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City Council Meeting - Council - Agenda - 08/21/2012
CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. August 21 , 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 August 21, 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. Building a Healthier King County King County Public Health 30 minutes 3. Operational Efficiencies John Hodgson 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Exchange Students from Yangzhou, China 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings - Approve B. Payment of Bills - Approve C. Parking and Loading Requirements, Zoning Code Amendment, Ordinance - Adopt D. Permit Process Procedures and Requirements, Kent City Code Amendment, Ordinance - Adopt E. KIVA System Upgrade - Authorize F. Limited Tax General Obligation Bond Refunding Ordinance - Adopt (Continued) COUNCIL MEETING AGENDA CONTINUED G. Horseshoe Bend Levee Materials Testing Agreement — Authorize H. S. 228th Street Union Pacific Railroad Grade Separation Project Agreement — Authorize I. Forest Ridge Court Bill of Sale — Accept J. Lodging Tax Budget Adjustment — Approve S. OTHER BUSINESS A. Green River Levee Improvements, Condemnation Ordinance 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Pending Litigation B. LID 363 Procedural Determination 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) Building a Healthier King County 3) Operational Efficiencies 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) Exchange Students from Yangzhou, China 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 J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 7, 2012 and the special Council meeting of July 31, 2012. 7B. Approval of Bills. Approval of payment of the bills received through July 15 and paid on July 15 after auditing by the Operations Committee on August 7, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 7/15/12 Wire Transfers 5114-5124 $1,191,888.11 7/15/12 Regular Checks 664547-665029 4,788,051.47 7/15/12 Use Tax Payable 270.04 $5,980,209.62 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2012: Date Check Numbers Amount 7/20/12 Checks 328424-328604 $ 138,854.93 7/20/12 Advices 301244-301894 1,237,052.99 $1,375,907.92 Approval of checks issued for payroll for July 16 through July 31 and paid on August 3, 2012: Date Check Numbers Amount 8/3/12 Checks 328605-328775 $ 156,360.71 8/3/12 Advices 301-301243 1,211,516.36 $1,367,877.07 y RCN i Kent City Council Meeting Was„ „',.' August 7, 2012 The regular meeting of the Kent City Council was called to order at 5:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Perry, Ralph, Ranniger, and Thomas. Council President Higgins was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No recognition was given. B. Community Events. (CFN-198) Mayor Cooke noted that National Night Out activities will take place tonight, and that the Kabadi Games scheduled for Sunday have been cancelled in honor of the victims who were recently killed and injured in Oak Creek, Wisconsin. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through Z. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the Council workshops of July 16 and July 17, 2012, and the Council meeting of July 17, 2012, including a correction to Consent Calendar Item B, Payment of Bills, as follows: Checks issued for payroll 6/20/12 Advices should say Nos. 299959-300605, rather than 299312- 299958 as printed, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on July 17, 2012, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 6/30/12 Wire Transfers 5114-5124 $1,191,888.11 6/30/12 Regular Checks 664547-665029 4,788,051.47 6/30/12 Use Tax Payable 270.04 $5,980,209.62 Checks issued for payroll for June 16 through June 30 and paid on July 5, 2012, were approved: Date Check Numbers Amount 7/5/12 Checks 328231-328420 $ 156,360.71 7/5/12 Advices 300606-301243 1,211,516.36 $1,367,877.07 1 Kent City Council Minutes August 7, 2012 C. Aareement with Maple Valley for Kent Municipal Court Services. (CFN-983) The Mayor was authorized to enter into an interlocal agreement with the city of Maple Valley for city of Kent Municipal Court Services, subject to final terms and conditions acceptable to the City Attorney. D. Agreement with Maple Valley for Jail Services. (CFN-122) The Mayor was authorized to enter into an interlocal agreement with the city of Maple Valley for city of Kent jail services, subject to final terms and conditions acceptable to the City Attorney. E. Lodaina Tax Advisory Committee Re-appointments. (CFN-1170) The re- appointments of Barbara Smith, David Kwok and Beth Sylves to the Lodging Tax Advisory Committee were confirmed. F. 2012 4Culture Sustained Support Grant Agreement. (CFN-118) The Sustained Support Grant from 4Culture to support 2012 Kent Arts Commission programs in the amount of $17,000 was accepted, the Mayor was authorized to sign all the necessary documents and expenditure of funds in accordance with the grant was authorized, subject to approval of final terms and conditions acceptable to the Parks Director and City Attorney. G. 2012 Washinaton State Arts Commission Grant. (CFN-839) The Parks and Human Services Department was authorized to accept a grant from the Washington State Arts Commission in the amount of $3,500 and expenditure of the funds in accordance with the grant was authorized, subject to final terms and conditions acceptable to the Parks Director and City Attorney. H. Recreation and Conservation Office Grant Application Resolution. (CFN-118) Resolution No. 1864, authorizing a grant application to the Recreation and Conservation Office for land acquisition at Clark Lake Park was adopted. I. Storm Damage Budget Adjustment. (CFN-186/118) The amendment to the Park Operations, Facilities and Riverbend budgets to account for the related expenses and reimbursements stemming from the winter ice storm damage was approved. J. 2011 Water System Plan. (CFN-787) The 2011 Water System Plan was approved. K. Hiahwav Safety Improvement Proaram Grant, Traffic Sianal Control System. (CFN-171) The Mayor was authorized to sign an agreement with the Washington State Department of Transportation to accept a grant in the amount of $400,000 for the Citywide Traffic Control Signal System Upgrade, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. L. Highway Safety Improvement Program Grant, Intersection Improve- ments. (CFN-171) The Mayor was authorized to sign an agreement with the Washington State Department of Transportation to accept a grant in the amount of $700,000 for Intersection Improvements at SR 515 (108th Avenue SE) and SE 208th Street, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. 2 Kent City Council Minutes August 7, 2012 M. Desimone and Briscoe Levees Analysis and Certification Contract Amend- ment. (CFN-1318) The Mayor was authorized to sign a consultant services contract amendment with GEI Consultants, Inc. to perform additional analysis and consultation for the Desimone and Briscoe Levees in an amount not to exceed $59,628, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. Line Striping Agreement Amendment. (CFN-1162) The Mayor was authorized to sign an interlocal agreement with King County to perform line striping on City roads in an amount not to exceed $110,000, subject to final terms and conditions accept- able to the City Attorney and Public Works Director. O. 239th Street Water Infrastructure Parts Replacement Agreement. (CFN-1038) The Mayor was authorized to sign a goods & services agreement with H.D. Fowler Company for the purchase of miscellaneous water materials in an amount not to exceed $26,416.12 (including sales tax), subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. P. East Hill Well Water Source Electrical Improvements Design Agreement. (CFN-592) The Mayor was authorized to sign a consultant services agreement with RH2 Engineering, Inc. for the design of electrical improvements to the East Hill Well water source in an amount not to exceed $31,412, subject to final terms and condi- tions acceptable to the City Attorney and Public Works Director. Q. Boeing Levee Construction Support Services Agreement. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with AECOM for structural engineering services during construction of the flood wall for the Boeing Levee Project in an amount not to exceed $9,198.17, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R. Horseshoe Bend Levee Construction Support Services Agreement with GeoEngineers. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with GeoEngineers for construction support services during construction of the Horseshoe Bend Levee Project in an amount not to exceed $28,775, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. S. Horseshoe Bend Levee Construction Support Services Agreement with AECOM. (CFN-1318) The Mayor was authorized to sign a consultant services agree- ment with AECOM for construction support services during construction of flood walls on the Horseshoe Bend Levee Project in an amount not to exceed $20,338.03, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. 256th Street Improvements Appraisal Preparation Agreement. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with Murray & Associates to complete appraisals for portions of property along SE 256th Street in an amount not to exceed $22,786, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. U. Safeway Fuel Proiect #1294 Bill of Sale. (CFN-484) The Bill of Sale for the Safeway Fuel Project #1294, permit 2074423, for 157 linear feet of frontage improvements was accepted. 3 Kent City Council Minutes August 7, 2012 V. Morford Meadows South Bill of Sale. (CFN-484) The Bill of Sale for the Morford Meadows South project, permit 2062780, for 1 gate valve, 1 hydrant, and 281 linear feet of waterline, 7 catch basins, and 431 linear feet of storm sewerline was accepted. W. Morford Meadows South Final Plat. (CFN-1272) The final plat mylar for Morford Meadows South was approved and the Mayor was authorized to sign the mylar. X. 640 Zone Reservoir. (CFN-1310) The 640 Zone Reservoir Project was accepted as complete and release of retainage to T. Bailey upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $3,949,977.84. The final contract amount was $3,921,596.52. Y. Excused Absence, Council President Higgins. (CFN-198) An excused absence for Councilmember Higgins who was unable to attend the August 7, 2012, meeting was approved. Z. EarthCorps Services Grant Aareement. (CFN-118) The $6,650 in grant funds from King County to contract with EarthCorps for services at Earthworks Park was accepted and expenditure of funds in the General Fund Budget was approved. OTHER BUSINESS A. Voters Pamphlet Pro/Con Committee Appointments. (CFN-104/1321) CAO Hodgson explained that State law requires the city to try to form two three- member committees to write statements for and against the parks and street infrastructure levy lid lift. The law also requires that the "legislative body"" of the city make these appointments, and the city has to give the county elections office the names of committee members by this Friday, August 10. The Mayor has advertised on the City's website and electronically in the Kent Reporter for volunteers for both of these committees, and has recommended that the following Kent citizens be appointed: Pro: Mark Prothero, Ken Sharp, Gina Tallarigo. Con: Michelle McDowell and Christine Budell. Thomas moved to appoint Mark Prothero, Ken Sharp, and Gina Tallarigo, as the members of the pro committee to prepare arguments advocating voters' approval of the levy lid lift ballot measure authorized by Ordinance No. 4042, and to appoint Michelle McDowell and Christine Budell, as the members of the con committee to prepare arguments advocating voters' rejection of the ballot measure. Ranniger seconded. Perry stated that she will recuse herself from voting, as a family member applied to be on one of the committees. The motion then carried with Perry recused. BIDS A. Horseshoe Bend Levee Improvements, East and West River Bend Secondary Levees, Phase II. (CFN-1318) City Engineer Chad Bieren explained that this project consists of constructing approximately 1,450 linear feet of flood protection walls and 740 feet of earthen berm levee including an asphalt path, flood gates, utility relocation, road improvements and other miscellaneous work. He pointed out that this project is a requirement for moving ahead with FEMA accreditation. Bieren stated that seven bids were received and that the Engineer's estimate was $5,631,003.57. 4 Kent City Council Minutes August 7, 2012 Albertson moved to award the Horseshoe River Bend Levee Improvements East and West River Bend Secondary Levees, Phase II, project to SCI Infrastructure, LLC in the amount of $4,361,315.21, and to authorize the Mayor to sign all necessary docu- ments, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Ralph seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke displayed a banner provided by youth soccer players who left today to play soccer in Norway. She also reported on her attendance at the Flood Control Zone District Advisory Committee meeting and her efforts to retain funding for the Desimone and Briscoe levees, among others. C. Administration. (CFN-198) CAO Hodgson announced that SR 167 will be closed in both directions this Friday evening through Monday morning between SW 43rd (S. 180th) and I-405 for work on a culvert. D. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be at 5:30 p.m. on August 13. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the committee will not meet in August. G. Public Safety Committee. (CFN-198) Boyce noted that the committee will not meet in August, and that the next meeting will be on September 11. H. Public Works Committee. (CFN-198) Albertson announced that the results of the hearing on the final assessment roll for LID 363 will be brought to the meeting of August 22, and that the committee recently learned that the Army Corps of Engineers is decertifying levees in Tukwila and the Cedar River, which will result in competition from other cities for the limited funding available. I. Regional Fire Authority. (CFN-198) Thomas noted that the next meeting will be on August 15. ADJOURNMENT The meeting adjourned at 5:15 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 5 y RCN i Kent City Council Meeting July 31, 2012 A special meeting of the Kent City Council was called to order at 7:30 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger, and Thomas. (CFN-198) A. Infrastructure Funding. (CFN-1321) Council President Higgins outlined some of the impacts to the city which have resulted in a lack of funding for maintenance of parks and streets, including the enactment of streamlined sales tax, Initiative 695, a 1% property tax cap, and the loss of real estate excise tax. He noted that King County delayed maintenance in the Panther Lake area, knowing it would be annexed to the city. Higgins added that City staff has not received cost of living increases for the past four years. Higgins explained that two citizen committees were formed to review the parks and streets situation and to make recommendations to the Council. He outlined their timing and recommendations, noting that not all recommendations were enactable in full. He stated that an ad hoc committee made up of three Council members was then formed, which came up with the following final recommendations: requesting a 37 cent levy lid lift (23 cents for parks and 14 cents for streets), asking Administra- tion to find $2,000,000 in efficiencies in the current general fund, and working with the business community to find $4,000,000-6,000,000 in additional revenues. He said the full council met in two workshops to discuss the issue, and noted that this special meeting is being held at this time due to the deadline for getting a levy lid lift on the November ballot. He concluded by saying that the problem is not going away and that if it isn't dealt with, facilities and streets will have to be shut down, rebuilt, or torn out. He reiterated that the issue is simply about maintenance. Albertson assured everyone that this issue has been discussed for years. Ralph concurred and opined that, although the situation is desperate, solutions can be found by working together with the community. B. Efficiency Study. (CFN-198) City Attorney Brubaker distributed a resolution requesting that the mayor's office take all necessary steps and to allocate the necessary funds to hire an independent consultant to analyze existing city staffing and service structures and provide recommendations to generate further efficiencies in governmental operations, with the goal of reducing the city's annual budget. Albertson read the title, recitals, and Section 2 of the resolution aloud, and all agreed to correct the phrase "fund new parks and transportation infrastructure projects" to "maintain parks and transportation infrastructure" in Recital C. Boyce moved to adopt Resolution No. 1862, as amended, requesting the Mayor's Office to hire an independent consultant to provide recommendations to generate further efficiencies in governmental operations. Albertson seconded. Higgins noted that offers of low and no cost help have been received, and said the study will document cuts which have already taken place, and may result in efficiencies which would be easy to implement. Albertson, Boyce, Perry, Ranniger and Ralph each spoke in support of the study. The motion to adopt Resolution No. 1862 then carried. 1 Kent City Council Minutes July 31, 2012 C. Business Tax. (CFN-104) The City Attorney distributed copies of two proposed ordinances which would implement a new business and occupation tax focused primarily on warehouse operators in the city, and explained that one would enact the tax and the other would provide for administration and enforcement of the tax. It was noted that due to recent changes in tax laws, the city no longer receives sufficient revenue from warehousing activities to support the transportation infra- structure needed to serve those activities. The ordinances are intended to generate additional revenue to maintain, repair, and operate the city's existing transportation network and to cause those business entities which contribute most to the use and degradation of city streets to pay the most significant share of the cost. The City Attorney explained that the four primary areas of business activity are sales of retail services, sales of retail, manufacturing, and wholesaling, and said that as the ordinance is currently written, no B & O tax would be imposed on manufacturing, sales at retail, and sales of retail services, and that only 2/10 of 1% would be imposed on sales at wholesale, which is warehouse and distribution. He added that the B & O tax would only be imposed on warehouse or wholesale businesses whose gross receipts for the year exceed $500,000. Albertson moved to adopt Ordinance Nos. 4040 and 4041, adding new chapters 3.28 and 3.29 to the Kent City Code implementing business and occupation taxation and administrative provisions beginning January 1, 2013. Perry seconded. Albertson stated that there has been vigorous community input on this issue, and opined that if residents are asked to solve the problem by raising their own property taxes, the trucks which are destroying the roads should also be part of the solution, and that theses ordinances begin to address that. She stated that if the roads are not fixed, there will be no economic development, and urged council members to adopt the ordinances. Higgins said adopting a B & O tax tonight would be a big mistake because it hasn't been thoroughly vetted by city staff, council members, or the public. He reiterated that the business community has been working with the city and said he feels that process should be honored. He urged council members not to support these ordinances. Albertson said adoption of the ordinances is an early first step and makes a statement that the city recognizes where the damage is coming from and is doing something about it. Boyce spoke against the motion, agreeing that everyone should be part of the solu- tion, but expressing concern about the timing. He said he'd like to continue working with the business community on this issue. Ralph agreed that this is not the time for this ordinance, and that the conversation with the business community must continue. She pointed out that if the levy lid lift is passed, most business owners will be impacted, as they are property owners. Perry said that a levy lid lift is not the only option, and that it should be a last resort. She noted that the business community and the ad hoc committee agree that $4,000,000-6,000,000 is needed, but that there is no consensus as to where it could come from. She said a B & O tax impacts those who use the streets most and cause the most damage to them, and pointed out that a levy lid lift is for only six years, after which funding would have to be requested again, whereas a B & O tax is 2 Kent City Council Minutes July 31, 2012 sustainable. She noted that Kent's overall tax rate is significantly higher than that in other cities in the county. She said property taxes are not the answer, and that it is time to enact some sort of business tax. Perry pointed out that discussions on this issue began months ago and that the matter has been thoroughly vetted. She noted that the Chamber of Commerce recommendation does not include a B & O tax or a head tax, but does include sending the issue to the voters, charging a $20 car fee, and finding $2,000,000 in efficiencies in the city budget, which does not fit with ad hoc committee's recommendation of $4,000,000 to $6,000,000 in business taxes. Ranniger said that, though vetted, discussions on a B & O tax have not necessarily been transparent. She suggested not making a decision at this time and continuing talks with the business community about how they can help in solving the problem, including the possibility of a B & O tax for all businesses. She added that most residents have not felt the pain of the reduction in staff and services which have already taken place, since attempts have been made not to let them show. She said the efficiency study is a good opportunity to bring these cuts to light and to demon- strate to the community what $2,000,000 in additional cuts would look like. A brief discussion of the timing of the ordinance and the difficulty in accessing the amount of taxes paid by businesses in Kent was held. Upon a roll call vote, the motion to adopt Ordinances 4040 and 4041 implementing a business and occupation tax failed on a vote of 5-2, with Albertson and Perry in favor, and Boyce, Higgins, Ralph, Ranniger and Thomas opposed. Higgins then introduced Resolution No. 1863 and explained that it states that the city council has determined that those businesses in Kent which contribute to the deterioration of its street should pay a greater share of the cost to maintain and overlay those streets, and that it wants to work with the business community to find a revenue structure which the business owners find most fairly apportions that cost; that the city council will consider all available revenue structures which will best serve the needs of the people to have well-maintained streets while imposing the least and fairest burden on the business community; that the city council intends to enact a tax, fee, license, or other structure, to be in effect no later than January 1, 2013, which produces between four to six million dollars per annum for the sole purpose of street overlays, maintenance, repair, and related improvements; and that the city council affirms its intent to work cooperatively with the business community as it develops this new revenue stream, with the firm understanding and commitment that new revenues are required and must be in place by next year. Ralph moved to adopt Resolution No. 1863 stating the city council's intention to develop a new revenue source for street overlays and related improvements to take effect no later than January 1, 2013. Albertson seconded. Albertson offered a friendly amendment to the motion to strike the phrase "any other tax or fee structure" and Perry seconded for discussion. Albertson said that phrase seems ambiguous and could be interpreted to include car tabs, bonds, and so forth, which would not be appropriate. Higgins stated that he is opposed to the amendment because he wants to be able to discuss all options. Thomas, Ranniger and Perry concurred with Higgins. Albertson then withdrew her friendly amendment and Perry her second. 3 Kent City Council Minutes July 31, 2012 Ralph spoke in support of the resolution because it continues discussion with the business community. Higgins said though the current package is heavy on the business community, current revenue streams are heavy on residents, and that the inequity should be resolved. Albertson said that a resolution is not a law and it may not get the job done. Thomas noted that there are solutions other than taxes, and Boyce said he feels a solution can be found by working together. Ranniger also spoke in support of the resolution and expressed the expectation that conversations with the business community will continue. Perry said the resolution contains a deadline of January 1, 2013, which holds the city accountable. The motion to adopt Resolution No. 1863 stating the city council's intention to develop a new revenue source for street overlays and related improvements by January 1, 2013, then carried 6-1 with Albertson opposed. D. Lew Lid Lift. (CFN-104) Higgins explained that a proposed ordinance provides for the voters to raise their property tax by 37 cents per $1,000 of assessed valuation, which would cover a specific list of parks projects and a specific list of street projects. He noted that both citizens committees and the ad hoc committee recommended this, and moved to adopt Ordinance No. 4042 providing for the submission to the qualified electors of the city at an election to be held on November 6, 2012, of a proposition authorizing the city to increase the tax levy limit established in RCW 84.55.010 to provide additional funds to improve and add to existing parks and streets infrastructure. Boyce seconded. Higgins said asking residents for help is fair, and that without it, Wilson Playfields will have to shut down, the dock at Lake Meridian will have to be torn out, some streets will have lanes reduced and/or speed limits cut if this doesn't pass. At the request of the City Attorney, Higgins moved to amend the sentence relating to the public works projects near the top of page 5 of the ordinance by adding the words "improvements to the following streets" at the end. Thomas seconded and the motion carried. Albertson expressed opposition to the levy lid lift, saying it doesn't assure residents that those who are causing the problems to the streets are doing their part in solving the problem. Boyce spoke in support of the levy lid lift, trusting that the community will work together. Perry said ongoing funding is needed and that a levy lid lift is not sustainable, and that the business community must pay their fair share. She added that when the projects which are on the current list are completed, there will be more projects to be done, since the entire infrastructure is aging. Ranniger noted that much of the business community has shown that they are willing to help the city deal with the challenges, and said she expects them to continue their effects to assist. Ralph pointed out that this ordinance has come from many hours of discussion among business owners, residents and volunteers working together to try and resolve a very real problem. She said a levy lid lift is a good choice because it allows residents to decide. 4 Kent City Council Minutes July 31, 2012 Upon a roll call vote, the motion to adopt Ordinance No. 4042 as amended then carried 4-3, with Boyce, Higgins, Ralph and Ranniger in favor, and Albertson, Perry and Thomas opposed. ADJOURNMENT The meeting adjourned at 9:30 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: August 21, 2012 SUBJECT: Parking and Loading Requirements, Zoning Code Amendment, Ordinance - Adopt MOTION: Adopt Ordinance No. amending Chapters 15.05, 15.07.040, and 15.02.331 Kent City Code, related to off-street parking and loading areas. SUMMARY: These amendments to the zoning code relate to off-street parking and loading areas and include items that modernize the code and provide clarity. The amendments are undertaken as part of the City Council's initiative to transform regulatory processes in order to increase operating efficiencies. The amendments include revised parking standards such as stall dimensions, new paving requirements, and low impact development standards, in addition to more minor changes. 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 15.05, Kent City Code, pertaining to off-street parking and loading areas, specifically Section 15.05.030, Section 15.05.040, Section 15.05.060, Section 15.05.070, Section 15.05.080, Section 15.05.090, and Section 15.05.100; amending Section 15.07.040, Kent City Code; and adding a new Section 15.02.331 [ZCA-2012-1]. 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 15.05, Kent City Code (KCC), Off-Street Parking and Loading Areas, are necessary to modernize the code and provide clarity where there is confusion. C. The Land Use and Planning Board discussed amendments to Chapter 15.05, KCC, that regulate off-street parking and loading areas, at its public workshops on April 9, 2012 and May 14, 2012. After holding a 1 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance public hearing on June 11, 2012, the Board recommended approval of the amendments and determined that to be consistent, an amendment to Section 15.07.040 regarding parking lot landscaping, and a new Section 15.02.331 adding a permeable surface definition are also necessary. The Economic and Community Development Committee entertained a presentation by Planning staff concerning this matter at its July 9, 2012 meeting and considered this matter at its August 13, 2012 meeting, and the city council considered this matter at its August 21, 2012 meeting. D. The City's State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the proposed amendments and issued a Determination of Nonsignificance on May 14, 2012. E. On May 10, 2012, notice was sent to the Washington State Department of Commerce and expedited review was requested. On May 31, 2012, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 15.05.030 of the Kent City Code is amended as follows: Sec. 15.05.030. Location of off-street parking. 2 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance A. Single-family dwellings. Required parking for a single-family dwelling shall be located on the same lot as the building it is to serve. B. Multifamily dwellings. Required parking for multifamily dwellings may be on a contiguous lot if located within five hundred (500) feet of the dwelling units. The lot shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities. Documentation shall require review and approval of the city attorney. C. Other uses. For uses other than those described in subsections (A) and (B) of this section, required parking may be in areas other than on the premises if the additional required amount of parking area is set aside for a particular use in sur=h aanother lot and sudh area is Ret located F198Fe thanwithin five hundred (500) feet of#ef the premises. The lot or area to be utilized shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities. Documentation shall require review and approval of the city attorney. SECTION 2. - Amendment. Section 15.05.040 of the Kent City Code is amended as follows: Sec. 15.05.040. Parking standards for specific activities. A. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND PARKING SPACE USE REQUIREMENT Living activities Single-family Two (2) parking space 3 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance per single-family dwelling. Duplex Two (2) parking space per dwelling unit. Multifamily",3" One (1) parking space per unit for efficiency apartments in all sized developments; two (2) parking spaces for each dwelling unit for developments with forty-nine (49) or less dwelling units; one and eight-tenths (1.8) parking spaces per dwelling unit for developments of fifty (50) or more dwelling units. €eF (rm O spaee f8F .aeh fi ftee.. Multiple dwellings One (1) paFlEiRg space f8F IBW iReeme f8F each twe-(2) Accessory One (1) off-street dwelling unit parking space per accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface o a required ADU off- street parking space shall comply with KCC 15.05.090(C). 4 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Boardinghouses One (1) parking space and lodging for the proprietor, plus houses one (1) space per sleeping room for boarders or lodging use, plus one (1) additional space for each four (4) persons employed on the premises. Mobile and Two (2) parking space manufactured for each mobile home home parks site, plus ene (1) SeFeened spaee fE Recreational One (1) parking space vehicle park for each site. Hotels' One (1) parking space for each guest room, plus two (2) parking spaces for each three (3) employees. Commercial activities Banks' One (1) parking space for each two hundred (200) square feet of gross floor area, except when part of a shopping center. Professional and One (1) parking space business offices' for each two hundred fifty (250) square feet of gross floor area, except when part of a shopping center. Shopping centers' Four and one-half (4.5) spaces per one thousand (1,000) square feet of gross leaseable area (GLA) for centers having GLA of less than four 5 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance hundred thousand (400,000) square feet, and five (5.0) spaces per one thousand (1,000) square feet of GLA for centers having a GLA of over four hundred thousand (400,000) square feet. Restaurants, One (1) parking space nightclubs, for each one hundred taverns and (100) square feet of lounges' gross floor area, except when part of a shopping center. Retail stores, One (1) parking space supermarkets, for each two hundred department stores (200) square feet of and personal gross floor area, service shops' except when located in a shopping center. Other retail One (1) parking space establishments; for each five hundred furniture, (500) square feet of appliance, gross floor area, hardware stores, except when located in household a shopping center. equipment service shops, clothing or shoe repair shops" Drive-in One (1) parking space business" for each one hundred (100) square feet of gross floor area, except when located in a shopping center. Uncovered One (1) parking space commercial area, for each five thousand new and used car (5,000) square feet of lots, plant nursery retail sales area in addition to any parking requirements for buildings, except when located in a shopping 6 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance center. Motor vehicle One (1) parking space repair and for each four hundred services (400) square feet of gross floor area, except when part of a shopping center. Industrial One (1) parking space showroom and for each five hundred display (500) square feet of display area. Bulk retail stores One (1) parking space for each three hundred fifty (350) square feet of gross floor area. Industrial activities Manufacturing, One (1) parking space research and for each one thousand testing (1,000) square feet of laboratories, gross floor area. For creameries, parking requirements bottling for associated office establishments, areas, see bakeries, "Professional and canneries, printing business offices." and engraving Maximum office area o shops two (2) percent of gross floor area may be included without additional parking requirements. Warehouses and One (1) parking space storage buildings for each two thousand (2,000) square feet of gross floor area. For parking requirements for associated office areas, see "Professional and business offices." Maximum office area o two (2) percent of gross floor area may be included without 7 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance additional parking requirements. Speculative One (1) parking space warehouse and for each one thousand industrial (1,000) square feet of buildings with gross floor area if multiple use or building size is less tenant potential than one hundred thousand (100,000) square feet, or one (1) parking space for each two thousand (2,000) square feet of gross floor area for buildings which exceed one hundred thousand (100,000) square feet gross of floor area. This is a minimum requirement and valid for construction permit purposes only. Final parking requirements will be based upon actual occupancy. Recreation-amusement activities Auditoriums, One (1) parking space theaters, places of for each four (4) fixed public assembly, seats, or one (1) stadiums and parking space for each outdoor sports one hundred (100) areas12 square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys13 Five (5) spaces for each alley, except when located in a shopping center. Dance halls and One (1) parking space skating rinks14 for each two hundred (200) square feet of 8 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance gross floor area, except when located in a shopping center. Golf driving One (1) parking space ranges for each driving station. Miniature golf One (1) parking space courses for each hole. Recreational One (1) parking space buildings, whether for each two hundred independent or (200) square feet of associated with a gross floor area. Such multifamily spaces shall be located complex adjacent to the building and shall be designated for visitors by signing or other special markings. Educational activities Senior high One (1) space for each schools, public, employee plus one (1) parochial and space for each ten (10) private students enrolled. In addition, if buses for the transportation of children are kept at th school, one (1) off- street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing 9 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance or other special marking as approved by the traffic engineer. Colleges and Two and one-half (2 universities and 1/2) parking spaces for business and each employee, plus vocational one (1) space for each schools" three (3) students residing on campus, plus one (1) space for each five (5) day student not residing on campus. In addition, if buses for transportation of students are kept at the school, one (1) off- street parking space shall be provided for each bus, of a size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitors in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer. Elementary and junior high add itiB�f students a e kept at shall be PFOVided f8F 30 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance of a size eaeh bus, bus One (1) additional StHdeRtS adjaeeRt t8 th of the building .. spaees shall be .. by the tFaffie eRgiReeF. One (1) parking space for each employee, plus one (1) parking space for every 50 student capacity (Capacity means the designed capacity of the school even if actual enrollment varies by year). In addition, if buses for transportation of students are kept at the school, one (1) off- street parking space shall be provided for each bus, of a size sufficient to park each bus. Consideration for student loading/ unloading and pick- up/drop-off areas shall be integrated in the site plan. Libraries and One (1) parking space museums for each two hundred fifty (250) square feet in office and public u se. 11 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Day-care centers One (1) parking space for each employee, plus loading and unloading areas. Medical activities Medical and dental One (1) parking space offices" for each two hundred (200) square feet of gross floor area, except when located in a shopping center. Convalescent, One (1) parking space nursing and for each two (2) health institutions employees, plus one (1) parking space for each three (3) beds. Hospitals One (1) parking space for each three (3) beds, plus one (1) parking space for each staff doctor, plus one (1) parking space for each three (3) employees. Religious activities Churches One (1) space for each Religious five (5) seats in the institutions or main auditorium( other places of gathering place; worships' provided, that the spaces for any ehH Hinstitution shall not be less than ten (10). One (1) seat is equivalent to seven (7) square feet, for institutions that do not have seats in the main gathering place. For all existing institutions enlarging the seating capacity of their auditoriums, one (1) additional parking 12 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance space shall be provided for each five (5) additional seats provided by the new construction. For all existing ehHFa;es institutions making structural alterations or additions which do not increase the seating capacity of the auditorium, no additional parking need be provided. Mortuaries or One (1) parking space funeral homes for each one hundred (100) square feet of floor area of assembly rooms. Other uses For uses not specifically identified in this section, the amount of parking required shall be determined by the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by the applicant. 1. n-__-_atien^I . _Miele .._..-I.:... ....ees _hall be on defined, L_n__J and SEFeened aFeas with a igginingbing ef a six (6) feet high sight ebSELIFORg develepeF 199ay ffevide aFeas ef usable epen spaee equal te that aFea that twenty (20) feet leng that is used as PFin9aFY tFanSpfftatien is not suNeEt 13 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance depaF`---` Where enclosed garages are utilized to provide parking required by this title, an eighteen (18) foot stacking space shall be provided in front of such garage units. Provided, however, the planning director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause onsite parking or circulation problems. These assurances include but are not limited to: (a) covenants that run with the land or homeowners' association that require garages to be utilized for the storage of vehicles, (b) maintenance of drive aisle widths of twenty-six (26) feet in front of each garage unit, and (c) maintenance of minimum clearances for fire lanes on the site. Special parkina for recreational vehicles will not be required as Iona as the facility does not permit recreational vehicles other than campers or vehicles that will fit into a normal-sized parkina stall. If recreational vehicles are to be permitted on the development, they must be screened and fenced. 2. Exceptions for senior citizen apartments in multifamily buildings a. ApPFOYed building plans n9ust show one and eight tenths sha" be installed Of at any tinge the StFUEtUFe is not used f9F seni0F Eitizen ba. The multifamily parking requirement of one "` spaEe peF dwelling unft—may be reduced `= me less than _ e (1) _..__,. f__ _ ., twe as determined by the planning 14 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance director. The planning director shall base his her decision on a parking study that supports one or more of the following: i. Availability of private, convenient, regular transportation services to meet the needs of the tenants; ii. Accessibility to and frequency of public transportation; iii. Pedestrian access to health, medical and shopping facilities; iv. Minimum age requirement to reside in subject apartments; v. Special support services offered by the facility;- vi. Other documentation or standards that support a permanent reduction of parkina stalls. be SEFeened and fenEed. 15 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of three- fourths (0.75) parking space per dwelling unit, or conduct a parking feasibility study to determine need. No spaces provided for recreation vehicles. 4. In MTC-1, MTC-2, and MCR zoning districts, one (1) parking space for every four (4) dwelling units, or conduct a parking feasibility study to determine need. 5. In MTC-1, MTC-2, and MCR zoning districts, one (1) parking space for each guest room, plus two (2) parking spaces for every five (5) employees, or conduct a parking feasibility study to determine need. 6. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, except when part of a shopping center, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, one (1) parking space for every five hundred (500) square feet of gross floor area, or conduct a parking feasibility study to determine need. 7. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, or conduct a parking feasibility study to determine need. S. In MTC-1 and MCR zoning districts, one (1) parking space for every two hundred (200) square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, a minimum of one (1) parking space for every three hundred (300) square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is three thousand (3,000) square feet 16 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance or less and with a parking supply of at least twenty (20) spaces within five hundred (500) feet or one thousand (1,000) feet of a public garage. 9. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, or conduct a parking feasibility study to determine need; in MTC-2 zoning district, one (1) parking space for every five hundred (500) square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is eight hundred (800) square feet or less and with a parking supply of at least twenty (20) spaces within five hundred (500) feet or one thousand (1,000) feet of a public garage. 10. In MTC-1, MTC-2 and MCR zoning districts, one (1) parking space for every one thousand (1,000) square feet of gross floor area, or conduct a parking feasibility study to determine need. No parking is required if use is eight hundred (800) square feet or less and with a parking supply of at least twenty (20) spaces within five hundred (500) feet or one thousand (1,000) feet of a public garage. 11. In MTC-1 and MCR zoning districts, one (1) parking space for every four hundred (400) square feet of gross floor area, except when located in a shopping center. 12. In MTC-1 and MCR zoning districts, conduct a parking feasibility study to determine need. 13. In MTC-1 and MCR zoning districts, three (3) parking spaces for each alley, except when located in a shopping center. 17 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 14. In MTC-1 and MCR zoning districts, one (1) parking space for every five hundred (500) square feet of gross floor area, or conduct a parking feasibility study to determine need. 15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking feasibility study to determine need. 16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one (1) parking space for every four hundred (400) square feet of gross floor area, or conduct a parking feasibility study to determine need. 17. In MTC-1, MTC-2, and MCR zoning districts, one (1) parking space for every ten (10) seats in the main auditorium; provided, that the spaces for any church shall not be less than ten (10). For all existing churches enlarging the seating capacity, one (1) additional parking space shall be provided for every ten (10) seats provided by the new construction. B. Mixed occupancies or mixed use if one (1) occupancy. In the case of two (2) or more uses in the same building, the total requirements for off- street parking facilities shall be the sum of the requirements for the several uses computed separately; except in shopping centers, and except as provided in the mixed use overlay KCC 15.04.200. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as permitted in subsection (C) of this section pertaining to joint use. C. Joint use. The minimum amount of off-street parking required by subsection (A) of this section may be reduced by the planning director when shared parking facilities for two (2) or more uses are proposed if: 18 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 1. The total parking area exceeds five thousand (5,000) square feet; 2. The parking facilities are designed and developed as a single onsite common parking facility, or as a system of onsite and offsite facilities if all facilities are connected with improved pedestrian facilities and located within five hundred (500) feet of the buildings or use areas they are intended to serve; 3. The amount of reduction in off-street parking does not exceed ten (10) percent per use unless it is documented that the peak parking demand hours of two (2) or more uses are separate by at least one (1) hour; 4. The subject properties are legally encumbered by an easement or other appropriate means which provide for continuous joint use of the parking facilities. Documentation shall require review and approval by the city attorney; and 5. The total number of parking spaces in the shared parking facility is not less than the minimum required by any single use. D. Employee parking. Where employee parking will be maintained separately and in addition to parking for the general public, the regulations of this subsection shall apply: 1. Minimum parking stall sizes, aisle widths and percentage of compact car stalls shall be as per other requirements in this chapter. 19 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 2. Employee parking must be clearly identified as such and not become parking for the general public. 3. If the employee parking is changed to parking for the general public, the normal regulations for off-street parking shall be in force. 4. Employee parking shall not be in lieu of parking requirements per activity as stated in this section. E. Temporary parking facilities. Temporary parking facilities may be permitted by the planning director when it has been shown that: 1. The existing use of the subject property has adequate legal nonconforming parking or that existing parking conforms to the applicable standards of this title. 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporary parking facility serves a public need. 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of two hundred eighty-five (285) square feet gross area per stall. b. The pavement section shall be a minimum of four (4) inches of five-eighths (5/8) inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. 20 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance c. Onsite drainage control and detention shall be provided per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval. F. Compact car parking. 1. Parking stall size shall be a minimum of eight (8) feet by seventeen sixteen (37-16) feet. Aisle width shall be per the requirements of KCC 15.05.080 and diagram No. 1 following this chap-c�`=-KCC 15.05.100. 2. Compact car parking spaces shall be clearly identified by signing or other marking as approved by the city engineer. 3. Compact car parking spaces shall not exceed thirty (30) percent of the total required parking, and shall be inte__peFsed equx-4yAistributecl throughout the entire parking area. For parking lots of more than twenty (20) stalls, up to fifty (50) percent of the total required parkina may be compact car parking spaces. Compact stalls cannot be located along a fire lane in lots where the percentage of compact stalls exceeds thirty l301 percent, unless approved by the fire marshal. 4. See KCC 15.05.080 and diagram No. 41 following `h', ^"---c�`=-KCC 15.05.100 for typical compact car stall arrangements. side by side, OF eight (8) head to head. G. Transit and rideshare provisions. 21 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 1. The planning director may reduce the minimum number of off- street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to twenty (20) percent of the minimum standard may be approved. Any reduction in the amount of required parking is only valid for as long as the approved CTR program is in effect. An invalidated program or a change in use or operations would result in the application of the underlying standards per subsection (A) of this section. 2. The planning director may reduce the number of required off- street parking stalls for businesses which do not have a commute trip reduction program by one (1) stall for every two (2) car pool stalls, and/or one (1) stall for every one (1) van pool staff if: a. Reserved rideshare parking is located convenient to the primary employee entrance; b. Reserved areas are clearly marked by signs for use by approved and qualified rideshare vehicles; c. The use of reserved areas for rideshare parking is actively enforced by the employer; and d. The total reduction in the number of parking stalls does not exceed ten (10) percent of the required stalls. SECTION 3, — Amendment. Section 15.05.060 of the Kent City Code is amended as follows: 22 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Sec. 15.05.060. Loading space. For all buildings hereafter erected, reconstructed or enlarged, adequate permanent off-street loading space shall be provided if the activity carried on is such that the building requires deliveries to it or shipments from it of people or merchandise. Such space shall be shown on a plan and submitted for approval by the planning department and the city engineer. No portion of a vehicle taking part in loading, unloading or maneuvering activities shall project into a public street, alley or interior pedestrian area. Loading space or maneuvering areas shall be in addition to required off- street parking spaces. A. Relationship of loading space to residential areas. Loading berths shall be located not closer than fifty (50) feet to any residential district, unless wholly enclosed within a building, or unless screened from such residential area by a wall or uniformly painted fence not less than six (6) feet in height. B. Relationship to open space. Space for loading berths may occupy all or any part of any required setback or open space as long as the loading berth is uncovered. A covered loading area shall comply with the minimum setback requirements for the district. C. Types of uses for which loading space shall be provided. Loading space shall be provided for the following types of buildings or businesses: warehouses, supermarkets, department stores, office buildings with a floorspace in excess of twenty thousand (20,000) square feet, industrial or manufacturing establishments, freight terminals, railroad yards, mortuaries and such other commercial and industrial buildings which, in the judgment 23 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance of the planning director, are similar in nature in regard to loading space requirements. D. Required 4maneuvering areas: 1_€For buildings with dock-high loading doors_- Buildings which utilize dock-high loading doors shall provide a minimum of one hundred (100) feet of clear maneuvering area in front of each door. See the following diagram: I Yi:F r nx•le 1[aP i All N'F frr4f.li U.. F 14 -E2. Maneuvering area for buildings with ground level loading doors. Buildings which utilize ground level service or loading doors shall provide a minimum of forty-five (45) feet of clear maneuvering area in front of each door. See the following diagram: ANI',3LED W C R" ND LEVEL. LCNAD INS..; SERVICE ORRS 45 !4' F'Ili1Cd1:5 I F I 3. The maneuvering area shall be designed to accommodate the maximum length of vehicle to be served, as identified on a Vehicle 24 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Maneuvering Diagram or other site plan measurements and shall show no encroachment of maneuverina into a public street, opposina lane of a two- way driveway, or within three (3) feet of any required parkina stalls. The following standards and minimum distances shall also apply (see Diagram a. When dock high doors of one building face dock high doors of another buildina, the minimum distance between buildings shall be 164 feet; b. When dock hiah doors of one buildina face around level doors of another buildina, the minimum distance between buildings shall be 126 feet; c. When around level doors of one buildina face around level doors of another buildina, the minimum distance between buildings shall be 65 feet; d. A ioint access and maneuverina easement is required; e. The maneuverina area is measured from face of buildina to face of buildina. Except for trucks parked at the loadina dock, no parkina, landscapina, or other obstruction shall be located within the maneuverina area; f. The fire lane shall be at least 26 feet wide and marked and striped per requirements in the Fire Code, KCC Chapter 13.01, as amended. 25 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance EF-. Driveways. Ingress and egress points from public rights-of-way (driveways) shall be designed and located in such a manner as to preclude offsite or on-street maneuvering of vehicles. SECTION 4. - Amendment. Section 15.05.070 of the Kent City Code is amended as follows: Sec. 15.05.070. Off-street parking regulations for downtown commercial and downtown commercial enterprise districts. It is the purpose of this section to recognize the pedestrian-oriented nature of downtown activities while also recognizing the need for off-street parking facilities to eliminate traffic congestion. For the purpose of regulating off-street parking, there shall be two (2) divisions of the downtown commercial enterprise district, one (1) for the area west of the Burlington Northern Railroad tracks, and one (1) for the area east of the tracks. A. Downtown commercial district. No off-street parking shall be required in this district, excepting that one (1) parking space per unit is required for multifamily residential development. No more than three (3) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area are permitted for nonresidential development. This parking maximum does not apply to structured parking. The downtown commercial district is the core area of downtown which should be pedestrian oriented. In addition, the property owners in the downtown commercial district have provided off-street parking through local improvement district assessments. 26 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance B. Downtown commercial enterprise district - West of the Burlington Northern Railroad tracks. Off-street parking shall be provided and shall be in accordance with the provisions of this chapter, except there may be a fifty (50) percent reduction from the parking standard requirements contained in KCC 15.05.040 and except that those properties in the downtown commercial enterprise zone who paid into parking local improvement district 260 shall be exempt from off-street, parking requirements. One (1) parking space per unit is required for all multifamily residential development, except multifamily residential development for senior citizens may be further reduced, as allowed by 15.05.040.A.2. No more than three (3) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area are permitted for nonresidential development except that this surface parking maximum does not apply to either structured parking, or properties located in the "west frame district" of the Kent downtown planning area described in KCC 15.09.046, which shall have a maximum of four and one-half (4.5) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area for nonresidential development. The exeeptien feF the "west `FaFne distF'.=}" Will C. Downtown commercial enterprise district - East of the Burlington Northern Railroad tracks. Off-street parking shall be provided and shall be in accordance with the provisions of this chapter except there may be a twenty-five (25) percent reduction from the parking standard requirements contained in KCC 15.05.040. One and one-half (1.5) parking spaces per unit are required for multifamily residential development, except multifamily residential development for senior citizens may be further reduced, as allowed by 15.05.040.A.2. No more than three (3) off-street parking spaces per one thousand (1,000) square feet of gross floor area 27 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance are permitted for nonresidential development except that this surface parking maximum does not apply to either structured parking, or properties located in the "east frame district' of the Kent downtown planning area described in KCC 15.09.046, which may have a maximum of four and one-half (4.5) off-street surface parking spaces per one thousand (1,000) square feet of gross floor area for nonresidential development if at least twenty-five (25) percent of the overall project gross floor area is comprised of residential development. The ex---tie- `-- the "east `-a—= SECTIONS. - Amendment. Section 15.05.080 of the Kent City Code is amended as follows: Sec. 15.05.080. Size and design standards. A. Parking stall size. Parking stall size shall be as follows: Standard 98_5 feet by 1918 feet (1) (3) Compact 8 feet by 1}16 feet (2) (3) F ee 8 1,12 c__f by 18 c__f (3) Parallel 9 feet by 23 feet Notes: 1. Dimensions may include overhang. See KCC 15.05.090(HF-) for exceptions. 28 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 2. See diagram No. -2-1 following this chapter for typical compact stall placement with required landscape area. 3. Parking stall length may be reduced by a maximum of two (2) feet with corresponding increases in aisle width. B. Minimum design standards and typical parking stall arrangements. For minimum design standards and typical parking stall arrangements, see the diagrams at the end of this chapter. C. Units of measurement. 1. Benches. In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty (20) inches of width of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this title. 2. Fractions. When a unit of measurement determining the number of required parking spaces results in the requirement of a fractional space, any fraction up to but not including one-half (1/2) shall be disregarded and fractions one-half (1/2) and over shall require one (1) parking space. SECTION 6. - Amendment. Section 15.05.090 of the Kent City Code is amended as follows: Sec. 15.05.090. Overhang exception, landscaping, paving, wheel stops, drainage, lighting and curbing. 29 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance A. Landscaping generally. The landscaping requirements of Ch. 15.07 KCC shall apply with respect to off- street parking facilities. B. Landscape islands. Landscape islands with a minimum size of one hundred (100) square feet shall be located in the following areas to protect vehicles and to enhance the appearance of parking areas: 1. At the ends of all parking rows. 2. Where loading doors or maneuvering areas are in close proximity to parking areas or stalls. C. Additional parking lot landscaping. Parkina, maneuvering, and loading areas of over twenty thousand (20,000) souare feet shall have a minimum of ten (10) percent of the Parkina area, maneuverina area, and loadina space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff. Perimeter landscaping, reouired adiacent to property lines, shall not be calculated as part of the ten (10) percent figure. D. Low Impact Design (LID) stormwater management facilities, in accordance with the LID Technical Guidance Manual for Puget Sound (current edition) and applicable city codes, are encouraged to be intearated with Parkina lot landscapina. Clusterina of landscapina is permitted to encourage larger Plantina areas for LID. GE. Paving. 30 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 1_All vehicular maneuvering areas, including but not limited to off- street parking areas, truck and mobile equipment loading, unloading, storage and maneuvering areas, and related accesses to and from public right-of-way shall be paved with asphalt or equivalent material, to be approved by the city engineer or his/her designee. Where it is not otherwise required by codes, ordinances, and standards, permeable surfacing is encouraged where site and soil conditions make LID feasible, as determined by the city. The planning diFeeteF i9gay waive the paving 42. The planning director may waive the paving requirement for Aareas used primarily for the storage and operation of heavy equipment, tracked vehicles, trucks and other large-tire vehicles, where such areas are not generally used for regular deliveries or access by the general public_; aftd -23. Single-family residential driveways shall be paved from the edge of pavement or back of sidewalk on the street serving the driveway to either the front face of the carport or garage, or the first forty (40) feet, whichever is less. All parking areas in the front yard must also be paved in accordance with 15.05.090.E.1. development, e)EEept that at 'east the fiFSt twenty (20) feet of the dFive way shall be paved. 4. Permeable Pavement for surfacing above the minimum. All parkina spaces and associated access driveways that are above the minimum number of spaces required by this chapter shall be constructed of permeable surfacina unless site and soil conditions make permeable surfacina infeasible, as determined by the city. Permeable surfacing shall be designed and constructed in accordance with the LID Technical 31 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Guidance Manual for Puget Sound (current condition), the manufacturer's recommendation, and any applicable city codes and standards. Single family residential development is exempt from this requirement. Permeable paving is not appropriate in the following circumstances: a. Fire lanes, unless the developer provides certification from the manufacturer that the material is capable of meeting fire access requirements; b. Gas stations, truck stops, industrial chemical storage areas, or other locations where concentrated pollutant spills are a hazard; c. Parking lot surfaces with a slope more than five percent; d. Where excessive sediment is likely to be deposited on the surface, such as construction and landscapina material storage areas, or where an erosion prone area is upslope of the permeable surface; e. Where seasonally hiah around water creates prolonged saturation at or near the surface, or where soils can become instable when saturated; and f. In any other situation or application where, based on accepted enaineerina practice or standards, the city determines that Permeable pavina is inappropriate. $F. Wheel stops. Wheel stops, a minimum of two (2) feet from any obstruction or the end of the parking stall, shall be required in the following locations: 32 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 1. Where the parking stall abuts a building or where vehicles may overhang a property line. 2. Where the parking stall abuts a pedestrian walkway of less than six (6) feet in width, baffie . 3. Where a parking stall abuts any physical object which may be impacted (i.e., light standards, fire hydrants, fences, power vaults, utility poles, etc.). 4. Where a hazardous grade difference exists between the parking area and the abutting property. 5. Where other hazardous situations may exist as determined by the city engineer. -EG. Lighting. Any lighting of a parking lot or storage area shall illuminate only the parking lot or storage area. All lighting shall be designed and located so as to avoid undue glare or reflection of light onto adjoining properties or public rights-of-way. Light standards shall not be located so as to interfere with parking stalls, maneuvering areas, or ingress and egress areas. f-H. Vehicle overhang exception. Where sufficient area is available to allow safe and efficient overhang of a vehicle, the planning department may permit the standard parking stall length to be reduced by two (2) feet with corresponding increase in adjacent walkway or landscaping width. fSee . A corresponding increase in adjacent 33 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance landscaping is not necessary if the landscaping is at least ten (10) feet in width. GI. Concrete curb placement. In addition to wheel stop requirements as provided in subsection (D) of this section, all landscape areas within or abutting parking areas shall be separated from the paved area by concrete curbing or other acceptable method as approved by the planning director and the city engineer. Al. Parking structures. Multiple level parking structures, developed either as a single use structure or as parking incorporated into a structure, shall be designed and laid out in accordance with the dimensional and numeric requirements of this chapter. SECTION 7. - Amendment. Section 15.05.100 of the Kent City Code is amended as follows: Sec. 15.05.100. Off-street parking plans. A. Off-street parking plans shall be subject to review and approval by #fie ffPlanning Servicesd:pc -=-`- and the city engineer or his/her designee. The planning Planning Services shall review plans for compliance with the requirements of this title. The city engineer shall review plans based upon the following criteria: 1. Safety and efficiency of interior circulation. 2. Safety of ingress and egress points. 34 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 3. Effects of access on public streets with regard to street capacity, congestion and delay. 4. Compliance with construction standards relating to stormwater runoff. planning diFeeteF. DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS Parking Space Dimensions A an le B stall C stall D aisle E aisle width depth) width, width, one-way two-way Standard 00 9' 23' 12' 20' arallel Standard 8.5' 18' 12' 20' 30° Compact 8' 16' 12.5' 20' Standard 8.5' 18' 14.5' 20' 45° —Compact 8' 16' 14.5' 20' Standard 8.5' 18' 17' 20' 600 Compact 8' 16' 17' 20' Standard 8.5' 18' 24' 24' 900 Compact 8' 16' 24' 24' 35 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance w A = ANGLE �.. a 8 = `WAIDTH /E C = DEPTH b/E • AISLEDT 17 �F,'° WIDTH �, A € G -D € € 6j- 62 # 1 3 DepthWidth 4e f3 f 3 f + f 3 ffeeo feet} f 3 f 3 !RteF AFea 4eek {s ra e f 3 #e(* 82 9-9 23.9 23.9 8:-9 9-9 32.9 20.9 9-9 23.9 2-64 4442 S 3?9 4 6.i 6i.4 3().8 32.9 9 46-.9 i6.;z 449 - 9-9 39.9 5i.8 69.9 12.2 12.0 20.9 -7-.4 ;z 639 2-92 S 3?9 23.4 36.6 i3..3 32.9 20.9 9-6 9 34-2 - 4-.0 19.9 26.3 4 i.i 15.9 12.0 20.9 10.7 17.9 394 39° 8-9 17.0 36.0 26.7 15.4 12.3 20.0 12.0 44.7 247 - 9-9 39.9 9 39.9 3lz.3 32.9 20.9 33.4 36.5 444 S 9 ilz. i3.3 22.t 36.6 i3..5 20.9 33.4 43.6 2-24 - 9-9 39.9 is.() 24.8 38.6 i 3..5 20.9 is.() 3 r.2 2-7�9 4-92 S 9 ilz. i2.4 29.3 ilz.t i3..5 20.9 i4-.9 9 24-2 - 9-9 39.9 44-.9 22.8 39.i i3..5 20.9 isnz 44.6 268 43s S 9 ilz. ii.3 i;z.;z ;z i 4.5 20.9 i4-.8 42.9 299 36 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 4z 493 493 443 �a e 46� 43 39Q S 9 i 7. i&4 4S.2 483 46-5 29.9 46-6 4919 499 - 933 i9-9 44nz 4lz.4 29.3 33-5 29.9 3lz-4 42.2 239 S 9 4;z-9 49 9 43.8 18.4 46.5 20.9 49-9 493 484 - 9-9 i9. 4i3 4S-5 29.6 46.5 29.9 4lz.9 ii.4 2-3;1 694 S 9 ilz. 93 4&8 48:;z 4lz-9 29.9 46.;z S3 443 - 9-.0 49:9 49:4 42.1 21.9 479 70.9 48.7 93 249 6-9 479 8-5 63 48.7 20.0 22.9 473 3-8 469 - 9-.0 49:9 9-6 IL-.6 20.9 20.9 22.9 49.4 63 2-GG 89s S 9 4;z-9 84 3 9 48.i 23.9 24.9 4lz-4 3-9 447 - 933 49.() 94 29.3 23.9 24.9 493 33 483 99s S 9 4;z-9 S$ 3.9 4;z-9 24.9 24.9 4;z-9 9 9 436 - 933 49.() 933 3 9 49.() 24.9 24.9 49.() 9 9 4-74 F G H E _ - G � I L. 37 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance DIAGRAM Z' PERMITTEHn 1 s 9N1EEL _ LIGrt 57AX6AA0 _ I I SiDP 2 � I I I I. I I I � I 1 4 LON PAGE CpYVACT I T ■ t I mMwlGi C0/1PAL? I � I I COMRf LT UMPACT { { I I ® � l I 1 I QLMPALT r ,AMp�� I iz' � � I C4MPACr GOMP44T R•pliFE➢ LnrcoSc�PIHa 6'NIH.NIC TFI FOR J leer Ch�pS�r IS,L] Cily e1 Xm[ Z--Iry C060 RAI$4A ri'.1L% I / Y 1 L7.4 I 1 k I 1 1 I � i �pa�r t ■■■ b c I • I r `4w �a1 I yj I I � I I I I I I I A•xs ' 4 { 38 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance DIAGRAM 2. LOADING AND MANEUVERING AREAS BETWEEN LOADING DOORS � �� ✓�ti Nl�wi a mww�?'r' ✓1 �tui�e�h ✓ ii r+� rs doors �I �,� h�d ,°�m✓ iY �� �._.. ._ ld'IPb ^�m� � p,�����'�1��'"✓x/"� �� '� In � i r � � I� ru ur c✓Iri �"��'.�4�c:��y �S, I{i P��r '" ✓r W� IyV n u � tl Wyk} q r �'" �7 Ir����r�✓w� �� '�� rr�q �I r y d ,rr ! �,� I � SECTIONS. - Amendment. Section 15.07.040 of the Kent City Code is amended as follows: Sec. 15.07.040. General landscape requirements for all zones. 39 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance A. All parking, maneuvering, and loading areas of over twenty thousand (20,000) square feet shall have a minimum of ten (10) percent of the parking area, maneuvering area, and loading space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff. Perimeter landscaping, required adjacent to property lines, shall not be calculated as part of the ten (10) percent figure. B. All ingress or egress easements which provide corridors to the subject lot, not adjacent to a public right-of-way, shall be considered the same as a public right-of-way. Landscape requirements for easement corridors shall be the same as those required adjacent to public rights-of-way. C. All outside storage areas shall be screened by fencing and landscaping a minimum of five (5) feet in depth unless it is determined by development plan review that such screening is not necessary because stored materials are not visually obtrusive. The five (5) foot deep landscaped area can occur within the street right-of-way abutting the property line. D. All portions of a lot not devoted to building, future building, parking, storage, or accessory uses shall be landscaped in a manner appropriate to the stated purpose of this chapter. E. All required landscaping areas shall extend to the curbline or the street edge. A crushed rock path in lieu of landscaping shall be required where appropriate as determined by the planning department. F. Required landscape areas which are inappropriate to landscape due to the existence of rail lines or other features shall be relocated, first, to another lot line, or second, to an equal-sized area in another portion of the 40 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance lot, to be determined by the planning department upon review with the owner or developer. G. Bark mulch, gravel, or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material. Nonvegetative material is not a substitute for plant material. H. Required landscape areas shall be provided with adequate drainage. I. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in order to decrease erosion potential and assist in ease of maintenance. J. The perimeter of all parking areas which abut residential zones or uses shall be landscaped to a minimum depth of three (3) feet with type II landscaping unless otherwise provided by this chapter. A six (6) foot high solid wood or equivalent fence is also required. Substitute fencing, including but not limited to chainlink fence with slats, may be approved by the planning director upon application of the developer and adjacent residential property owners when such fencing shall provide buffering consistent with the purpose and intent of this chapter. The term "adjacent residential property," for purposes of this section, shall mean abutting property, and lots immediately adjacent to abutting property. K. Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety features of landscaping shall be discussed at the time of development plan review, if necessary. 41 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance L. Quantity, arrangement, and types of plants installed shall be appropriate to the size of the required landscape area and purpose of planting area as noted in KCC 15.07.050 pertaining to types of landscaping. M. All trash containers shall be screened from abutting properties and streets by a one hundred (100) percent sight-obscuring fence or wall and appropriate landscaping. N. Landscaping shall be placed outside of sight-obscuring or one hundred (100) percent sight-obscuring fences unless it is determined by the planning department that such arrangement would be detrimental to the stated purpose of this chapter. O. All property abutting Highway 167 or Interstate 5 shall be landscaped to a minimum depth of ten (10) feet unless a larger area is required elsewhere in this chapter. P. All property abutting East Valley Highway between South 180th Street on the north to the SR167 overpass on the south shall be landscaped to a minimum depth of fifteen (15) feet unless a larger area is required elsewhere in this chapter. Q. The use of native and drought tolerant, low water use plants shall be incorporated into landscape design plans. R. Landscape plans shall include where feasible a diversity of native plant species which promote native wildlife habitat. 42 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance S. When irrigation systems are incorporated into a landscaping area, the applicant shall prepare a water use and conservation plan for review and approval by the public works department. T. Landscaping adjacent to required biofiltration systems may be considered part of any required landscaping areas, subject to approval by the planning director and the public works department. Landscaping shall not be permitted within the treatment area of a biofiltration system. The chosen vegetation shall not result in any disruption of bioswale functions at any time. U. Landscaping buffers shall be required adjacent to any above ground stormwater facilities, as required in the city's construction standards, subject to the approval of the public works department. V. The configuration and plant species of landscape areas on a site shall be designed so as to not disrupt the functions of stormwater systems. W. The perimeter of all stormwater detention ponds shall be landscaped to a minimum depth of ten (10) feet of type II landscaping. If perimeter fencing is required based on public works department standards, it shall be constructed of vinyl-coated chainlink or solid screen fencing. The fencing shall be located between the pond and the landscape area. SECTION 9. — Amendment. A new section 15.02.331 is added to the Kent City Code as follows: Sec. 15.02.331. Permeable Surface. 43 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance Permeable surface means a hard, drivable surface designed to allow a high dearee of infiltration of water throuah the pavement. The pavement is usually constructed of concrete, asphalt, or manufactured systems such as interlocking brick or a combination of sand a brick lattice. SECTION 10. - 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 11. - 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 12. - 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 44 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance 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 PVCivilAOrmmceV1505OPShe Parking end LoadingA eas doc 45 Amend Title 15 Off-Street Parking and Loading Areas - Ordinance KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: August 21, 2012 SUBJECT: Permit Process Procedures and Requirements, Kent City Code Amendment, Ordinance - Adopt MOTION: Adopt Ordinance No. , amending Chapters 12.01, 12.04, and 2.32 Kent City Code, related to permit process procedures and requirements. SUMMARY: These amendments to the Kent City Code relate to Development Regulations and include items that clarify permit process procedures, streamline permit review, and update the code for consistency with state laws and regulations. The amendments are undertaken as part of the City Council's initiative to transform regulatory processes in order to increase operating efficiencies. The amendments include changes to pre-application requirements, permit vesting, application re-submittal procedures, procedures for ready-to-issue-permits, and expiration of permits. 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 chapters 12.01, 12.04, and 2.32, of the Kent City Code, specifically sections 12.01.020, 12.01.030, 12.01.040, 12.01.050, 12.01.060, 12.01.070, 12.01.080, 12.01.100, 12.01.105, 12.01.110, 12.01.120, 12.01.125, 12.01.140, 12.01.145, 12.01.160, 12.01.180, 12.01.195, 12.04.195, and 2.32.130, repealing section 12.04.193, and adding new sections 12.01.115 and 12.01.185; related to administration of development regulations, including the general permit process, public notice requirements and expiration timelines [ZCA-2011- 1(B)]. 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 Chapters 12.01, 12.04, and 2.32, Kent City Code (KCC), are necessary to reflect an improved permitting process, provide clarification, reflect updated state 1 Administration of Development Regulations Ordinance regulations, and ensure development standards reflect the intent of the subject code provisions. C. The Department of Economic and Community Development finds it impractical to require pre-application conferences for all projects with environmental review, but pre-application conferences should be encouraged for complex projects or for applicants who are unfamiliar with city processes. D. The Department of Economic and Community Development is able to deem project permit applications complete at permit intake, allowing complete applications to vest to land use regulations in effect at that time. E. Applications for known code deviations and variances assist in fully defining and evaluating a project, and must be submitted in conjunction with the associated project permit application. F. Criteria should be established to allow an applicant to request additional time within which to resubmit corrected information for a project permit, after the city determines that some information is incorrect. G. Procedures should be established to limit the time an applicant has to pick up a permit that is ready to issue, before the application lapses. H. The continued validity of permit applications and issued permits or land use approvals should be more clearly defined, in order to prevent permits and land use approvals from remaining valid indefinitely, 2 Administration of Development Regulations Ordinance when no work under the permit or land use approval is being actively undertaken for an extended period of time. I. The Economic and Community Development Director should be authorized to allow additional time extensions for permit review and permit approvals, in rare and unique circumstances when the delay is beyond the control of the applicant. J. 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. K. On August 2, 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 August 4, 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. L. The Land Use and Planning Board held workshops on August 8, 2011, February 27, 2012, and March 12, 2012 regarding this issue. M. The Land Use and Planning Board held public hearings on March 26, 2012 and June 25, 2012 regarding this issue. The Economic and Community Development Committee entertained a presentation by Planning staff concerning this matter at its July 9, 2012 meeting and considered this matter at its August 13, 2012 meeting, and the city council considered this matter at its August 21, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 3 Administration of Development Regulations Ordinance ORDINANCE SECTION 1. - Amendment. Section 12.01.020 of the Kent City Code is amended as follows: Sec. 12.01.020. Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. A. Closed record appeals are administrative appeals under Chapter 36.7013 RCW which are heard by the city council or hearing examiner, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal arguments allowed. B. Judicial appeals are appeals filed by a party of record in King County superior court. C. Open record hearing means a hearing held under Chapter 36.7013 RCW and conducted by the Kent hearing examiner who is authorized by the city to conduct such hearings, that creates the city's record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held prior to the city's decision on a project permit to be known as an 'open record predecision hearing." An open record hearing may be held on an appeal, to be known as an 'open record appeal hearing," if no open record predecision hearing has been held on the project permit. D. Parties of record means: 4 Administration of Development Regulations Ordinance 1. The applicant; 2. The property tax payer as identified by the records available from the King County assessor's office; 3. Any person who testified at the open record public hearing on the application; and/or 4. Any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). E. Project permit means any land use or environmental permit or license required from the city of Kent for a project action, including but not limited to building permits, site development permits, site plan review, land use preparation permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, site-specific rezones authorized by the comprehensive plan; but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection. F. Planning director means the director of the planning department of the city of Kent or his/her designee. G. Public meeting means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or 5 Administration of Development Regulations Ordinance other agencies on a proposed project permit prior to the city's decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, such as the short subdivision committee, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city's project permit application file. SECTION 2. - Amendment. Section 12.01.030 of the Kent City Code is amended as follows: Sec. 12.01.030. Application processes and classification. A. Application processes. Project permit applications for review pursuant to this chapter shall be classified as a Process I, Process II, Process III, Process IV, or Process V action. Process VI actions are legislative. Project permit applications and decisions are categorized by type as set forth in KCC 12.01.040. B. Determination of proper process type. The planning Fman}eFdirector shall determine the proper process types for all applications. If there is a question as to the appropriate process type, the planning nganageFdirector shall resolve it in favor of the higher process type number. Process I is the lowest and Process VI is the highest. C. Optional consolidated permit processing. An application that involves two (2) or more process types may be treated collectively under the highest numbered process type required for any part of the application or treated individually under each process type identified by the chapter. An applicant may ask that his or her application be treated collectively or 6 Administration of Development Regulations Ordinance individually. If the application is administered under the individual process option, the highest numbered process procedure must be finalized prior to the subsequent lower numbered process being finalized. If the application is processed under the individual procedure option, there shall be no more than one (1) open record hearing and no more than one (1) closed record appeal for all application processes. Open record hearings and closed record appeals must be consolidated under the higher process type number. An application for rezone may be processed separately from an application for another project permit. D. Decision maker(s). Applications processed in accordance with subsection (C) of this section which have the same highest numbered process type but are assigned different hearing bodies shall be heard collectively by the highest decision maker(s). The city council is the highest, followed by the hearing examiner, and then the short subdivision committee and the downtown design review committee. Joint public hearings with other agencies shall be processed according to KCC 12.01.060, Joint public hearings. E. Environmental review. Process I, II, III, IV, and V permits which are subject to environmental review under SEPA (Chapter 43.21C RCW) are subject to the provisions of this chapter. An environmental checklist shall be submitted in conjunction with the submittal of a project permit application. One (1) environmental threshold determination shall be made for all related project permit applications. The city will not issue a threshold determination, other than a DS, prior to the submittal of a complete project permit application and the expiration of the public comment period for the notice of application pursuant to KCC 12.01.140, but may utilize the public notice procedures as outlined in KCC 11.03.410(A)(1) to consolidate public notice. 7 Administration of Development Regulations Ordinance SECTION 3, - Amendment. Section 12.01.040 of the Kent City Code is amended as follows: Sec. 12.01.040. Project permit application framework. A. Process types. The following table lists the process types, the corresponding applications, and parenthetically, the corresponding final decision maker and appellate body. Process I Process II Process III Process IV Process Process VI V Applications Zoning permit Administrative Conditional use Planned unit Final Zoning of newly review(1)(7) design review(1) permit(5)(10) development(6) plat(6) annexed lands(6) (7) (10)with change (10) (10) of use Performance Shoreline Sign variance(5) Special use Area-wide rezones standards substantial (10) combining to implement new procedures development district(6)(10) city policies(6)(10) (1)(7) permit(1)(9) Sign permit Accessory Special home Rezone(6)(10) Comprehensive (1)(7) dwelling unit occupation plan amendments permit(1)(7) permit(5)(10) (6)(10) Lot line Administrative Variance(5)(10) Development adjustment variance(1)(7) regulations(6)(10) (1)(7) Administrative Downtown design Shoreline Zoning map interpretation review,all except conditional use amendments(6) (1)(7) for minor remodels permit(5)(9) (10) (3)(7) Application Downtown design Shoreline Zoning text conditional review,only minor variance(5)(9) amendments(6) certification remodels(1)(7) (10) multifamily to exemption (12)(8),all other multifamily to exemption (12)(7) Development Midway design Preliminary plat plan review review(1)(7) (5)(4LO) (planning director, building official,or public works 8 Administration of Development Regulations Ordinance director)(7) Site plan Midway design review review(1)(7) (planning director, building official,or public works director(71 Administrative Binding site plan approvalNVTF (2)(7) (1)(7) Mobile home Short subdivision Planned unit park closure (4)(7) development(5) (11)(7) (10)without a change of use (1)Final decision made by planning director. (7)Appeal to hearing examiner. (2)Final decision by binding site plan committee. (8)Appeal to city council. (3)Final decision made by downtown design review committee. (9)Appeal to shoreline hearings board. (4)Final decision made by short subdivision committee. (10) No administrative appeals. (5)Final decision made by hearing examiner. (11) Final decision made by manager of housing (6)Final decision made by city council. and human services. 12 Final decision made by economic community development director. B. Process procedures. The following table lists the process types and the corresponding procedures. Project Permit Applications(Processes I—V) Legislative Process I Process 11 Process III Process IV Process Process VI V Regy Fes PF@ ve fQF PFQj@GtG Y-es.-fec Y-es.-fec Yes 4G 4G appGsatiea F@GIU F Rg 9EPA Acej@GtG Pcej@GtG seafereas@ review reclekiag reclekiag evon , eon feV I'A' Notice of Yes,for projects Yes,for Yes No No application: requiring SEPA projects review requiring SEPA review, short plats, and shoreline substantial development permits Recommendation N/A N/A N/A Hearing N/A Land use and made by: examiner planning board Final decision Planning Planning Hearing City council, City City council made by: araaagec jrector, araaagec examiner based upon council building official, director, record made public works downtown before hearing director,economic design review examiner &community committee, development binding site 9 Administration of Development Regulations Ordinance director or plan manager of committee, or housing and short human services as subdivision applicable committee, as noted in KCC 12.01.140 Open record Yes,if appealed, Yes,if No No No No appeal: then before appealed, hearing examiner then before hearing examiner Open record No No Yes, before Yes,before No Yes, before land hearing: hearing hearing examiner use and planning examiner to make board to make to make recommendation recommendation final to council to city council, decision and/or before city council Reconsideration: No No Yes,of Yes,of hearing No No hearing examiner's examiner's recommendation decision Closed record Only if appeal of Only if Only if No No No appeal: denial of appealed, appealed, multifamily then before then before conditional the shoreline the certificate,then hearings shoreline before the city board if hearings council applicable board if applicable Judicial appeal: Yes Yes Yes Yes Yes Yes SECTION 4, - Amendment. Section 12.01.050 of the Kent City Code is amended as follows: Sec. 12.01.050. Exemptions from project permit application processing. A. Genera/ exemptions. The following permits or approvals are specifically excluded from the notification and PFGr=edffes procedural requirements set forth in this chapter: 1. Landmark designations; 10 Administration of Development Regulations Ordinance 2. Street vacations; and 3. Street use permits. 4. Pursuant to RCW 36.70B.140(2), boundary line adjustments, building permits, and other construction permits, which are categorically exempt from environmental review under SEPA or that do not require street improvements or for which environmental review under SEPA has been completed in connection with other proiect permits. For example, if public notice and environmental review for a proiect was completed with an initial application for a proiect permit, a subsequent application for a different permit for the same proiect is specifically excluded from the public notification and procedures set forth in this chapter and would be subiect to the procedures and regulations related specifically to that subsequent permit, for example Ch. 14.01 KCC for an application for building permit. 5. Administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the city's SEPA/environmental policy ordinance, Chapter 11.03 KCC, or for which environmental review has been completed in connection with other project permits. SECTIONS. - Amendment. Section 12.01.060 of the Kent City Code is amended as follows: Sec. 12.01.060. Joint public hearings. A. Planning managefdirector's decision to hold joint hearing. The planning FnanageFdirector may combine any public hearing on a project 11 Administration of Development Regulations Ordinance permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: 1. The other agency consents to the joint hearing; 2. The other agency is not expressly prohibited by statute from doing so; 3. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; 4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and 5. The hearing is held within the Kent city limits. B. Applicants request for a joint hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings. SECTION 6. - Amendment. Section 12.01.070 of the Kent City Code is amended as follows: Sec. 12.01.070. Process VI legislative actions. 12 Administration of Development Regulations Ordinance A. Legislative actions. The following process VI actions are legislative, and are not subject to the notification andr-==procedural reouirements in this chapter, unless otherwise specified: 1. Zoning newly annexed lands; 2. Area-wide rezones and zoning map amendments to implement city policies; 3. Comprehensive plan text amendments; 4. Comprehensive plan map amendments; 45. Development regulations and zoning text amendments; and -56. Other similar actions that are non-project related. SECTION 7, - Amendment. Section 12.01.080 of the Kent City Code is amended as follows: Sec. 12.01.080. Pre-application conference. A. Applicability. The purpose of a pre-application conference is to provide city staff with a sufficient level of detail about a proposal prior to submittal of a proiect permit application so that the city staff can acquaint the applicant with the requirements of the Kent City Code. Pre-application conferences are FequiFedencouraaed for Process I, II, III, and IV permits which require environmental review, and for projects that are complex or where applicants are unfamiliar with city codes, ordinances and procedures. 13 Administration of Development Regulations Ordinance B. Pre-application conference initiation. To initiate a pre-application conference, an applicant shall submit a completed form provided by the city and all information pertaining to the proposal as prescribed by administrative procedures of the planning services off iced=pc Ftffie-` Failure to provide all pertinent information may prevent the city from identifying all applicable issues or providing the most effective pre- application conference. C. Scheduling. A pre-application conference may be conducted at any point prior to application for a project permit. A pre-application conference shall be scheduled by the city at the time of submittalwithin five (5) WONEing days of a completed pre-application conference request. The pre- application conference shall be held within thirty (30) calendar days of the receipt of a completed request, unless the applicant agrees to an extension of this time period in writing. D. At the conference the applicant may request the following information be provided: 1. A form which lists the requirements of a complete project permit application; 14 Administration of Development Regulations Ordinance 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions on development; and 4. The city's design guidelines. E. It is impossible for the conference to be an exhaustive review of all potential issues. The discussion at the conference or the form sent to the applicant under subsection (D)(1) of this section shall not bind or prohibit the city's future application or enforcement of the applicable law. SECTIONS. - Amendment. Section 12.01.100 of the Kent City Code is amended as follows: Sec. 12.01.100. Submission and acceptance of application. A. Determination of completeness. A proiect permit application consistent with instructions for a complete application is deemed complete upon acceptance by the permit center. Within twenty eight (28) ealendaf 15 Administration of Development Regulations Ordinance _=...p._=_..___ Acceptance of a project permit application shall be made when mmeans that the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The eity's dete....:..atiG~ 8 -g-I-`----- Acceptance of a proiect permit application shall not preclude the city from requesting additional information or studies eitheF at the tinge of the nett a of plet .~ess , at senge late~ tinge, if new information is required or where there are substantial changes in the proposal. G. Pfeeedure for- "ineempiete applications. eeFnplete, the applieant shall have up te ninety (90) ealendaF days te days afteF an app"Eant has submitted the Fequested additional same n9an n eF. 16 Administration of Development Regulations Ordinance mete the date ef aeeeptanee. -E-B. Project review. Following a determination that an application is complete, the city shall begin project review. SECTION 9, - Amendment. Section 12.01.105 of the Kent City Code is amended as follows: Sec. 12.01.105. Application vesting. A project permit application shall vest upon __engple}= 'acceptance of a complete project permit application, as defined in KCC 12.01.100, provided that the applicant also includes a concurrent submittal of a fully completed application for any known code deviations or variances required for the proposed proiect. A proiect permit application that contains a knowing misrepresentation or an omission of material fact shall not vest any development riahts. Vesting shall apply to land use regulations in effect on the land at the time a fully completed project permit application has been accepted as complete pursuant to KCC 12.01.100(DA). SECTION 10. - Amendment. Section 12.01.110 of the Kent City Code is amended as follows: 17 Administration of Development Regulations Ordinance Sec. 12.01.110. Procedure for complete, but "incorrect applications." A. Following submittal-- deteffAinatien of a complete application and the commencement of project review, the city may make a determination in writing that some information is incorrect, and that corrected information be submitted. The applicant shall have up to ff++ety--H,93one hundred eiahty (180) calendar days to submit corrected information (deemed the "resubmittal period"). The applicant shall submit concurrently all of the corrected information that was requested. The plannina director may, in writina, extend the resubmittal period for up to an additional one hundred eighty (180) days if the applicant can demonstrate a good faith effort to comply with the resubmittal request. Evidence of an applicant's good faith efforts shall include the following: 1. Length of time since the initial permit application; 2. Time period the applicant had to submit corrected information; 3. Availability of necessary information; 4. Potential to provide necessary information within the extended resubmittal period; 4. Reason for the applicant's delay; and 6. Applicant's reasonable reliance on an expectation that the application would not expire. 18 Administration of Development Regulations Ordinance The Economic & Community Development Director may authorize additional time extensions of the resubmittal period in rare or unique circumstances when the inability of the applicant to comply within the resubmittal period is due solely to factors outside of the applicant's control, including but not limited to unusual delay in obtaining permits or approvals from other agencies or iurisdictions. B. The city shall have fourteen (14) calendar days to review the submittal of corrected information. If the corrected information is still not sufficient, the city shall notify the applicant in writing that the submitted information is incorrect, and the resubmittal period set forth in subsection (A) of this section shall be repeated. This process may continue until complete or corrected information is obtained. C. If the applicant within the resubmittal period either refuses in writing to submit corrected information,_ a-r—does not submit the corrected information within the resubmittal period, or submits only a portion of the corrected information that was requested, the application shall lapse. This does not preclude the applicant from working with individual divisions of the city for informal review of a portion of the requested corrected information within the resubmittal period. period as of May 21, 2009 eF ::•.".'. b===igg= s Weet }_ the subig ittal peFied afteF Play 21, 2009, and befOFe DeEengbeF 31, 2009, shall have unto' Beeengber 31, • 19 Administration of Development Regulations Ordinance -ED. If the requested corrected information is sufficient, the city shall continue with project review, in accordance with the time calculation exclusions set forth in KCC 12.01.180. SECTION 11. - Amendment. A new section 12.01.115 is added to the Kent City Code as follows: Sec. 12.01.115. Procedure for ready to issue permits. A. Following the end of proiect review, the city will notify the applicant that the permit is ready to issue. The applicant shall have up to one hundred eiahty (180) calendar days to obtain the permit after notification that it is ready to issue (deemed the "period for permit pick-up"). The plannina director may, in writina, extend the period for permit pick-up for up to an additional one hundred eiahty (180) days if the applicant can demonstrate a good faith effort to pick up the permit. Evidence of an applicant's good faith efforts shall include the following: 1. Length of time since the initial permit application; 2. Reason for the applicant's delay; and 3. Applicant's reasonable reliance on an expectation that the application would not expire. The Economic & Community Development Director may authorize additional time extensions of the period for permit pick-up in rare or unique circumstances when the inability of the applicant to comply within the period for permit pick-up is due solely to factors outside of the applicant's control, includina but not limited to unusual delay in obtaining permits or approvals from other agencies or iurisdictions. 20 Administration of Development Regulations Ordinance B. If the applicant within the period for permit pick-up either refuses in writina to pick up the permit or does not pick up the permit after notification by the city that the permit was ready to issue, the application shall lapse. SECTION 12. - Amendment. Section 12.01.120 of the Kent City Code is amended as follows: Sec. 12.01.120. Referral and review of project permit applications. Within ten (10) calendar days of accepting a complete application, the planning Fman}eFdirector shall do the following: A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state, federal, and county requirements. The affected agencies and city departments shall have fifteen (15) calendar days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The planning Fnan}eFdirector shall grant an extension of time only if the application involves unusual circumstances. Any extension shall only be for a maximum of three (3) additional calendar days. SECTION 13. - Amendment. Section 12.01.125 of the Kent City Code is amended as follows: 21 Administration of Development Regulations Ordinance Sec. 12.01.125. Notification of proximity to agricultural resource lands. Fejeet ~e~•~'} a~~"eants °For all plats, short plats, development permits, and substantial building permits for residential development activities on or within five hundred (500) hundred feet of land designated as agricultural resource lands within the city of Kent, or the comparable land use designation within unincorporated King County, the city shall be infeffiged inform the by `_he ='.`_ proiect permit applicant of the proximity to agricultural resource lands on which commercial agricultural activities may occur that are not compatible with residential development for certain periods of limited duration. SECTION 14. - Amendment. Section 12.01.140 of the Kent City Code is amended as follows: Sec. 12.01.140. Notice of application. A. Notice of application. A notice of application shall be issued for Process I and Process II permits requiring SEPA review, short plats, shoreline substantial development permits, and all Process III and Process IV applications within fourteen (14) calendar days following submittal of a complete application eeiggpleteness PUFF aRt `e 93�68(A)• provided that if any open record hearing is required for the requested project permit(s), the notice of application shall be provided at least fifteen (15) calendar days prior to the open record hearing. One (1) notice of application will be done for all permit applications related to the same project at the time of the earliest complete permit application. 22 Administration of Development Regulations Ordinance B. SEPA exempt projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record pre-decision hearing is required. C. Contents. The notice of application shall include: 1. The case file number(s), the date of application, the-date-e the .,eteF199i alien of eeiggpleteness f.._ the applieatien, and the date of the notice of application; 2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested by the review authority pursuant to RCW 36.7013.070 and WAC 173-27-180; 3. The identification of other permits not included in the application, to the extent known by the city; 4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement of the limits of the public comment period, which shall be not less than fourteen (14) nor more than thirty (30) calendar days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights; 23 Administration of Development Regulations Ordinance 6. The tentative date, time, place, and type of hearing. The tentative hearing date is to be set at the time of the date of notice of the application; 7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in KCC 12.01.150; S. The name of the applicant or applicant's representative and the name, address, and telephone number of a contact person for the applicant, if any; 9. A description of the site, including current zoning and nearest road intersections, reasonably sufficient to inform the reader of its location; and 10. Any other information determined appropriate by the city, such as a IDS, if complete at the time of issuance of the notice of application or the city's statement of intent to issue a DNS pursuant to the optional DNS process set forth in WAC 197-11-355. D. Mailing of notice of application. The city shall mail by hard copy or e- mail a copy of the notice of application to the following: 1. Agencies with jurisdiction; and 2. Any person who requests such notice in writing delivered to the planning services office; and 24 Administration of Development Regulations Ordinance 3. Applicant. E. Public comment on the notice of application. All public comments received on the notice of application must be received by the planning services offic 4eVic `-:-=-=4 by 4:30 p.m. on the last day of the comment period. Comments may be mailed, personally delivered, or sent 43-y far=s;m"eelectronically. Comments should be as specific as possible. F. Posted notice of application. In addition to the mailed notice of application, the city will post notice of application at Kent City Hall, and in the register for public review at the planning services office. The applicant shall be responsible for posting the property for site-specific proposals with notice boards provided by the city. Public notice shall be accomplished through the use of a four (4) by four (4) foot plywood face generic notice board to be issued by Public Works Operations followina payment of the public notice board fee at the time of application submittal. the planning eeuneil and available at the planning seFViees effiee. 1. Posting. Posting of the property for site-specific proposals shall consist of one (1) or more notice boards as follows: a. A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property. b. Each notice board shall be visible and accessible for inspection by members of the public. 25 Administration of Development Regulations Ordinance C. Additional notice boards may be required when: (1) The site does not abut a public road; or (2) Additional public notice boards are required under other provisions of the Kent City Code; or (3) The planning +manatgeFdirector determines that additional notice boards are necessary to provide adequate public notice. d. Notice boards sheu'dshall be: (1) Maintained in good condition by the applicant during the notice period; (2) In place prior to the start of the public comment period Eengn9ent penied; and (3) Removed by the applicant after expiration of the applicable notice period or the last public meeting or last public hearing on the application, whichever is later. e. Notice boards that are removed, stolen, or destroyed prior to the end of the notice period may be cause for discontinuance of the departmental review until the notice board is replaced and remains in place for the specified time period. The city shall notify the applicant when it comes to their attention that notice boards have been removed prematurely, stolen, or destroyed. 26 Administration of Development Regulations Ordinance f. An affidavit of posting shall be submitted by the planning directory at least seven (7) calendar days prior to the hearing. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application may be postponed in order to allow compliance with this notice requirement. g. Notice boards shall be constructed and installed in accordance with specifications determined by the planning d i recto rma nageF. h. SEPA information shall be added by the city to the posted sign within applicable deadlines. An affidavit of posting shall be submitted by the planning director. G. Published notice of application. Published notice of application in afrthe City's official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as subsequently amended the aFea .,heFe the PF ... sal is leEated is required for Process I and II permits requiring SEPA review, short plats and Process III, IV, and V permits, except subdivision final plat applications. Published notice shall include at least the following information: 1. Project location; 2. Project description; 3. Type of permit(s) required; 4. Comment period dates; and 27 Administration of Development Regulations Ordinance 5. Location where the complete application and notice of the application may be reviewed. H. Shoreline master program permits. 1. Notice of the application e#for a permit under the purview of the city's shoreline master program shall be given in accordance with the requirements of Ch. 11.04 KCC, the Kent shoreline Fmanageffient master program. SECTION 15. - Amendment. Section 12.01.145 of the Kent City Code is amended as follows: Sec. 12.01.145. Notice of open record hearing. A. Notice of open record hearing for all types of applications. The notice given of an open record hearing required in this chapter shall contain: 1. The name of the applicant or the applicant's representative; 2. Description of the affected property, which may be in the form of either a vicinity location sketch or written description, other than a legal description; 3. The date, time, and place of the hearing; 4. The nature of the proposed use or development; 28 Administration of Development Regulations Ordinance 5. A statement that all interested persons may appear and provide testimony; 6. When and where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be submitted; 7. The name of a city representative to contact and the telephone number where additional information may be obtained; S. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the cost of reproduction; and 9. That a copy of the staff report will be available for inspection at no cost at least five (5) calendar days prior to the hearing and copies will be provided at the cost provided for in the city's public record disclosure policy. B. Mailed notice of open record hearing. Mailed notice of the open record hearing shall be provided by the city in hard copy or e-mail as follows: 1. Process I, II and V actions. No public notice is required because an open record hearing is not held. Notice for short plat meetings is mailed to property owners within two hundred (200) feet. Shoreline permit notices shall be in accordance with the requirements of WAC 173- 27-110. 29 Administration of Development Regulations Ordinance 2. Process III and IV actions. The notice of open record hearing shall be mailed to: a. The applicant; b. All owners of real property as shown by the records of the county assessor's office within three hundred (300) feet of the subject property; and C. Any person who submits written comments, delivered to the planning services officeeffiees, regarding the project permit. 3. Process IV preliminary plat actions. In addition to the general notice of open record hearing requirements for Process IV actions above, additional notice shall be provided as follows: a. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two (2) miles of the boundary of a state or municipal airport shall be given to the Secretary of Transportation, who must respond within fifteen (15) calendar days of such notice. b. Special notice of the hearing shall be given to adjacent land owners by any other reasonable method the city deems necessary. Adjacent land owners are the owners of real property, as shown by the records of the King County assessor, located within three hundred (300) feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) 30 Administration of Development Regulations Ordinance shall be given to owners of real property located within three hundred (300) feet of such adjacently owned parcels. 4. Process VI actions. For Process VI legislative actions, the city shall publish notice as described in subsections (C) and (D) of this section, and use all other methods of notice as required by RCW 35A.12.160. For privately proposed amendments to the comprehensive plan land use map, notice of the open record hearing shall be mailed to: a. The applicant; b. All owners of real property as shown by the records of the county assessor's office within three hundred (300) feet of the affected property; and b. Any person who has requested notice. For revised geographic scope of the privately proposed land use—plan map amendments, notice of the open record hearing shall be given by notification of all property owners within the revised land use Ip an map amendment area. C. Procedure for posted or published notice of open record hearing. 1. Posted notice of the open record hearing is required for all Process III and IV actions. The posted notice of hearing shall be added to the sign already posted on the property pursuant to KCC 12.01.140(F). 2. Published notice of the open record hearing is required for all Process III and IV procedures. The published notice shall be published ++l-a 31 Administration of Development Regulations Ordinance in the city's official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as subseguently amended and contain the following information: a. Project location; b. Project description; c. Type of permit(s) required; d. GengFigent peFied date Date, time and location of the hearing; and e. Location where the complete application may be reviewed. 3. Published notice of the open record hearing is required for all Process VI procedures. The notice shall be published in a newspapeFe# geneFal EiFftllatien within thethe citv's official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as subseguently amended and, in addition to the information required in C.2 of this section, shall contain the project description and the location where the complete file may be reviewed. D. Time and eestof notice of open record hearing. 1. Notice shall be mailed, posted and first published not less than ten (10) calendar days prior to the hearing date. Any posted notice and notice boards shall be removed by the applicant within seven (7) calendar days following the conclusion of the open record hearing(s). 32 Administration of Development Regulations Ordinance SECTION 16. - Amendment. Section 12.01.147 of the Kent City Code is amended as follows: Sec. 12.01.147. Notice of city council meetings on project permit applications. The city shall mail Mailed notice by hard copy or e-mail of city council meetings on Process IV and VI project permit applications shall be PFevided by the eity to parties of record. SECTION 17. - Amendment. Section 12.01.160 of the Kent City Code is amended as follows: Sec. 12.01.160. Open record hearings. A. General. Open record hearings shall be conducted in accordance with this section. B. Responsibility of the planning manager director for hearing. The planning ngan}eFdirector shall: 1. Schedule an application for review and public hearing; 2. Give notice (applicant responsible for some of the notice requirements); 3. Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record pre-decision hearing. The 33 Administration of Development Regulations Ordinance report shall state any mitigation required or proposed under the development regulations or the city's authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. In the case of a Process I or II project permit application, this report may be the permit; and 4. Prepare the notice of decision, if required by the hearing body, and/or mail by hard copy or e-mail a copy of the notice of decision to those required by this code to receive such decision. C. Burden and nature of proof. Except for Process VI actions, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city's development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed. D. Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. 1. Before receiving information on the issue, the following shall be determined: a. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate; and 34 Administration of Development Regulations Ordinance b. Any abstentions or disqualifications shall be determined. 2. The presiding officer may take official notice of known information related to the issue, such as: a. A provision of any ordinance, resolution, rule, officially adopted development standard or state law; and b. Other public records and facts judicially noticeable by law. 3. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting that a matter be officially noticed shall do so on the record; however, the hearing body, on its own accord, may take notice of matters listed in subsections (D)(1) and (D)(2) of this section if stated for the record. Any matter given official notice may be rebutted. 4. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner, and circumstances of such view on the record. 5. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony. 35 Administration of Development Regulations Ordinance 6. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided. 7. When the hearing body is unable to formulate a recommendation on a project permit, the hearing body may decide to forward the project permit to the city council to render a decision without a recommendation. E. Recommendation/decision. The hearing body shall issue a recommendation or decision, as applicable, within fourteen (14) calendar days of the record being closed. F. Reconsideration by hearing examiner. Reconsideration is not authorized for Process I and Process II applications. A party of record may ask for a reconsideration of a decision by the hearing examiner for a Process III action or a recommendation by the hearing examiner for a Process IV action. A reconsideration may be requested if either: 1. A specific error of fact or law can be identified; or 2. New evidence is available which was not available at the time of the hearing. A request for reconsideration shall be filed by a party of record within five (5) working days of the date of the initial decision/recommendation. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances governing the type of application being reviewed. A Fequest F_. . ___Rr0d_.^t0_.. t_ p ff ily suspends the appeal 36 Administration of Development Regulations Ordinance e The hearing examiner shall promptly review the reconsideration request and within five (5) working days issue a written response, either approving or denying the request. if the _ sideF-"-- is denied the , a-For purposes of riahts to appeal pursuant to Chapter 36.70C RCW only, if a request for reconsideration is timely filed by a party of record, the decision of the hearina examiner is not final until after a decision on reconsideration is issued. SECTION 18. - Amendment. Section 12.01.180 of the Kent City Code is amended as follows: Sec. 12.01.180. Time limitations. A. Calculation of time periods for issuance of notice of final decision. In determining the number of calendar days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the one hundred twenty (120) day time limit in KCC 12.01.070 for issuance of the notice of decision, the following periods shall be excluded: 1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, provide additional required information, or otherwise requires the applicant to act. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen (14) calendar days after the date the information has been provided to the city; 37 Administration of Development Regulations Ordinance 2. Any period during which the city determines that the information submitted by the applicant under KCC 12.01.100 and 12.01.110 is insufficient or incorrect and has requested the applicant to provide sufficient or correct information; 3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement; 4. Any period for administrative appeals of project permit applications, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed: a. Ninety (90) calendar days for an open record appeal hearing; or b. Sixty (60) calendar days for a closed record appeal. The parties may agree to extend these time periods; and 5. Any extension of time mutually agreed upon by the applicant and the leeal cam. B. Time limit exceptions. The time limits established in this section do not apply if a project permit application: 38 Administration of Development Regulations Ordinance 1. Requires an amendment to the comprehensive plan or a development regulation; 2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete pursuant to KCC 12.01.100. C. Failure to meet time limit. If the city is unable to issue its final decision within the time limits provided in this chapter, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision. The city is not liable for damages due to the city's failure to make a final decision within the time limits established in this chapter. SECTION 19. — Amendment. A new section 12.01.185 is added to the Kent City Code as follows: Sec. 12.01.185. Expiration of permits. A. Absent statute or ordinance provisions to the contrary, Process I and II proiect permit applications listed in 12.01.050 that are not subiect to the notification and procedural requirements of this chapter and for which no substantial steps have been taken to meet approval requirements including permit issuance or final decision for a period of three hundred sixty-five (365) days after submittal of the initial application will expire and 39 Administration of Development Regulations Ordinance become null and void. The applicatian and instructian farms will reference the expiratian standards of this sectian where applicable. Substantial steps include, but are not limited to due diligence in submitting complete and correct resubmittals or due diligence in satisfying the requirements for recordation of lot line adiustments. The plannina director may arant a one hundred eiahty (180) day extension in writina on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. Provisions of this section do not exempt the city from the time periods for actions under RCW 36.70B.080 and 12.01.180 KCC. B. Absent statute or ordinance provisions to the contrary, permits or land use approvals listed in 12.01.040 of this chapter for which the use is not beaun or the work is not completed within three hundred sixty-five (365) days after permit issuance or final decision will expire and become null and void. The issued permit ar land use appravals will clear) sy fate this requirement for ex irp atian where applicable. The plannina director may arant a one hundred eiahty (180) day extension in writing on a one- time basis if the failure to begin the use or complete the work was due to circumstances beyond the control of the applicant. C. Site plan review approvals will expire and become null and void one hundred eiahty (180) days after approval unless: 1. Proiect permit applications for development of a substantial portion of the site plan remain valid; or 2. Proiect permits for development of a substantial portion of the site plan remain valid. 40 Administration of Development Regulations Ordinance D. The Economic & Community Development Director may authorize additional time extensions in rare or unique circumstances when the delay is outside of the applicant's control, including but not limited to unusual delay in obtaining permits or approvals from other agencies or iurisdictions. SECTION 20. - Amendment. Section 12.01.195 of the Kent City Code is amended as follows: Sec. 12.01.195. Closed record appeal. A. This section shall allow for closed record appeals as provided in the framework of KCC 12.01.040. A closed record appeal hearing shall be on the record before the hearing body and no new evidence may be presented, unless the new evidence is limited to information that could not have been placed on the record previously. B. Administrative appeals. Only parties of record may initiate an administrative appeal on a project permit application. C. Time to file. An appeal must be filed within fourteen (14) calendar days following issuance of the notice of decision. Appeals must be delivered to the planning services office by mail, personal delivery, or FeEeived by ° :electronically before 4:30 p.m. on the last business day of the appeal period. D. Computation of time. For the purposes of computing the time for filing an appeal, the day the notice of decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a 41 Administration of Development Regulations Ordinance Saturday, Sunday, a day designated by RCW 1.16.050, or by the city's ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day (RCW 35A.21.080). E. Content of appeal. Appeals shall be in writing on forms provided by the city, be accompanied by an appeal fee as set by the city council, and contain the following information: 1. Appellant's name, address, and phone number; 2. Appellant's statement describing his or her standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant's statement of grounds for appeal and the facts upon which the appeal is based; 5. The relief sought, including the specific nature and extent; and 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. F. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the hearing examiner or city council. 42 Administration of Development Regulations Ordinance G. Order of proceedings. The closed record appeal shall only be open for oral argument by the parties to the appeal. H. Burden ofproof. The burden of proof is on the appellant. SECTION 21. - Amendment. Section 12.04.193 of the Kent City Code, entitled "City council closed record appeal" is repealed in its entirety. SECTION 22. - Amendment. Section 12.04.195 of the Kent City Code is amended as follows: Sec. 12.04.195. Appeal to superior court. The decision of the hearing examiner is final for short subdivisions and tie subdivisions unless it is appealed to the superior court. Such appeal must be filed with the superior court within twenty-one (21) calendar days from the date the decision was issued. SECTION 23. - Amendment. Section 2.32.130 of the Kent City Code is amended as follows: Sec. 2.32.130. Decision and recommendation. A. When the hearing examiner renders a decision or recommendation, the hearing examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the applicant and the hearing examiner. The copy of such decision, including findings and conclusions, shall be 43 Administration of Development Regulations Ordinance transmitted electronically or by first class mail, to the applicant and other parties of record in the case requesting the same. There shall be kept in the planning department a signed affidavit which shall attest that each mailing was sent in compliance with this provision. B. In the case of Process IV applications requiring city council approval, the hearing examiner shall file a decision with the city council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on reconsideration. SECTION 24. — 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 25. — 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 26. — 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 44 Administration of Development Regulations Ordinance 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 PVCivilAOrmmceV1201Ad mis tm ofDev Regs(V2)doc 45 Administration of Development Regulations Ordinance KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: August 21, 2012 SUBJECT: KIVA System Upgrade — Authorize MOTION: Authorize the Mayor to sign all necessary documents to enter into agreements with Independence Enterprises, Inc., Selectron Technologies, Inc., Hewlett-Packard, DLT Solutions and Active Networks required to upgrade the Kiva Permitting System in an amount not to exceed $182,658.17, including applicable state taxes, subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney. SUMMARY: Kiva is a mission critical software application that supports all property, permitting, approvals, inspections, code compliance and business licensing tracking. Due to budgetary constraints, the software upgrade is a necessary alternative to the original plan to replace Kiva. This approach should provide a more stable hardware and software environment for three to five years. EXHIBITS: Consultant Services Agreement with independence enterprises, Inc. and associated Scope of Work; Selectron IVR Version 4 Hardware & Software Upgrade Scope of Work and Price Quote; Hewlett-Packard (HP) Server Hardware Quotes; DLT Solutions - Oracle Application Server Quote; and Active Networks — Credit Card Processing/Integration Quote RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The budget for this project was approved as part of the Information Technology (I.T.) 2012 Technology Plan Budget. Attachment A T CONSULTANT SERVICES AGREEMENT between the City of Kent and [independence enterprises,, Inc.] THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Independence enterprises, Inc. organized under the laws of the State of Utah, located and doing business at 4381 West Dogwood Lane, Cedar Hills, UT 84062, 801-376-3315 (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: independence enterprises, Inc. is to act as technical consultants in advising the City of Kent, Washington on upgrading the Kiva software and environment as outlined in Exhibit 1, Scope of Work. 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 no later than March 31., 2013 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Thousand Dollars ($20,000), 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 1. CONSULTANT SERVICES AGREEMENT- I (Over$10,000) Attachment 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 Contra ctor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCVV/ 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 beperformed. C. The Consultant has an established and independent business that iseligible 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 ofRevenue. 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 ofWashington. F. The Consultant maintains a set of books dedicated to the mxp000rx and earnings vf its business. V. TERMINATION. Either party may terminate this Agreement, with orwithout 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. V1. 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 ofthe 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 io qualified and available tn perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT- I (Jver$1i\00k) Attachment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIZ" INDEMNIFICATION, Consultant shall de[end, indemnify and hold the C|ty, its officers, officials, employees, agents arid volunteers harroless frorn any and all claims, injuries, damages, |osuou or suits/ including all legal costs and attorney k:os/ arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the in]ur|ay and damayes caused by tire City'snegligence. The City's inspecLion or acceptance of any of Consultant's work when completed shall not bc grounds iu avoid any oi these covenants o[indcmnification. 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 ofbodily 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 tn the extent nf 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 RCVV/ 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'u costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the Ciiy'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 2 attached and incorporated hy 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, drawinga, 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 tothe City upon the O\y's request. TheCity's use or reuse ofany 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. CIl[Y'S RIGHT OF INSPECTION. Even though Consultant |oanindependent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT' J (Over$10,008) Attachment A 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. Re-solution 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) Attachment other representative of the, City, and such statements shall riot be effective or be construed as entering Into or forming a part of or altering in any manner this AgPeenlent. All of the above documents are hereby made a part of this Agreement. However, should any language. ill ally of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms o[this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees tv 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 ur 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 om the last date entered bm8omx" CONSULTANT: CITY OF KENT: Print Name: �((?Ii "I A013vis Print Name: Suzette Cooke its LAty 141b�d Its -Mayor--, DATE: ditie) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: independence enterprises, Inc. [insert. Name of City Rep. to Receive Notice] ej City of Kent 4381 West Dogwood Lane 220 Fourth Avenue South Cedar Hills, UT 84062 Kent, WA 98032 1 801-376-3315 (telephone) (253) [Insert Phone Number] (telephone) 708-405-4979 (facsimile) (253) [Insert Fax Number] (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT ' S (0vor$10,00o) Attachment A DECLARATION CITY OF KEN`C EQUAL EMPLOYMENT OPPf RTUNITY 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 iequirernents 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 r C day of f�d�� 20�= By: S t'f- dI) A(WAIS For: t n d te.eoCj�kj I 'O �.�{ er etir es , Title: phs-wf t Date: hr n, EEO COMPLIANCE DOCUMENTS - ?. Attachment A CITY OF SCENT ADMINISTPIATIVE POLICY NUMBER: 1.2 EFFECf1VE 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 Attachment A CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 1-his form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of-1-4„4-p. , / Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as`'')1t/11{f1r_( Q141'A'Ci that was entered into on the�"1 2L ,Ay )V)f 1- (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 q 20_/1,-. 1 By: A' For: 0of ?d7 d d�cjd C d®�✓e 5 rVC- Title: &j 16bJ Date: ' Le` L/J-- EEO COMPLIANCE DOCUMENTS - :> Attachment A 14 4:581 west dogwood lane, cedar hdl,s, Uf 84062 801-376-3315 Exhibit I Scope of Work City of Kent Washington—Kiva Application Upgrade Date: May 29,2012 It is our pleasure to offer the following proposal to assist you with the upgrade of your Kiva application environment. I. General Description of Activities independence enterprises, me. is to act as technical consultants in advising Kent, Washington on upgrading the Kiva software and environment as outlined below. The actual tasks necessary to perform the upgrades will be done by Kent Washington staff unless otherwise specified. The following tasks will be supported by independence enterprises as part of this proposal: ® Upgrading the current Kiva`Upgrade' environment from Version 7 Release Ito Version 8 Release 2.1 or optionally Version 9 Release 1.2—the upgrade will implement software updates that encompass: o Version 7 Release 2 o Version 8 Release 0 o Version 8 Release 2.1 o Version 9 Release 1.2 (if requested) Any problems encountered during the upgrade activities are to be resolved by Kent,Washington staff with assistance from independence enterprise, Inc, as required, Any scripts modifications that are necessary to ensure a successful upgrade of the Oracle database to accommodate new data integrity constraints introduced as part of the new Kiva software, independence enterprises will provide Kent, Washington with any existing modifications to upgrade scripts applied at other Kiva sites. ® Completing basic operational testing to prepare the upgraded environment for subsequent end-user testing and training; Attachment A ® Developing a final transition plan to migrate the upgraded application software into full production stratus once user testing and training has been completed using the `Upgrade' environment. If. Project Timeline The following is an estimated timeline to complete [his upgrade project. These times are for estimating the length of the project and are ordy rough estimates based on past experience at other Kiva sites. Tasks Days Upgrade test database to 7.2 2 I Jpgrade test database to 8.0 2 Upgrade test database to 8.2.1 2 Upgrade test database to 9.1.2(optional) 2 Modify scripts and procedures throughout Upgrades 5 Test upgrade database I Upgrade production database to8.2.1 (9.1.2 optional) 2 Test production database I Total 17 111. Costs Cost proposals and estimates are based on the standard hourly rate of$130.00 per hour. It is understood that all work done by independence enterprises, Inc. is to be done off site. If, for some reason, on-site work is necessary,travel expenses including airfare, car rental,hotel,and $71.00 per Diem(GSA)will be billed. Time for travel will not be billed, however the per diem will be billed for all on- site and travel days. The following is the cost for off-site assistance. An estimate of hours is provided. Aowever,off-site assistance is proposed at a fixed cost for this project: Item Quantity Cost Off-site assistance to upgrade to 8.2.1 60 hours $7,800 Off-site assistance to upgrade from 8.2.1 to 9.1.2, if 60 hours $7,800 requested General and Professional Liability Insurance as required $1,9.59 by Kent,Washington,due upon contract signing Total off-site assistance 60 hours $17,559 May 8,2012 2 Attachment A The following are cost estimates for expenses for on-site visits and are rough estimates base on GSA approved rates and current airfare and car rental rates. Actual costs may vary and will be billed only if an on-site visit is requested: Item Quantity Estimate: Airfare 1-flight $ 350.00 Car Rental/gas per day $ 75.00 Hotel per night $ 137.00 Per Diern per day $ 7L00 Assistance Per day $1,040.00 IV. Assumptions Kent,Washington will: • Ensure that the Oracle database is on a supported version. • Ensure that all Oracle tools, i.e. Oracle Forms Server,Oracle Reports Server, SQL*Plus, Oracle Applications Server,are upgraded to a supported version. • Ensure that all operating systems and hardware platforms are certified by Oracle and Accela. • Acquire all scripts, forms, reports,and any other components that are necessary for the upgnades from the software vendor. Kiva upgrades are incremental and therefore require each upgrade version to be applied incrementally. • Perform all the on-site tasks necessary for all upgrades. • Perform the final testing of the upgraded application environment using the Kiva test database. • Provide remote access to independence enterprises, hue. to the Oracle database server, and all components to the Kiva system. • Provide an export of the current database to he installed on independence enterprises servers at each upgrade level, independence enterprises,Inc.will provide: • Assistance when necessary in a timely manner. • Provide assistance via phone call,email, or web conferencing, whichever is determined to be best for each situation. • If previously agreed upon,travel to Kent, Washington to assist on-site if needed. V. Payment Schedule • The full amount for off-site assistance for the Kiva upgrade will be paid upon execution of an agreement. • Cost of insurance required by Kent, Washington will be billed at the time of contract signing. • On-site expenses and time are billed as they are incurred. May S,2012 3 Attachment A ® All invoices are due net within 45 days from the date the invoice is received. Interest will be charged for all invoices past threat an annual interest charge of 24%. All payments are to be made in U.S. fiends. VI. Gencral Notes 1. The client is responsible for expenses incurred at the client's site. They include,but are not limited to, air and ground transportation, lodging, and per diem (USA rate). All expenses will be reimbursed as submitted fi•om aein al receipts. 2. All scripts and procedures not part of the original Accela upgrade routines are and will remain the property independence enterprises, Inc. 3. This project is governed by any licensing agreements currently in affect between Accela and Kent, Washington at the time services are performed. 4. independence enterprises does not guarantee the performance or functionality of any lorm or report that is delivered as part of the licensing agreement between Accela and Kent, Washington, VII. Terms of Agreement • This agreement shall commence on the date of execution indicated herein and terminate upon completion of the upgrade activities set forth in Section 1 of this agreement. VIII. Attorney's Fees • In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, Kent, Washington shall bear all attorney's fees and costs. IN. Governing Law and Venue. • This Agreement shall be construed and enforced in accordance with the laws of the State of Utah. The parties further agree that in any dispute between them relating to this Agreement,exclusive jurisdiction shall be in the trial courts located in the State of Utah, any objections as to jurisdiction or venue in such courts being expressly waived. X. Assignability • This contract may be transferred, assigned or sold by independent enterprises, ine. only with the express written consent of the City Kent, Washington. Xi. Licensing and insurance • independence enterprises me. is fully licensed and insured as required by the governing laws of the State of Utah. Additional insurance required by Kent, Washington will be billed under this agreement at actual cost of insurance. May 8, 2012 4 Attachment A City of Kent Washington —Kivaa Application Up rade JqN AGREEMENT ACCEPTANCE Stephen W Aoberts, President Date independence enterprises, Inc. City of Kent, Washington Date May 8,2012 5 Attachment A Exhibit 2 Certificate of Insurance Attached is a copy of the Certificate of Insurance for General Liability and Professional Liability,as required. Please note that no automobiles are to be used in connection with this contract and therefore Automobile Liability insurance is not provided.Also,I am the sole employee of independence enterprises, Inc.and therefore am exempt from Workers Compensation Insurance. Attachment A INDPE-1 Oh'ID:JN CERTIFICATE OF LIABILITY INSURANCE LWAWNIMVW�-- -__.____�..__w_n_._. ._.._...---_. ___ _ _OLDER. TIiIS CERTIFICATE IS ISSUED AS A—MATTER—OF INFORMACION ONLY AND CONFERS NO RIGFITS UPON THE CERTIFICATE HOLDER.THIS - CER7'IFICAIE 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AI4D THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ios)must hr..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,comes rights to the _gertllicafe holder in lieu of such end erae Mont NT (sj. - , PROWLER 801-374-I444 NAMEACT JAMIE NIELSEN Strategic Insurance Agency LLC 801.374.7447 PHONE .AU1-37A-7A44 Ppx 807 East Pacific Drive Suite A Imo No;II01-374.7447 American Fork,UT 04003 nooa[ss:JAMIE@STRATEGICINSURE.NET Brooks Houghton '- WWRERIa)AFFOROINGCOVERRGE____. NAICR INSURER A:Hartford Insurance —_ IN$UREO Independence Enterprises Inc. INSURER B. 4381 Dogwood Lane INSURER 0, Cedar Hills,UT 84062 INSURER D; INSURER E: INSURER P- _ 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 CON TRACI"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. ISUN TYPEOFIN$URARCE _ POLICY NUMBER ANPDYEYtiY MMILD"C YYY LIMITS GENERAL DARNITY EACH OCCURR=NOE $ 2,000,000 A x COMMERCIAL GENERAL LIABILITY x 343BPM4967 05/29112 DS129M3 PREMAI ly $ 300,000 CIAIMS MADE OCCUR MOD EXP(Mywc Wrl,,) A 10,00 PERSONAL A AOV INJURY $ 2,000,00 UENE M-AOEREDAD D 4,000,00 GENL AGGREGATE LIMIT APPLIES PER PROOUOTS-COMPIOP AGO $ 4,000,000 POLICY PRO 'LOC $ AUTOMOBILE LIABILITY IC�ONI deOl&INGLE UMfi ANY AUTO BOOI YILN'JURY(Pa-paxon) $ NI.ONINELI SCHEOULEO 60DILY INJURY(Per Ac?oI nu;£ MOTE AUTOS N'ONAWNEO PROPE(ITY DAMAF` HIRED A $ IROS AUTOS Per rctlen $ UMBRELLA Lea OCCUR EACHOCCURRENCE $ EXCESS Use CLAId"AD.F11 _AGGREGATE E DED RETENTION$ $ WORKERS COMPENSATION VJI:ATATm eTib AND EMPLOYERS'LIABILITY YIN 'TORY LIMITS . ER ANY PROPRIETORPARTNERtEXECUTIYE I—I NIA' . EL EACHA%IDENT I$ OFFICENMAEMBEft E%C'-WEDi LEI (Meetly In NH) E.L.DISEASE-EA EMPLOYEE I$ i(yYes,EooaYw WldBr DESCRIPTION OF OPERATIONS haloes E.LOISEASE POL10YUMIT S A HARTFORD INSURANCE x 34SEPM4967 06l29112 06129/13 E&O 1,000,00 OE6CNPRON CF OPERATIONBI LOCpTION9IVEHICLEa PNee4 ACOR0101,ptltlnlanol RePnda SeM1etlule,IP lnnre spaoo isroqulretll CITY OF KENT IB NAND AS AD➢ITIONAL INSURED, CERTIFI ATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE TIFF. EXPIRATION DATE THEREOF, NOTICE. WILL BE DELIVERED IN CITY OF KENT ACCORDANCE WITH THE POLICY PROVISIONS. INFORMATION TECHNOLOGY DEPT 220 4TH AVENUE SOUTH AUTHORIZED REPRESENTATIVE KENT,WA 9BO32 Jyµvtku qg'„' ©1986-2010 ACORD CORPORATION. All rights reserved. ACORD 28(2010106) The ACORD name and logo are registered marks of ACORD Attachment B . c April 70,Rn'k.X. Quuai[e wallid dos 991 days The City of Kent, WA VoicePermitsr" Interactive Voice Response Ralse Solution— Version 4 Upgrade Software Licensing,for 8 Voice Ports No Charge Server Hardware and Setup $14,000 HP Pr'ollant ML S:50 GG -Upgraded Server • Microsoft Windlows2008.Servcr,.;�,2 tIit 9 Intel Xeurcn Dual-Core„2.0 GHz Processor • 4 GB RAM • Three (3,i Hand Grlves(RAIL?5) • OVD ROM, 56K Mader • Hardware for Fight(B(Voice Ports. • Integrated Gi,gablt.Network adapter" • Redundant Hot plug;Power Supply • Redundant Cooking Fans • Rank Mount Kit Server Discount $1, �00 in order to be eligible for the above discount, the City of Kent agreti.e5 to return the, existing,'VokePermits'"server and aId cornponerits including the voice card(s(, license(keys,etc.to S,elect'rou. These items s'houtd be returned after cu'tr wer to the new server and components, if these items are not returned,the City of Kent will nok be eligible for this discount- Server Set up,Software Installation, configuration and Testing Included Labor to Procure,Assemble„ Configure and Test Server Hardware and Software Included Professional Services Required to Upgrade to Verlceiltrermits'"°4.0 27,650 Solution Design and Development to Inc.11ude the Following;Functionality. • Schedule Inspections • Speak Site Address • Cancel Inspections • Permit Based Messaging • Hear inspection Results • Voice,P'ermits RelPortidng Module • Post Inspection Results, • Remote Access Software Correction Ca-des included Selectron Project Management Included Z-Day on-Site installation,Travel Expenses and Training included System Documentation Included Total Investment,for VoicePerrdi'dits 4.0 Upgrade $40,150 Required Items Nlot Included IIn'Selectron Technologies Vokepermfts Base System • phone Lines&Network Services Required to Support the Iinsta.11lat.ion • Required Host Interface(Please Contact Accel'a for Prmr ng) • Host.Interfate Conrpionents° Must:Be Installed and Functioning Prior to On-Site InstalWatiork Tax 9.5%: $3,814.25 Grand Total: $43,964.25 Attachment B Selectron ouote WS"t April 20,2012 Quote vapid for go days SELECTRON PRODUCT AND SERVICE PRICING & PAYMENT INFORMATION Mcving presented in the quote is set based upon the contjnuatSon and prepayment of the existing maintenance agreement- Adjustments to this coverage period will result iun adjustments to the oibove proposed pticine, PAOing does not include additional appikation intep,ration charges that may he required as part of this solution. THs includes Application Vendor API, user, or impllementAtiOn fees, additional licensing fees, or other surcharges dveedy or indirectly charged by or rearitted to the Applikation Vendor. SCMDU]'J" 25% Invoiced at time, of execution of contracts or upon receipt of purchase order 50% Invoiced at cownplebon of on-site instaflation 20% Invoiced 30 days after on-site installation 51% Invoiced upon final acceptance Initial payment Invoiced upon roc6pt of purchase order, Enables Selectron Technologies to purchase necessary hardware, fund travO expenses, and invest the technical support hours to design and devOop the application for your Jurisdiction, SecondPayment Invoiced at the campWetioin of the orm-site installation and traming phase of the implementation, or wlhen the sySLem is avadab e for Client testmgatClkent site, j1,tjrdP.q . ,, ..Y.Mnl Invoiced 30 days after the cwnplebon of the on-site installation. The Client Is given thirty days to test functionality as defined by the contract and the agreed upon caill flows. It is the Chem's responsibility to ensure,fuel testing is completed during this period. Final Pavment Invoiced after Uient has completed thc,, Final Testing and Acceptance of the systern. 5eWctron Technologies MR Nave resolved all issues found during testing, If Final Acceptance 15 delayed boVond thirty days, not due to any fauft of Selectron Tech,nologies, the payment wIIH become i mmediatOy due. AX U� Saies tax or any other applicable taxes are NOT included in any of this proposal's pri6ing infotrination if taxes become applicable, these taxes widl they need to, be added to the proposed pricing, RA 4 DA 4 N 11 T L WIS terms are net 30 from date of invoice- Past due invoices are subJect to a 1.5% per month Nate fee, Pagv 2 of 3 Attachment B Selectron Cil W2S46F April 20,2012 Quate vapid tour 90 days 0-11411DC'N Selectron Technolopes, Inc, 7405 SW Tech Center Drive, 5uno 140 Portland, OR 97223 Ph: 503.443,1400 Fix: S03.443.2052 URIM01 Ili! AONM[N[S'0'U'O 111 110 INSI l4f1 System admIlnistiators may remotely define configurable: setting ill the system through the Admini5tratron Tool. The base system includes two licenses for the Administration 'fool.One license willl be pre Installed on the system server; the second license allows the jurisdiction to linstalli the Administration Tool on a workstation with network access. Additional Remote Administrator Licenses....... ............... ...................................... .$250 r 111%rl 1( fMl D Mo 11 III:I Al ,, B H L H'Ki IRA r N' Selectron will provide custom programmung and non,warranty rnarimenance Client support on a tInne,and,m,A, erraIs ba5is. Requested design, programmling, testing, documentation, implementation work, and customer support will ltrc performed at our then c.Rifirent, standard published billing rates. Selectron will Issue a quote and scope of work to the Client. A purchase order must be issued before work can be scheduled or begm. AD,WlI1111'W4L 11 RA 1114IN15 AN11) l,,fN, ;)UPPORT All travel and assor.Wvd Pxpense.5 for the on,Otc installation work during the inifiall setup are included in the base sy9tenri price. Ifthe Client reqtwsts additional on site work, travel and out of-pocket expense,, will be billed at $1,750. per dray 12 tiny minimum)with at least 14 day advance notate. If 8,-14 days advance notice-- is provided the rate increases to $2,000. per day, if the notice is less than 7 days the rate MULeases to $2,500, per day. III changes are made to a travel[ schedule after plains are confirmed, the Client is responsiblie for any change fees or price changes incurred for airfare, hotel or car rental. SUPPLKII To quality for upgrade pricing, a Support and Maintenance Arreement and all applicable fees must be current. The current PremierPrc, support agreement with the City of Kent expires March 31, 2013r Renewal of the Support and `Vlaantenance Agreement for April] 1, 2012 to 1 31, 2013 is $6,3 TO and has been paid. Based upon the configuration within thi.5 cluote, the Pre4nieff'ra Support Services and renewal effective follDwingtho Version 4 upgrade will be$6,885, page 3 o8 3 Attachment C Ia easu make 111C P"C1. out to I Iu1>',rlctt Fnckard sunder die 1NSCANASPO contract .and '('itx the 11urwhMe order toitatkoftNetwwork,,4'25-wi63-t OItopranwess. Rrtyuala.nt WiH lau nradso to IIVWICU-1'uumUrd, I Iewwlett-Packard. P.O. Micro 101 149 Atklnita, GA 10192 1144) 1�)ct not scrod your Purchase 1.lyder'tu this address as it is for pa,y✓n w nt,costly, n reww rv. X ONLINE PRICE QUOTATION Quote Number. 786,8412 Quote IN Today s Gate 7(25)2012 7 28 44 PM Quote Created Gate: '7125/20'12 7 2d '16 PM Croated By; Contract:4VA-STATE OF WASHINGTON (VVSCA NASPO){T10-MST- bonniea@ unlsottriietwworka..com 297 ) Product avallalaihty and product drisconlinualion are subject to change without notce. The prices in this quotation are valid for 30 days from quote data above, Please include the quote number and contract from this quota on the corresponding purchase wader. Wo Me F'7i?-fhdiR��aPnma ru rirar PJv1s fa�.rr-.�w m�ur rX�`Xr✓er rvYcnwivai. HP'Pro-t_iant DL360 G7 Base $7,613.84 11 $7,613.84 HP Prot.lantDL360 C7 118gh Pedormarnce Server 641749-021 2 Quad-Core tntelpr Xeontat Processors X5687 I3-6 Gktt, 644130-1-21 12M 1.3 Cache, 130 W81:18) PIP 16G5 PC3-1060OR 4x4C7B 1Rank Memory 503339.160 HP 16GS PC3-10600R 44GB 1Rank Memory 593339-1SG Storage controller Embedded P41 NZM (SAS Array Control 6r1ve cage PIP 4-Bay Small Form Flaclor Drive Cagey HP 3410GH 6G Hot Plug,2.5 SAS dual Pon 10,000 rpm 5071127-521 Enterprise Hard Gdve[INF01 HP 30 1G t GG Hot Plug 25 SAS Dal Port 10,000 rpm 507927-8211 Enter prase Hard GrivollNFC1 HP 30DGB BIG Hot Plug 2.5 SAS Dual Port 10,000 rpm 507127-B21 IFntmaprlse Hard Dwe[INF01 HP'300GS 6G Hat Plug 2.5 SAS Dual Port 10,000 rpm 507127-821' Fnteaprise Hard Grive[INFlG] PIP 4 k3ay Small Form Factor Drive C,aga 51656R•i-B211 HP'300GS t1G Hot Plug)2'.5 SAS Dual Port 10,000 Apra 507127-8211 Attachment C Enterprise Hard Drivo�INFO) HP 3=3B BG Not Plug 2',5,SAS Dual Port 10,000 rprTr 507127-B21' Entarprirse Hard DrivelINFOI HP 300GO 6G Hiot Plug 2.5 SAS Duail Port 10,000 rpm 507127-0211 Enteirprlse Held Drive[INFO] HP 300GH GG Hat Plug 25 SAS Dual Fort 10,000 rpmi 507127-021 Enterprise Hard DrlveflNF0j HP 256,MB R-Series Cache Module with bartery(foi SA 462968-8TY P212ZM or P4 I OZM Convollers) Network card 2 Ernbedded HP NC380 Dual Part Multifunction Ggabit sffver Adapters(4-P(?I,,5) 2 HP 4604fJ Common Slot GoW Hot Rug Power Supplies 503296-2PS 2 HP 1.83rn 10A C1 3-Ui. US Power Cords AF555A.XX2 Server management Int&grated Uqhts Out 3�i[-C 3) Management Warranty HP Standard Limited Warranty- 3 Years Parts and on- site Labor, Next Business Day HP Care Pack, 5 Years,4 Hours,24x7 ProLiant OL360 U8081rz $1,510.40, 1 $1'598-40 Subtotal; $9,212.24 The term, and oondrrions 0 the WA ,.SIATE Or WASHINGTON (WSCAfNASPO)will apply to any order placed es a resell Of W8 inquiry, i)o other tt,,nns or conditions shell.apply. Attachment C Pileaase make t11C PA). Gaud 10 110Vletl 11 ackardl sunder the.INSCAINASPO contract a-nndfiax the lncara h aue order to U nisoflk Networks 425-968-I001 to praacess- ll'ayntwnt will tic made to IIcwwlett-I'ackurd 11 eww l elt-Pa c lard. 11.0. Box 1 tt 1. 1 9 Allaalltlt, GA :303921..11149 Do not send your Purcln.use Order to this address .as it: is tlaur laaynnent Only, ONLINE PRICE QUOTATION quotau Number.7868185 Quote Name: Tuday's Date , 7125,Q012 6,55:22 PM Quote Created Date: 712,&2012 6:65Y,110 PM Created By'. Centracl VVA-STATE OF'uti1AM IINGTON (VVSCAPNASPO)l( T10-MST- bonnie.i@unisoflneWorks.com 297 ) Product awalfahigty and praduct dlscontinualion are subject tuo change without notice, The prices un this quotation mire valid for 30 days from quaxle data above, Please Inclaude the quote number and contract from this quote on the corresponding purchase order, Om Uier FiYo-FnM,pkm rn wr fk s drnn hw our Nrurr„r' aewxnnc'e. HP ProLiant DL360 G7 S-arver saga $6„2311.22 1 $6,231.22 HP ProLiant DL360 G7 Server 579237-8211 Quad-Core Ilntelee Xei Processor E5640 (2.6SGHz, 51180E5-1.2'1 12M L3 Cache, 80 Watts,DDR3-1066Bw Hz PIT Turbo 111'2/2) HP 36GS PC3-1060OR 9x4GB 1 Rain Memory 593339-36G Storage ceantmiler HP'P41 UilZM ($AS Array controller) Drive.cage HP 4-Bay Sma It Form Factor Drive Cage HP'$00UGP fiG Hot Mug 7_a SAS Dual Port 15,000 rpm 627111-9211 (Enterprise Hard D6ve111NF01 HP 300GB 6C Het Plug 2.5 SAS Dual Pod,'15,000 rpm 627117 21 Enterprise Hard bnwpl�INFt1,1 HP 3116GB 6C Hut Plug 2',,5 SAS Dual Port 15,000 rpm 6271117-1321 Enterprise Hard DrivellINF'Fa1 HP 306Lyti3 6G Hot Plugs 2.5 SAS Dual Part 15,000 r im 18271111.821 Enterprise Hard Drivel[INF01 HIP 4-Bay Srnaili Form Facior Drive Cage 5169 -821 HP 30OGB,6t9 Hat Plug 2.5 SAS Due Part'15,000 rpm 627117.824 Attachment C ISntsTprise Hlard Drtve�INMJ HP 3060GB 6G Hut Plug 2,5 SAS Dual Fed 15,000 rprrrc 627117 11 Enterprise hard Dri,mIINPO) IHP'258MB P'-Serues Cache IModule with battery(for S.A 4 62968.13TY P212,ZM or P 41IOZM Gcnvolle.rs) Network card 2 Embedded HP NC38Z Dual Part Multifunction Gigabit Server Adap pars(4-Pruufis) 2 HP 46OW4r CommonSlot Gold Hot Plug Power Supplies 503296-ZPS 2 HP 11.83m 10A C13.t1L US Power Cords AP3516A-XX2 Seaver management integrated Lights Out 3(iiLEr 3) Management Warranty HP Standard Limped Warranty-3'Years Parts and on- site Lahor„ Next Business Day HP'Care Pack, 5 Years,4 Hours,24x7 ProLlaunt.DL360 U8082E $1 598.80 '1 $1,598.40 Subtotal $7,829.62 The terms and a,ontl9tons os the WA-STATE OF WASMNC'TON(WSCAINASPO)wiff apply to any orrter placed as a rosult of Mis inquvey,na,other terms or conditions shall.apply.. Sub-Total: $ 17,041.86 Tax 9.5%: $ 1,618.98 Grand Total: $ 18,660.84 Attachment D rao e 4218063 D[J)Rfl n, Price Quotation Date 06125/2012 Expires 07/25/2012 Po', Curt Ryser From, Roland Walters Kent City of DLT Solutions 220 4th Ave South 13861 Sunrise Valley Drive Kent, WA 98032 Suite 400 Herndon,VA 20171 II'hr>rt e', (253),856-4642 F x:: Phone,: (703) 708-9120 F.`.irnail'. CRyser@kentwa.gov Frax: (866)419-7926 Erniaiil'. roland.walters@dlt.com # IJI II Pad No Guinhaird CLy Ilinif larira, Fxt -'niµ 1 9891-2018 GSA 2 $16,913.83 $33,827.66. Application Server Product-Enterprise Edition Processor License 2 '98912019 _ _ _ GSA 2 $3,721.05! $7,44210.. One Year Software Update License&Support for Application Server .(Product-Enterprise(Edition Processor License l..L'laI r $i41,269.76 Tax 9 . 50 : $3, 920 . 63 GSA Schedule Data: Contract* GS-35F-4543G Contract Category: Schedule70 Grand Total : $45, 190 . 39 Contract Term: 0410 111 9 9 7-1 111 8/2 01 2 DUNS#:78-646-8199 Federal ID#: 54-1599882 CAGE Code: OSOH9 FOB: Destlnation Terms: Net 30(On Approved Credit) DLT accepts VISArMC/AMEX Ship Via: Fedex Grounid/UPS ., „ ....., , , ,...... „ ,,, ,,,... ...... , , ,,,, ,,,,,,, ,,,,,,,.... FL.II.ASIE R�"$'IUIIT X� 11e DLTSoVu11011S I�- NPrm DLT3olutions ..� ""'." "'... SumNust Bank '."'.... `0 Box 102549 F .�h,Y INE_N_f._y_�"A.,_ ABA 4 061000104 Atlanta,GA 30368 AW#1000032705898 Customer orders subject to applicable sales tax in: CA CO CT,DC, FL,GA, HI,IL, IN KS, KY,LA, MA, MD, MI,MO,MS, NC, NM, NJ,NV, NY,OH, OK,PA, RI,SC,TN,TX,VA,WA,WI The terms and conditions of the Manufacturers standard commercial license and subscription agreement are made a part of this quotation and shall govern purchaser's use of any Manufacturer product. Contact the DLT Sales Rep if further information its required. F"agar; 1 of 2. Attachment D C j("Ae 4218063 Reference 833 NIM, Price Quotation Clafie 06/25/20 12 Expires 0 712 51201 2 Documentation to be submitted to validate Invoice for payment: a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days,and hours worked. b. Authorized reimbursable expenses shall be invoiced with a detailed expense report,documented by coides of supporting receipts. c. Authorized Education or Training shall be unvoiced with a Report identifying date and nameof class completed,and where applicable the name of attendees. 2(A Attachment E aCtiVONETWORK Quote 27983»1 The Active Network. t0162 Tmie'si,,Court.SuiI, 100 men, €7M 2'✓'2012 San Ciuge,CA,92121.,Uoii States Expii 1II 02g12 Coslvmer: SCOTTF'UKUUA CITY Of KENT BW To Shia Te: CITY Of KENT CITY OF KENT 220 41'H AVENUE SOUTH 220 41H AVENUE Sfl'UTHI KEN I,WVA..96032 KENT,WA 98032 UNV'MD STATES UNITED STATES Sales RepinnnNallWe.Jone,s,1"enr EJloo Payiri&nt Tennic 30 NET Lino ProdrueN Urdu t7iy Unit Price ToW Price soilins fUi Selling(Usop 1.0 Payment Manager-SerWrPoofessiend8eroiees- 4ir 32 �$"tl'Sg.gU $5;7EU..rag Project Management 2.0 Payment Manager,Samar Pnofessienai SeNices, I-Ir 42 S'tSU.id7 $5:afi'V.giO Eiusiness Prmi Review 1.0 Payment Manager,Sender Poplassiaaap Services, Hr 48 S MG 00 $'8,640f 00 Training 4 Payment Manager r Senior Professienai Sen ices• HI 0 $tto Or) $7,400.00 Inupiemeutation S�emces 5.1) Payini nageerAuclSauer Prof ssio aN Survicea SL Hr 24 S1 (P 00 $4,22U.UCa Expert Integration R1,0 Payment Manager.Senior Profassiengi SeNicasm Hr 4 5180 PFU $7"2U,ov Payment So ruerc(Merchant Account Setup Payment Manager,Senior Professocti Sawime ,FOS Hr 24 S180.00 s02f).00 'Jove¢^Sewicas Setup Category Slubto-tad Page T of 3 Attachment E 9WHVG%NFTWOfiK Quote 27983-1 Payment Manager Serwce.c;onsuliting Sublotal(Seffing Price) $34 920 00 TaK CITY(RMe 3%) $0 Do COUNTY(Rake 0%) $6 00 STATE(Rate(o 6%i $0 00 Total(USV $34,020,00 Tax 9.5%: $ 3,317.40 Grand Total: $ 38,237.40 ............................................................................................................................................................................................................. Page 2 of 3 Attachment E aCtiVe�NErWORK Quote 27983 -1 General tSale Ime"',volere applk'Rble,we no mnclucjn d and grtor,z a(P Ri tlxe currerloy or llie.lmunvy,of iWalRaWr I Qswhpeot to change' Wilhoul FIOW Hovd-4tue,ope"Aling NYswll'Iro pAIv auftwawe wid Si* preparatim are not IAcRuded unless OthHooive'oW rd. OnsAe Sig"tres Quoitd prices Vor ansi0e seNices do uoY imolude airfare 11 omile services are wequived,econolmy airfare will be assessed Opel invoiced separatety.Ons4e sermes are bffed m MIMMUM 8 hour daily mcrements. Method of Payment El ImMee Me Parehast ONAVI,Number ............ ............................................................. ........................................... .............................................................................................................................................. Credil Caid Nlamer(ard D AlrxHcan FmpreNs C'rvffit Carel Numki% VAPirstion Doe: I llelehy %grew Ill PAY allove quolk.With 41K.%med Motor, CuslovwrNjwm:CITY OF KENT Etk'Lllve[,Alt Id M Ouvic ................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3 KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: August 21, 2012 SUBJECT: Limited Tax General Obligation Bond Refunding Ordinance - Adopt MOTION: Adopt Ordinance No. ___, authorizing the issuance of the 2012 Refunding Bonds in an amount not to exceed $13,000,000 to refund the outstanding 2000 and 2002 Limited Tax General Obligation Bonds. SUMMARY: Administration recommends that Council authorize the issuance of the 2012 Refunding Bonds to defease the outstanding 2000 and 2002 Bonds. We are recommending this transaction to save approximately $1.6 million over the remaining life of 10 years of those bonds. With the interest rates as low and stable as they currently are, we anticipate these savings to be realized. EXHIBITS: Bond Ordinance RECOMMENDED BY: Operations Committee BUDGET IMPACTS: The budget impact of this ordinance is a reduction in the debt service costs annually each year from 2012 through and including 2022. The total savings on this transaction is anticipated to be equal to or greater than 13% of the debt service cost. CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: AUGUST 21, 2012 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS` Paqe SECTION 1. - Definitions and Interpretation of Terms................................. 4 SECTION 2. - Authorization of Bonds and Bond Details ............................... 9 SECTION 3. - Registration, Exchange and Payments................................. 10 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds............. 15 SECTION 5. - Form of Bonds................................................................. 18 SECTION 6. - Execution of Bonds .......................................................... 21 SECTION 7. - Refunding Plan; Application of Bond Proceeds ...................... 22 SECTION S. - Tax Covenants ................................................................ 24 SECTION 9. - Bond Fund and Provision for Tax Levy Payments .................. 27 SECTION 10. - Defeasance ..................................................................... 28 SECTION 11. - Sale of Bonds.................................................................. 28 SECTION 12. - Undertaking to Provide Ongoing Disclosure.......................... 31 SECTION 13. - Lost, Stolen or Destroyed Bonds ........................................ 35 SECTION 14. - Severability; Ratification ................................................... 35 SECTION 15. - Effective Date of Ordinance ............................................... 35 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -i- CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, dated October 1, 2000 and issued pursuant to Ordinance No. 3524 adopted by the City Council (the "Council") of the City on September 19, 2000 (the "2000 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2020 $ 3,920,000 5.375% (the "2000 Bonds"); and B. The 2000 Bond Ordinance provides that the City may call the 2000 Bonds maturing on or after December 1, 2011 (the "2000 Refunding Candidates") for redemption on or after December 1, 2010, in whole or in 1 LTGO Refunding Bonds Ordinance part on any date, at a price of par plus accrued interest, if any, to the date of redemption; and C. The City has outstanding its Limited Tax General Obligation Bonds, 2002, dated July 30, 2002, and issued pursuant to Ordinance No. 3607 adopted by the Council on July 16, 2002 (the "2002 Bond Ordinance"), which remain outstanding as follows: Maturity Dates (December 1) Principal Amount Interest Rate 2012 $ 785,000 4.000% 2013 570,000 4.125 2014 595,000 4.250 2022 5,905,000 5.000 (the "2002 Bonds"); and D. The 2002 Bond Ordinance provides that the City may call the 2002 Bonds maturing on or after December 1, 2013 (the "2002 Refunding Candidates") for redemption on or after December 1, 2012, in whole or in part on any date, at a price of par plus accrued interest, if any, to the date of redemption; and E. After due consideration it appears to the Council that all or a portion of the 2000 Refunding Candidates and the 2002 Refunding Candidates (together, the "Refunding Candidates") may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and F. The Council deems it in the best interest of the City to issue one or more series of limited tax general obligation refunding bonds in the 2 LTGO Refunding Bonds Ordinance aggregate principal amount of not to exceed $13,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and G. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and H. The City expects to receive a proposal from KeyBanc Capital Markets Inc. and Piper ]affray & Co. (together, the "Underwriters") and now desires to issue and sell the Bonds to the Underwriters as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO ORDAIN as follows: SECTION 1, - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). 3 LTGO Refunding Bonds Ordinance Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2012" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriters and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no date is selected by the City before the earlier of the final maturity date of any series of Tax-Exempt Bonds or the date that is five years after the date of issuance of any series of Tax-Exempt Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of such series of the Tax-Exempt Bonds. Bonds mean the not to exceed $13,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2012[A][B (Taxable)], authorized to be issued in one or more series pursuant to this ordinance. Call Date means, with respect to each series of Refunded Bonds, the date selected as the call date by the Designated Representative under the ordinance authorizing such series of Refunded Bonds. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. 4 LTGO Refunding Bonds Ordinance Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the Mayor, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement(s) between the City and the Escrow Agent to be dated as of the date of closing of the Bonds of a series and substantially in the form on file with the City. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on any series of Tax-Exempt Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to any series of Tax-Exempt Bonds, means the principal amount of such Tax-Exempt Bonds, plus 5 LTGO Refunding Bonds Ordinance accrued interest and original issue premium, if any, and less original issue discount, if any. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a short-term basis in accordance with regulations under the Code if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Refunded Bonds mean all or a portion of the Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. Refunding Candidates mean the 2000 Refunding Candidates and the 2002 Refunding Candidates. 6 LTGO Refunding Bonds Ordinance Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Taxable Bonds means any Bonds determined to be issued on a taxable basis pursuant to Section 11. Tax-Exempt Bonds means any Bonds determined to be issued on a tax-exempt basis under the Code pursuant to Section 11. 2000 Bond Ordinance means Ordinance No. 3524 adopted by the Council on September 19, 2000 authorizing the issuance of the 2000 Bonds. 2000 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000 issued pursuant to the 2000 Bond Ordinance as described in the recitals of this ordinance. 2000 Refunded Bonds mean the 2000 Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 11 of this ordinance. 2000 Refunding Candidates mean the 2000 Bonds maturing on and after December 1, 2012. 2002 Bond Ordinance means Ordinance No. 3607 adopted by the Council on July 16, 2002 authorizing the issuance of the 2002 Bonds. 2002 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Bonds, 2002, issued pursuant to the 2002 Bond Ordinance as described in the recitals of this ordinance. 2002 Refunded Bonds mean the 2002 Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 11 of this ordinance. 7 LTGO Refunding Bonds Ordinance 2002 Refunding Candidates mean the 2002 Bonds maturing on and after December 1, 2013. Underwriters mean KeyBanc Capital Markets Inc. and Piper ]affray & Co. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2,- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of B LTGO Refunding Bonds Ordinance the Bonds, the City shall issue and sell one or more series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $13,000,000 (the "Bonds"). The Bonds shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2012[A][B (Taxable)]" with additional series designation or other designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. The Bonds of a series shall be dated as of their date of initial delivery, shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds of a series shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3, - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance 9 LTGO Refunding Bonds Ordinance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or 10 LTGO Refunding Bonds Ordinance required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds within a series in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. 11 LTGO Refunding Bonds Ordinance (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds of a series, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity of that series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds of a series together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the 12 LTGO Refunding Bonds Ordinance Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, series, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, series, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30 day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by 13 LTGO Refunding Bonds Ordinance check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds of a series shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. The Bonds of a series shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book entry only form, the selection of particular Bonds within a 14 LTGO Refunding Bonds Ordinance series and maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date within a series, the particular Bonds or portions of Bonds of such series and maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond of such series as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of Bonds of such series by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like series, maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Is LTGO Refunding Bonds Ordinance Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date (unless such notice is conditional), the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given as aforesaid, or if the conditions to redemption have been satisfied or waived, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of 16 LTGO Refunding Bonds Ordinance such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. If a conditional notice of redemption has been given and the conditions to redemption have not been satisfied or waived, notice of redemption given pursuant to this ordinance may be rescinded by written notice given by the Bond Registrar on behalf of the City as soon as practicable in the same manner, and to the same Registered Owners of the Bond or Bonds, as notice of such redemption was given pursuant to this Section 4(d). If notice of recession has been provided, the Bonds or portions of Bonds so to be redeemed, on the redemption date, shall not become due and payable and from and after such date such Bonds or portions of Bonds shall continue to bear interest at the rate or rates set forth therein until paid or until due provision is made for the payment of the same. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days 17 LTGO Refunding Bonds Ordinance before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTION S. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: IB LTGO Refunding Bonds Ordinance UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2012[A][B (TAXABLE)] INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2012, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding December and June. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on August 7, 2012 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. 19 LTGO Refunding Bonds Ordinance This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [Pursuant to the Bond Ordinance, the City also has authorized the issuance of its Limited Tax General Obligation Refunding Bonds, 2012[__][(Taxable)] in the aggregate principal amount of $ for this purpose.] [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] [The bonds of this issue are not subject to redemption.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. 20 LTGO Refunding Bonds Ordinance IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this _ day of 2012. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2012[A][B (Taxable)] of the City of Kent, Washington, dated 2012. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. 21 LTGO Refunding Bonds Ordinance Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2000 Bond Ordinance and the 2002 Bond Ordinance, as applicable, and to pay costs of issuance of the Bonds. 22 LTGO Refunding Bonds Ordinance The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the applicable Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the applicable Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent'). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. 23 LTGO Refunding Bonds Ordinance The City hereby calls the Refunded Bonds for redemption on their respective Call Date in accordance with the provisions of the 2000 Bond Ordinance and the 2002 Bond Ordinance authorizing the redemption and retirement of the 2000 Bonds and the 2002 Bonds, as applicable, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2000 Bond Ordinance and the 2002 Bond Ordinance, as applicable. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION B. - Tax Covenants. 24 LTGO Refunding Bonds Ordinance The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Tax-Exempt Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Tax-Exempt Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Tax-Exempt Bonds or any other funds of the City which may be deemed to be proceeds of the Tax-Exempt Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the dates of delivery of the Tax-Exempt Bonds to the initial purchasers thereof, would have caused the Tax-Exempt Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Tax-Exempt Bonds. (b) Private Person Use Limitation for Tax-Exempt Bonds. The City covenants that for as long as the Tax-Exempt Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Tax-Exempt Bonds to be allocated to any Private Person Use; and (2) More than 10% of the principal or interest payments on the Tax-Exempt Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether 25 LTGO Refunding Bonds Ordinance or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Tax- Exempt Bonds are allocable to any Private Person Use; and (4) More than five percent of the principal or interest payments on the Tax-Exempt Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Tax-Exempt Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Tax- Exempt Bonds allocable to the state or local governmental use portion of the projects(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Tax-Exempt Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Tax-Exempt Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Tax-Exempt Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income 26 LTGO Refunding Bonds Ordinance taxation of the interest on the Tax-Exempt Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Tax-Exempt Bonds. (d) The City hereby designates the Tax-Exempt Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions. The City reasonably does not expect to issue more than $10,000,000 in tax-exempt debt during calendar year 2012. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2012" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied 27 LTGO Refunding Bonds Ordinance and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriters pursuant to the terms of the Bond Purchase Contract. The 28 LTGO Refunding Bonds Ordinance Underwriters have advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, whether to issue the Bonds in one or more series, whether to designate the Bonds (or the Bonds of a series ) as Tax-Exempt Bonds or Taxable Bonds, selection of the Refunded Bonds, selection of the applicable Call Date, and redemption rights. The Designated Representative is hereby authorized to determine whether the Bonds shall be issued in one or more series, to determine whether the Bonds (or the Bonds of a series) shall be issued as Taxable Bonds or Tax-Exempt Bonds, to designate a portion or all of the Refunding Candidates as Refunded Bonds, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, redemption rights for the Bonds and Call Dates for the Refunded Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $13,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2022, (iii) the Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 120%, (iv) the Bonds are sold for a price that results in a minimum net present value debt service savings over the 2000 Refunded Bonds of at least 8.00% and over the 2002 Refunded Bonds of at least 8.00%, (v) the true interest cost for the Bonds (in the aggregate) does not exceed 3.25%; and (vi) the Bonds conform to all other terms of this ordinance. In determining whether the Bonds shall be issued in one or more series, whether the Bonds (or the Bonds of a series) shall be issued as Taxable Bonds or Tax-Exempt Bonds, and final interest rates, maturity 29 LTGO Refunding Bonds Ordinance dates, aggregate principal amount, principal amounts of each maturity of the Bonds, terms of redemption and redemption rights, the Designated Representative, shall take into account those factors that, in his or her judgment, will result in the lowest true interest cost on the Bonds to their maturity or date of prior redemption, including, but not limited to current financial market conditions and current interest rates for obligations comparable in tenor and quality to the Bonds. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the Finance Director and City Manager, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriters and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in 30 LTGO Refunding Bonds Ordinance accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by her to be appropriate. SECTION 12. - Undertaking to Provide Onooino Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the Municipal Securities Rulemaking Board ("MSRB"), the following annual financial information and operating data for the prior fiscal year (commencing in 2012 for the fiscal year ended December 31, 2011): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds under the heading "Comparative General Fund Statement of Revenues, Expenditures and Changes in Fund Balance"; 2. The assessed valuation of taxable property in the City; 31 LTGO Refunding Bonds Ordinance 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2 5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; 32 LTGO Refunding Bonds Ordinance • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. 33 LTGO Refunding Bonds Ordinance The City shall promptly determine whether the events described above are material. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves or property secures payment of the Bonds. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change 34 LTGO Refunding Bonds Ordinance of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. 35 LTGO Refunding Bonds Ordinance SECTION 14. - Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. SECTION 15. - Effective Date of Ordinance. This ordinance shall take effect and be in force five days after its passage, approval, and publication as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 21't of August, 2012. By Suzette Cooke, Mayor ATTEST Brenda Jacober, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP 36 LTGO Refunding Bonds Ordinance Bond Counsel PASSED: of August, 2012 APPROVED: of August, 2012 PUBLISHED: of August, 2012 37 LTGO Refunding Bonds Ordinance CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular time and meeting place thereof on August 21, 2012, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after its passage; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 21't day of August, 2012. CITY OF KENT, WASHINGTON Brenda Jacober, City Clerk KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: August 21, 2012 SUBJECT: Horseshoe Bend Levee Materials Testing Agreement — Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $22,660 for materials testing and inspection services related to the Horseshoe Bend Phase II Levee Improvements, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Public Works Engineering is contracting to construct a new levee along the Green River, east and west of Central Avenue South on South 259th Street. Work involves the installation of steel sheet pile walls beneath a steel reinforced concrete flood wall; additional work involves levee backfill material, concrete block retaining walls, new drainage facilities, a unique, removable stop-log flood wall at apartment driveways, along with asphalt pavement and planting restoration. Sound engineering practices dictate that aggregates, asphalt, cement/concrete, reinforcement steel and sheet pile installation be tested to insure they meet specifications and that excavation restoration and levee construction materials are compacted to the required density and moisture content. This materials analysis requires a laboratory with certified testing equipment that the City does not own. There is not a more cost effective option at this time than to have an outside laboratory perform these duties. Jason Engineering and Consulting Business, Inc., a city of Kent business enterprise, has the appropriate certifications and expertise to perform these duties and was selected through a competitive process based upon their qualifications. City staff will perform all other inspection services that do not require specialized laboratory equipment or expertise. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This contract will be funded through a grant from the Washington State Department of Ecology and Kent storm water utility funds. KE1VT CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (253) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following, services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide testing and inspection services for the Horseshoe Bend Levee Improvements Phase II Project. For a description, see the Consultant's July 23, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, Six Hundred Sixty Dollars ($22,660.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated Ih;Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit month) payment invoices to the City for work Y p Y Y 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 Cityr?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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION'. ' The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the j 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'eonsultant'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 ao,'jurisdiction of the King County Superior Court; King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or "! bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, 'or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant, G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. i I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and ,all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By. By. (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell "'Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. ' City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (253) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]ECU-Horseshoe Ph U/Tenerelll CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) I 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. i 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLI,4NCE 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 Jason Geotechnical Engineering Rev Date: 07-23-2012 Engineering& Retaining Wall/PavernentDesign Project: Horseshoe Bend Levee Consulting Constnution Management Ph I1,Kent#09-3005.7 Business,Inc. WABO/AASHTO Inspection &Testing Flle#: p12-030 Scope of Services; ExhibitA These rates will apply for the duration of the project to provide testing and inspection for your project: Horseshoe Bend Levee,Kent#09-3005,7 Provide onsite construction inspection and recommendations regarding construction materials as requested. s� Observe placement and procedures of materials. Provide density tests to confirm compaction and testing specification requirements. Sample imported material to evaluate and confirm specification requirements, This includes laboratory testing for each material type encountered and/or imported to the site. Testing methods will be performed according to current applicable standards. a Provide miscellaneous professional services related to this project as directed, photograph construction materials and methods as appropriate or as directed by the Owner's Representative. Provide onsite construction inspection and recommendations regarding construction materials as requested. Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's i Representative. v- Provide time sheets with each invoice that verify,Consultant employee(s), day, date mid times worked, hourly rate,total per day,mileage; tests performed and test fees, and any other pertinent information required to verify invoiced charges. y� Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the i project distribution list. s� The hourly rate is based upon portal-to-portal time, The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for any inspection and professional engineering services (weekends are minimum 4 hours). A trip fee for non-resident inspectors is charged from the Auburn office to the job site and back to the office. s b An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,weekends and legal holidays, Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties. rw Unit rates valid for anticipated duration of One project. Phone: (206)-786-8645 Fax: (253)833.7316 Email:Jason@jasonengineering.cum PO Box 181 Auburn WA. 98071 �. Jason Gemechnical Engineering Rev Date: 07-23-2012 Engineering& Retaining Wall/Pavement Design Project' IIorseshoe Rend Levee Consulting Construction Management Ph1I,Kent#09-3005.7 Business, Inc, WABO/AASHTO Inspection&Testing FUe#:p12-030 Schedule of Fees & Services, Exhibit B PROFESSIONAL SERVICES Qty, Unit Rate Total Est, InspectionTF.SCSupervisor $50,00 perhour $0,00 Asphalt/Soilsw/Densomeler 150 $50,00 perhour $7,500,00 Reinforced Concrete/Masonry 60 $50.00 perhour $3,000.00 Administrative Services 40 $40.00 per hour $1,600.00 Construction Manager,Report review&Evaluation 120 $60.00 per hour $7,200.00 Staff Engineer/Geologist $75,00 perhour $0.00 Senior Geotechnical Engineer,PE 1.0 $95,00 per hour $950,00 LABORATORY SERVICES Unit Rate ASPHALT,HMA Asphalt,Ignition&Gradation(AASHTO T27,AS'FM D2172) 3 $150.00 each $450.00 Asphalt,Rice Specific Gravity(ASTM D2041,AASIITO T245) 3 $85A0 each $255.00 CONCRETE Concrete,Cylinders Compression(ASTM C39), 20 $20,00 each $400.00 SOILS/AGGRF,GATE Soil,Fracture Count(ASTM D5821) 3 $75,00 each $225,00 Soil,Hydrometer $160,00 each $0,00 Soil,Moisture Content $30.00 each $0,00 Soil,Proctor/Moisture-Density Relation(ASTM D1557,1)698) 3 $150,00 each $450.00 Soil,Sand Equivalent Test(ASTM D2419) 3 $75.00 each $225,00 i Soil,Sieve Analysis of Pine and Coarse Aggregates (T27-06) 3 $125.00 each $375.00 Soil,Unit weight 1 $30.00 each $30,00 OTHER $0,00 Overtime, 15 times hourly rate 1.5 x hourly rate per hour Suhconsultants Cost+ 15% Estimated Project Total: $22,660,00 I Phone (206)-786-8645 Fax: (253)833-7316 Emad:Jason®jasonengineering,conI PO Box I81 Auburn WA. 98071 I EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 Oland shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 Liabilitv'nsurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,006 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain; or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.; D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. P. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: August 21, 2012 SUBJECT: S. 228th Street Union Pacific Railroad Grade Separation Project Agreement - Authorize MOTION: Authorize the Public Works Director to sign the South 228th Street Overpass agreement with Medina Fund One LLC, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The City has been coordinating with property owners along South 228th adjacent to the future Union Pacific (UP) Railroad Grade Separation project. This coordination includes working with property owners to ensure that any redevelopment of adjacent properties will accommodate our future project. During the past year, Public Works staff has worked with Medina Fund One LLC to purchase property and mitigate driveway access issues that would be a result of raising 228th Street. This agreement will reimburse Medina Fund One LLC up to a maximum of $398,000 to reconstruct its driveway to accommodate the change in grade associated with the future project. The property owner has an on-going redevelopment project at this location. Completing this work now will reduce costs to the City, impacts to on-going business operations, and construction time in the future. EXHIBITS: Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The cost of this will be paid with the existing Public Works Trust Fund loan for this project. South 228"Street Overpass Project Agreement (City of Kent South 2281h Street/Union Pacific Grade Separation Project) This Agreement is entered into this of 2012 between the City of Kent ("City') and Medina Fund One, LLC, a Washington Limited Liability Company ("MEDINA").The City and MEDINA shall be referred to collectively herein as "the Parties." Background The City intends to construct an overpass ("the City Project" or"the Project") on South 228t" Street across the Union Pacific Railroad mainline rail tracks as contemplated in the City's six-year Transportation Improvement Plan. As it crosses the Union Pacific tracks, South 2281"Street is a four- lane thoroughfare, as seen on Attached Exhibit 1. The Project will elevate South 228`'Street over the railroad tracks,thus eliminating the at-grade crossing. The City presently anticipates that construction of its Project will begin within five years from the date of this Agreement,although the timing remains uncertain and is not critical to this Agreement. The Project will result in an overpass similar to the one depicted in Exhibit 2. MEDINA owns property adjacent to the contemplated overpass, as identified on Exhibit 3, attached ("the Medina Property"). MEDINA is planning modifications to the existing building on the Medina Property. The planned modifications (the "Medina Building Modification Project" or the "Medina Project") are roughly depicted on attached Exhibit 4. MEDINA intends to construct the modifications within one year from the date of this Agreement, although the timing remains uncertain and is not critical to this Agreement. The City's anticipated Project is relevant to MEDINA'S planned building and site modifications in several ways explained elsewhere is this Agreement. For example, one of two existing MEDINA driveways—the driveway marked "Existing Driveway 2" on the drawing attached as Exhibit 1—will be permanently closed as a result of construction of the City's overpass Project. Existing Driveway 1 will remain but will have to be reconstructed when the City's Project is constructed, as explained in detail in the body of this Agreement. As a condition of approving the Medina Project, the City required MEDINA to dedicate five feet of right of way and a utility easement paralleling South 228"Street, all as described in greater detail elsewhere in this Agreement. Medina has conveyed the required right of way and easement rights (Exhibits 5 and 6, attached). The City wants to coordinate with MEDINA so that MEDINA'S Project is undertaken in a manner that will facilitate several of the City's needs attendant to the future City Project, particularly with respect to certain parking lot and landscaping modifications that would be unnecessary but for the impending City Project. Further, the Parties want to reach agreement on certain landscaping concessions that MEDINA seeks with respect to its South 228t"Street frontage. To address these and City of Kent/Medina Fund One, LLC,Agreement Re South 228'h Street Grade Separation--page 1 other issues related both to MEDINA's Project and to the City Project, the Parties enter into this South 288`"Street Overpass Project Agreement("Agreement") as follows: Agreement 1. Landscaping concessions,obligations, and certain costs borne by City MEDINA is concerned about City landscaping requirements that may be implicated by MEDINA's Project, by the City's Project, and/or by the combination of the two Projects. To provide certainty as to what those requirements are and what they will be when the City's Project is constructed, the Parties agree as follows: a. MEDINA'S Project plans include certain landscaping as shown on attached Exhibit 7. b. The City will pay for the landscaping referenced in subparagraph 1.a above in the area of the Existing Driveway 2, which will be closed. c. THE CITY GRANTS MEDINA a waiver, as follows, of the otherwise applicable 15- foot-wide "front yard" landscaping requirement that is applicable by virtue of the Kent Municipal Code and MEDINA's M2 zoning. The City hereby represents and warrants that when the City constructs its Overpass Project, MEDINA will retain only a 10-foot-wide landscape strip between the paved parking and the City improvements. The City further agrees and warrants that MEDINA's"front yard landscaping," as it will exist following completion of the City Project even if less than the anticipated 10-foot width of landscaping actually remains, shall be deemed "legally conforming." d. The City hereby agrees that landscaping contemplated by MEDINA's landscaping plan as indicated on attached Exhibit 7 shall be sufficient along South 228`h Street following completion of MEDINA's Project to accommodate the driveway regrading contemplated in this agreement and be deemed legally conforming. e. Consistent with subparagraph c above, the City shall not require any additional landscaping on the MEDINA Property after completion of the City Project because of any loss of landscaping along South 2281h Street caused by the City's Project, although the City may at its own election and at its cost choose to make up for the loss of five feet(in width) of landscaping, , in which event any replacement landscaping shall be located and constructed as follows: City of Kent/Medina Fund One, LLC,Agreement Re South 228`h Street Grade Separation—page 2 1. The City shall consult with MEDINA to determine where on the MEDINA property any such additional landscaping could be installed without negatively impacting MEDINA's use of its property. One such location, for example, might be along the eastern edge of MEDINA's property where a rail spur is presently located, in the event the rail spur were removed. The rail spur is identified on the aerial photograph attached as Exhibit 3. Other possible locations may exist around the building or the property perimeter. 2. MEDINA shall not unreasonably withhold its assent to a possible landscaping location suggested by the City as contemplated in subparagraph 2.f.1 above 3. If additional landscaping is proposed or required by the City as contemplated in the immediately preceding subparagraphs of this paragraph, it shall be the City's sole obligation to construct such landscaping, at its sole expense, in the location or locations agreed to between the Parties. 2. Reconstruction of MEDINA's Driveway 1-and Regrading of Adjacent Parking Area The Parties acknowledge that in order to accommodate the City's Overpass Project, it will be necessary to reconstruct MEDINA's Existing Driveway 1 and to regrade the adjacent parking area as well as permanently close existing driveway 2. The City acknowledges that this reconstruction and regrading of Driveway 1 and the adjacent parking areas would not be necessary but for the City Project. The Parties also acknowledge that Driveway 1 will be restricted from trucks turning left out of the driveway after the City's project is complete. Medina wants to minimize the impacts of this reconstruction and regrading by completing this work, to the extent possible, at the same time that it constructs its own Medina Project. Accordingly, the Parties agree as follows: a. Medina shall, in conjunction with the Medina Project, contract for the reconstruction and regrading of Driveway 1 and adjacent parking areas as shown on attached Exhibit 8. The City shall be responsible for the costs of completing this work, as follows: b. Medina has provided the City a cost estimate for the work referenced above, which is depicted in the drawing attached as Exhibit 8 attached to this Agreement. c. Medina has provided a cost estimate for the work depicted in Exhibit 8. A copy of the estimate is attached as Exhibit 9 to this Agreement. d. The City hereby agrees to pay Medina, WITHIN 30DAYS OF WRITTEN NOTIFICATION OF PROJECT COMPLETION the estimated cost of the Driveway 1 construction and regrading work set forth in Exhibit 9, but only after the work has been completed and only after Medina has been billed by its contractor for the work. If the actual cost of the work is less than the estimated cost as set forth in Exhibit 9, the City shall City of Kent/Medina Fund One, LLC,Agreement Re South 228`h Street Grade Separation—page 3 pay the lesser actual cost only. If the actual cost of the work exceeds the estimated cost as set forth in Exhibit 9, the City shall pay the actual cost but only up to an amount not to exceed $398,000, INCLUDING SALES TAX (the "Not to Exceed Amount"). Medina shall be solely responsible for any amount by which the actual cost exceeds the Not to Exceed Amount. e. Even after completion of the work shown on Exhibit 8 and estimated in Exhibit 9, it will remain necessary to perform additional construction work at the time of the City Project in order to match the grade of the reconstructed S. 228th Street to the grade of Driveway 1 as reconstructed pursuant to Exhibits 8 and 9. MEDINA agrees that upon 30 days'written notice from the City, the City shall have the right to enter the portion of the MEDINA property shown on Exhibit 10 attached hereto in order to accomplish this Driveway 1 construction work. This subparagraph shall operate as and is intended as a "driveway reconstruction permit" and shall require no further notice beyond the notice provided pursuant to the subparagraph.When the City Project is constructed, the City shall use its best efforts to complete the work referenced in subparagraph e above as quickly as possible in accordance with standard construction practices and scheduling, and the City shad coordinate with MEDINA for completion of all such work in a manner to be mutually agreed upon, which agreement shall not be unreasonably withheld. IN WITNESS WHEREOF, this Agreement has been entered into effective 2012. City of Kent/Medina Fund One, LLC, Agreement Re South 228tb Street Grade Separation—page 4 Medina Fund One, LLC By I a Tom T. O'Keefe, MANAGER City of Kent By Tim LaPorte, Public Works Director Exhibits Attached to this Agreement City of Kent/Medina Fund One, LLC,Agreement Re South 228`h Street Grade Separation—page 5 Exhibit 1: Aerial that shows the future overpass and the Existing Driveway 1 and Existing Driveway 2 location. Exhibit 2: Aerial photo shows S. 228th Street Overpass over BNSF tracks Exhibit 3: Aerial photo that depicts the vicinity,whole parcel,the rail spur,the future overpass location, and location of future work Exhibit 4: Drawings 1,3,4&5 of 5 and W-1 of 1,T1 of 2 and T2 of 2 showing the Medina building modifications Exhibit 5: Signed 5-foot-wide ROW dedication Exhibit 6: Signed utility easement Exhibit 7: MEDINA's proposed Project landscaping for its own project Exhibit 8: Drawing 2 of 5 depicting the parking lot as modified for the City's project. Exhibit 9: Medina's cost estimate for reconstruction/regrading Driveway 1 and adjacent parking area Exhibit 10: Aerial depicting the "permit area"for reconstruction of Driveway 1 at the time of City Project City of Kent/Medina Fund One, LLC,Agreement Re South 228th Street Grade Separation—page 6 �r✓r/,G m,nr /m'. i���pr�1!�'//J&r'r Y✓/'�(�lY�rl,�YfO�l�ilVeiti i� ° �� �5 � ._... 11A Or"A MM /✓u,�ri. rn� ,nz�o r opt �lw do r / �lPR7YN8rMEWi"TP� � A(�i.✓G�/ ////� / /; � � ,. Ail li .' � /I chi � 4 �AAll C4 r 'g I fr/ l 1,/lr dJ /// Or ✓ /i /r�% /V�� / r//U r ///J r// Y pr i Y r, h oir rr,air!rrirrlrvru✓/«V'6fl/ �/ riu�r</fJl� rW,Yaum AY���//�/�i / ✓di w v i Y � U U,.. Oil r %ry M. I'/.u/N / f r/O�i ;Jr iWyy��ppIW1 fid Yr/ G/ a Y v 4 lip r 0 f � n� o , I e r . 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Property Management KING COUNTY, UP City of Kent 220 Fourth Avenue South IE2547429 Kent, Washington 98032 06/07/2012 is4a KING COUNTY, WA SATAX LE $$0.00 PAGE-001 OF 001 Grantor: Medina Fund One LLCa Washm ton Limited Liability Company Grantee: CITY OF KEN7 Abbreviated Legal Description: Lot 6 & a ntn of Lot 3 81k 2 Upland Cora Park Vol. 108, pq 38-39 Additional Legal Description on page of Document Assessor's Tax Parcel ID No. 883480-0090-09 Project: 07-3023R 228th UPRR Grade Seaarg#pn_w k --tST1R QUIT CLAIM DEED Medina Fund One, LLC, a Washington Limited Liability Company ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, conveys and quit claims to the City of Kent, a Washington municipal corporation ("Grantee"), and its successors and assigns, all interest in the following described real property, situated in Kent, King County, Washington. SEE EXHIBIT "A" ATTACHED AND INCORPORATED EXHIBIT 5 Quit Claim Deed Page 1 or '�. . Exhibit A Right of Way Tax Lot8834800090 PNWTI #1147618 NE1/4 NW1/4 13-22-4 The south 5.00 feet of the following described tract of land: All of Lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King County, Washington; Together with the south 97,74 feet of Parcel B, City of Kent Lot Line Adjustment No. I_L-81-31 recorded under King County Recording Number 8812010552 (being the south 97.74 feet of Lot 3, Block.2, said plat of Uplands Corporate Park, according to the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King County, Washington). (Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5, recorded on October 20, 2008, as instrument Number 20081020001358, in the official records of King County, Washington.) to R &I �ykr�of a 9 o� 1al5TER�O ' I �r�fiJa � yf N 0'57'47" E 5.00' ——————————————— I i OWNER: MEDINA FUND ONE LLC PARCEL ADDRESS: 7250 S. 228th ST. I KENT, WA. 98032 TAX ID 883480-0090 RIGHT OF WAY AREA: 2165 SQ.FT. I I ( EXISTING RIGHT OF WAY LINE rn o W I NLLJ W 0 o N N �,rr'i N i to m co SCALE: i I ( i SCALE: 1"=60' 5' — I I S 1`12'02" W 5.00' WHEN RECORDED RETURN TO: ffll�,filfffflflf�ff�IllfffMfflllfllllflf 111111�Iffl Ilfffffif City of,Kent .1o� -p to 220 Fourth Avenue South 1 ® i ® 1 Kent, Washington 98032 FIRST RMERICRN E{iS 66.00 'N6%"0' OF 094 Attn: Engineering/Property Services KING7COUNTY, WA Grantor: Medina Fund One LLC a Washington Limited Liability Company Grantee: City of Kent a Washington municipal corporation Abbreviated Legal Description: Lot 6 & Ptn of Lot 3,. Blk 2, Uplands Corp Park Vol. 108 pg 38-39 Additional Legal Description on page of Document. Assessor Parcel No. 883480-0090-09 STR: NW 13-22-4 Project Name: _07-3023R 228'h UPRR Grade Separation J4 Ly?,OI n--D6ot Access, Construction and Underground Utility Easement Medina Fund One LLC a Washinaton Limited Liability Company.-("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which Grantor acknowledges, grants, bargains, sells, and conveys to the city of Kent, a Washington municipal corporation ("Grantee"), its successors and assigns, an access and construction easement for the design, construction, installation, operation, maintenance, repair, and reconstruction of a retaining wall to support an above-grade railroad crossing on South 2281h Street, together with a public and private underground utility easement, both easements being granted over, through, under, across and upon the following described property situated in King County, Washington: Refer to Exhibit"A" attached and made a part hereto Grantee shall have the right, without prior institution of suit or proceeding at law at times as may be necessary, to enter upon the property and immediately adjacent areas with the necessary equipment for the above-stated retaining wall access and underground utility purposes, and for making any connections to the underground utilities, without incurring any legal obligation or liability; provided Easement - Medina Fund Page 1 or 3 EXHIBIT 6 that Grantee's exercise of its rights in the easement area shall be accomplished so that the Grantor's private improvements existing within this easement area, Including incidental areas, shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the Grantee entered the property. This easement shall be governed by and construed in accordance with the laws of the state of Washington. If Grantor and Grantee are unable to settle any dispute, difference or claim arising from either party's performance of this easement, the exclusive means of resolving that dispute, difference or claim shall 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. The Grantor shall retain the right to use the surface of this easement so long as Grantor's use does not interfere with the Grantee's rights provided In this easement. Except as shown on attached Exhibit B, which depicts future construction that Grantor plans to undertake within the easement area, the Grantor and Grantee shall not change the surface grades, except as mutually agreed upon in advance by both parties. This easement shall be a covenant running with the land forever and shall be binding on the Grantor's successors, heirs, and assigns. GRANTO R(S)t o `v . A By: Its; Notary acknowledgment appears an next page - Easement - tledlna Fund Page 2 of 3 STATE OF WASHINGTON ) Ss. COUNTY OF KING ) Date; G �+ 20r 2 I certlfy that I know or have satisfactory evidence that TOw1 T. 01P-,,eFe- is the person who appeared before me, and said person acknowledged that (he/she) signed this Instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Ma,�ar#r _ of RLIVYtit all. d 0r.e. LILY— to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. Dated: luau 7A, ZoiZ -Notary Sea(Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. nn Notary Public State of Washington ( ignature) TRACT R.APLIN N 3TARY PUBLIC, in and for the State MY COMMISSION EXPIRES July24, 2015 o Washington; residing at Ktr)f appointment expires -. AN 2v(,UIS` APPROVED AS TO FORM: Ke�w6lezq rhnet P:ICl0V11ce10Gen 11I.N0177-3012•Public lyo"Gentmb Medlnn rand(Amway)Eaeemenvd= Easement- Medlna Fund Page 3 of 3 Exhibit A Access, Construction and Underground Utility Easement Tax Lot8834800090 PNWTI #1147618 NEi/4 NW1/4 13-22-4 The north 10.00 feet of the south 15.00 feet of the following described tract of land: All of Lot 6, Block 2, Uplands Corporate Park, according to the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King County, Washington; Together with the south 97.74 feet of Parcel B, City of Kent Lot Line Adjustment No, LL-81-31 recorded under King County Recording Number 8812010552 (being the south 97,74 feet of Lot 3, Block 2, said plat of Uplands Corporate Park, according to the plat thereof recorded in Volume 108 of Plats, pages 38 and 39, records of King County, Washington), (Also known as Parcel B, City of Kent Lot Line Adjustment Number LL-2008-5, recorded on October 20, 2008, as instrument Number 20081020001358, in the official records of King County, Washington.) yY �q 0` K. en x ,�`VA L. Tro .a 531NdM N 3d3]NA NON °r " p.....o •ti 019 Hill OR MIN OW B J N�-ws HNazz III OR oszt 0018 )NA WV 3Hi 801 NOIll00V OHO Nv d 'dv�saN n hn e. $PL'R TRACY.TO P,F AMNION s m a IJY L � NSF f°. Q I Y 5 I � April 1S;2012 `vlr Tom0'Keetz :) 0'l<eefe Development 19300 Cascade Ave. S, Suite 201 p ;cattle.. WA. 901 H Re: Away Autry Chainges(Intedln Gtajing "'l 11) Toro. The following is out price:quote for the Interim Grading as defined on plans prepared by Barghairseu lainiueerinfl dated 5!1 S/l 1. P}ease rzview breakdown and clarifications below. 'this reflects th,, added cost to the project. Relocate Trailer-Relocate temporary Amway trailer one or two docl, bays Po the north f to allow for different access and removal ()]'the retaining wall. Trailer will be turned around with the doors facing north and a new 11C ramp will be installed for customers. lReattach elect0cal and water. 5,500. Survey(Alto;.ante)-Layout new retaining walls,grades and set elevation of relocated catch basins. 9_000. Soils Tming (A]Nmvance)-Provide periodic testing of soils placement and proof roll lxior to asphalt installation. _ 1,/50, pjcnr01iti0n ant} Clearing-,Asphalt removal and disposal_ concrete removal and disposal including load ramp, flag pole patio and extruded carbS trees shrubs and sod. Si[rfencin1<. i1.765. 7 as tlaii'ot S;-Excavate and badcfill fur rcuwiing Qualls,grade for wallas,Plante1 and asphalt paving. i oei �s�,�- lnsuall howl:m, per;ilan 50. r ilP date,iz3 - hr poii and Place ;100 ions of select fill pit run materials with true], and trailer. Provide street clean-up. 9C.;79. EXHIBIT 9 R 0. ,SQX 270Sbi SMILE, A/9 M 1105 - (.,06) 62 0115 JOSEPS.4 153,1D Utility (Budget)—There was no design on the plans so we,have included the following: Install (1) 'rype 11 48"manhole at loading dock ramp. Raise(3)existing manholes and grades to revised grades. Provide rockery drain and perimeter drain around tYrUISh07plCr depression. 10.069. Fire Iiy,di•ant—Relocate fire hydrant per plan. A new hydrant will be installed with the latest connections. 3,759. Asphalt Paving—Install 3" asphalt over 6"base at main truck drive 44.i3 sy (see plan). Balance of area to receive 2"asphalt over 4"base 1.702 sy, East parking lot to receive asphalt oveflay 558 sy. 6,834. Landscaping—Landscaped are did not change much only the addition of some hydro seeding of the sloped south side and relocation of the sprial(ters for this area 2,888. Fence— histall new fencing along north retainin2wall. Reuse existingzolling gate. 1.200. stripi1w—Stripe an additional (36) stalls not included in base quote 275. Extruded Curbs— Install additional extruded etu'oino. No twheel stops are included. 5.505_ Retaining '4,4a4I— Construct new concrete retaining walls al (3) locations. North relainin") wall to be S'' thick, Center radiused iwall and by sidewalk to be 6'thick. 55.?18. Sic,e,r•nalcs—Install added sidewalks per plan. 17,932. Ramp Crodit—Eliminate ramp at west end of huilding inclusive of hmdraiI. <11,S3S Handmits—Install approx 20 If of handrail next to transformer. 1,575. {tenet al Conditions— Supervision, Grade monitoring, Continuous clean-up; site safety, barricades, signage 17;322. ' ------------------------- Subtotal 3301547. O, H&P 33,055. -------------------------- Subtotal 363,602. WSST 34,542.19 Tom]Budget Amount S 398,144.19 Alternate Trniter Location—lf trailer needs to be relocated to the north end of the building the cost to extend ttte power and water to this location adds: $ i bs 10. , lax Excludes: Permit cost,Engineering/Architectural fees, Landscape design, Remscnlladon of t7ag pole,exterior lighting, phone relocation. Please contact me with any tluestionS. 13(,,st Reeards, Dodd Hmlwann 3.) Y I f Iwil lo�ry�j�lNlllll'llV�l �� ,,/, '/% ✓/v rr /i r r// rr / i�// r /% r,,;,,,��r �j i,/r r �l� ��/It ;' Q ' A CL Po fog � �/ � EEk1'JiiJJlll �/ r� l 'rir r r o( l / /ll,. YFr.�o Jrl ,i�J//�/�I�VWYr''Mf➢'PAVjV ,)uJr/IIIIIFIrRri//1✓ti/ P t � ' 1p rr r r��V���i//�����>��1)'�r��i/��l%?%l%r fir'©ily�Ir��JIP� Y�OIW� �/✓yn� �� %!' "` / �. "ii, s✓/iairur AVJa� ���rUinr��Iv i(� //, /dr i�lV�/ra��i�ir//iti �ir///166 r/r;(,� ✓ AJd / r_.._ lam' .... ......_ '� ...'� , err. sac-e•-ms + m - a�va.S Z ' xso-eze caozl �^^ '� NOI6f1UdX�`JMQ77f7fi EBMA[9 2ZI96 tlM 3'p,Ltl35 +` '�'& � ( rJ ��'F � ri AO OSZ 3ms`3Atl 3OIS3NV10EL €1 z� a��ni ,� d SElSL (RUM)NV1d O41aVN`J S31b1O sS ONY N3T nn 3OWl fir/ _ xvw:]n\3v mar=uei SnbN9� u a IN -p 4 R -d€: aN✓dl it �� tzg i` 3oR a € -140 Mods i p./r—y Ed®1 €q -NP Rom p a' 3 €s �g - W �g'g R 59 56 A polie ZE _ I i I } i 3 O HW a, ¢ ] p i 3 MKit 1 S '41 �` __._. n pi � ja50 1 IL Ij s� s a i t 2 a w 1 i s 5: t KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: August 21, 2012 SUBJECT: Forest Ridge Court Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Forest Ridge Court project, permit 2052140, for 10 gate valves, 3 hydrants, and 1,645 linear feet of waterline, 4 manholes, 1,188 linear feet of sanitary sewerline, 888 linear feet of frontage improvements; 5 catch basins, and 92 linear feet of storm sewerline. SUMMARY: The Forest Ridge Court project is located at 12301 SE 274th Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT 460 a ATTW Jackie Bicknell 220 — 4T" AVENUE SOUTH ENT VYA S H I N Q T o N KENT, WASHINGTON 98032 Project: Forest Ridge Court ''T' RECC-2052140 ;" `_', Permit #: Location: SEC 122nd Ave. S.E. $ S.E. 274th St. Parcel #: 332205-9019 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 2nd day of April- 20 12 by and between Westpac Parkland 1, LLC , 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 10 gate valves at $ 700 each, 3 hydrants at $ 2.000 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Street and easement SEC of project along 124th NWC of project along Ave. S.E. S.E. 274th St. Including 1,645 linear feet at $ 50 per LF of 8-inch (size &type) D.I. waterline. B. SANITARY SEWERS: Together with a total of 4 manholes at $ 3,000 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 124th Ave. S.E. & S.E. 274th SEC of project along NWC of project along 124th Ave. S.E. S.E. 274th St. Including 1,188 linear feet at $ 60 per LF of 8-inch (size &type) _ PVC sewerline. Bill of Sale 1of5 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) N/A 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 M (street, easement, etc.) S.E. 274th St. 10+00 16+55 124th Ave. S.E. 20+00 22+30 Including 888 linear feet at $ 200 per LF of road Improvement (size &type) street (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of_ 5 catch basins at $ 600 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 M2 (street, easement, etc.) 124th Ave. S.E. & S.E. 274th St. Including 92 linear feet at $ 60 per LF of 12-inch (size &type) CPEP 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 $��� `( , 20 �+ - o � it IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of , 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 1911a'c, 20 , before me, the undersigned A Notary Public in and for the State of Washington, divy commissioned and sworn, personally appeared k c L neri L CO.417-P to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this Instrument as his/her free and voluntary act and deed for the uses and purposes therein /mentioned. GIVEN under my hand and official seal this day of 20 . Notary Public in and for the State of Vlfashinggton, residing at Notary Public /{p'f State of Washington LIEN T NGUYEN LMYppointment Expires Aug J16, 2014 My Commission Eupir s: L , kq 6 -aD I �l Bill of Sale 3 of 5 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 4of5 OT KENT WASHINGTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Forest Ridge Court project dated May 8, 2006 , for the same said Forest Ridge Court project. All Sadr, P.E. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers , the firm responsible for the preparation of the record drawings. 0 Signature (Engineer stamp required) ()lyntlFw Bill of Sale 5of5 KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: August 21, 2012 SUBJECT: Lodging Tax Budget Adjustment - Approve MOTION: Approve the Lodging Tax Budget Adjustment in the amount of $20,000 to use toward Skate America promotions. SUMMARY: Skate America is an international figure skating competition held in the United States each year. It is an Olympic-style event featuring elite skaters for three days. This year the event will be held at ShoWare Center, October 19th -21st. This year the skaters will begin their journey to the 2014 Sochi Olympics at ShoWare Center in Kent, Washington. Lodging Tax Advisory Committee has decided that these requests from Skate America and KDP follow lodging tax rules of creating lodging stays and tourism promotion. At the last meeting of the committee on July 19th, 2012, it was voted to contribute to the promotion of this event. EXHIBITS: Lodging Tax Committee minutes RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: Yes Lodging Tax Advisory Committee July 19, 2012 Start Time 4:00 pm Centennial Conference Room 402 1. Introductions Committee Members Present: Jamie Perry, Kent City Council; Beth Sylves. ShoWare Center; John Casey, Curran Law Firm; Barbara Smith, Executive Director Kent Downtown Partnership (KDP); Blane Webber, General Manager Marriott Towne Place Suites; Andrew Hutchison, Manager Best Western Plaza by the Green; Others Present: Kurt Hanson, Kent Economic Development Manager; Pamela Mottram, Admin Secretary, Kent Economic & Community Development; Robert Nachlinger, Kent Finance Director. Guests: Lori Hogan, Recreational and Cultural Superintendant, Kent Parks and Community Services; Doug Siegert, Kent Parks Dept, Recreation Manager, Kent Commons; David Heldt, Kent Parks Dept, Program Coordinator, Kent Commons; Andrea Keikkala, Executive Director, Kent Chamber of Commerce. Chair Jamie Perry called the meeting to order at 4:00 pm. Committee Member Smith MOVED and Committee Member Sylves SECONDED a Motion to APPROVE the minutes of May 23, 2012. Motion PASSED. 2. Reports Seattle Southside: Katherine Kertzman was not in attendance. KDP: Smith submitted a report that listed the efforts KDP has been working towards to promote tourism and draw people to downtown. Some of those efforts included the placement of 5 new black benches, ceramic planters and 72 hanging baskets; the production of a new website to better sell the downtown and businesses; the sponsoring of festivals and events in conjunction with Kent Lions and local businesses; placing banners throughout downtown; placing a brochure rack at the Sounder train station for dining and shopping guides to Downtown; and researching funding options for continued efforts to light up' downtown. Kent Chamber of Commerce: Keikkala reported that from January through April 2012 staff handed out 28 relocation guides averaging 7 per month, dropped off 500 guides to local hotels and restaurants, received 250 tourism inquiries averaging 62 per month, had 72 walk-ins averaging 18 per month, received 160 phone calls averaging 40 per month, received 18 email inquiries averaging 5 per month and received 30 hotel inquiries averaging 6 per month. She noted that inquiries have increased 50% since the announcement of Skate America. Keikkala stated that the Chambers has partnered with Skate America to promote a landing page for the Chamber's website that includes a Welcome Skate America feature guiding to information on Kent and highlighting businesses, restaurants and hotels; and is working collaboratively to distribute welcome packages to Kent businesses. Keikkala stated that the 2013 directory is expanded from 12 to 16 editorial pages with a newly designed cover. ShoWare Center: Sylves stated that Kent has partnered with ShoWare to bring the Tacoma Legislative Coalition South Sound Team to ShoWare to hold their debate on October 41h Staff is targeting the governor's race and hope to get the State Auditor, Secretary of State, and Attorney General to hold state level debates there. ShoWare is launching a business expo October 3r' with 90 vendor booths and 10-12 restaurants. She noted that 2500 people have previously attended this event. ShoWare is looking at reshaping the Find It In Kent Campaign' evaluating how best to market it. Sylves stated that she has been working with Perry and events people to launch a Sports Commission and communicating with businesses about the importance of advertising Skate Lodging Tax Advisory Committee Minutes of July 19, 2012 America by using window decals, distributing welcome packages, and offering special promotions. Sylves stated that ShoWare hosted two classic R&B concerts which drew nearly 8,000 guests generating room nights from the new edition shows. In June ShoWare welcomed 41,544 guests to 13 graduation ceremonies. A graduation ceremony is scheduled August 2"' for Renton Technical College. Sylves stated that Council President Dennis Higgins was featured July 2"' on Comcast Newsmakers talking about Skate America's impact on Kent & South King County. This telecast was aired in the western region of the US and in Canada. Sylves stated that staff set up basketball hoops at I" & Gowe in front of KDP for a 3-on-3 demonstration which generated lots of interest; and staff distributed 1,500 Skate America hand-clappers during Cornucopia Days and at the Riverbend 5K run. Sylves stated that staff facilitated an economic impact study and conducted intercept surveys at graduations & concerts. Survey questionnaires were emailed to various groups with over 2000 responses received. The Northwest Basketball Association Seattle Storm will hold a 3-on-3 tournament Saturday and Sunday July 281h and 291h They will conduct clinics. July 31s1 ShoWare will conduct a Job Fair that could generate job search based tourism. Sylves announced that on August loth at the conclusion of the Summer Olympics, NBC's Today Show will broadcast information on the Winter Olympics that will include Kent. Sylves submitted a data report that captures a percentage of ticketed event sales based on geographic location and specific events (not including cash sales) citing that the highest percentage of sales were generated from South King County. Seattle Southside (continued): Hutchison stated that he would contact the Kent Hoteliers and Seattle Southside to schedule a meeting regarding the Tourism Promote Area (TPA) as a meeting has not been held yet. He noted that Kent has 11 hotels with 61 rooms or more. Perry opined whether or not this committee should continue to fund this group with Hanson stating that the hoteliers should be gauged before the Board takes further action. Hanson stated that Economic Development will set up the meeting with the hoteliers and Seattle Southside. Webber stated that Tukwila and Sea Tac seem ready to move forward with the TPA although they may not have petitions signed yet. Hanson stated that the Committee has the authority to give 30-day notice terminating the City's contract with Seattle Southside. Webber stated that it would benefit Kent to retain that relationship as Kent's location on the Kent/Tukwila border would allow opportunities to be grouped in with South Center and Tukwila. Hutchison stated that our group feels that some of the funding now in the hands of the hotels should be shared with the State Tourism Promotion Department. Hanson stated that the hoteliers will be invited to the September 201h meeting to discuss how Kent will benefit through the TPA. 3. Old Business Update on the Economic Impact Study: Hanson stated that he spoke with the Community Attributes Consultant Chris and that a draft report will be distributed to this Committee the week of August 61h Hanson stated that 21 business interviews (including historic downtown) have been completed with the anticipation to five to ten more interviews. Two intercept surveys (taken at graduations and new edition concerts) were completed reaching more than 400 people. Hanson stated that he has personally received over 1000 email responses with the number reaching over 2000 to date as responses continue to come in daily. Hanson acknowledged the Committee's $5,000 donation and stating that the cost of this study is $36,000. Lodging Tax Advisory Committee Minutes of July 19, 2012 Update on the Parks Fence: Heldt stated that Kent has held many tournaments over the years with the Parks Department continually receiving requests for information on area restaurants and hotels to accommodate tournament teams and promoters for events held in the Kent Commons Community Center or within Kent. Heldt submitted a report which accurately portrays all tournament events, trade shows and special events held in Kent with the exception of national tournaments. Seattle Southside has benefited promoters over the years by providing them with funding to market their programs. Heldt stated that a Men's double Softball tournament was held in June (24 teams) requiring 577 room nights booked with a high percentage of those rooms booked in Kent over a four day swing. Hotels around Russell Road were booked for those tournaments. Heldt stated that Kent hosted the Northwest Regional Babe Ruth Tournament July 121h _ 161h at Cartwright field consisting of 10 boy's teams, with 81 rooms booked for that tournament for people from Oregon, Idaho, Montana and Canada. Heldt stated that the Committee's $10,000 donation paid for the majority of the cost of the portable fencing at the service club ball fields and Russell Road Park fields. Heldt stated that the Parks Department has recouped a portion of the cost of by charging for setup and breakdown of the fields. Heldt stated that the youth program promoter Jim Donner is working to bring a national sports team to Kent in 2014 for ages 14 and under. Hogan thanked the Committee for supporting the fencing which has been integral in terms of enticing event sports organizers to Kent. She stated that Dave has developed a strong relationship with various sanctioning bodies and event organizers, bringing tournaments to Kent whether they're soft ball, slow pitch, fast pitch, or soccer. Hogan stated that she believes this group can play a key role in bringing those teams to town. Sports participation in Kent has a significant economic impact on the region and we want to continue to build those partnerships and relationships. Perry asked what the Sports Commission Committee could do to better support the Parks Department in their ability to do what they are already doing. 4. New Business Draft Funding Request Forms: Nachlinger stated that the funding budget deadline is December 31" of each year. Hanson distributed a first draft copy of the funding request form. He stated that this form includes (1) questions on how their request meshes with their organization, (2) includes the vision, mission and objectives (tourism and hotel stays, strategic partnerships, branding, and the sports commission) of the Committee. The form includes a minimum grant amount of $250.00 with Kurt questioning whether or not minimum or maximum grant amounts should be included on the form. Discussion ensued on the issues of whether or not to include language stipulating funding limits or to establish deadline dates for submittal. Perry and Sylves voiced support to implement deadline dates with Sylves recommending language that would allow for exceptions to the rule' submittals. Hanson suggested language to indicate "you will have a better chance of receiving your funding if you submit your application by this date" with Perry suggesting that "an exception will be accepted only in extraordinary circumstances". Hanson stated that this form will be housed on the City's website and staff will be able to dispense it to tournament organizers and other events we see through ShoWare. Hanson stated that he will return with a final draft at the September 201h meeting for the Committee to consider. Sports Commission: Sylves reported that an Ad Hoc Committee has been formed and has held two meetings with Andrea Keikkala, Dawn Colston and Jeff Watling in attendance to discuss starting a Sports Commission. The Committee has drafted a mission statement. Lodging Tax Advisory Committee Minutes of July 19, 2012 Sylves stated that the Ad Hoc Committee will use the Parks Facilities Master List of Tournaments and Special Events to compile information for event producers of businesses in town that would benefit from their presence. This committee wants to look for opportunities to bring new events to Kent and to fill in any down time in the parks or school district facilities with those events that occur locally or regionally. The Committee has discussed hosting a reception; inviting tournament directors and perhaps potential corporate partners from within the community. Sylves stated that if the Committee implements a sports commission we would want to attend trade shows nationally in an attempt to attract national and regional events to the area. She stated that all of that has a cost associated and a nice way to help cover some of those costs is corporate partnerships. Sylves recommended putting together a list of businesses and avid community supporters, including a section inviting corporate, tournament directors and people involved with Skate America that would benefit from the increased foot traffic and visitors; as this will be a very high profile event. Perry stated that the National Association of Sports Commission holds a yearly event where you can go to learn what it means to be a sports commission, how to set up a sports commission, where you set up a booth to promote and invite teams to your city. Communications: Perry opened the floor for input from the Committee on what they should be doing next with respect to strategic goals and establishing new partnerships. Keikkala stated that Michelle Wilmot is actively working on Kent's website and development of the community calendar. Branding: Perry stated that she would like the Committee to move toward Branding' Kent. Smith stated that it is difficult to develop marketing materials for downtown Kent as the city is still not known for anything specific. In response to Perry, Smith stated that she believes the capacity is there to proceed with branding'. She stated that she has two board members who currently contribute money and that KDP could possibly use the B & O program as a resource for revitalizing downtown and branding Kent. As long as the KDP is trying to revitalize downtown through the main street program, the KDP can get businesses involved where they can get 75% back on their tax credit for next year and be able to get a write-off for the full amount on their 2012 income tax. Perry stated that she would like the Committee to forge a plan, to evaluate how the lodging tax is used, determine what KDP can contribute; then bring in folks to give proposals on what they can do, what it would cost to brand Kent. Smith stated that the KDP's executive board will hold a meeting on Monday where she will see if she can get a commitment from two or three of the board members to take this on and will report back to the Committee. Perry stated that this Committee could hold a mini-summit with potential partners to determine what they can commit to, how much they can fund and go from there. Nachlinger suggested looking at the Service Clubs. Hanson stated that he along with Julie would commit to organizing a mini-summit meeting with Perry agreeing that the meeting would be held separately from the September 201h committee meeting towards the end of August after the 251h Skate America: Beth Sylves distributed a couple reports that showed levels of sales for the Skate America event. She reported that 1300 all session passes have been sold, with purchases made from Japan, Canada and numerous states. This was accomplished with zero marketing or money spent on advertising for this event. All marketing has occurred through US Figure Skating announcements with regular updates to skating clubs. Advertising and marketing efforts will begin in Kent, Vancouver BC, nationally and internationally on August l Oth. Sylves stated that Skate America approached Kent in January. At that time they were struggling to find a venue for their event. Kent was receptive. ShoWare Center was a good location to host this event and Kent was not required to undergo the normal two year bid Lodging Tax Advisory Committee Minutes of July 19, 2012 process with a commitment of funding from the corporate community to host this event. She stated that normally the organizer has one to two years to secure the corporate support to fund everything associated with this event. It is going to be a challenge to reach the financial goals for this even, however it will not jeopardize the event in any way. What could impact Kent, is the ongoing impression that US Figuring Skating has on our community. Sylves stated that as of now figure skating does not have an entity in South King County or this community supporting them financially. Sylves stated that there are benefits associated with the $2,500 or $5,000 sponsorships and felt that if the member organizations budgets would allow them to offer support, it would send a powerful message to Skate America. Sylves stated that at the Sports Commission meeting there was discussion about holding a hospitality event, inviting tournament and corporate directors with US Figure Skating's approval. If Kent supports the event with a financial contribution that makes that hospitality event more likely and Kent would have ownership in the event and more control over the marketing and advertising. She stated that a workshop may be held early August to consider how to deploy information out on this event. She stated that a plan is in place to involve the school districts, to have different schools adopt a county, support the different athletes and cultures. Perry questioned the committee about what level of sponsorship the Committee should consider with Hanson stating that the Committee's end of year fund balance will be $118,000. Nachlinger stated that incoming revenues will increase about $10,000 over budget. After deliberating on how much the Committee should support Committee member Hutchinson Moved to support a donation amount of $10,000 with Committee member Casey Seconding the Motion. Motion Carried. 5. Budget Nachlinger stated that he has not put together a 2013-2014 budget report as he was seeking input from the committee before doing so. He stated that he could easily put together Seattle Southside, tourism unallocated and tourism chamber again, but did not know if the committee wanted to take a different route. Perry stated that the Committee needs to discuss this at their next meeting with Seattle Southside in attendance. The numbers will not change but allocations might. Nachlinger stated that he anticipates the revenue budget to increase about $10,000 with incoming revenue at about $200,000. 6. For the Good Of the Order Kurt stated that the Operations Committee cleared David Kwok, John Casey and Beth Sylves for reappointment to the Lodging Tax Advisory Committee on July 181h and is scheduled to go to City Council on August 71h on the Consent Calendar. 7. Assignments for the Next Meeting Perry stated that the major focus for the next meeting will be to evaluate what is going on with Seattle Southside, to review what the budget is going to look like for next year, assess where we are with branding and communications. S. Next Meeting Date: September 20, 2012 The meeting was adjourned at 5:40 pm. 7012 Community - Partners rn ,W&A In King Hi ON HHONORS What is Skate America? ti Skate America, part of the International Skating Union Grand Prix Series, is the premier international figure skating competition held in the United: F States each year. This Olympic-style event features 52 elite skaters from 13 countries competing in ladies, men's, pairs and dance. Neatly r' packaged into a three-day weekend schedule, these world-class athletes q will compete at Kent's ShoWare center October 19`h— 21Gr, 2012 as they beqin their iournev to the 2014 Sochi Olympics. Benefits ® 15,000 plus spectators over a weekend in the off-season • Nationally broadcast on NBC, with added television coverage in Canada, Japan, Korea, Russia and other European countries • Regional, national and international print and photography journalists • Brand association with U.S. Figure Skating —the national governing body of figure skating in the USA comprised of more than 180,000 members. Figure skating offers a family oriented audience, with an emphasis on the female affluent consumer— 35 — 65 years. What do we need? In Kind Donations • Presenting Sponsor of the Officials dinner—dinner & short entertainment for 50-75 guests • Presenting Sponsor of the Closing Party - ate night buffet and entertainment 250-300 guests • Five high-speed, full service copiers, plus on call emergent technical assistance • Volunteer apparel, fleece vests or light jackets for approximately 250 volunteers • Officials gifts — 50 to 75 items (easy traveling gifts preferred) • Athlete and delegation gifts — Athletes = 50, Delegation = 300 • Daily Media Hospitality Sponsors for local and visiting media • Florist — bouquets for medalists (18), centerpieces for Official's dinner (10), assorted table arrangements for credentialing, closing party, judge's room, media room, Kiss & Cry (20) • 6 shuttle vans-Oct. 22-26, 2008 (15 seat) can display logos, ads —different sources is fine • Wine and spirits — hospitality room, official's dinner, closing party Fruit and healthy snacks for athletes, volunteers, delegation and staff • Beverages —water for athletes (approx.. 500 bottles), sports drink, soda, etc. ® Tissues— for Kiss & Cry platform, pre-event warm-ups, athlete lounge • Three water bubblers plus water (approx. 20 @ 5gal.jugs) and serving cups • Towels — 100 white hand towels to be removed and replaced each morning for athletes • Gaming consoles, board games, arcade games for the athlete lounge • Transportation — approx. five vans & two sedans for U.S. Figure Skating staff& VIP guests • 50 Office chairs — Thursday through Sunday—judges/officials stand Copy paper (multiple colors), printing services (marketing materials) Signage —vinyl, foam core, etc. • Use of warm-up mats • TV's to be borrowed for in-venue use Contact Laura Lee, Production Sports at productionsports@mac.com or by phone (360)348-3622. 1 All Is subject to U.S. Figure Skating approval. i k DOWNTOWN PARTNERSHIP August 2, 2012 Skate America OLYMPIC TRIALS: Week of October 15-21, 2012: Event is October 19,20,21 What does Skate America mean? Skate America is an organization that is hosting the first Olympic figure skating trials at ShoWare Center the week of October 151h. This Olympic-style event features 52 elite skaters from 13 countries competing in ladies, men's, pairs and dance. These are skaters on a journey to compete at the 2014 Sochi Olympics in Russia. ✓ Skate America anticipates as many as 15,000 spectators over a weekend; IN OUR OFF SEASON ✓ Event will be nationally broadcast on NBC; with coverage in Canada,Japan, Korea, Russia and other European countries ✓ Regional, national and international print and photography journalists will be here ✓ Brand association with U.S. Figuring Skating; comprised of more than 180,000 members ✓ Audience is family oriented with emphasis on the female affluent consumer-35-60 years Last week the LTAC awarded Skate America $10,000 to go towards marketing this event. Following are the marketing and public relation tools they are purchasing. ➢ 20 billboards will be purchased plus bonus billboards will be added for free TV buys with KOMO Radio talk shows, such as,WARM;they will promote contests,there will be commercials and on- air interviews with the some of the skaters Y In September there will be an ad in the Seattle Magazine ➢ August 101h reception hosted to view the Today Show live who will be unveiling a surprise. This will be about a skater that will be participating in the Olympic trials at Kent; media will be invited to attend. This skater has been retired and will be announcing their return to competition. September 141h, hosting a kick-off of Skate America downtown Kent that will include closing down a street for a block party. Seattle Times will be there for sure; still working on NBC affiliates to attend besides our own local media. Ashley Wagner will be coming in early for the Olympic trials for public appearances Working with Mariners,Seahawks, Seattle Sounders, etc.to be showcased at one of their games,such as,Ashley throwing out the first pitch at a Mariner's game TV ads on Comcast; Comcast now owns NBC ➢ 50 ads in Kent and Federal Way newspapers 50 ads in Issaquah, Redmond and Woodinville newspapers As you can see your$10,000 is going to pay for not just awareness but to bring people into Kent who might not otherwise come. It may be the first time they have come to ShoWare Center. That puts them I I on the map for return visits forth variety of events they host throughout the year; including our Seattle Thunderbird games. We see these Olympic trials as more than people coming once for this event;we see it as an opportunity to show off what we have in Kent and why other Olympic events should consider coming to Kent for their next event. We are auditioning for our future. We need to do it right;we only have one chance and this is it. We realize that it is critical that we help move our 15,000 visitors, some of which will be your guests from our hotels to ShoWare Center and from ShoWare Center to our downtown. We want to provide our guests with an experience,something they will remember. The idea is that we use trolley cars to transport them. I am working with someone from Portland who might be able to rent us two trolleys with drivers. They are putting together a proposal. We will need to provide fuel and possibly insurance food and lodging. In addition to having fun transportation provided for your guests to and from your hotels,we want to market to the 17,000 that drive James Street every day. We want to capture our commuters on Smith, Central,Willis, etc. We would like to purchase some pole banners as well that say"Welcome Skate America".We want to create a buzz. Kent Downtown Partnership is requesting an additional $8000 to rent 2 trolleys, pay for fuel and other expenses related to the trolleys and pay for banners and the hardware to hang them and pole banners. Prices to be confirmed. Skate America is paying for the design of all our materials. KDP is paying for printing of a local dining guide, shopping guide, and a historical walking tour. We hosted our first merchants meeting this morning and there were several great ideas that we will seek funding for from other businesses and service groups. Questions? Barbara Smith Executive Director Kent Downtown Partnership 202 W. Gowe Street, Suite A Kent,WA 98032 barbaras(@I<entdowntown.org 253-813-6976 �I W14 Ma �a MAF INVOICE 20 First Street invoice No. 02013003 '.. Colorado Springs,Co 80906 Date 802012 Phone(719)635-5200 Fax t719)636,9548 i Bill to: City of Kent Lodging Tax Advisory Commission Address. 220 Fourt Avenue South Kent, WA 98032 Attn: Julie Pulliam Inullia RnAke ntwa.q ov Oty Description Unit Price TOTAL LTAC- Contribution to Skate America $ 10,000.00 $ 10,000,00 Sub Total $ 10.000.00 Please make check payable to: Wire Instructions Shipping&Handling U.S. Figure Skating Wells Fargo Bank ABA#121000248 Taxes 20 First Street Swift Code(foreign wires)is wfbius6s Colorado Springs, CO 80906 Account number #5321126244 Wells Fargo Bank TOTAL $ 90,000.00 90$Cascade Ave, Colorado Springs,CO 80903 KENT Agenda Item: Other Business — 8A TO: City Council DATE: August 21, 2012 SUBJECT: Green River Levee Improvements, Condemnation Ordinance MOTION: Move to adopt Ordinance No. , providing for the acquisition of certain property rights along the Green River to complete levee improvements. SUMMARY: The city of Kent was successful in obtaining grants from the Washington State Legislature for reconstruction of the Hawley Road and Horseshoe Bend Levees. The work at Hawley Road requires acquisition of property rights from two properties, LA Fitness and Holmes Electric. Good-faith negotiations for these rights commenced approximately 10 months ago and the City was successful in obtaining the necessary rights to the LA Fitness property. However, resolution with Holmes Electric has stalled to a point where the construction schedule is impacted. At Horseshoe Bend, property rights are required at the EFCO property. Property negotiations began in April and have come to a standstill. In order to meet deadlines, we need to move ahead with condemnation. While the City always tries to avoid, as much as possible, utilizing the condemnation process, this ordinance will provide the City the mechanism to proceed, if necessary, to condemnation on this property should negotiations continue to stall. EXHIBITS: Ordinance and Exhibits A&B RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee system; providing for the condemnation, appropriation, taking, and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of the drainage fund; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The Green River Levee Improvement Project ("Project") is necessary to provide flood protection to the City of Kent. B. Property and property rights along the alignment of the Project must be acquired in order to complete the Project. C. Efforts are now ongoing to acquire the properties necessary for this public use by negotiation and settlement agreements. 1 Green River Levee Improvement Condemnation Ordinance D. In the event that negotiated acquisition is not fully successful in advance of the anticipated commencement of construction, it is essential that the city be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, After receiving the report of city staff and after reviewing the planned improvements for the Project, the city council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real properties located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties to be acquired are approximately depicted in Exhibit "A," and legally described in Exhibit "B," both of which are attached hereto and incorporated herein by this reference ("Properties"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including improvements for drainage, curbs and gutters, sidewalks, bicycle paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility 2 Green River Levee Improvement Condemnation Ordinance adjustments, and relocations, and any other levee, street, or municipal purposes that may become necessary from time to time on the Properties. SECTION 2, The city authorizes the acquisition by condemnation of all or a portion of the Properties for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to city standards. SECTION 3, The city shall condemn the Properties only upon completion of all steps and procedures required by applicable federal, state, and/or local laws and regulations and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The city shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the city's drainage fund or from any of the city's general funds, if necessary, as may be provided by law. SECTIONS. The city authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the Properties. In commencing this condemnation procedure, the city council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. 3 Green River Levee Improvement Condemnation Ordinance SECTION 6, - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7, - 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. SECTIONS. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 Green River Levee Improvement Condemnation Ordinance 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\Condemnation Green River Levee.docx 5 Green River Levee Improvement Condemnation Ordinance EXHIBIT A (Page 1 of 3) _.............. �_,_ ............ I k� I � CAW a r Cr, f1Fll"�t �f -`1 CJ'I �Irlf P ' `b/` �r y4w•: �w�,_. I �w, �°a µkw IM / f q TCql IX 4s [ It C! A"Ytl zR 5"'S rim a_ C"s r IYr Cep e / " r , iC wr � f l !�µp � N�'jq! ryl�'MY^' S*. EXHIBIT A (Page 2 of 3) r� 400, ra „Id -� r�,4 r f f _ I n � 1 v+y + II J f / pe.r Ol 1 p tJ i ti �: Jvs 1'Y F rA. J f 16- 1 N s; } „f v EXHIBIT A (Page 3 of 3) 3RD AYE 5 , IN r� m p ,6Y 1�TI m pp zl;�4 rn w x z O e C I� DOPE w NZ N N Z fA © _ ( x UL {� `m ------------------- m 0 rn I O O < m v �� ro m z IST AVE 5 Ln ——— EXHIBIT B Page 1 of 2 Tax ID Number 242204-9004 located at 600 Washington Avenue S. Lot B, as shown on City of Kent Lot Line Adjustment No. LL-2007-15 and as recorded in King County, Washington, on April 14, 2008, under King County Recording No. 20080414002363, in King County, State of Washington, Except the westerly 8 feet conveyed to City of Kent by deed recorded June 15, 2009, under Recording No. 20090615001086. EXHIBIT B Page 2 of 2 Tax I.D. Number 000660-0109 located at 1004 3rd Avenue S. Kent 98032 Lot 2, City of Kent Short Plat Number SPC-77-30 recorded under Recording Number 7802070643. Said short plat being portion of S.W. Russell Donation Claim Number 41, in King County, Washington. 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 I(✓TS FI IN OTON OPERATIONS COMMITTEE MINUTES July 17, 2012 Committee Members Present: Dana Ralph, Jamie Perry, Dennis Higgins, Chair The meeting was called to order by D. Higgins at 4.02 p.m. 1. APPROVAL OF MINUTES DATED JULY 3, 2012 J. Perry moved to approve the Operations Committee minutes dated July 3, 2012. D. Ralph seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED JUNE 16 - JUNE 30, 2012 D. Ralph moved to recommend the City Council approve the Check Summary Reports dated June 16 through June 30, 2012. J. Perry seconded the motion, which passed 3-0. 3. RECOMMEND THE MAYOR BE AUTHORIZED TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MAPLE VALLEY FOR CITY OF KENT JAIL SERVICES WITH TERMS AND CONDITIONS ACCEPTABLE TO THE CITY ATTORNEY. (ADOPT) City Attorney Brubaker commented that the City of Maple Valley does not have a city jail facility. Negotiations between staff of the two cities resulted in the proposed agreement that Maple Valley would be guaranteed at least two jail beds per night on an annual basis at a cost to Maple Valley of $80,300 per year. Additional beds, if needed, would be provided at a rate of $135 per day. Committee Member Ralph inquired what fall back the City of Kent has should our jail facility be full as to not accept Maple Valley inmates beyond the two per night as outlined in the Interlocal agreement. City Attorney Brubaker noted that the City of Kent has a contract with Chelan County to receive overflow inmates should that occur. Committee Chair Higgins commended staff for their innovation and cost effectiveness in reaching agreements with the City of Maple Valley for Jail and Municipal Court services. Motion by J. Perry recommending the City Council authorize the Mayor to enter into an Interlocal agreement with the City of Maple Valley for City of Kent Jail Services for a two-year period. Motion seconded by D. Ralph. Motion passed 3-0. Operations Committee Minutes July 17, 2012 Page: 3 6. LODGING TAX ADVISORY COMMITTEE APPOINTMENTS (APPROVE) Economic Development Manager Kurt Hanson noted that all three appointments to the LTAC are re-appointments for additional three-year terms. All three members, David Kwok, Beth Sylves and John Casey have been excellent committee members that contribute in all aspects. Each of the appointments is very engaged in the Kent community and would serve the City of Kent well for an additional three-year term. Committee Member Perry agreed and went on to note that David Kwok, Owner of the Hampton Inn represents the Hoteliers; John Casey, Attorney with the Curran Law Firm oversees administration of lodging tax funds; and, Beth Sylves from the Showare Center oversees administration of lodging tax funds as well. All three are excellent representatives of our business community. Moved by D. Ralph, seconded by J. Perry, that the City Council approve appointment of Beth Sylves, David Kwok and John Casey to the Lodging Tax Advisory Committee for three-year terms. Motion passed 3-0. The meeting was adjourned at 4:20 p.m. by D. Higgins. Patrick Briggs J Operations Committee Secretary 400 �-/ KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES July 9, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Boyce was absent and excused. Perry called the meeting to order at 5:30 p.m, striking Items #4 and #5 from the agenda and moving them to the August meeting. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Perry Seconded a Motion to approve the June 11, 2012 Minutes. Motion PASSED 2-0 with Councilmember Boyce's concurrence. 2. KCC Chapters 15.02. 15.05, 15.07 Parkina and Loadina Reauirements ZGk2012-1 Councilmember Perry stated that the Committee would not take action on this item this evening and requested that it return to the Committee in August for a vote. Planner Katie Graves stated that the amendments are a component of a substantive update of the codes, reflecting the Council's strategic plan to transform regulatory processes to increase operating efficiencies. Graves stated that the amendments to Kent City Code (KCC) Chapter 15.05 relate to off-street parking and loading areas and, along with associated amendments to 15.02.331 and 15.07.040, modernize the parking code and align it with current trends and parking standards. Graves stated that the more substantial amendments primarily relate to: a parking reduction allowance for senior housing in any zone, revisions to the parking standards for junior high and elementary schools, reduction of stall dimensions and increase of the compact percentage allowance, more flexibility in site design, clarification of loading requirements, encouragement of LID and parking lot landscaping, permeable pavement requirements for parking areas above the minimum required, and paving requirements for parking areas in the front yards of single family lots. Graves stated that the Land Use and Planning Board recommends approval of these amendments. In response to the committee Graves stated that amendments to reduce stall dimensions and increase compact stall allowances were the result of research that found that Kent's dimensions were among the highest. Reducing stall dimensions and increasing compact stall allowance overall reduces the amount of impervious surface. Graves cited current standards for several cities. Graves stated that staff proposed amendments to landscape requirements for clarification, to state "parking, maneuvering, and loading areas over 20,000 s.f, shall have 10 percent of the parking area, maneuvering area and loading area landscaped". Informational Only 3. KCC Title 12.01 Administration of Development Regulations ZCA-2011-1(B) Graves stated that similar to the previous agenda item, this is another component of updating the codes as reflected in the Council's strategic plan. Proposed amendments to KCC 12.01 Administration of Development Regulations relate to continued efforts to simplify and facilitate the permit process by working collaboratively with applicants. Many of the regulations in this code section are mandated by legislation. The proposed amendments primarily eliminate barriers to the permit process, clarify code, facilitate timely and efficient processing of applications and the issuance of permits, and clarify expiration timelines. An amendment to KCC 12.01.040 provides for preliminary plat appeals to Superior Court rather than the City Council, and is allowed by the Revised Code of Washington (RCW). Preliminary ECDC Minutes July 9,2012 Page 1 of Plats are currently the only Hearing Examiner decision whose appeal is before the City Council. Graves stated that an amendment to KCC 12.01.080 eliminates the requirement to hold pre-application conferences for all projects that include environmental review, and instead encourages these conferences for complex projects or for applicants unfamiliar with Kent's Code. Graves stated that amendments to KCC 12.01.105 revise permit vesting to allow a permit to be deemed complete and vested upon submittal to the permit center. This eliminates a 28- day timeline to determine completeness. Graves stated that amendments to KCC 12.01.100 add clarity and flexibility to resubmittal timelines for project applications and provide criteria for receiving an extension to resubmittal timelines. It maintains a collaborative interactive permit review process. The ordinance reflects a 180 day resubmittal timeline as recommended by the LUPB. However, staff recommended 90 days, asserting this timeline would keep permits fresh in the minds of the applicant and the City and keeps those projects moving forward. Planning Manager Charlene Anderson addressed questions raised by the Committee concerning the LUPB's rationale for a 180 day resubmittal period. Graves stated that a new code section KCC 12.01.115 outlines procedures for ready-to- issue permits. It requires that permits be picked up by the applicant within 180 days after receiving notification from the permit center that the permit is ready. This keeps permits moving forward. Graves stated that KCC 12.01.185 provides expiration timelines for issued permits that don't already have expiration timelines indicated elsewhere in code, such as lot line adjustments and sign permits. The ordinance reflects language added by the LUPB requiring the City to notify applicants 30 days prior to permit expiration. Graves stated staff did not recommend codification of the notification requirement. Anderson clarified for the Committee that she believes the LUPB wanted to extend an extra courtesy to applicants in warning of pending expiration. The Committee asked staff to consider adding language to the code to include a statement on permits or applications that would provide notification of the expiration timeline. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 6:00 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDC\2012\MlnutesV07-09 12_Mln.doc ECDC Minutes July 9,2012 Page 2 of Special PUBLIC WORKS COMMITTEE Minutes of Monday, July 23, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins' were present. The meeting was called to order at 4:09 p.m. Item 1 — Approval of Meeting Minutes Dated July 16, 2012: Ralph MOVED to approve the minutes of July 16, 2012. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item -2 3 — Amendment to Interlocal Agreement with King County to Perform Line Striping: Street Superintendent, Bill Thomas noted that this work will keep the City in compliance with Manual Uniform Traffic Control Devices (MUTCD) recommendations for lane dividers, centerlines and fog lines. Thomas stated that the City has an Interlocal Agreement with King County that has been in effect since 2005, and that County crews have the equipment and expertise to perform this type of maintenance work efficiently and cost effectively. Ralph MOVED recommend Council authorize the Mayor to sign an Amendment to the City's Interlocal Agreement with King County to perform line striping on City roads in an amount not to exceed $110,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 3 4 —Goods & Services Agreement with H.D. Fowler/239th Street Water Infrastructure Parts Replacement: Interim Water Superintendent, Sean Bauer noted that the Water Utility spends approximately $150,000.00 per year on miscellaneous parts and fittings to fix and replace infrastructure. Bauer stated that the infrastructure (a water main pipe and related appurtenances) on South 239th Place is in need of replacement. Written bids were obtained from three suppliers, and H.D. Fowler Company was the low bidder. Ralph MOVED to recommend Council authorize the Mayor to sign a Goods & Services Agreement with H.D. Fowler Company for the purchase of miscellaneous water materials in an amount not to exceed $26,416.12 (including sales tax), subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Special PUBLIC WORKS COMMITTEE Minutes of Monday, July 23, 2012 Item 4 5 — Contract with RH2 Enciineerinci Inc. — Design of Electrical Improvements for East Hill Well Water Source: Utilities Engineer, Dave Brock stated that the East Hill Well water source is a primary source for the Water Utility, producing in excess of two million gallons per day to meet the water demands of the East Hill community. Electrical improvements include installation of a generator to maintain operations during periods of Puget Sound Energy power outages and replacement of electrical infrastructure that has become obsolete. Brock noted that this work was identified in the 2011 Water Plan and is in the Water Capital budget. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with RH2 Engineering, Inc. for the design of electrical improvements to the East Hill Well water source in an amount not to exceed $31,412, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 3 6 — Green River Levee Improvement — Condemnation Ordinance: Design Engineering Manager, Mark Howlett noted that the City of Kent was successful in obtaining grants from the Washington State Legislature for reconstruction of the Horseshoe Bend and Hawley Road Levees. A condition of these grants is that the levee projects must be ready for bid advertisement prior to July 1, 2013. Howlett explained where the projects will take place along the levee. This projects require acquisition of property rights from two properties, LA Fitness and Holmes Electric. Good-faith negotiations for these rights commenced approximately 10 months ago and the city was successful in obtaining the necessary rights to the LA Fitness property. However, resolution with Holmes Electric has stalled to a point where the construction schedule is impacted. At Horseshoe Bend, property rights are required at the EFCO (Transform LTD) property. Property negotiations began in April and have come to a standstill. In order to meet the deadline of the grant we need to move ahead with condemnation. While the City always tries to avoid, as much as possible, utilizing the condemnation process, this ordinance will provide the City the mechanism to proceed, if necessary, to condemnation on this property should negotiations continue to stall. Ralph MOVED to recommend City Council adopt a Condemnation Ordinance for obtaining property rights along the Green River to complete levee improvements, subject to final terms and conditions acceptable to the City Attorney and Public Works Director the motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Special PUBLIC WORKS COMMITTEE Minutes of Monday, July 23, 2012 Item 6 7 — Consultant Services Agreement/AECOM — Construction Support Services, Boeing Levee: Environmental Engineering Supervisor, Alex Murillo stated that the consultants hired to certify the Boeing Levee found deficiencies in the north end of the levee segment at Three Friends Fishing Hole Park. Proposed improvements include a secondary levee and floodwall, which will address these deficiencies. Structural design of this project was completed by AECOM and the contract was awarded by Council on July 17. Construction will begin in August. This contract will provide City Staff support, as needed, during construction to answer questions related to the structural design of the wall. Murillo explained where this reach of the levee is located. He also noted that the City received a $2.07 million grant from the State legislature for work on the Boeing Levee. This grant is administered by the Washington State Department of Ecology with reimbursement to Kent via an Interlocal Agreement with the King County Flood Control District. Ralph MOVED to recommend Council authorize the Mayor sign a Consultant Services Agreement with AECOM for structural engineering services during construction of the flood wall for the Boeing Levee Project in an amount not to exceed $9,198.17, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item -7 8 - Consultant Services Agreement/GeoEngineers — Construction Support Services, Horseshoe Bend Levee: Design Engineering Supervisor, Mark Madfai explained that the next two items are similar to the previous item discussed. He went on to say that the City constructed Phase I of the secondary levees last year and this project, Phase II, will complete needed improvements for certification of the Horseshoe Bend Levee. In most areas the levee consists of an earthen berm or a raised roadway embankment. However, in areas where there is limited space, a levee wall will be constructed. These walls will be constructed along the south side of S. 259th St. east of Central Ave and on the west side of the Horseshoe Bend along the north side of the City's 3rd Ave. detention pond. Public Works Director, Tim LaPorte clarified that we expect to go over the $10 million. He stated staff would come back next month with more information. Ralph MOVED to recommend Council authorize the Mayor sign a Consultant Services Agreement with GeoEngineers for construction support services during construction of the Horseshoe Bend Levee Project in an amount not Special PUBLIC WORKS COMMITTEE Minutes of Monday, July 23, 2012 to exceed $28,775, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 8 9 - Consultant Services Agreement/AECOM— Construction Support Services, Horseshoe Bend Levee: Same explanation as items 7, and 8. Madfai noted that AECOM performed the structural engineering design for the levee retaining walls and, with this contract, will provide construction support for the fabrication and installation of the sheet pile walls. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AECOM for construction support services during construction of the flood walls, on the Horseshoe Bend Levee Project in an amount not to exceed $20,338.03, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Item 9 10 - Consultant Services Agreement/Murray &Associates — Appraisal Preparation for SE 256th Street Improvements Proiect: Design Engineering Supervisor, Mark Madfai noted that the City of Kent was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board (TIB) for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Avenue SE. The project will construct a center, left-turn lane, bike lanes, curbs, gutters, sidewalks, street trees, storm drainage and undergrounding of overhead utilities. In order to construct the improvements along SE 256th Street and widen the roadway, some strips of property will be required from adjacent properties. The cost of these property acquisitions need to be determined by a certified land appraiser. Madfai stated that a contract for negotiators for this project will be coming to the committee at a later date. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Murray &Associates to complete appraisals for portions of property along SE 256th Street in an amount not to exceed $22,786, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Albertson and PASSED 3-0, with Higgins' concurrence. Special PUBLIC WORKS COMMITTEE Minutes of Monday, July 23, 2012 Item 3$ 11 - Information Only/August Business Recycling Event: Conservation Coordinator, Gina Hungerford invited businesses to come to the Business Recycling event on Thursday, August 9, 2012, the City of Kent will host the annual Business Recycling Event that will take place at Russell Road Park located at 24400 Russell Road, from 11:00 a.m. - 4:00 p.m. Businesses are invited to bring cardboard, electronics (including computers and components), up to 5, file-size boxes of confidential material to shred, plastics, scrap metal, wood pallets and more. A small fee is charged for some items (cash only). A flyer with a complete list of items accepted at the event will be mailed out in late July; you can also find information at www.kentrecycles.com This event is paid for by King County's Solid Waste Division and Washington State Department of Ecology grants. Information Only/No Motion Required Item 34 2 - Information Only/Local Improvement District (LID) 363 Process• Tom Tanaka, Attorney for Ogden Murphy Wallace gave a primer on the City's LID process as well as the particular process for LID 363. Tanaka also gave a general overview of the Local Improvement District hearing process and what the role of the Public Works Committee will be as they serve as the Board of Equalization. Information Only/No Motion Required The meeting was adjourned at 5:19 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION