for this interim street improvement. The entire HMA pavement width specified c lif e e as determined above shall be provided with a 20 year service if identified in the City by the process tY of Kent Development Assistance Brochure 96-2, Private and Public Street Requirements. (3) A street lighting system designed to the City's standards, constructed and maintained by the Intol-ight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. f. Street Improvement Plans for 108th Avenue Southeast, the new public Residential Street connected to Southeast 244th Street and connecting to the new public residential street loop into the subdivision. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Findings, Conclusions and Decision Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 IaYA#2061209 Page 13 of 17 Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb & gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along the east side of the street, (2) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, as measured from face of vertical curb constructed along the east side of the street to the edge of pavement on the west side of the street. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Curb return radii of 30-feet at the intersection of the Residential Street and Southeast 244t'Street. (6) Provisions shall be made to extend a 5-foot wide cement concrete sidewalk along the western side of the subdivision to the south boundary of the subdivision in order to provide for neighborhood pedestrian connectivity to the abutting City Park. (7) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. g. Street Improvement Plans for the new public Residential Street loop through the subdivision from 108`" Avenue Southeast. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6 2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: Findings, Conclusions and Decision Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 KNA#2061209 Page 14 of 17 (i) Combined vertical curbs & gutters, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then 5-foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 28-feet of asphalt pavement, measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all electrical and maintenance bills shall be paid for by a Home Owner's Association. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) Inside curb return radii of 30-feet at the intersection of this new residential street with 108t' Avenue Southeast, and with a 60-foot outside curb return radii for the two ell intersections contained within the subdivision. (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. (7) The street right-of-way for this street shall consist of 30 feet for the pavement and the combined curb and gutters section of the public street. The planter strips and sidewalks may be placed in 10-foot wide easements on either side of the street. h. Street Improvement Plans for the new Private Residential Streets created to provide access to Lots 4 & 5, and to Lots 12 & 13 connected to new residential looped street. The Street Improvement Plans for these streets shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street at least 16-feet wide. Initial guidance for these street improvements is given below: (1) Private streets serving between two and three lots, where parking will not be permitted along either side of the street: A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement, measured from edge Findings, Conclusions and Decision Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 KIIVA#2061209 Page 15 of 17 of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where the Fire Marshal requires additional pavement width for emergency vehicle access for private streets longer than 150-feet. (2) An approved cul-de-sac bulb, or turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) Both private streets will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(c). The minimum design inside radii for the driveway approaches serving all private streets shall be 30-feet. (5) All private streets will conform to the minimum horizontal and vertical alignment and safe stropping sight distances requirements for a public Residential Street. (6) Fire Lanes - if any - will be marked as directed by the Fire Marshal. (7) The private streets, including sidewalks (if any) must be centered within a private roadway tract or easement that is at least 1-foot wider than the total width of the private street and walkway combination. L Street Lighting Plans for Southeast 244th Street 10e Avenue Southeast and the new public residential street meeting the requirements of the Ch of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-1, Street Lighting Requirements. 4. The Owner / Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their obligation to pay for the energy and maintenance required for the street lighting system installed in their development. Those sections of the required document written to govern that association as they relate to any IntoUght Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 5. The face of the final plat will clearly identify all private streets, and which lots will be served by those private streets. The face of the final plat will also specify that Findings, Conclusions and Decision Hearing Examiner for the City of Kent Singh Prellminary Plat #SLl-2006-1 KIVA#2061209 Page 16 of 17 the maintenance of all private streets is the sole responsibility of the property owners who are served by those private streets. 6. The Owner/ Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. It will be the developer's responsibility to re-connect subdivision utilities including water, telephone and cable. Sewer will be provided as a stub-out, but not connected by the developer. 7. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E 1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 8. Break-away mailbox clusters shall be installed at locations and per standards approved by the U.S. Post Master and the City of Kent Public Works Department. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION THE OWNER / SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required in Section B, above, and pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Facilities as deemed appropriate by the Department of Public Works. DATED this 30th day of August 2006. �u THEODORE PAUL HUNTER Hearing Examiner S:\Permit\Plan\LONGPLATS\2006\2061209-2006-iFINDINGS.doc Findings, Conclusions and Decision Hearing Examiner for the City of Kent Singh Preliminary Plat #SU-2006-1 KIVA#2061209 Page 17 of17 KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: April 17, 2011 SUBJECT: Economic Development Plan Phase II Contract — Authorize MOTION: Authorize the Mayor to sign the consultant services agreement with Community Attributes International for the Economic Development Strategic Plan Phase II, in an amount not to exceed $49,000, subject to final terms and conditions acceptable to the City Attorney and the Economic & Community Development Director. SUMMARY: This plan is Phase II of Kent's Economic Development Strategic Plan. It is the continuation of the work already completed in Phase I. The work in Phase II is essential as we map out and plan the economic growth and development of Kent for the next ten years. When the city commissioned this project, the goals were to learn more from the business community about why key businesses chose Kent to operate and what challenges and opportunities they face. We also wanted to learn what Kent's competitive advantages and disadvantages are and how these shape our strategies for continued business development, business recruitment, and business creation. With Phase II we will be building on what we have already learned as well as engaging additional participation from the business community and yield a detailed implementation plan. The approach will engage stakeholders as well as City Staff, City Council, and the ECD Committee as we rank clusters and themes for the strategy so the subcommittees can develop detailed action plans. This effort will more specifically define subsectors present in Kent that have potential for growth. Finally, development of an Implementation Plan will add the detail necessary for the City and stakeholders to commit to specific actions items and resources. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: Yes KENT w« Iron CONSULTANT SERVICES AGREEMENT between the City of Kent and Community Attributes International (CAI) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Community Attributes International (CAI) organized under the laws of the State of WA, located and doing business at 1402 Third Ave #930, Seattle, WA 98101, (206) 523-6683 (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: Phase II of the Economic Development Strategic Plan Work Program; Task 1 Strategic Clusters Analysis Task 2 Council & ECD Committee Engagement Task 3 Business Forums Task 4 Facilitate Subcommittee Work Task 5 Develop Implementation Plan and Final Report Attached and described 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 by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $49,000, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Mefford, President Kurt Hanson, Economic Development Manager Community Attributes International (CAI) City of Kent 1402 Third Ave #930 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 523-6683 (telephone) (253) 856-5706 (telephone) (866) 726-5717 (facsimile) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect out filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A ;�' City of Kent Economic Development Plan Phase 2 Scope of Work March 27, 2012 BACKGROUND AND PURPOSE The City of Kent continues efforts to update its citywide Economic Development Plan. Work on the project in 2011 included a compilation of economic analyses, stakeholder engagement and a highly successful business forum, from which participants departed with enthusiasm to continue toward a complete Economic Development Plan. A Phase 2 of this effort will build on the goals and priorities for economic development identified to date. This second phase of work will engage additional participation from the business community and yield a detailed implementation plan. The following sections describe a proposed approach to this work, as well as a detailed work program for execution. APPROACH Phase 2 will consist of extensive stakeholder engagement, prioritizing economic clusters and developing action plans. The work will proceed concurrently, with the stakeholder meetings and forums scheduled for iterative improvements to draft strategies. Stakeholder engagement will include working with City staff, City Council; the Economic and Community Development Committee; and business and community leaders. The Council will be engaged via one on one interviews and we will work with the Economic and Community Development Committee through their regular meetings, or special sessions, if desired. Engaging the Council and the ECD will ensure support for the conceptual priorities prior to enlisting the business community in committee level work. Our work on cluster strategies will engage business and community leaders through telephone and in- person interviews. All will come together at two workshops to vet a draft strategy and launch implementation of the plan. Phase 2 will rank clusters and themes for the strategy and for subcommittees to develop detailed action plans. Growing industries and companies were identified City of Kent Marcb 27, 2012 Page 9 of 6 Pbase 2 Economic Development Strategy as a strategic theme at the outset of Phase 1 and reiterated through Phase 1 stakeholder interviews. This effort will more specifically define subsectors present in Kent and that have potential for growth. Impacts on employment and economic growth will be assessed. Depending on interest, subcommittees may include: Industry Cluster Development, Education and Talent Pipeline, Marketing Strategy, Business Assistance, Downtown Destination, and Neighborhood Business Districts. Finally, development of an Implementation Plan will add the detail necessary for the City and stakeholders to commit to specific action items and resources. Community Attributes summarized the top priorities under each of six goals in the first phase of the Economic Development Plan. The Plan identifies what is important, but this task will describe how it will be achieved by identifying specific subtasks necessary to achieve each goal. An optional Measurement, Learning and Evaluation plan would further ensure successful engagement of the plan. The following section presents a detailed work plan to execute Phase 2 of plan development. The subsequent section presents a summary of the associated budget and schedule. WORK PROGRAM Task 1 . Strategic Clusters Analysis • Work with staff to develop a working draft list of target clusters keeping in mind the City's desire to diversify the economy and to support smaller clusters such as Downtown's professional services cluster. • Mine Phase 1 interview notes from relevant company leaders in Kent to identify emerging clusters. • Produce analytic summaries of custom subsectors to include number of firms, number of employees, occupational classes of employees, revenues, and wages by occupation, industry, and company type. • Develop a comprehensive inventory of anchor employers and emerging companies. The inventory will include descriptive data, contact information and site characteristics. • Create a cluster industry workforce assessment drawing from regional and national sources to develop demographic and household profiles of dominant employee classes. Deliverables: Exhibits, charts and profile; Inventory of companies Meetings: Two (Team Meetings with staff in May,June, pending early May start time) Budget: $11,100 Schedule: Weeks 1 through 8 City of Kent Marcb 27, 2012 Page 2 of 6 Pbase 2 Economic Development Strategy Task 2. Council and ECD Committee Engagement • Interview Council members to learn concerns and priorities. • Summarize Council interviews. • Organize and facilitate two work sessions with ECDC or the full Council. • Provide notes from each workshop and incorporate into plan development. Deliverables: Workshop agendas (2); Workshop notes (2); Meeting notes from Council interviews Meetings: Two workshops Budget: $6,500 Schedule: Weeks 1-6 and Week 15 Task 3. Business Forums • Plan and lead two Business Forums (Forums 2 and 3, following Forum 1 which was held in 2011). • Forum 2 will kick-off subcommittee work; Forum 3 will review the draft plan and solicit feedback for final draft of plan. • Produce minutes from the forums. Deliverables: Meeting materials Meetings: Two (the forums) Budget: $4,800 Schedule: Weeks 8 and 18 Task 4. Facilitate Subcommittee Work • Develop rosters for and solicit participation in business leader stakeholder group (with support from City staff and industry leaders). • Organize subcommittees to develop specific action items for each priority, designate a lead party to execute the item, identify necessary resources and confirm support among affected stakeholders. • Organize and provide meeting facilitation for up to four (4) subcommittee meetings. Additional meetings will proceed without CAI (for budget management purposes). Deliverables: Subcommittee invitation; Meeting agendas and notes for each subcommittee meeting (up to 4); Meetings: Up to four (4) subcommittee meetings Budget: $8,300 Schedule: Weeks 8 through 14 City of Kent Marcb 27, 2012 Page 3 of 6 Pbase 2 Economic Development Strategy Task 5. Develop Implementation Plan and Final Report • Work with City staff to turn subcommittee work and cluster analysis into strategies and actions. • Incorporate results into Economic Development Plan including action agenda matrix specifying timeline, resources and roles. • Working closely with City staff in affected departments, review existing projects, programs and initiatives and make recommendations for alignment with economic development priorities. • Review capital improvement planning and all existing economic development programs and ensure alignment with new priorities. • Present findings to stakeholders and City Council. Deliverables: Presentation materials; Photos, inventory, maps; Enhanced Implementation Plan; Meetings: Four, Three meetings plus final presentation Budget: $18,200 Schedule: Weeks 9 through 23 SCHEDULE AND BUDGET Exhibit 1 presents our allocation of a total project budget of$49,000, including a breakout of level of effort by task. We will be happy to work with the City on adjusting the scope to match a budget that meets the City's needs. In some cases, eliminating one task (such as Task 1 or Task 4) could increase slightly the cost of other tasks (prep for forums or supplementing the report with content, for example). Exhibit 1. Scope Budget by Task Total Hours Costs Task 1. Strategic Cluster Assessment 96 $11,100 Task 2. Council and ECD Engagement 52 $6,500 Task 3. Business Forums 40 $4,800 Task 4. Subcommittee Meetings 76 $8,300 Task S. Implementation Plan and Final Report 152 $18,200 Total Labor 416 $49,000 Exhibit 2 on the following page presents a detailed schedule for the above scope of work. The schedule is tentative and a working draft in nature, and presents a City of Kent Marcb 27, 2012 Page 4 of 6 Pbase 2 Economic Development Strategy schedule to have a plan completed by early October 2012, based on a start date in early May 2012. Stakeholder schedules may affect final delivery dates. City of Kent Marcb 27, 2012 Page 5 of 6 Pbase 2 Economic Development Strategy J PCB . m h91'..�25 w � h " a � vv 4J a E ++ 3 ar C 4a E r (/ '" c `v. O n A O O a a t ro a` N CN � a 44 Y N eo !V vai t+ Gp w�- yew w ro r% r- u G//' 0 W E w Y w E E h tg W 4� ti m a ° w a m rc mx p w} en a � H A u bb ~ c c m ^ q cu 1� nwi w GO aCN W ro � EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ATEHMMIDD ACC> CERTIFICATE OF LIABILITYINSURANCE D03128/2012) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Juliann Kobs NAME: 2707 NE 125th St suite 101 iee�"E 2Ds 3s - D AIc Na:zas 3sz-s275 O Seattle, WA 98125 Eoo lEss,Juliann.Kobs. 7hc stalefarm.com �i. INSURER S)AFFOftOING COVERAGE NAIC# INSURER A:State Fan Fire and Casualty Company 25140 INSURED Community Attributes Inc INSURER B:State Farm Mutual Automobile Insurance Company 25178 1402 3rd Ave Suite 930 INSURERC: Seattle, WA 98101 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ANAR me DDL SUER POLICY NUMBER MMIDpYIYYYV MMIOOYM YPV LIMITS L R A GENERAL LIABILITY ❑❑ EACH OCCURRENCE $ 1,DDD,OOD COMMERCIAL GENERAL LIABILITY 98-BJ-G528-1F 06/2912011 06129/2012 PREMISES Ea occurrence $___ CLAIMS-MADE ❑OCCUR MED UP(Any one person) S PERSONAL 4 ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ X POLICY PEO LOC $ ❑❑ COMBINED BINGLE LIMIT B AUTOMOBILE LIABILITY Ea acckenl $ 1,000,000 ANYAUTD 048.2405.818-47J BODILY INJURY(Par person) $ ALLOWNED X SCHEDULED BODILY INJURY(Peracoldon0 $ AUTOS NON-OWNED AUTOS 02I78/2012 09118/2012 PROPERTY DAMAGE X X HIRED AUTOS AUTOS leer eccitlent $ I s UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAS CLAIMS-MADE AGGREGATE -S DED I I RETENTION$ 5 WORKERS COMPENSATION STATU- OTH- AND EMPLOYERS'LIABILITY TWC Y 1 IT ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN ❑ E.L.EACH ACCIDENT $ OFFICEIMEMBER EXCLUDED? --- (Mandatory inFIR) E.L.DISEASE-EA EMPLOYEE S Uyes,descdbeunder E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS W, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attash ACORD 101,Additional Remarks Schedule,if more space is mqulmd) Consultant 2003 Ford Escape CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD H ABOVE POLICIES EXPIRATION DATE T EREOF,, NOTICE WILL OBE O ELLED BEFORE DELIVERED IN THE 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: April 17, 2011 SUBJECT: Mountain View Plat Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Mountain View Plat project, permit 2051182, for 2 gate valves, 2 hydrants, and 773 linear feet of waterline, 4 sanitary sewer manholes, and 709 linear feet of sanitary sewer line, 1486 linear feet of new street, 18 linear feet of frontage improvements, 11 catch basins, and 461 linear feet of storm sewer line. SUMMARY: The Mountain View Plat is located at 23438 94th Avenue South. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT - ENGINEERING DEPARTMENT ATTN: 220— 4TH AVENUE SOUTH KENT W A a H 1 u or o w KENT, WASHINGTON D8032 Project: Mountain Vlew Permit#: KIVA 2nr,r 1B Location: 94th Ave$. 235111 Pl. Parcel #:182205 238 BILL OF SALE CITY OR KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 13th day of July 2011, by and between Quadrant Homes , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WATERMAINS: Together with a total of 2 gate valves at$ 380 each, 2 hydrants at $ 2500 each and/or any other appurtenances thereto. ON FROM To (street,easement, etc.) S.2351h Place 94t1 Ave S 971h Ave S. Including 773 linear feet at$ 85 per LF of 8" (size&type) DI waterline. B. SANITARYSeWERS: Together with a total of_4_manholes at$_5,128_each and/or any other appurtenances thereto. ON PROM IQ (street, easement, etc,) S. 235rh Place 941h Ave S 971h Ave S. Including Z99—linear feet at$ 33 per LF of E (size &type) PVC sewerline. C. N9W STREETS: Bill of Sale Iof5 Together with curbs, gutters, sidewalks, and/or any other appurtenances ON PROM (street, easement,etc.) S. 235th place 94111 Ave S 97th Ave S. Including 1486 linear feet at t 95 per LF of curb nutter. (size&type) curb,gutter,sidewalk and road (Improvement). D. FRONTAGE tMPROWMNTS; Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street,easement,etc.) 940 Ave S Northwest Corner Tract A Southwest Corner Tract A Including 18 linear feet at$66 per LF of curb putter (size &type) sidewalk(improvement). E. STORM SEWERS; Together with a total of Q manholes at $ each or total of Jkcatch basins at$ 16so each, 0 LF of bloflltratlon swale or drainage ditch with a total cost of$ N/A , 0 cubic feet of detention pond storage with a total cost of $ N/A and/or any other appurtenances thereto, ON PROM TO (street, easement, etc.) S. 235th place 941h Ave S 97111 Ave S. Including 461 linear feet at$, 28 per LF of, 12" (size&type) CPP sewerilne. 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 Sale Is given on consideration of the agreement of the Grantee for Itself, Its successors and assigns to Incorporate said utilities In Its utility system and to maintain them as provided In the applicable City Ordinances, The City accepts the Items subject to staff approval and completion of a 2 year maintenance period, BIII of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this day of 120 0.�✓eAu.'4'....3.. c�^w..�� sp."FSv vM" o� ti..{' � d P'6."p"[..v.''✓°...�w�_.. ( W IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this icrLu day of —'20 1, STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this -:)ht" day of bin-t-2,'hJ , 20 t� , before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared - _ C 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 C« day of s'r - /t 20 I f ji ../�..�<'P Notary Public ini and for Se tate of Washington, residing at OTM N': PUBUC 2 My Commission Expires: 1 O e Or BIII of Sale 3of5 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of , 20 , before me, the undersigned A Notary Public In and for the State of Washington, duly commissioned and sworn, personally appeared 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 My Commission Expiresi 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 Bill of Sale 4 of 5 WABHINOTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Safe for Mountain View (aka Elliot Crossing project dated 6/16/2011 , for the same said subdlvision project. Robert H. Stevens the undersigned P.E. or land surveyor Is the person responsible for the preparation of the Bill of Sale and is an employee of Core Design. Inc. , the firm responsible for the preparation of the record drawings. W G Signature d (Engineer stamp required) TONAL BN Bill of Sale 5 of 5 KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: April 17, 2011 SUBJECT: Traffic Code Ordinance — Adopt MOTION: Adopt Ordinance No. , amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code," by making it a misdemeanor for a driver to leave the scene of a collision with a pedestrian or vehicle being propelled by human power prior to exchanging information or summoning aid. SUMMARY: The Revised Code of Washington (RCW 46.52.020) makes it a crime for the driver of a motor vehicle to leave the scene of accident if he or she struck a pedestrian or vehicle being propelled by human power (e.g. a bicycle) prior to exchanging information or summoning aid. Such crime is punishable as a Class "C" Felony. Felonies are filed into the Superior Court and prosecuted by King County. On occasion, King County will not file these cases in Superior Court. As a result, Kent's Police Department cites the cases as an attempted crime, which is a misdemeanor, and files them in the Kent Municipal Court. Cases filed into the Kent Municipal Court are prosecuted by the City's Law Department; however, because these offenses originate as felonies, prosecution in the Kent Municipal Court presents challenges. The Law Department wishes to add this crime to the Kent City Code as a misdemeanor. Adding this crime to the Kent City Code will eliminate the challenges the city would otherwise face with prosecution. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 9.36 of the Kent City Code, entitled "Traffic Code," adding duties of an operator of a motor vehicle in case of an accident with a pedestrian or vehicle propelled by human power. RECITALS A. The Revised Code of Washington (RCW) 46.52.020 states it is a crime for a motor vehicle driver to leave the scene of an accident if he or she struck and injured a pedestrian. Such crime is punishable as a Class "C" Felony. B. The Kent law department criminal division has seen a number of cases involving a motor vehicle vs. a pedestrian that apparently do not meet the filing guidelines for the King County prosecutor's office. C. In the past, the city of Kent's police department cites such felonies as "attempted" in order to file them in a court of limited jurisdiction (e.g. Kent Municipal Court); however, citing this crime as an "attempted" charge creates a circumstance where proving the crime to a jury would be extremely difficult. 1 Amend KCC 9.36 Amend Traffic Code - Ordinance D. The city of Kent wishes to add the duty to stop and determine the physical condition of a pedestrian in the case of an accident with a pedestrian or vehicle propelled by human power to the Kent City Code so that prosecution of the offense is clearly defined for ease of prosecution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - New Section. Section 9.36.075 is added to Chapter 9.36, to read as follows: Sec. 9.36.075. Duty in the case of accident with pedestrian or vehicle propelled by human power. The operator of any motor vehicle involved in an accident with a pedestrian, or with a device propelled by human power operated by any person, or upon which a person is seated, shall do the following: 1. Immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and return to and remain at the scene of such accident until he or she has given his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her operator's license to the pedestrian or person operating the device propelled by human power, or, if they are unconscious or incompetent, provide the same information to another person who he or she reasonably believes is acting on their behalf; or, if the pedestrian or person operating the device propelled by human power is unconscious or incompetent, and there is no one to act on their behalf, shall immediately, or as soon as possible, call 9-1-1 to summon emergency services to the scene. 2 Amend KCC 9.36 Amend Traffic Code - Ordinance 2. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this section be evidence of liability of any motor vehicle operator of such accident. For the purposes of this section, "Pedestrian" means any person who is afoot or who is using a wheelchair, a power wheelchair, an electric personal assistive mobility device, or a means of conveyance propelled by human power. "Motor Vehicle" shall be as defined in RCW 46.04.320. Violation of this section is a gross misdemeanor the maximum penalty of which is three-hundred and sixty-four (364) days in jail and a five- thousand dollar ($5,000) fine. SECTION 2, — 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; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 3 Amend KCC 9.36 Amend Traffic Code - Ordinance SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12012. APPROVED: day of 12012. PUBLISHED: day of 12012. 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\Traffic Code Amend 9.36.docx 4 Amend KCC 9.36 Amend Traffic Code - Ordinance KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: April 17, 2011 SUBJECT: H & M Bay Bill of Sale - Accept MOTION: Accept the Bill of Sale for the H & H Bay Project, permit 2102287, for 61 linear feet of storm sewer line. SUMMARY: The H & M Bay project is located at 7900 South 200th Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT 40 sob ATTN: Mr. Jim Ausburn 220 - 4TH AVENUE SOUTH KENT WASH 1 N G T Q N KENT, WASHINGTON 98032 Project: H&M Bay - Kent Facility ate,,e t s' Permit #: RECC-2102287 v, ,a ' Location: 7900 S. 200"' Street Parcel #: 0122049103 BILL OF SALE CITY OF KENT KING COUNTY, W��ASHINGTON THIS INSTRUMENT made this /b day of VeA 20 12 by and between H&M Bay, Inc. -env mod'o , hereinafter called "Grantors", and City of Kent, a municipal fcorp6ratidn of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1of5 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). D. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of — manholes at $ — each or total of — catch basins at $ — each, — LF of biofiltration swale 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. ON FROM TO (street, easement, etc.) S. 2001h Street At the intersection of 801h Avenue S Including 61 linear feet at $ 40.00 per LF of 12" ductile iron (size &type) storm 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 Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances, The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of a��r�P� 20 . i IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 " elop, STATE OFF ) SS COUNTY O� yyJ�1.4-' _.% ✓ ) On this V 4-4-1 day of AD, 20 before me, the undersigned A Notary ubll'n in a�d for /t e State of duly commissioned and sworn, personally appeared 4 ��rL S G -3� 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. �f GIVEN under my hand and official seal this_� day of �IY � 20 i4_ . No y Pgbhc i and fo he State f residing at My Commission xpires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 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 My 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 Bill of Sale 4 of 5 460 M KENT W A S H I N G T O N ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for H&M Bay — Kent Facility project dated March 36 , 2022, for the same said H&M Bay — Kent Facilltm project. Jamie Schroeder the undersigned P.E.. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of CPH Consultants, LLC , the firm responsible for the preparation of the record drawings. i ScI . I� FED 37 10� > SigIgineer ture (E stamp required) Bill of Sale 5of5 w," Agenda Item: Consent Calendar - 7K TO: City Council DATE: April 17, 2011 SUBJECT: Recreation and Conservation Office Grant Application Resolution - Adopt MOTION: Adopt Resolution No. ___ authorizing a grant application to the Recreation and Conservation Office to fund the acquisition of the Huse Property. SUMMARY: Each year staff pursues funding for park development and/or acquisition of property through the Recreation and Conservation Office (RCO). Staff is requesting authorization to submit the grant applications to the RCO Washington Wildlife and Recreation Program to fund the acquisition of the Huse Property in the Panther Lake Annexation Area. EXHIBITS: Staff Report and Resolution RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 ZPhone: 253-856-5100 .40�� Fax: 253-856-6050 KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 April 12, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Brian Levenhagen, Park Planner THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2012 RCO Grant Applications - Staff Report The following information details the acquisitions project staff will apply to RCO for funding. Huse Farm Property Acquisition — WWRP — Local Parks The City of Kent is requesting funding to be applied towards the acquisition of two parcels of land totaling 33.7 acres next to Soos Creek in the newly annexed Panther Lake Area. The property has already been acquired by the City of Kent, but we are allowed to apply due to a waiver of retroactivity obtained before purchase. This property will be used by the City of Kent to satisfy a number of park and environmental needs in the Panther Lake Annexation Area. This property is adjacent to King County's 7.62 mile Soos Creek Trail and will serve as the main Northern Kent trail head for our residents that use this trail. This will connect the Panther Lake area to the very popular Lake Meridian Park in the South, with the idea that residents could easily jog, bike, or walk between the two parks. Adding this connectivity will have economic, health, and recreational value to the surrounding residents. This property will provide neighborhood park elements to the citizens in the surrounding neighborhood service area that are currently underserved, including a playground, picnic shelter, 1 mile loop trail, parking, a restroom, and a large playfield. The site also boasts a tremendous view of Mt. Rainer and the Soos Creek Valley. The site was identified by King Co. as a high priority for acquisition due to its wildlife habitat, salmon, water quality, and flood storage value to the Soos Creek Ecosystem. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing applications to the Recreation and Conservation Office (RCO) for state funding assistance for a Washington Wildlife and Recreation Program ("WWRP") as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. RECITALS A. The City of Kent has approved a comprehensive plan that includes the properties within the Panther Lake area. B. Under the provisions of the WWRP, state funding assistance has been requested to aid in financing the acquisition of property in the Panther Lake area. C. The City of Kent considers it in the best public interest to complete the acquisitions of properties within the Panther Lake area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Recreation and Conservation Office Grant Application RESOLUTION SECTION 1, - Application. The city's Parks, Recreation, and Community Services director is authorized to make formal application to RCO for funding assistance. SECTION 2, - Use of Funds. Any funding assistance received will be used for the implementation of the project referenced above, which is the acquisition of properties within the Panther Lake area. SECTION 3, - Non-Cash Commitments. The City of Kent acknowledges that it is responsible for supporting all non-cash commitments to the sponsor share should they not materialize. SECTION 4, - Use Retained in Perpetuity. The City of Kent acknowledges that any property acquired or facility developed with Recreation and Conservation Funding Board (RCFB) financial aid must be placed in use for the funded purpose as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Kent and RCFB. SECTION S. -Resolution - Part of Application. This resolution may become part of a formal application to RCO. SECTION 6, - Public Comment. The City of Kent provided appropriate opportunity for public comment heard on April 17, 2012. SECTION 7, - SeverabilitY. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 2 Recreation and Conservation Office Grant Application SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 9, - Corrections by City Clerk 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 10. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of 2012. CONCURRED in by the Mayor of the City of Kent this day of April, 2012. SUZETTE COOKE, MAYOR 3 Recreation and Conservation Office Grant Application 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 April, 2012. BRENDA JACOBER, CITY CLERK P:\Civil\I solution\I creationa ndC nservadonOffic GranWppl is tion.docx 4 Recreation and Conservation Office Grant Application KENT Agenda Item: Other Business - 8A TO: City Council DATE: April 17, 2011 SUBJECT: Initiative and Referendum Powers Ordinance - Adopt MOTION: Move to adopt Ordinance No. , amending Chapter 1.03 of the Kent City Code, entitled "Initiative and Referendum," to be consistent with state law. SUMMARY: The City adopted initiative and referendum powers on June 6, 1989, by Ordinance No. 2848. The City recently received a proposed initiative petition, which caused staff to review the City's existing code provisions relating to the exercise of initiative and referendum rights by citizens. Through this process, it was discovered that state law regarding initiative and referendum powers has changed since the City's adoption of those powers. Staff recommends simplifying and amending the code to be consistent with state law. As amended, the City's initiative and referendum process will remain consistent with state law, including future amendments to state law. EXHIBITS: Ordinance and Memorandum with Exhibits RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 1.03 of the Kent City Code, entitled "Initiative and Referendum," to be consistent with state law. RECITALS A. The city adopted initiative and referendum powers on June 6, 1989, by Ordinance No. 2848. B. State law regarding initiative and referendum powers has changed since the city's adoption of those powers. C. The city is amending the code to be consistent with state law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 1.03 of the Kent City Code entitled "Initiative and Referendum," is amended as follows: 1 Initiative and Referendum Powers Adopted Amend KCC 1.03 Sec.1.03.010 Intent. it Os the Ontent of the Eity EounEil to ad&pt� PUFSuant to RGW Title 35A, the peweFS of initiative and FefeFendung fE)F the the sane eleEtmen Initiative and referendum powers adopted. A. Pursuant to Title 35A RCW, the city council adopts the powers of initiative and referendum for the qualified electors of the city. B. The powers of initiative and referendum shall be exercised in the manner set forth in Title 35A RCW, including, without limitation, Chapters 35A.11 and 35A.29 RCW. _L_._ �_�J__� 1CtCRRQRiiT Any and a" OFdonanEes heFeafteF passed and adopted by the Eity shall not rdO , 2 Initiative and Referendum Powers Adopted Amend KCC 1.03 j i i All .- Eh e . ted eFdo..-...Ees shall g me e ffe Et a .ided by the g -.I by petitions of eleEtOFS of the Eity. if any individual OF gFOUP of individuals m ndividual OF gFOUP shall file On the effiEe of the Eity EleFlE five (5) ffinted OF afterney. Upen filing of the PFOpesed initiative ngeaSUFe, the Eity EleFlE shall assign a 3 Initiative and Referendum Powers Adopted Amend KCC 1.03 question Eentaining the essential featUFes of the ngeaSUFe. CCp. 9 .03.050. T _ i 1Qi1 R. statement. An initiative statement shall be phFased on language so that a "yes" vote will EleaFly be a vote See. 1.03.060. Tirne fer filffig initiative petition. initiative be Ned w0th the Eity EleFlE within ninety (90) days fFeng the date 0 of the Onotmatove state.. ent by the Eity attO.ney if the etiti. neF fails te file suEh petitien within the PFeSEFibed tinge / it shall have ne validity and the petition will not be EensideFed by the Eity EounEil as an nitiative petition. StFeet and nungbeF. The signatffes need not a" be appended to one (1) 4 Initiative and Referendum Powers Adopted Amend KCC 1.03 to e ___ SRC-OVCOrT The feFng and sufficiency ef the petitien shall be as fellews: b.—A cepy ef the eFdonance te be FefeFFed te the eleCteFate. the signeF, and the date ef signing. 1TfT� C Cf� v1T the fe"ewonFl 5 Initiative and Referendum Powers Adopted Amend KCC 1.03 WARNING petitien seeking an eleEtien when he eF she is net a legal YeteF, eF signs a Any peFSen whe signs this petitien with any etheF than his eF heF tFue Signatff2 PHint2d Mess Neng-e to the ..brie. qualified eleEteFS on nungbeF equal te net less than fifteen (15) peFEent ef etheFWmse p.evided by state law. 6 Initiative and Referendum Powers Adopted Amend KCC 1.03 ffen9ptness and shall file a EeFtifiEate stating the date upon whiEh suEh deteffiginatien was begun, whiEh date shall be FefeFFed to as the teffiginal t........:....I date- filed with the E+ty ElerlE PFiaFte suEh to al date. SuEh •..Fitton Fequest _.._.. __ __..._._.._./ ____. .__ the petit._.. as to ...e.te .__.._...___._.. of the peFSen and the petition EeFtain. The nange of any peFSen seeking to See. 1.03.140. Valid signaturesv. ffinga fade valid unto' theiF invalidity has been PFOyed. VaFiatiens on petitions between the signatffes on the petition and that on the YeteF'S peffiganent FegiStFatien Eaused by the substitution of initial See. 4.03.430. . 7 Initiative and Referendum Powers Adopted Amend KCC 1.03 See- 96-03-9640- Stale signatures. Signatffes followed by a date of signing whiEh is ngOFe than SOX (6) ngenths PFOOF tO the date of filing of by the filing of a suffident petition with the Eity EleFlE signed by qualified eleEtOFS on nungbeF equal to not less than ten (10) peFEent of the votes- shall be voted upon at the ne)Et geneFal ngunmEmpal eleEtien Of one is to be- he'd w0thon ene hundFed eighty (189) days fFeng the date ef filing ef the petition, OF at a speEmal eleEtien to be Ealled fOF that PUFpese not less than ninety (90) days nOF ngOFe than one hundFed eighty (180) days afteF the See. 1.03.160. Initiative Cheelting petition by elerle. Within ten (10) days fFeng the teffiginal date of filing of a petition submitting a 8 Initiative and Referendum Powers Adopted Amend KCC 1.03 asEeFtained and append to the petition a EeFtifiEate stating whetheF OF not the Eity aS FeqUiFed by state law, and Of it Eentains a Fequest that, Unless passed by the Eity EounEil, the OFdonanEe be submitted to a vote of the PFOpesed OFdonanEe without alteFatien, to a vote of the people unless a geneFal eleEtien Will eEEUF within ninety (99) days, On whiEh event __._....__._.. ..._.__ be ..._._._ at that geneFa _.___._... petition uFFi.,ent OF iF the Eity Eil efuses eitheF tO pass an initiative the PFOpesed OFdonanEe of the EOUFt fonds the petition to be suffident. 9 Initiative and Referendum Powers Adopted Amend KCC 1.03 See. 96-039690- Same—Genduet of eleetien. Pu"catmer�� ..till.. the ..leEtien the Eanvass of the etUF...- and .1...,1aFatien of the at -. eleEtmen to be published Eh of the daily n the _._ _.. blab_._.. __ __ r__.._..__ _..__ ... _ball _. _.._ __ ./ .._..=���=._ ... _.._ Eity, not less than five (5) nOF ngOFe than twenty (20) days befeFe the _.._r__. __._. .ball . of the PFOpesed OFdonanEe). See. 1.03.220. Sm e Ballet title. When any initiative petitien s found to be suffident by the Eity EleFlE and the PFOpesal OF question is to be .-ubngotte 1 to the . eteFS the question -.I shall be -..IyeFtised _ _ ___....____ __ _.._ ___._ _.._ �____._.. _. r. _r___. shall __ __ . _. blab_ as _.._.. _.__ be r. ...___ on the ball__ _ __.._.__ state..._.._ not _._____...' one M��... Fed (100) . . Fds ., ntaining the essential feats Fes theF of a ed i.. .. ...... .. .._..._.. __ `___� .._. __ __..__......� _.._ baba.._._. .baba. __ _.._. __. ally. baba_ ... .-tale.. ent thy. ..it.. attO.ney the stat.... ent shall - lse _ _____..._. _/ _.._ _ _/ baba. .._/ r�_r�. .`�� _.._ _____..._.._ _.._.. blab pF=pa. _ _ 10 Initiative and Referendum Powers Adopted Amend KCC 1.03 on the ba"et. This Eaptien shall be plaEed on the ballet ingngediately befE)Fe OFdonanEes of the _._y . Upen the adeptien of an OFdonanEe initiated by petition, the Eity EleFlE shall n ,n and it Eannet be Fepealed OF angended e)EEept by a vote of the people. H1CM" l-. petition, by submitting it to a vote of the people at any geneFal eleEtien befOFe the eleEtien theFeen as is an OFdonanEe initiated by petition when 11 Initiative and Referendum Powers Adopted Amend KCC 1.03 See- 96-03-260. Same Ordinanee repeal arm amendment with the Eity EleFlE within thiFty (30) days fFeng the passage of a geneFal the people. See. 1.03.280. Stele - MR. statengent on a petition shall be phFased on the fellewing language: to enaEted -- — — — by the Kent Gity GeunEil on be Fepealed on its entiFety? You sign suEh petition. listed aS FegisteFed YeteFS within the Eity on the date of the last pFeEeding (30) days of the passage of an OFdonanEe petitioning theFein that sUEh 12 Initiative and Referendum Powers Adopted Amend KCC 1.03 an eFdinanEe se pFetested against shall be suspended unto' the FefeFendung See. 1.03.30 8— - Initiative previsions avv'iied--+e n this EhapteF, and to the submission to the vote of the people as set fOFth sought to be defeated theFebY- See. 1.03.3316• Se- e ELL a _ date, if a nqaj0FitY of the nungbeF of votes East theFeen oppose the 0FdinanEe subjeet to the FefeFendung, suE.. =. _..._..-- shall.. be ---...__ :-=p__.__ nqnqediatelY SECTION 2. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its 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; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. 13 Initiative and Referendum Powers Adopted Amend KCC 1.03 SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 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\Initiative&Merendum Amend 1.03.docx 14 Initiative and Referendum Powers Adopted Amend KCC 1.03 LAW DEPARTMENT Tom Brubaker, City Attorney 40 ZPhone: 253-856-5782 .40�� Fax: 253-856-6770 KENT Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 April 12, 2012 TO: Kent City Council Suzette Cooke, Mayor John Hodgson, Chief Administrative Officer FROM: Arthur "Pat" Fitzpatrick, Deputy City Attorney THROUGH: Tom Brubaker, City Attorney SUBJECT: Amendments to Kent's Initiative and Referendum Process Summary On March 28, 2012, an initiative petition was filed with the City Clerk related to the enforcement of marijuana laws in the city of Kent. Twelve years have passed since the last initiative was filed with the City, and during that time, there have been significant changes to the Revised Code of Washington relating to initiative petitions and elections. The Law Department has reviewed the Revised Code of Washington, as well as the initiative petition process set forth in the Kent City Code, and has determined that it would be appropriate to amend the City's code to make it consistent with the Revised Code of Washington. These amendments will be advantageous to those who file initiatives with the City, will clarify the role of various city officials in the process, and will reduce the petitioner's and the City's risk of being drawn into litigation over our initiative petition process. For ease of reference, the City's current code relating to the initiative and referendum process (Chapter 1.03 KCC) is attached, as well as the sections of the Revised Code of Washington relating to initiatives in cities. Differences Between the Initiative Process in Kent and the Process Set Forth in State Law The City adopted the powers of initiative and referendum in 1989. The process is codified in Chapter 1.03 of the Kent City Code. Chapter 1.03 KCC sets forth a process that differs from the process set forth in state law in three main areas which are described below. Initiative and Referendum Memorandum April 17, 2012 Page 2 of 3 Under state law (RCW 35A.11.100), a person proposing an initiative ("petitioner") must obtain signatures on the petition equal to 15% of the total number of registered voters at the last city general election. Only then is the petitioner required to file the petition with the City Clerk. In comparison, Kent City Code 1.03.040 requires that prior to taking any steps to gather signatures on an initiative petition, the petitioner must first file a proposal with the City Clerk who must then distribute the proposal to the City Council and the City Attorney. Thereafter, and within 14 days, the City Attorney is required to formulate an initiative statement in the form of a yes or no question which is to be used by the petitioner in gathering signatures. Thus, only after receiving the initiative statement from the City Attorney may the petitioner begin gathering signatures. This provision in our code causes unnecessary delay to petitioners. In addition, one could argue that the City has no business meddling with initiative language that a petitioner would like to forward to the City Council or voters for consideration. Next, under state law, a petitioner has no deadline to meet in gathering signatures. In comparison, the Kent City Code (KCC 1.03.060) allows the petitioner only 90 days to gather the necessary signatures in support of the initiative petition. If the petitioner fails to meet this 90 day deadline, city code provides that the petition shall have no validity. A petitioner today would need close to 7,500 valid signatures to move an initiative to the City Council and then the voters, a task that may not easily be accomplished in 90 days. Finally, under state law (RCW 35.17.260), if the petitioner is able to gather the required signatures, the clerk is responsible for causing the signatures to be certified as those of validly registered voters, and not duplicative. If that occurs, then the City Council has two options: 1. Pass the proposed ordinance within 20 days; or 2. Certify the ordinance for a vote at either: a. The next general election if it occurs in 90 days; or b. The next special election date as specified in state law (RCW 29A.04.330) Kent's provisions regarding an election for initiatives differ from state laws regulating special elections, and could put the City in a bind. KCC 1.03.170 provides that once the signatures are certified, the Council must either pass the ordinance within 20 days, or certify the ordinance for a vote at either: 1. The next general election if it occurs within 90 days; or 2. A special election not less than 30, but not more than 60, days Initiative and Referendum Memorandum April 17, 2012 Page 3 of 3 The difference in the special elections requirements could prove costly for the City. This is best explained by example. Assume that signatures on a petition were certified on February 8, 2012. Under state law, unless the Council adopted the ordinance within 20 days, the City would be required to have the measure before the voters at the next special election set forth in RCW 29A.04.330. In our example, the election would occur on the fourth Tuesday in April, or April 24, 2012. In contrast, under the Kent City Code which requires that the election occur between 30 and 60 days following the certification of the signatures, Kent would have to have an election no later than April 9, 2012, more than two weeks short of any scheduled special election.' Clearly, Kent's code does not provide the latitude necessary to take advantage of the special election dates set forth in state law. While state law regarding special elections would most likely trump our city code requiring our election to be held on April 24, 2012, the City and petitioners could be drawn into litigation as one could argue that an initiative in Kent is not valid if an election is not held within 60 days as required by Kent's code. Amending the city code to adopt the process set forth in state law will be advantageous to the City and to petitioners. The process will be uniform and more streamlined, election dates, if necessary, will be certain, and there will be no need for the City to draft language on behalf of the petitioners. ' The 60' day following February 8 would be Sunday, April 8. Since the 601h day lands on a Sunday, the election would occur on the next business day, which is Monday, April 9, 2012. Chapter 1.03 INITIATIVE AND REFERENDUM* Page 1 of 10 Chapter 1.03 INITIATIVE AND REFERENDUM* Sections: 1.03.010 Intent, 1.03.020 Ordinances not subject to initiative and referendum. 1.03.030 Initiative petitions. 1.03.040 Initiative procedure by city clerk and city attorney. 1.03.050 Initiative statement. 1.03.060 Time for filing initiative petition. 1.03.070 Initiative petition requirements. 1.03.080 Form of petitions for ordinances referred to the voters. 1.03.090 Process of determining sufficiency. 1.03.100 Withdrawal of signature. 1.03,110 Valid signatures. 1.03.120 Variations of signatures. 1.03.130 Stricken signatures. 1.03.140 Stale signatures. 1,03.150 Restriction on or abandonment of powers. 1.03.160 Initiative— Checking petition by clerk. 1.03.170 Same— City council action. 1.03.180 Same—Appeal to court. 1.03.190 Same— Conduct of election. 1.03.200 Same — Notice of election. 1,03.210 Same — Ballots. 1.03,220 Same— Ballot title. 1.03.230 Effective date— Record. 1.03.240 Same— Ordinance repeal or amendment. 1.03.250 Same— Ordinance repeal or amendment method. 1.03.260 Same— Ordinance repeal or amendment— Record. 1,03.270 Referendum— Petitions. 1.03.280 Same— Petition statement. 1.03.290 Same— Filing petition suspends ordinance. 1,03.300 Same— Initiative provisions applied to referendum process. 1.03,310 Same— Effective date, record. *State law reference(s) —Initiative and referendum, RCW 35A.11.080 et seq.; to be exercised pursuant to RCW 35.17.240 et seq., RCW 35A.11.100. 1.03.010 Intent. It is the intent of the city council to adopt, pursuant to RCW Title 35A, the powers of initiative and referendum for the qualified electors of the city. If an initiative measure is properly presented to the city council, the city council hereby declares its intention to reserve the authority to also submit a different measure dealing with the same subject as the initiative to the qualified electors for approval or rejection at the same election. http://www.codepublishing.com/WA/Kent/html/Kent01/Kent0103.html 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 2 of 10 (Ord. No. 2848, § 1(1.14.010), 6-6-89) 1.03.020 Ordinances not subject to initiative and referendum. Any and all ordinances hereafter passed and adopted by the city shall not go into effect prior to thirty (30) days from the time of final passage and shall be subject to referendum during the interim except the following ordinances: 1. Ordinances initiated by petition; 2. Ordinances necessary for the immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the city council; 3. Ordinances providing for local improvement districts; 4. Ordinances appropriating money; 5. Ordinances providing for or approving collective bargaining; 6. Ordinances providing for the compensation of or working conditions of a city employee; 7. Ordinances authorizing or repealing the levy of taxes; 8. Any ordinance exempted now or hereafter by state law from initiative and referendum processes. All such excepted ordinances shall go into effect as provided by the general law or applicable sections of RCW Title 35A as now or hereafter amended. (Ord. No. 2848, § 1(1.14.020), 6-6-89) State law reference(s) — Similar provisions, RCW 35A.11.090. 1.03.030 Initiative petitions. Ordinances may be initiated by petitions of electors of the city. If any individual or group of individuals desire to petition the city council to enact a proposed measure, the individual or group shall file in the office of the city clerk five (5) printed or typewritten copies of the measure proposed, accompanied by the name, post office and residence address of the proposer. (Ord. No. 2848, § 1(1.14.030), 6-6-89) 1.03.040 Initiative procedure by city clerk and city attorney. Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and transmit one (1) copy of the measure proposed, bearing such number, to the city council, the mayor, and the city attorney. Within fourteen (14) days after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to the city clerk, the city council, the mayor and the individual or group http://www.codepublishing.com/WA/Kent/html/Kent01/Kent0103.html 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 3 of 10 proposing such a measure, an initiative statement in the form of a question containing the essential features of the measure. (Ord. No. 2848, § 1(1.14.040), 6-6-89) State law reference(s) — Prepa"ration by city attorney, RCW 29,27.060. 1.03.050 Initiative statement. An initiative statement shall be phrased in language so that a "yes" vote will clearly be a vote in favor of the action or condition that would result from the approval of the measure, and a "no" vote will clearly be a vote in opposition to such action or condition. The statement may be distinct from the petitioner's title of the measure and shall express and give a true and impartial statement of the purpose of the measure. It shall not be intentionally an argument, nor likely to create prejudice, either for or against the measure. (Ord. No. 2848, § 1(1.14.050), 6-6-89) State law reference(s)— Requirements, RCW 29.27,06. 1.03.060 Time for filing initiative petition. Initiative petitions containing the required signatures of the registered voters of the city as provided in RCW 35A.11,100, now or as hereinafter amended, must be filed with the city clerk within ninety (90) days from the date of issuance of the initiative statement by the city attorney. If the petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition will not be considered by the city council as an initiative petition. (Ord. No. 2848, § 1(1.14.060), 6-6-89) State law reference(s) —Time for filing petition, RCW 35A.29.170. 1.03.070 Initiative petition requirements. Every signer to a petition submitting a proposed ordinance to the city council shall add to his signature, the signer's printed name and place of residence giving street and number. The signatures need not all be appended to one (1) paper, but one (1) of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as he believes. (Ord. No. 2848, § 1(1.14.070), 6-6-89) State law reference(s) — Similar provision, RCW 35.17.260, 1.03.080 Form of petitions for ordinances referred to the voters. The form and sufficiency of the petition shall be as follows: 1. A petition may include any page or group of pages containing a statement prepared by the city attorney along with the initiative number and shall contain the following essential elements when applicable: http://www.codepublishing.com/WA/Kent/html/Kent01/Kent0103.html 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 4 of 10 a. The text or prayer of the petition shall be a concise statement of the action or relief sought by petitioners. b. A copy of the ordinance to be referred to the electorate. c. Numbered lines for signatures with space provided beside each signature for the printed name of the signor, the address of the signor, and the date of signing. d. The warning statement prescribed in subsection (2) of this section. 2. Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning: WARNING Any person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 3. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signor, the date of the signing, and the address of the signor as follows: Petitioner's Petitioner's Residence Printed Signature Name Address 4. The term "signor" means any person who signs his own name to the petition. 5. To be sufficient a petition must contain valid signatures of qualified electors in number equal to not less than fifteen (15) percent of the names of persons listed as registered voters within the city on the day of the last preceding city general election or the number that may be otherwise provided by state law. (Ord. No. 2848, § 1(1.14.080), 6-6-89) State law reference(s)— Number, RCW 29.79.020, 35.17.340; procedure, RCW http://www.codepubiishinq.com/WA/Kent/htmI/KentO1/KentO103.htm1 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 5 of 10 i 35,17.280, 35A.01_,040. 1.03.090 Process of determining sufficiency. Within three (3) working days after the filing of a petition, the city clerk shall begin the process of making a determination of sufficiency with reasonable promptness and shall file a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one (1) or more signatures. may be added to the petition by filing the additional pages with the city clerk prior to such terminal date. No signatures shall be accepted or withdrawn after such terminal date. (Ord. No. 2848, § 1(1.14.090), 6-6-89) State law reference(s)— Similar provisions, RCW 35..17.280. 1.03.100 Withdrawal of signature. Any signor of a filed petition may withdraw his signature by a written request for withdrawal filed with the city clerk prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (Ord. No. 2848, § 1(1.14.100), 6-6-89) 1.03.110 Valid signatures. Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved. (Ord. No. 2848, § 1(1.14.110), 6-6-89) 1.03.120 Variations of signatures. Variations on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. (Ord. No. 2848, § 1(1.14.120), 6-6-89) 1.03.130 Stricken signatures. Signatures, including the original, of any person who has signed a petition two (2) or i more times shall be stricken. (Ord. No. 2848, § 1(1.14.130), 6-6-89) 1.03.140 Stale signatures. Signatures followed by a date of signing which is more than six (6) months prior to the date of filing of the petition or prior to the publication date of the ordinance from which this chapter derives shall be stricken. http://www,codepublishing.com/WA/Kent/html/Kent01/Kent0103.htmi 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 6 of 10 (Ord. No. 2848, § 1(1.14.140), 6-6-89) 1.03.150 Restriction on or abandonment of powers. A. The exercise of such initiative and referendum powers may be restricted or abandoned upon passage of a resolution by the city council or by the filing of a sufficient petition with the city clerk signed by qualified electors in number equal to not less than ten (10) percent of the votes cast at the last general municipal election or as otherwise provided by state law. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency. B. The proposal for restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at the next general municipal election if one is to be held within one hundred eighty (180) days from the date of filing of the petition, or at a special election to be called for that purpose not less than ninety (90) days nor more than one hundred eighty(180) days after the passage of the resolution or the certification of sufficiency of the petition. The ballot title and statement of proposition shall be prepared by the city attorney as provided for initiative ballots in this chapter. C. If a majority of votes cast at the election favor restriction or abandonment, such powers of initiative or referendum shall be deemed so restricted or abandoned. (Ord. No. 2848, § 1(1.14.310, 1.14.320), 6-6-89) State law reference(s) — Procedure required for abandonment, RCW 35A.06.030 et seq., 35A.11.080. 1.03.160 Initiative— Checking petition by clerk. Within ten (10) days from the terminal date of filing of a petition submitting a proposed ordinance, the city clerk shall ascertain or cause to be ascertained and append to the petition a certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for sources of information. (Ord. No. 2848, § 1(1.14.150), 6-6-89) State law reference(s)— Similar provisions, RCW 35_17 280. 1.03.170 Same— City council action. If the petition accompanying the proposed ordinance is signed by the registered voters in the city as required by state law, and if it contains a request that, unless passed by the city council, the ordinance be submitted to a vote of the people, the city council shall either: 1. Pass the proposed ordinance without alteration within twenty (20) days after the city clerk's certificate that the number of signatures on the petition are sufficient; or 2. After the city clerk's certificate of sufficiency is attached to the petition, cause to be called a special election to be held not less than thirty (30) nor more than sixty http://www.codepublishing.com/WA/Kent/html/KentOl/KentOlO3.htm] 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 7 of 10 (60) days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within ninety (90) days, in which event submission must be made at that general election. (Ord. No. 2848, § 1(1.14.160), 6-6-89) State law reference(s) — Similar provisions, RCW 35.17.260. 1.03.180 Same—Appeal to court. If a court finds the petition insufficient or if the city council refuses either to pass an initiative ordinance or order an election thereon, any taxpayer within the city may commence an action in the superior court against the city for the purpose of requiring an election to be held in the city for purposes of voting upon the proposed ordinance if the court finds the petition to be sufficient. (Ord. No. 2848, § 1(1.14.170), 6-6-89) State law reference(s)— Similar provision, RCW 35.17.290. 1.03.190 Same—Conduct of election. Publication of notice, the election, the canvass of the returns and declaration of the results, shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one (1) special election for that purpose during any six (6) month period. (Ord. No. 2848, § 1(1.14.180), 6-6-89) State law reference(s)— Similar provision, RCW 35.17.300. 1.03.200 Same— Notice of election. The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city, not less than five (5) nor more than twenty (20) days before the election. This publication shall be in addition to the notice required in Chapter 29.27 RCW. (Ord. No. 2848, § 1(1.14.190), 6-6-89) State law reference(s)— Similar provision, RCW 3517,310. 1.03.210 Same— Ballots. The ballots used for voting upon a proposed ordinance shall be similar to those used at a general municipal election and shall contain the words "for the ordinance" (stating the nature of the proposed ordinance) and "against the ordinance' (stating the nature of the proposed ordinance). (Ord. No. 2848, § 1(1.14.200), 6-6-89) State law reference(s) — Similar provision, RCW 35:17320. 1.03.220 Same— Ballot title. When any initiative petition is found to be sufficient by the city clerk and the proposal or I http://www.codepublishing.com/WA/Kent/htmI/KentO1/KentO103.htm1 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 8 of 10 question is to be submitted to the voters the question or proposal shall be advertised as provided for nominees for office for code cities, and in such cases there shall also be printed on the ballot a concise statement not exceeding one hundred (100) words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon, which statement shall be prepared by the city attorney. In addition to such a statement, the city attorney preparing the statement shall also prepare a caption, not to exceed ten (10)words in length, to permit the voters readily to identify the proposition and distinguish it from other propositions on the ballot. This caption shall be placed on the ballot immediately before the statement, and shall be printed in heavy black type in such a manner as to be readable at a glance. The caption and statement together shall constitute the ballot title. (Ord. No. 2848, § 1(1.14.210), 6-6-89) 1.03.230 Effective date— Record. If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city. (Ord. No. 2848, § 1(1.14.220), 6-6-89) State law reference(s) — Similar provision, RCW 35.17.330. 1.03.240 Same — Ordinance repeal or amendment. Upon the adoption of an ordinance initiated by petition, the city clerk shall write in the margin of the record thereof"ordinance by petition No. ," or"ordinance by vote of the people," and it cannot be repealed or amended except by a vote of the people. (Ord. No. 2848, § 1(1.14.230), 6-6-89) State law reference(s)— Similar provision, RCW 35.17.340. 1.03.260 Same —Ordinance repeal or amendment method. A. The city council may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance initiated by petition, by submitting it to a vote of the people at any general election and if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly. B. A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election. (Ord. No. 2848, § 1(1.14.240), 6-6-89) State law reference(s)— Similar provision, RCW 35.17.350. 1.03.260 Same —Ordinance repeal or amendment— Record. Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance "repealed (or amended) by ordinance No. ," or "repealed (or amended) by vote of the people." http://www.codepublishing.com/WA/Kent/html/Kent01/Kent0103.htmi 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 9 of 10 (Ord. No. 2848, § 1(1.14.250), 6-6-89) State law reference(s) — Similar provision, RCW 35.17.360. 1.03.270 Referendum — Petitions. A petition may be filed with the city clerk within thirty (30) days from the passage of a general ordinance by the city council, petitioning the city council to reconsider an ordinance which is subject to referendum or to submit same to a vote of the people. (Ord. No. 2848, § 1(1.14.260), 6-6-89) State law reference(s) — Similar provision, RCW 35.17,230. 1.03.280 Same— Petition statement. A referendum statement on a petition shall be phrased in the following language: "Should Kent City Ordinance No. relating to , enacted by the Kent City Council on be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety." A copy of the ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. (Ord. No. 2848, § 1(1.14.270), 6-6-89) 1.03.290 Same— Filing petition suspends ordinance. Upon the filing of a referendum petition, which must contain valid signatures of fifteen (15) percent of the total number of names of persons listed as registered voters within the city on the date of the last preceding city general election or as otherwise provided by state law, within thirty (30) days of the passage of an ordinance petitioning therein that such ordinance be submitted to the electorate, the city council shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election. (Ord. No. 2848, § 1(1.14.280), 6-6-89) State law reference(s) — Similar provision, RCW 35.17 240.. 1.03.300 Same—Initiative provisions applied to referendum process. All provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth in this chapter, and to the submission to the vote of the people as set forth in this chapter, shall apply to a referendum petition and to the ordinances sought to be defeated thereby. (Ord. No. 2848, § 1(1.14.290), 6-6-89) State law reference(s)— Similar provision, RCW 35.11.250. http://www.codepublishing.com/WA/Kent/html/Kent01/KentOI03.html 4/12/2012 Chapter 1.03 INITIATIVE AND REFERENDUM* Page 10 of 10 1.03.310 Same— Effective date, record. If a majority of the number of votes cast thereon oppose the ordinance subject to the referendum, such ordinance shall be deemed repealed immediately. (Ord. No. 2848, § 1(1.14.300), 6-6-89) This page of the Kent Municipal Code is current through City Website: http://www.cl.kent.wa.us/ Ordinance 4031, passed March 6, 2012. City Telephone: (253) 856-5725 Disclaimer: The City Clerk's Office has the official version of the Code Publishing Company Kent Municipal Code. Users should contact the City Clerk's Office elibrary for ordinances passed subsequent to the ordinance cited above. http://www.codepublishing.com/WA/Kent/html/KentOl/KentOlO3.html 4/12/2012 RCW 35A.11.100: Initiative and referendum — Exercise of powers. Page 1 of 1 RCW 35A.11.100 - Initiative and referendum—Exercise of powers. Except as provided in RCW 35A.11.090,and except that the number of registered voters needed to sign a petition for initiative or referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election,the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 through 35.17.360, as now or hereafter amended. [1973 1st ex.s.c 81 §3.] Notes: Sufficiency of petition in code city: RCW 35A.01.040. http://apps.leg.wa.gov/RCW/default.aspx?cite=35A.11.100 4/12/2012 35.17.240 Legislative — Referendum — Filing suspends ordinance. Upon the filing of a referendum petition praying therefor,the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people.The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election. [1965 c 7§35,17.240.Prior:1911 c 116§22,part;RRS§9111.part.] M ::,.... . . .. , ,....... .............. ....:....,.... ...... ..,.._a,....... .. .. _.:.. ._..... 35.17.250 Legislative — Referendum — Petitions and conduct of elections. Ail provisions applicable to the character,farm, and number of signatures required for an initiative petition,to the examination and certification thereof, and to the submission to the vote of the people of the ordinance proposed thereby, shall apply to a referendum petition and to the ordinance sought to be defeated thereby. [1965 c 7§35.17.250.Prior:1911 c 116§22,part;RRS§9111,part.] 35.17.260 Legislative - Ordinances by initiative petition. Ordinances may be initiated by petition of registered voters of the city filed with the commission. If the petition - accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless passed by the commission,the ordinance be submitted to a vote of the registered voters of the city,the commission shall either: (1)Pass the proposed ordinance without alteration within twenty days after the county auditor's certificate of sufficiency has been received by the commission;or (2) Immediately after the county auditor's certificate of sufficiency for the petition is received, cause to be called a special election to be held on the next election date,as provided in*RCW 29.13.020,that occurs not less than forty-five days thereafter,for submission of the proposed ordinance without alteration,to'a vote of the people unless a general election will occur within ninety days, In which event submission must be made on the general election ballot. [1996 c 286§4; 1965 c 7§35.17.260.Prior:1911 c 116§21,part;RRS§9110,part.] Notes: *Reviser's note: RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1,2004. 35.17.270 Legislative — Initiative petition — Submission procedures. The petitioner preparing an initiative petiton for submission to the commission shall follow the procedures established in. RCW 35.21.005. [1906 c 286§5; 1965 c 7§35.17.270. Prior:(1)1911 c 116§21,part;RRS§9110,part.(ii)1911 c 116§20,part;RRS§9109,part.(iii)1911 c 116§24;RRS§91l3j 35.17.280 Legislative — Initiative petition — Checking by clerk. Within ten days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain and append to the petition his or her certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for his or her sources of information,and the commission shall allow him or her extra help for that purpose, if necessary. If the signatures are found by the clerk to be insufficient the petition may be amended in that respect within ten days from the date of the certificate.Within ten days after submission of the amended petition the clerk shall make an examination thereof and append his or her certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient,the petition shall be returned to the person filing it. [2009 c 549§2018;1965 c 7§35.17,280.Prior:(!)1911 c 116§20,part;RRS§9109,part.(ii)1911 c 116§21,part;RRS§9110,part.] 35.17.290 Legislative — Initiative petition —Appeal to court. If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon,any taxpayer may commence an action in the superior court against the city and procure a decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds.the petition to be sufficient. - [1965 c 7§35,17.290.Prior:(i)1911 c 116§20,part;RRS§9109,part. ti)1911 c 116§21,part;RRS§9110,part.] 35.17 300 Legislative — Initiative — Conduct of election. Publication of notice, the election,the canvass of the returns and declaration of the results,shall be conducted in all respects as are other city elections.Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month period. [1965 c 7§35,17.300.Prior:(i)1911 c 116§20,part;RRS§9109,part.(11)1911 c 116§21,part;RRS§9110,part.] 35.17.310 Legislative — Initiative — Notice of election. The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city not less than five nor more than twenty days before the election,or if no daily newspaper is published in the city, publication shall be made in each of the weekly newspapers published therein.This publication shall be in addition to the notice required in*chapter 29_27 RCW. [1965 c 7§35.17.310.Prior:1911 c 116§21.part;RRS§9110,part.] Notes: *Reviser's note: RCW 29,27.0665,containing ballot title notice requirements, has been recodified as RCW 29A.36.080 pursuant to 2003 c 111 §2401,effective July 1,2004. 35.17.330 Legislative — Initiative — Effective date — Record. If the number of votes cast thereon favor the proposed ordinance,it shall become effective immediately and shall be made a part of the record of ordinances of the city. [1965 c 7§35.17,330.Prior. 1911 c 116§21,part;RRS§9110,part.] 35.17 340 Legislative — Initiative — Repeal or amendment. Upon the adoption of an ordinance initiated by petition,the city clerk shall write on the margin of the record thereof "ordinance by petition No. . . . .,"or"ordinance by vote of the people,"and it cannot be repealed or amended except by a vote of the people. [1965 c 7§35.17.340.Prior:1911 c 116§21,part;RRS§9110,part.] 17.350 Legislative — Initiative — Repeal or amendment— Method. The commission may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance, initiated by petition, by submitting it to a vote of the people at any general election and if a majority of the votes cast upon the proposition favor it,the ordinance shall be repealed or amended accordingly. A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election. [1965 c 7§35.17.350.Prior:1911 c 116§21,part;RRS§9110,part.] 7 360 Legislative — Initiative — Repeal or amendment— Record. Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition,the city clerk shall write upon the margin of the record of the ordinance"repealed (or amended)by ordinance No. . . . .;.or"repealed (or amended)by vote of the people" [1965 c 7§35.17.360.Prior: 1911 c 116§21,part;RRS§9110,part.] RCW 29A.04.330: City, town, and district general and special electio... Page 1 of 4 RCW 29A.04.330 City,town,and district general and special elections—Exceptions(as amended by 2009 c 144). (Effective until January 1, 2012.) (1)All city,town,and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years. This section shall not apply to: (a)Elections for the recall of any elective public officer; (b) Public utility districts,conservation districts,or district elections at which the ownership of property within those districts is a prerequisite to voting,all of which elections shall be held at the times prescribed in the laws specifically applicable thereto; (c)Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW, _(d)Special flood control districts consisting of three or more counties. (2)The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city,town,or district,presented to the auditor prior to the proposed election date, may call a special election in such city, town,or district,and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (((s)))(4)of this section, such a special election shall be held on one of the following dates as decided by the governing body: (a)The first Tuesday after the first Monday in February; (b)The second Tuesday in March; (c)The fourth Tuesday in April; (d)The third Tuesday in May; (a)The day of the primary election as specified by RCW 29A.04.311;or (f)The first Tuesday after the first Monday in November. (3)A resolution calling for a special election on a date set forth in subsection (2)(a)through (d)of this section must be presented to the county auditor at least fifty-two days prior to the election date.A resolution calling for a special election on a date set forth in subsection (2)(e)or(f)of this section must be presented to the county auditor at least eighty-four days prior to the election date. (4) In a presidential election year, if a presidential preference primary is conducted in February, March,April,or May under chapter 29A.56 RCW,the date on which a special election may be called under subsection (2)of this section during the month of that primary is the date of the presidential primary. (5) In addition to subsection (2)(a)through(f)of this section,a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire,flood,earthquake,or other act of God,except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e)and (f)of this section. Such special election shall be conducted and notice thereof given in the manner provided by law. (6)This section shall supersede the provisions of any and all other statutes,whether general or special in nature, having different dates for such city,town, and district elections,the purpose of this section being to establish mandatory dates for holding elections. [2009 c 144§3;2006 c 344§3;2004 c 266§6;2003 c 111 §145;2002 c 43§2; 1994 c 142§2;1992 c 37§2;1990 c 33§562;1989 c 4§10 (Initiative Measure No.99);1986 c 167§6;1980 c 3§2;1975-76 2nd ex.s.c 111§2;1965 c 123§3;1965 e 9§29.13.020. Prior:1963 c 200§1; 1955 c 55§1;1951 c 101 §1;1949 c 161§1;1927 c 182§1;1923 c 53§2;1921 c 61 §2;Rem.Supp.1949§5144.Formerly RCW 29.13.020.] RCW 29A.04.330 City,town,and district general and special elections—Exceptions(as amended by 2009 c 413). (Effective until January 1, 2012.) (1)All city,town,and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years. http://apps.leg.wa.gov/RCW/defauIt.aspx?cite=29A.04.330 4/12/2012 RCW 29A.04.330: City, town, and district general and special electio... Page 2 of 4 This section shall not apply to: (a) Elections for the recall of any elective public officer; (b) Public utility districts, conservation districts,or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto; (c)Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW. (2)The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city,town,or district, presented to the auditor prior to the proposed election date, may call a special election in such city, town,or district, and for the purpose of such special election he or she may combine, unite,or divide precincts. ((Exeept es )) Such a special election shall be held on one of the following dates as decided by the governing body: (a)The((first))second Tuesday((eftef4lte�ley)) in February; (b)((The seeand Tuesday in Mafeh; 1H))The fourth Tuesday in April; (( , —(e)))(c)The day of the primary election as specified by RCW 29A.04.311;or (((f)))(d)The first Tuesday after the first Monday in November. (3)A resolution calling for a special election on a date set forth in subsection(2)(a) and b)of this section must be presented to the county auditor at least(( Nq icve))forty-five days prior to the election date.A resolution calling for a special election on a date set forth in subsection (2)(((e))) (G)c or(((t)))(d)of this section must be presented to the county auditor at least eighty-four days prior to the election date. (4)(( month of that primary is the date of the presidential primary. —(6))) In addition to subsection (2)(a)through Qft) (d)of this section,a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire,flood,earthquake,or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(((e)))(c)and (((f)))(d).of this section. Such special election shall be conducted and notice thereof given in the manner provided by law. (((6))) (5..This section shall supersede the provisions of any and all other statutes,whether general or special in nature, having different dates for such city,town,and district elections,the purpose of this section being to establish mandatory dates for holding elections. [2009 c 413§4;(2009 c 413§3 expired July 1,2011);2006 c 344§3;2004 c 266§6;2003 c 111 §145;2002 c 43§2;1994 c 142§2;1992 c 37§ 2;1990 c 33§562;19B9 c 4§10(Initiative Measure No.99);1986 c 167§6; 1980 c 3§2;1975-76 2nd ex.s.c 111 §2; 1965 c 123§3;1965 c 9§ 29.13.020.Prior.1963 c 200§1;1955 c 55§1; 1951 c 101 §1;1949 c 161§1; 1927 c 182§1;1923 c 53§2;1921 c 61 §2;Rem.Supp.1949§ 5144.Formerly RCW 29,13.020.) Notes: Reviser's note: RCW 29A.04.330 was amended three times during the 2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Effective date --2009 c 413 §§2 and 4: See note following RCW 29A.04.321. Expiration date --2009 c 413 §§ 1 and 3: See note following RCW 29A.04.321. Effective date --2006 c 344§§ 1-16 and 18-40: See note following RCW 29A.04.311. Effective date --2004 c 266: See note following RCW 29A.04.575. http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.04.330 4/12/2012 RCW 29A.04.330: City, town, and district general and special electio... Page 3 of 4 Intent --2002 c 43: "The legislature finds that there are conflicting interpretations as to the intent of the legislature in the enactment of chapter 305, Laws of 1999. The purpose of this act is to make statutory changes that further clarify this intent. It is the intent of the legislature that elections of conservation district supervisors continue to be conducted under procedures in the conservation district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further, it is the intent of the legislature that there be no change made with regard to applicability of the public disclosure act, *chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43 § 1.] *Reviser's note: Provisions in chapter 42.17 RCW relating to public disclosure are recodified in chapter 42.56 RCW by 2005 c 274. Effective date --2002 c 43: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2002]." [2002 c 43 §6.] Effective date --1994 c 142: "This act shall take effect January 1, 1995." [1994 c 142 § 3.] Purpose --Statutory references --Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102. Severability --1986 c 167: See note following RCW 29A.04.049. Severability --1975-76 2nd ex.s. c 111: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-76 2nd ex.s. c 111 § 3.] RCW 29A.04.330 City,town,and district general and special elections—Exceptions. (Effective January 1, 2012.) (1)All city,town,and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years. This section shall not apply to: (a) Elections for the recall of any elective public officer; (b) Public utility districts, conservation districts,or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto; (c)Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW; and (d)Special flood control districts consisting of three or more counties. (2)The county auditor,as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town,or district, presented to the auditor prior to the proposed election date, may call a special election in such city, town,or district, and for the purpose of such special election he or she may combine, unite,or divide precincts. Such a special election shall be held on one of the following dates as decided by the governing body: (a)The second Tuesday in February; (b)The third Tuesday in April until January 1,2013; (c)The fourth Tuesday in April on or after January 1, 2013; (d)The day of the primary election as specified by RCW 29A.04.311;or (a)The first Tuesday after the first Monday in November. , http://apps.leg.wa.gov/RCW/defauIt.aspx?cite=29A.04.330 4/12/2012 RCW 29A.04.330: City, town, and district general and special electio... Page 4 of 4 (3)A resolution calling for a special election on a date set forth in subsection (2)(a)through (c)of this section must be presented to the county auditor at least forty-six days prior to the election date.A resolution calling for a special election on a date set forth in subsection (2)(d)of this section must be presented to the county auditor no later than the Friday immediately before the first day of regular candidate filing.A resolution calling for a special election on a date set forth in subsection (2)(e) of this section must be presented to the county auditor no later than the day of the primary. (4) In addition to subsection (2)(a)through (a)of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire,flood, earthquake,or other act of God,except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection(2)(d)and (e)of this section. Such special election shall be conducted and notice thereof given in the manner provided by law. (5)This section shall supersede the provisions of any and all other statutes,whether general or special in nature, having different dates for such city,town,and district elections,the purpose of this section being to establish mandatory dates for holding elections. [2011 c 349§4.Prior:2009 c 413§4;(2009 c 413§3 expired July 1,2011);2009 c 144§3;2006 c 344§3;2004 c 266§6;2003 c 111 §145;2002 c 43§2;1994 c 142§2;1992 c 37§2;1990 c 33§562;1989 c 4§10(Initiative Measure No.99);1986 c 167§6;1980 c 3§2; 1975-76 2nd ex.s.c 111 §2;1965c 123§3;1965c9§29.13.020;prior:1963 c200§1;1955c55§1;1951 c101 §1;1949c 161 §1;1927c 182§1;1923c53§2; 1921 c 61 §2;Rem.Supp. 1949§5144.Formerly RCW 29.13.020.] Notes: Effective date --2011 c 349: See note following RCW 29A.04.255. Effective date --2009 c 413§§2 and 4: See note following RCW 29A.04.321. Expiration date --2009 c 413§§ 1 and 3: See note following RCW 29A.04.321. Effective date --2006 c 344§§ 1-16 and 18-40: See note following RCW 29A.04.311. Effective date --2004 c 266: See note following RCW 29A.04.575. Intent --2002 c 43: "The legislature finds that there are conflicting interpretations as to the intent of the legislature in the enactment of chapter 305, Laws of 1999. The purpose of this act is to make statutory changes that further clarify this intent. It is the intent of the legislature that elections of conservation district supervisors continue to be conducted under procedures in the conservation district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further, it is the intent of the legislature that there be no change made with regard to applicability of the public disclosure act, *chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43§ 1.1 *Reviser's note: Provisions in chapter 42.17 RCW relating to public disclosure are recodified in chapter 42.56 RCW by 2005 c 274. Effective date --2002 c 43: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2002]." [2002 c 43 § 6.] Effective date --1994 c 142: "This act shall take effect January 1, 1995." [1994 c 142 § 3.] Purpose --Statutory references --Severability --1990 c 33: See RCW 28A.900.100 through 28A.900.102. Severability -- 1986 c 167: See note following RCW 29A.16.040. Severability -- 1975-76 2nd ex.s. c 111: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-76 2nd ex.s. c 111 §3.1 http://apps.leg.wa.gov/RCW/defauIt.aspx?cite=29A.04.330 4/12/2012 KENT Agenda Item: Other Business — 8B TO: City Council DATE: April 17, 2011 SUBJECT: ShoWare Center Economic Impact Study Contract — Authorize MOTION: Move to authorize the ShoWare Economic Impact Study consultant services agreement with Community Attributes International, to provide an assessment of ShoWare Center's past and future economic benefit to the city of Kent in an amount not to exceed $36,400, subject to final terms and conditions acceptable to the City Attorney and the Economic & Community Development Director. SUMMARY: As part of the economic development plan update process, Community Attributes International (CAI) performed interviews with business leaders in Kent and facilitated a business forum in collaboration with City Economic Development Division staff. Through the interviews and the business forum, the importance of ShoWare Center emerged as a critical asset for local economic development. Business leaders citywide cited ShoWare's importance as an iconic landmark and regional draw. However, City leadership and stakeholders alike feel that ShoWare has even more potential for economic and fiscal benefits to the City. Current survey data does not capture ancillary spending of ShoWare visitors, but many in the business community feel that its economic impact is positive. As a publically managed and financed facility, the City is interested in understanding the full economic and financial benefits of the ShoWare Center and supporting its long- term sustainability and independence as an enterprise fund. With ShoWare Center now having been in operation for three years, there is now a solid base of data from which to develop a refined and useful assessment of ShoWare Center's past and future economic benefit to the city of Kent. This contract will not exceed $36,400. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes. A `tad„5 "��'��� �IIIIIIIII Exhibit A ShoWare Center Economic Impact Analysis Scope of Services March 15, 2012 PROJECT UNDERSTANDING Community Attributes completed analyses and facilitated identification of strategic themes for an update to the City of Kent economic development plan in late 2011. As part of the economic development plan update process, CAI performed interviews with business leaders in Kent and facilitated a business forum in collaboration with City Economic Development Division staff. Through the interviews and the business forum, the importance of ShoWare Center emerged as a critical asset for local economic development. Business leaders citywide cited ShoWare's importance as an iconic landmark and regional draw. However, City leadership and stakeholders alike feel that ShoWare has even more potential for economic and fiscal benefits to the City. Survey data are not currently captured on ancillary spending of ShoWare visitors, but many in the business community feel that its economic impact is positive. As a publically managed and financed facility, the City is interested in long-term sustainability of the facility and supporting its independence as an enterprise fund. City economic development leaders desire a study that quantifies economic impacts associated with its activities. The study will provide analytic foundation for City strategies related to ShoWare. The following section includes a proposed scope of work to provide this economic impact assessment of the ShoWare Center for the City of Kent. PROJECT APPROACH The approach to this work leverages existing data from the ShoWare center, combined with primary data collection in the form of ShoWare attendee surveys and business interviews, along with impact modeling to tell a complete story of the economic impact of ShoWare center. Survey research will attain ancillary consumer spending data to describe visitor and business activity related to ShoWare. The business survey will enhance perspectives on activity before, during and after ShoWare events and impacts on a variety of business types and locations. The business survey should include representatives from retail, restaurateurs and other businesses types and local business associations. The following section presents a detailed Work Program, with options. The tasks are included as a menu of options, offering varying degrees of completeness to tell the ShoWare story. Budget trade-offs are discuss in the subsequent section. SboVare Economic Impact Study Marcb 15, 2012 Page 1 WORK PROGRAM This section presents the anticipated tasks and associated level of effort required to complete the analysis. Task 1 . Baseline Information and Data Assembly • Verify ShoWare revenue sources, tax rates, revenues and expenditures to date. • Review current net revenues accruing to the City, by segment, size of event and other data useful for analyzing demand. • Review expenditures, operating and maintenance costs. Deliverable: Technical memorandum Budget: $3,600 Schedule: Weeks 1 through 4 Task 2. Visitor and Business Survey and Profiles Intercept Survey For an intercept survey, Community Attributes is experienced in collaborating with survey research firms to augment quantitative analysis. We are prepared to contract with local firms as a subcontractor for this task (price reflects estimates gathered in developing this scope). Deliverable: Design of intercept survey, Survey analysis and results; Visitor and business profiles Budget: $15,400 ($7,500 for survey, $7,900 for data analysis and reports) Schedule: Depends on schedule for representative events, plus 2 to 4 weeks for draft report Task 3. Local Business Interviews Identify businesses believed to benefit from ShoWare events. Conduct telephone interviews with up to 20 local businesses to assess the following: • Goods and services offered • Dependence on ShoWare events • Revenues and expenses • Marketing efforts currently underway • Needs from City Deliverable: Design interview protocol; Survey analysis and results Budget: $7,500 Schedule: Weeks 3 to 8 Task 4. Economic Impact Model & Capture Scenarios SbolEare Economic Impact Study Marcb 15, 2012 Page 2 • Combine analysis of ShoWare data and survey data to estimate economic impacts. Benefits quantified will include the following direct and indirect benefits (additional items from the City are welcomed for discussion): — Property tax revenues — Sales tax revenues, including construction-related one-time revenues, on- going sales tax from operations and shared revenues (including Streamlined Sales Tax impacts, to the extent possible) — Parking tax revenues — Hotel/motel tax revenues — Utility tax revenues Jobs by type — Wages • Estimate indirect and induced benefits using IMPLAN input/output modeling — Quantify impacts for King County as a whole — Estimate impacts captured by City of Kent activity Deliverable: Technical memo with exhibits, charts, graphs and summary findings Budget: $4,900 Schedule: Weeks 8-12 (Depending on survey schedule) Task 5. Draft and Final Reports • Mine and integrate relevant stakeholder input from CAI's update to the Kent Economic Development Plan interviews and business forum input to inform potential strategies to consider. • Integrate technical memo, survey results and profiles and findings from other tasks into a complete report. • Draft findings in a report format with summary tables of key findings and spreadsheets. (Electronic files will be transferred). Deliverable: Draft and final report Meetings: Two; one to review preliminary findings and one to review draft report Budget: $5,000 Schedule: Weeks 8 through 12 Budget and Schedule All tasks require an estimated $36,400, reflected in the estimate of hours and tasks in the following budget exhibit. Including an on-line survey, in lieu of the intercept survey, would reduce the costs to $32,400. SbolEare Economic Impact Study Marcb 15, 2012 Page 3 Proposed Budget Hours Costs Task 1. Baseline Information and Data Assembly 36 $3,600 Task 2. Showare Customer Intercept Survey 200 $15,400 Task 3. Business Interviews 70 $7,500 Task 4. Economic Impact Model 48 $4,900 Task S. Meetings & Reports 40 $5,000 Total Labor 394 $36,400 ShoWare Center Requirements ShoWare Center will provide the following to Community Attributes: • Contact information for online surveys Information on bond service, operations and maintenance for comparison with economic benefits • Information related to current benefits to the City from existing businesses and economic activity SboVare Economic Impact Study Marcb 15, 2012 Page 4 References We encourage you to contact the references below who can speak to our expertise in providing fiscal and economic impact models: • Jeff Marcell, President& CEO, enterprise Seattle, (206) 389-8654; jmarcell@enterpriseseattle.org • Lyman Howard, Assistant City Manager/Finance Director, City of Sammamish; (425) 295-0590; lhoward@ci.sammamish.wa.us SboVare Economic Impact Study Marcb 15, 2012 Page 5 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for inj urics to persons or damage to property which may a ri so from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, em plo yces or subcontractors, A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below. 1 Automobile Liability I nsurancc co I all owned, o ed, hired end leased vehiclesV Cove age shall be written on ns" , no, Services Office (ISO) form CA 00 01 or substitute form providing equivalent liability coverage, If necessary, the policy shall be endorsed to provide contractual liability coverage, Co al Ge al Liability insurance shall be written on urr c ISO cce cnfor a m CG 00 01 , The City shall be n ed as n AdditionalI nsured under the Consultant's Commercial General Liability insure nce policy with respect to the work performed for the City using ISO additional insured endorsement CC 20 10 11 85 or a substitute endorsement providing equivalent coverage, 2, Workers' Compensation c vcragc as r,q ,iir,d by the Industrial Insurance laws of the State of Washington, B. Minimum Amounts of Insurance Consultant shall maintain the following nsurancc limits . 1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1 ,000,000 per accident, 2, Con, m ,rci,,, Gc al Liability insurance shall be written with limits no less the , $1 ,000,000 each occurrent $2,000,000 general aggreg ate, EXHIBIT B (Continued) C. Other Insurance Provisions The insurancc policies are to contai w e be endorsedd to contai � the folloing provisions foe Automobile Liability end Cum mcrcial General Liability 1 , The Consultant's insurance coverage shall be primary insurance as respect the City, Any Insur� res nc, self-insu , or u ins e nce pool coverage maintained by the shall be excess of the Consultant's insurance and shall not contribute with it, 2, The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written otice by certified mail, return receipt requested, has been given to the City, 3, The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by ron behalf of the Consultant and a copy of the endor ent naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies, The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim made ur suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers p IV1 a Insurance :qs to be placed with insurers with a current A , Best rating of not less thenVII , E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before cum mencement of the work, F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant, KENT Agenda Item: Other Business — 8C TO: City Council DATE: April 17, 2011 SUBJECT: Subdivision Code Amendment Ordinance — Adopt MOTION: Move to adopt Ordinance No. _ _, amending Chapter 12.04 of the Kent City Code entitled "Subdivisions, Binding Site Plans, and Lot Line Adjustments," related to the administration of subdivisions, binding site plans, and lot line adjustments. SUMMARY: These amendments include clarifying code, streamlining the permit process, and providing consistency with state laws and regulations. The amendments distinguish between major and minor alterations, revise pre- application review requirements, and utilize SR-8 single family residential development standards for some clustered subdivisions and short subdivisions. The ordinance was remanded back to the ECD Committee at the March 20th City Council meeting for further review of the plat expiration provisions. At the April 9th ECD Committee meeting, with a 2-1 vote, the committee recommended further amending section 12.04.221 to allow plats to remain valid for one year beyond what is allowed by state law for preliminary plat expiration. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.04, Kent City Code, specifically Section 12.04.117, Section 12.04.210, Section 12.04.221, Section 12.04.227, and Section 12.04.263, related to the administration of subdivisions, binding site plans, and lot line adjustments [ZCA-2011-3]. RECITALS A. Local planning legislation arises from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; and conflicts with updated regulations in other City departments. B. The City has determined that amendments to Chapter 12.04, Kent City Code (KCC), are necessary to reflect an improved permitting process, provide clarifications, reflect updated state regulations, and ensure development standards reflect the intent of the subject code provisions. C. The City has determined that an amendment to Section 12.04.117 is necessary to clarify that pre-application conferences for subdivisions and short subdivisions are encouraged, but not required. This 1 Administration of Subdivisions Amend Ch 12.04 amendment also eliminates the application process for a tentative subdivision or tentative short subdivision. D. Language requiring that an approved printed computer plot closure on all lots, streets, alleys and boundaries was inadvertently deleted from Section 12.04.210 in a previous code amendment, and should be re- inserted into the code. E. In order to be consistent with state regulations for the expiration of a preliminary plat approval, Section 12.04.221 should be amended by removing the existing language, and adopting the state expiration regulations by reference to RCW 58.17.140. This amendment also eliminates extensions of the expiration period. F. The City has determined that amendments to Section 12.04.227 are necessary to clarify what constitutes a major or minor alteration of an approved preliminary plat or short plat. This amendment includes language that treats major land alterations as new applications for the purposes of vesting. G. The development standards for the SR-1 zone conflict with the purpose and intent of cluster developments, where small lots are encouraged in order to provide additional protection and buffering of sensitive areas. The City has determined that an amendment to Section 12.04.263 will allow developments subject to clustering in the SR-1 zone to use the SR-8 development standards, with the exception of lot size, lot width, density, and other clustering requirements outlined in this section. H. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 2 Administration of Subdivisions Amend Ch 12.04 I. On November 8, 2011 notice was sent to the Washington State Department of Commerce and expedited review was requested as required under RCW 36.70A.106(3)(b). On November 23, 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. J. The Land Use and Planning Board discussed this matter at its November 14, 2011 workshop and after holding a Public Hearing on November 28, 2011 recommended approval of the amendments including Option B of the plat expiration amendment, as presented at that hearing. K. The Economic and Community Development Committee considered this matter at a meeting held December 12, 2011, and after holding a Public Hearing on March 12, 2012, to consider further options for the plat expiration amendment, recommended approval of the amendments, including a new Option B of the plat expiration amendment, as presented at that hearing. L. The City Council declined to consider this matter at its March 20, 2012 meeting, at which time the City Council instead directed that the proposal be reconsidered by the Economic and Community Development Committee. M. The Economic and Community Development Committee considered this matter again at its meeting held April 9, 2012, and after holding a Public Hearing on April 9, 2012, to consider further options for the plat expiration amendment, recommended approval of the amendments, including a new Option D of the plat expiration amendment, which modified Option B, as presented at the Public Hearing on March 12, 2012. 3 Administration of Subdivisions Amend Ch 12.04 N. The City Council again considered this matter at its April 17, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.04.117 of the Kent City Code is amended as follows: Sec. 12.04.117. Pre-application review. A. Applications fOF a tentative subdivision OF tentative shOFt subdivision pFe application n9eeting and Feview shall be filed with planning ser'!ces. Pursuant to KCC 12.01.080, a pre-application conference is FeqbimFed-encouraaed for all-subdivisions, a4-and Type I and Type II short subdivisions, and eigly feF Type 1 sheFt subdivisiens whie4i that require SEPA review. The scale and information required for a pre-application nqeefingc onference and the number of copies to be filed shall be in accordance with the requirements of the plaigiging FmaigageFApplication checklist. , G. A Fneeting eig the tentative plat shall be he'd that is attended by tentative plat, and the subdivideF. Reeeiggiggendatiens by the VaFiebis 4 Administration of Subdivisions Amend Ch 12.04 D. The Fecengngendatmens of the city depaFtngents shall be based on whetheF the tentative plat is� the application shall be FeeeFded on WFiting and n9ailed to the subdivideF by aFeaj and S. Not detFingental to the natUFal enviFenngent OF its SUFFOundings. SECTION 2. — Amendment. Section 12.04.210 of the Kent City Code is amended as follows: Sec. 12.04.210. Filing the final plat. A. A final plat or final short plat shall be prepared by a professional land surveyor licensed in the state of Washington, based on the Washington State Plane Coordination System, and be submitted to planning services along with all forms required and with the number of originals and copies requested. B. The final plat or final short plat submitted for filing shall comply with the conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-130 WAC, and Chapter 58.17 RCW. The original drawing shall be in black ink on mylar or photographic mylar. 5 Administration of Subdivisions Amend Ch 12.04 C. In addition to other requirements as specified in this section, the final plat or final short plat shall contain or be accompanied by the following: 1. Signature of the owner of the property on the face of the final plat or final short plat mylar; 2. A notarized certificate of the owner, contract purchaser, grantor of a deed of trust, or other holder of beneficial title to the property being subdivided indicating that the subdivision or short subdivision is made with free consent and in accordance with their desires, and if the subdivision or short subdivision is subject to deeding of property, the notarized certificate shall be signed by all parties having any ownership interest in the lands subdivided. For purposes of this section, ownership interest shall include legal and equitable property interests, including, but not limited to, present, future, contingent, or whole fee interests, together with a beneficiary's interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property; 3. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable; 4. Certification by the public works department that the subdivider has complied with either of the following alternatives: a. All improvements have been installed in accordance with the requirements of these regulations, or 6 Administration of Subdivisions Amend Ch 12.04 b. Certain improvements have been deferred according to KCC 12.04.205(D), deferred improvements; 5. The subdivider shall furnish the city a current plat or short plat certificate or title report from a title insurance company, produced no more than forty-five (45) calendar days prior to final plat or final short plat application, that documents the ownership and title of all interested parties in the plat or short plat, subdivision, short subdivision, or dedication and that lists all liens and encumbrances. The legal description in the title report shall be identical to the legal description on the face of the plat or short plat. The city reserves the right to require updates of the certificate or title report at any time prior to signing the final plat or final short plat by the short subdivision committee chairman; 6. Any person signing for a corporation must provide documentation that shows they have the authority to execute on behalf of the said corporation; 7. Copies of any restrictive covenants as may be used in the subdivision or short subdivision; 8. Certification of approval to be signed by the King County assessor; 9. Certification of approval to be signed by the King County recorder; 10. Certificate of approval by the chairman of the short subdivision committee; 7 Administration of Subdivisions Amend Ch 12.04 11. Copies of any bylaws for a homeowners' association, if created.. 12. Approved printed computer lot closure on all lots, alleys and boundaries. D. All subdivisions and short subdivisions shall be surveyed by a land surveyor licensed in the state of Washington. All lot, tract, parcel, and right-of-way corners and angle points shall be set in accordance with Chapter 58.09 RCW. Street monuments shall be in accordance with city of Kent design and construction standards and shall be installed per those same standards. Sufficient intervisible monuments shall be set to ensure that any property within the subdivision or short subdivision can be readily resurveyed at a later time or as may be specified by the public works department. All final plats and final short plats shall be based on at least two city of Kent horizontal control points and reference the North American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor as may be adopted by the public works department survey section. E. If any utility companies and/or utility districts have existing easements within the proposed plat or short plat, the applicant or its assigns shall have these easements removed or shall have their rights subordinated to the city of Kent if they fall within dedicated right-of-way or tracts for public use. F. The final plat or final short plat must be submitted to planning services for review as to compliance with all terms of the preliminary approval; terms of bonding or the completion of all improvements; and completeness and accuracy of survey data and platting requirements. 8 Administration of Subdivisions Amend Ch 12.04 G. Before a final short plat is filed with King County, it shall be signed by the chairman of the short subdivision committee when the plat is determined to be in compliance with all applicable short subdivision requirements. H. After all final plat conditions for a subdivision have been met, planning services shall set a date for a public meeting for the city council to consider the final plat. I. Before the final plat of a subdivision is submitted to the city council, it shall be signed by the city engineer and planning nganageFdirector. After the final plat is approved by the city council, it shall be signed by the mayor and the city finance director. J. An approved final plat or short plat shall be filed for record with King County and shall not be deemed approved until filed. K. A conformed copy of the recorded plat or short plat shall be filed with planning services and the public works department. SECTION 3, — Amendment. Section 12.04.221 of the Kent City Code is amended as follows: Sec. 12.04.221. Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall remain valid for that period of time specified in Chapter 58.17 RCW, plus one (1) year. Durina this period, an applicant must submit a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is skibFnitted o the city council for approval, or the preliminary 9 Administration of Subdivisions Amend Ch 12.04 plat shall lapse and become void. (5) yeaF edi of the .picat can show that he has attempted good faith to obtain appFOYal of the final plat within the five (5) yeaF peFied. subdivision preiiiiiiiiaiy plat expiration date. The request must include documentation as to the need fOF the additional tonge. Additional tonge B. GIn the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. SECTION 4. — Amendment. Section 12.04.227 of the Kent City Code is amended as follows: Sec. 12.04.227. Procedure for alteration of a subdivision or short subdivision. A. if aAn applicant vAAMsh requestin . to alter a subdivision or short subdivision or any portion thereof, except as provided in KCC 12.04.230, that peFserrshall submit an plat alteration application to the Permit 10 Administration of Subdivisions Amend Ch 12.04 Center . The application shall be accompanied by such submittal requirements as described in the application form, and applicable fees, and shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites or divisions within the subdivision or short subdivision or in that portion to be altered. B. The planning director shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. Major alterations are those which that are not in response to staff review or public appeal and substantially change the basic design, densm,y, increase the number of lots, substantially decrease open space, substantially change conditions of subdivision or short subdivision approval, or other similar requirements or provisions. Minor alterations are those that make minor changes to engineering design or lot dimensions, decrease the number of lots to be created, or increase open space, or other similar minor changes. Maior alterations shall be treated as new applications for purposes of vestina. C. If the subdivision or short subdivision is subject to restrictive covenants which were filed at the time of the approval, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof. D. If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the planning Fmaigage and the public works directors. A major plat or short plat alteration shall require consent of the short subdivision committee for 11 Administration of Subdivisions Amend Ch 12.04 short subdivisions or the hearing examiner for subdivisions after public notice and a public meeting or hearing is held. Planning services shall provide notice of the application for a major plat or short plat alteration to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original subdivision or short subdivision application. The planning directorer shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to subsection (B) of this section. E. If the alteration is requested after final plat or final short plat review and signature, but prior to filing the final plat or final short plat with King County, a plat or short plat alteration may be approved with consent of the short subdivision committee for short subdivisions or the city council for subdivisions. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original application. The notice shall establish a date for a public meeting or hearing. F. If the alteration is requested after filing the final plat or final short plat with King County, a minor plat or short plat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the city council for subdivisions. If the planning director FmaigageF determines that the proposed alteration is a major alteration, pursuant to subsection (B) of this section, then the planning directory may require replatting pursuant to this chapter. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the subdivision or short subdivision plat application. The notice shall establish a date for a public meeting or hearing. 12 Administration of Subdivisions Amend Ch 12.04 G. The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties. H. After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, which after signature the final plat or final short plat shall be filed with King County to become the lawful plat or short plat of the property. I. This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state-granted shore lands. SECTION 5, — Amendment. Section 12.04.263 of the Kent City Code is amended as follows: Sec. 12.04.263. Clustering in urban separators. A. All subdivisions and short subdivisions in the SR-1 zoning district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the city of Kent comprehensive land use plan map. B. Except as described in subsection C of this section, Gcluster subdivisions and short subdivisions shall be subject to the SR-8 zoning 13 Administration of Subdivisions Amend Ch 12.04 district development standards outlined in KCC Title 15. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions: 1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas. 2. Permitted uses. The cluster residential development option shall include only single-family residential uses. 3. Minimum area. No minimum area is established for a cluster residential development. 4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located. 5. Lot size. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. 14 Administration of Subdivisions Amend Ch 12.04 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size, blot width, and density shall be the same as are required within the SR-8 SR zoning district. 8. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes and wetlands and their buffers) shall be preserved. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the 15 Administration of Subdivisions Amend Ch 12.04 clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, or conveyed to the city with the city's consent and approval. SECTION 6, — Savings. The existing Chapter 12.04 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 7, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its 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; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 9, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR 16 Administration of Subdivisions Amend Ch 12.04 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 PVCi iPOrdinanceVCh 126h Amendmentsne Subdivisions Binding s¢e Plans LLAdjusanents dona 17 Administration of Subdivisions Amend Ch 12.04 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES March 20, 2012 Committee Members Present: Les Thomas (chair), Dennis Higgins, Jamie Perry The meeting was called to order by L Thomas at 4:03 p.m. 1. APPROVAL OF MINUTES DATED MARCH 6, 2012. D. Higgins moved to approve the Operations Committee minutes dated February 21, 2012. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED FEBRUARY 16 THROUGH FEBRUARY 29, 2012 D. Higgins moved to recommend Council approve the Check Summary Reports dated February 16 — 29, 2012. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 3. RECOMMEND COUNCIL APPROVE THE APPOINTMENT OF BLANE WEBBER TO THE LODGING TAX ADVISORY COMMITTEE. Blane Webber is currently the General Manager at the Marriott TownePlace Suites in Kent. He assumes the committee position as the business representative. Mr. Webber's position would be for a three year term, which would expire December 31, 2015 D. Higgins moved to recommend council approve the appointment of Blane Webber to the Lodging Tax Advisory committee. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 4. MOVE TO RECOMMEND CITY COUNCIL AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH IMAGE SOURCE INC., FOR THE ANNUAL SOFTWARE AND MAINTENANCE, IN AN AMOUNT NOT TO EXCEED $53,976.29. The Information Technology Department needs to renew the annual support and maintenance agreement with ImageSource Inc. who provides primary support for the city's records and imaging system. The renewal cost is included in the budget; however, per city purchasing guidelines it must be approved by the City Council. The city has been using this system for over 10 years. The contract will expire in two years and other systems can be considered at that time. S. SHOWARE CENTER ECONOMIC IMPACT STUDY (INFORMATION ONLY) The ShoWare Center has been operating for three years. B. Wolters, Economic and Community Development Director and several city and community leaders, feel this is a good time to evaluate the economic impact on the city. The study will provide an analytic foundation for City strategies to continue growing the ShoWare Center's positive impact on City's economy and quality of life. The Operations Council is in support of Council providing financial support for the study. They feel the Center's presence is positive and contributes to the future growth in Kent. B. Wolters is proposing that Economic and Community Development proceed with a contract with Community Attributes Inc. (CAI) to produce an analysis of the economic impact of the ShoWare Center. The contract for $36,400 will be brought to the Operations Committee for review and approval Operations Committee Minutes March 20, 2012 Page: 2 at a later date. Because CAI has an existing working knowledge of the ShoWare Center, they will provide the most cost effective and comprehensive information. Public comment was given by Will Watson of 23005 1301h PI SE, Kent, WA 98031. He expressed his concerns that the ShoWare Center is not being marketed as well as it can be to be successful and offered examples. B. Wolters said they are working with T. Higgins, ShoWare Manager to create awareness of the Center. The meeting was adjourned at 4:47 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary 0 T W.=r i ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES March 12, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Boyce Seconded a Motion to approve the February 13, 2012 Minutes. Motion PASSED 3-0. 2. PUBLIC HEARING: ZCA-2011-3 Amendments to KCC 12.04.221 Planner Katie Graves stated that at the December 12, 2011 Economic & Community Development Committee (ECDC) meeting staff presented proposed changes to Chapter 12.04 of Kent City Code (KCC) as recommended by the Land Use and Planning Board (LUPB). Changes relate to pre- application conferences, long plat and short plat submittal requirements, clarification of major versus minor short plats, plat alterations, development standards for clustering in urban separators and plat expiration. Graves stated that the Committee directed staff to draft more options for the plat expiration portion of the amendments. Today's hearing gives the public opportunity to discuss proposed changes not discussed at the LUPB public hearing. Planning Director Fred Satterstrom stated that staff looked at neighboring cities to see how they processed preliminary plats. Staff developed options for Council to consider in terms of the discretion involved to extend the validity of preliminary plats. He stated that State Legislature modified the validity period for preliminary plats from five to seven years in 2010. Satterstrom described three Options: Option A- is consistent with the LUPB's recommendation to retain the current regulations and allow extensions beyond the 7-year validity period. Option B- does not allow any extensions beyond what is specified by the RCW 58.17.140. Option C.1- modifies the RCW limitations by allowing a one-year single extension granted by the Planning Director or Option C.2-allows for additional time extensions in rare or unique circumstances outside the applicant's control. Satterstrom stated that staff's recommendation of Option CA proposes following the Legislature's 7-year plat extension limitation plus allowance of one single year extension to be granted based on conformance to the following added criteria: 1) The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction, or the financial security of improvements; 2) There is a reasonable likelihood of completing the required plat improvements and recording the final plat within the one year extension. Satterstrom stated that the Legislature recently passed a House Bill 92-0 and 46-0 in the Senate with no dissenting vote, modifying platting laws that extends the validity period to 9 yrs for preliminary plats approved prior to December 31, 2007. Staff believes this Bill will be signed by the governor and would affect 4 out of 34 preliminary plats within Kent. Based on changes in State Law, staff proposes amending their recommendation to add a single six-month extension to whatever the RCW's validity period is that would conform to the two criteria. Economic and Community Development (ECD) Director Ben Wolters stated that it is justifiable to allow additional extensions in those rare cases where an applicant needs just a little more time in order to meet the city's requirements. By not granting extensions, were the applicant required to start over, a tremendous amount of work, along with changes in codes and standards would have to be redone by staff and the applicant. The building industry has sought additional extensions because there are troubled projects out there that are still trying to be revived and there is a lot of investment that can be kept alive and moved forward. ECDC Minutes March 12,2012 Page 1 of Satterstrom stated that the essence of the legislature's action is that anything approved prior to December 31, 2007 as far back as 2003-2004 would have an expiration date of 2013 or beyond whatever that 9-years is. Satterstrom clarified that preliminary plats approved prior to December 2007 would operate under the 7 yr plan. After deliberations concluded Councilmember Perry opened the Public Hearing. Garrett Hoffman, Master Builders Association of King/Snohomish Counties, 335 1161n Ave SE, Bellevue, WA 98004 stated that there is a lot of money on the line that could potentially be lost if an applicant had to resubmit an application. He stated that the industry he represents has been successful in getting legislation to extend the expiration timelines from 5 to 7 years and now to 9 years with the hope that in two years legislation might look favorably at extending those time lines to 11 years. Hoffman stated that his industry supports Option C-2 with the Legislature's extension of a 9-year validity period. Councilmember Ranniger MOVED and Councilmember Boyce SECONDED a Motion to close the Public Hearing. Motion passed 3-0. Council Members Perry and Ranniger spoke in support of Option B with Councilmember Boyce speaking in support of Option C-2. Councilmember Ranniger MOVED to recommend to the City Council approval of the attached Ordinance amending Title 12.04 of the Kent City Code as recommended by staff and the Land Use and Planning Board and further amending 12.04.221 to Option B. Perry SECONDED the Motion which PASSED 2-1 with Boyce Opposed. 3. Draft Economic Development Plan (EDP)- Phase I Wolters introduced Lisa Corrado with Community Attributes Inc (CAI) stating that she has been working with staff on the Draft EDP. Wolters stated that Corrado will report on Phase I and share preliminary findings which lays the foundation for the Phase II Action Plan. Corrado reported on the Economic Analysis stating that key findings resulting from an in-depth industrial and commercial assessment looked at employment, land use, and compared regional competitiveness of Kent's Major Industrial Centers (MIC) to other MICs. A technical analysis indicates strong growth is projected regionally for industrial clustering opportunities. She reported on companies in Kent with a strong local, regional or global presence. CAI looked at commercial centers focusing on retail, demographics, commercial real estate, and employment. Corrado defined 'covered' employment as jobs that company employers are reporting whereas uncovered' employment are those jobs that go unreported. Wolters reported that Kent's current employment base is in the neighborhood of about 66,000 to 70,000. Corrado stated that input from stakeholder interviews helped frame the themes, goals and activities for the October business forum comprised of Business leaders, school district representatives, the community college, Kent staff, Sound Transit, and community partners. Timelines were set for completing action items: short-term (within 2 years), mid-term (3-5 years), long-term (6 or more years), with those timelines integrated into the Draft EDP. Corrado stated that next steps involve further developing timelines, building on cluster strengths, delving into more detail, prioritization and ranking of action items, and engaging City Council and the ECDC members through interviews to evaluate their priorities for the City. Corrado stated that subcommittees will be formed to further develop details for Kent's priorities which will be integrated into an implementation plan. Wolters stated that CAI and staff will continue to report back to the Committee with their findings and expects that these reports will inform the Council's strategic objectives and goals. Informational Only 4. East Hill Community Forum Review & Next Steps Economic Development Specialist Josh Hall stated that over 70 people attended the Community Forum. 20-25 people signed up to be part of the steering group. Pomegranate Center will send ECDC Minutes March 12,2012 Page 2 of the minutes and notes from the meeting to everyone who attended. Staff will look at setting up a website that will direct people to East Hill resources and activities. Hall stated that the United Way/King County grant runs through June. Three stakeholder meetings will be facilitated by Pomegranate Center within that time period to evaluate information gathered from the initial forum meeting. The stakeholders will identify priorities; and develop objectives and key action items. Hall stated that the stakeholder's group will generate a document to guide the direction for this revitalization project. Staff will use that document in hopes of attracting funding partners or foundations so that Phase 2 (developing a more detailed neighborhood revitalization strategy) and Phase 3 (Implementation) can be facilitated by the Pomegranate Center and the City can move towards revitalization of the East Hill Community. Informational Only S. Economic Development & Permit Process Report Wolters reported that Permit Center Manager Kimberlee McArthur is reporting on the results of the customer service satisfaction survey. Four quarterly surveys were generated reaching 1500 people with approximately 250 responses received. Survey results are used to inform, manage, and improve the permitting process. McArthur stated that the surveys asked responders to identify themselves as; homeowners, first time customers, contractors or architects. Results of the survey indicated that: 83.4 % said city staff used their code knowledge to help; 85.5 % indicated that information provided was useful; 82.6 % indicated a positive permit experience; 86.3 indicated service was timely; 85.1 felt service was consistent; 90.1 thought that staff was friendly. Changes and improvements were made to the permit process from: permit intake, review, permit issuance through final inspection. One correction letter is required now rather than many and meetings are scheduled to clear up any misunderstandings to keep projects moving forward. Tenant improvement and sign permits are issued over the counter. Plans are redlined at the counter where possible reducing permit turn-around time. ECD staff is located in the permit center for customer access during business hours. Implementation of initial review meetings has reduced plan review time to within 4 weeks. Customer service hours have changed to coincide with the permit center's hours to increase the window for acceptance of permit fee payments. Councilmember Perry stated that the same information customers received face to face needs to be made available on line. McArthur stated that Julie Pulliam is heading up a group to update web content and make it more useful. She stated that on-line permitting is restricted at this time due to budgetary issues but that a tech fee is now being charged which could be used towards funding an on-line permitting program. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 7:07 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDCA2012\Mlnutes\0312-12_DaftMln.doc ECDC Minutes March 12,2012 Page 3 of ..00'0"�. �✓ KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES February 14, 2012 COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair • The meeting was called to order by Chair Boyce at 4:30 PM. • Chair Boyce called for changes to the agenda. There were none. 1. Approval of Minutes D. Ralph moved to approve the minutes of the January 10, 2012 meeting. The motion was seconded by L. Thomas and passed 3-0. 2. Washington Traffic Safety Commission grant — AUTHORIZE Chief of Police Ken Thomas explained the funds, if awarded, would provide the Kent Youth Board an opportunity to tackle the distracted driving problem. L. Thomas moved to authorize the Kent Police Department to apply for the Washington Traffic Safety Commission mini-grant in the amount of $500 and accept the funds, if awarded. The motion was seconded by D. Ralph and passed 3-0. 3. Washington Association of Sheriffs and Police Chiefs arant — ACCEPT and Establish the budget. Chief Thomas explained the funds will be used to purchase traffic safety equipment. D. Ralph moved to recommend that City Council accept the Washington Association of Sheriffs and Police Chiefs grant in the amount of $11,550 and establish the budget. The motion was seconded by L. Thomas and passed 3-0. 4. Amend KCC 9.39 — Towing — Ordinance — ADOPT Julie Stormes, City Prosecutor, explained the purpose of the code amendment in order to align with federal and state law changes. L. Thomas moved to recommend Council adopt Ordinance No. (to be assigned at a City Council meeting), amending Chapter 9.39 of the Kent City Code, entitled "Towing". The motion was seconded by D. Ralph and passed 3-0. S. Police Department Updates — INFO ONLY • Chief Thomas introduced Raf Padilla, Commander of Special Investigations. • Chief stated that recent commissioned police retirements resulted in promotions and openings for specialty assignments. • Chief announced that the third Police Community Meeting will be held on February 161h at the Kent Senior Activity Center from 6:30 to 8 PM. Community members are invited to attend to meet Kent Police staff, get updates on police related issues and ask questions. • Commander Padilla spoke about residential burglaries as a regional issue. He stated police agencies are networking and communicating information which has shown that burglars from other areas are targeting cities for a day, then targeting a different city. • Commander Padilla announced the Valley Gang Enforcement Team is now operational. This is also a regional issue and the team is considering some long-term investigations that would work to bring down the core of a large gang. • Chief stated he's working closely with Representatives Ladenburg and Moscoso on gang legislation that addresses prevention and intervention. They're working on a grant program that would require applicants to use proven and effective programs, a community survey and many other factors in an effort to find the best program for their situation. • Chief stated that there continues to be lots of prostitution activity, some of it internet based. Gangs are forcing young females into prostitution and see this as funding for their other gang activities. • Chief is also working with Representative Orwall on legislation to increase the penalties for patronizing a prostitute. He stated 100% of the increased fees would revert back to the arresting jurisdiction to be used for programs to help prostitutes get off the streets, the formation of John schools and for additional anti-prostitution enforcement. • Chief strongly recommends that residents call 9-1-1 to report suspicious activity. The meeting adjourned at 5:07 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 January 10, 2012 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:03 p.m. Item 1— Approval of Meeting Minutes Dated March 05, 2012: Ralph MOVED to approve the minutes of March 05, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2—Department of Ecoloav/Municipal Stormwater Capacity — Grant Amendment: Environmental Engineer, Shawn Gilbertson noted that the Department of Ecology is offering the City of Kent an additional $50,000 grant. He further noted that this grant is an amendment to the $367,065 Stormwater Capacity Grant the city was awarded in 2010. The additional funds will be spent on technology and equipment. No personnel will be hired with these funds. Higgins MOVED to recommend Council authorize the Mayor to sign an amendment to the FY 2012 Municipal Stormwater Capacity Grant agreement with the Washington State Department of Ecology that will award an additional $50,000 to the city of Kent to be spent within the National Pollutant Discharge Elimination System (NPDES) Program upon concurrence by the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 3 — Ordinance Amending KCC 7.06 - Adopt: Public Works Director Tim LaPorte noted this is a housekeeping item brought to our attention from the Attorney's office regarding the combined sewer and storm surface water utility. The change is required due to a new state law and the increased population of the city. The amendments would bring the city code into compliance with state law. Ralph MOVED Move to recommend Council adopt the ordinance amending Section 7.06 of the Kent City Code, entitled, "Combined Sewer and Storm Surface Water Utility." The motion was SECONDED by Higgins and PASSED 3-0. Item 4 — Information Only/Sewer System - Update: Utilities Superintendent, Greg Reed presented an informative Power Point presentation on the city's nearly 200 miles of sanitary sewer system. Reed touched on the following items: Brightwater Sewer Treatment . Cleaning of Sanitary Sewer Plant . Repetitive Maintenance 2012 Cleaning &TV Inspections . Cleaning of Oil/Water Separators Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 • Manhole Lid Replacements • Smoke Testing • Inspections • Confined Space Entry • Fats, Oils & Grease Blockages • Cleaning Cistern at City Hall • Aging Brick Manholes • Tapping Sanitary Sewer Main • Manhole Channels • Developing Six-Year Capital • PVC Sewer Lines Improvement Plans • Root Infiltration Information Only/No Motion Required Item 5 — Information Only/PW Operations Bulk Fueling Facility - Update: Fleet Superintendent, Ron Green gave an informative Power Point presentation showing the conditions of the fueling facility located off of Russell Road at the Operations facility. Green explained that the master plan was to construct a new fueling facility with above ground tanks at the Kent East Hill Operations Center (KEHOC) in 2007/08 then decommission existing underground tanks and upgrade the Russell Road Operations facility with above ground tanks, overhead canopy, dispensers and an automated fuel management system. The fuel facility does not meet current design standards, and requirements to provide an overhead canopy covering the fuel islands to reduce and contain contaminants from storm water runoff have not been met. Existing dispensing equipment is obsolete and is well past its life cycle; maintenance is an issue due to the age of the equipment. Green's recommendation is to secure future capital funding for the removal and replacement of the current system. Committee asked that a cost analysis be prepared to determine the benefit of constructing our own fueling station. Information Only/No Motion Required Item 6 — Info Only/Residential Traffic Calming - Update: Transportation Engineering Specialist, Rob Knutsen gave a brief overview of the Residential Traffic Calming Program (RTCP) he noted a number of neighborhood groups and residents are working through the program. Knutsen also briefly touched on the following: • Addressed 66 citizen concerns regarding cut-through traffic - 18 of those concerns became new RTCP projects • The Residential Speed Watch Program is a popular tool for residents to consider. Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 - 300 letters were sent out to people that exceeded the posted speed limit by 6 miles and hour asking them to slow down. • Coordinated and attended two Traffic Calming meetings in the Panther Lake and Sunrise Elementary areas. Engineering and Enforcement staff work together to answer questions. For more information about the program contact Rob Knutsen at (253) 856- 5530 or at rknutsenCa)kentwa.gov . Information Only/No Motion Required Item 7 — Information Only/Traffic Signal System - Update: Transportation Engineering Manager, Steve Mullen presented an informative Power Point presentation he noted that the emphasis of his presentation is the Operation and Maintenance of the Transportation Management System, more commonly called the traffic signal system. Mullen touched on the following: • Our traffic signal system is managed by a central master controller which allows monitoring of signals to detect loss of communications or malfunctions of signals. Our system was purchased in 1993 and is one of two such systems still operating in the state. • We operate/maintain 119 traffic signals • Operate and maintain a number of miscellaneous electronic devices 36 School Speed Limit Flasher assemblies 6 Traffic monitoring cameras 1 In-pavement flashing lights crossing 8 Radar Speed signs 4 Overhead Crosswalk Signs 4 Overhead Turn Movements Ahead Flashers 6 Traffic monitoring cameras 2 River/Traffic monitoring cameras With the Panther Lake annexation his staff inherited 15 additional traffic signals 9 from King Count and 6 from Washington State Department of Transportation with two different systems that are not compatible to nor are they connected to the Kent system. Mullen thanked his skilled staff of four, for doing an outstanding job with limited resources and staff. No Motion Required/Information Only Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, March 19, 2012 Item 8 — Information Only/Transportation Committee - Update: Public Works Director Tim LaPorte stated that Public Works has contacted interested individuals to serve on the Transportation Committee. A tentative schedule has been developed, starting with Tuesday, March 20, at 4:00 p.m. Meetings will be held in the Centennial Building located at 400 West Gowe Street. Meetings will be held through May 1, 2012 with recommendations to Council delivered later in the month. He noted that the Committee is charged with exploring funding options for transportation projects. No Motion Required/Information Only The meeting was adjourned at 5:33 p.m. Cheryl Viseth Council Committee Recorder Page 4 of 4 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION