Loading...
HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 04/09/2012 (3) • Economic & Community Development �- KENT Wns HINQTQN Committee Agenda Councilmembers: Bill Boyce • Deborah Ranniger • Jamie Perry, Chair AGENDA Monday, April 9, 2012 5:30 p.m. Item Description Action Speaker(s) Time Pace 1. Approval of the March 12, 2012 Minutes YES Jamie Perry 5 min 1 2. Second Public Hearing: YES Katie Graves 20 min 5 ZCA-2011-3 - Proposed amendments to Kent City Code Chapter 12.04.221 that regulates the expiration of preliminary plats 3. Economic Development Plan Phase II YES Ben Wolters 10 min 29 Contract and Chris Mefford Community Attributes International (CAI) 4. Code Enforcement Update NO Bob Hutchinson 10 min 51 Informational Only 5. Economic Development Report & NO Ben Wolters 10 min 0 Permit Process Update Informational Only Unless otherwise noted, the Planning and Economic Development Committee meets the 2nd Monday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information on the above item(s), the City of Kent's Website can be accessed at http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1025 on Thursday, January 5, 2012 or contact Julie Pulliam, Pam Mottram or the respective project planner in the Planning Division at (253) 856-5454 or as indicated on the agenda. Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. ForTDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. KENT W.=r i ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES March 12, 2012 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Perry called the meeting to order at 5:30 p.m. 1. Approval of Minutes Councilmember Ranniger Moved and Councilmember Boyce Seconded a Motion to approve the February 13, 2012 Minutes. Motion PASSED 3-0. 2. PUBLIC HEARING: ZCA-2011-3 Amendments to KCC 12.04.221 Planner Katie Graves stated that at the December 12, 2011 Economic & Community Development Committee (ECDC) meeting staff presented proposed changes to Chapter 12.04 of Kent City Code (KCC) as recommended by the Land Use and Planning Board (LUPB). Changes relate to pre- application conferences, long plat and short plat submittal requirements, clarification of major versus minor short plats, plat alterations, development standards for clustering in urban separators and plat expiration. Graves stated that the Committee directed staff to draft more options for the plat expiration portion of the amendments. Today's hearing gives the public opportunity to discuss proposed changes not discussed at the LUPB public hearing. Planning Director Fred Satterstrom stated that staff looked at neighboring cities to see how they processed preliminary plats. Staff developed options for Council to consider in terms of the discretion involved to extend the validity of preliminary plats. He stated that State Legislature modified the validity period for preliminary plats from five to seven years in 2010. Satterstrom described three Options: Option A- is consistent with the LUPB's recommendation to retain the current regulations and allow extensions beyond the 7-year validity period. Option B- does not allow any extensions beyond what is specified by the RCW 58.17.140. Option C.1- modifies the RCW limitations by allowing a one-year single extension granted by the Planning Director or Option C.2-allows for additional time extensions in rare or unique circumstances outside the applicant's control. Satterstrom stated that staff's recommendation of Option CA proposes following the Legislature's 7-year plat extension limitation plus allowance of one single year extension to be granted based on conformance to the following added criteria: 1) The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction, or the financial security of improvements; 2) There is a reasonable likelihood of completing the required plat improvements and recording the final plat within the one year extension. Satterstrom stated that the Legislature recently passed a House Bill 92-0 and 46-0 in the Senate with no dissenting vote, modifying platting laws that extends the validity period to 9 yrs for preliminary plats approved prior to December 31, 2007. Staff believes this Bill will be signed by the governor and would affect 4 out of 34 preliminary plats within Kent. Based on changes in State Law, staff proposes amending their recommendation to add a single six-month extension to whatever the RCW's validity period is that would conform to the two criteria. Economic and Community Development (ECD) Director Ben Wolters stated that it is justifiable to allow additional extensions in those rare cases where an applicant needs just a little more time in order to meet the city's requirements. By not granting extensions, were the applicant required to start over, a tremendous amount of work, along with changes in codes and standards would have to be redone by staff and the applicant. The building industry has sought additional extensions because there are troubled projects out there that are still trying to be revived and there is a lot of investment that can be kept alive and moved forward. ECDC Minutes March 12,2012 Page 1 of 2 Satterstrom stated that the essence of the legislature's action is that anything approved prior to December 31, 2007 as far back as 2003-2004 would have an expiration date of 2013 or beyond whatever that 9-years is. Satterstrom clarified that preliminary plats approved prior to December 2007 would operate under the 7 yr plan. After deliberations concluded Councilmember Perry opened the Public Hearing. Garrett Hoffman, Master Builders Association of King/Snohomish Counties, 335 1161n Ave SE, Bellevue, WA 98004 stated that there is a lot of money on the line that could potentially be lost if an applicant had to resubmit an application. He stated that the industry he represents has been successful in getting legislation to extend the expiration timelines from 5 to 7 years and now to 9 years with the hope that in two years legislation might look favorably at extending those time lines to 11 years. Hoffman stated that his industry supports Option C-2 with the Legislature's extension of a 9-year validity period. Councilmember Ranniger MOVED and Councilmember Boyce SECONDED a Motion to close the Public Hearing. Motion passed 3-0. Council Members Perry and Ranniger spoke in support of Option B with Councilmember Boyce speaking in support of Option C-2. Councilmember Ranniger MOVED to recommend to the City Council approval of the attached Ordinance amending Title 12.04 of the Kent City Code as recommended by staff and the Land Use and Planning Board and further amending 12.04.221 to Option B. Perry SECONDED the Motion which PASSED 2-1 with Boyce Opposed. 3. Draft Economic Development Plan (EDP)- Phase I Wolters introduced Lisa Corrado with Community Attributes Inc (CAI) stating that she has been working with staff on the Draft EDP. Wolters stated that Corrado will report on Phase I and share preliminary findings which lays the foundation for the Phase II Action Plan. Corrado reported on the Economic Analysis stating that key findings resulting from an in-depth industrial and commercial assessment looked at employment, land use, and compared regional competitiveness of Kent's Major Industrial Centers (MIC) to other MICs. A technical analysis indicates strong growth is projected regionally for industrial clustering opportunities. She reported on companies in Kent with a strong local, regional or global presence. CAI looked at commercial centers focusing on retail, demographics, commercial real estate, and employment. Corrado defined 'covered' employment as jobs that company employers are reporting whereas uncovered' employment are those jobs that go unreported. Wolters reported that Kent's current employment base is in the neighborhood of about 66,000 to 70,000. Corrado stated that input from stakeholder interviews helped frame the themes, goals and activities for the October business forum comprised of Business leaders, school district representatives, the community college, Kent staff, Sound Transit, and community partners. Timelines were set for completing action items: short-term (within 2 years), mid-term (3-5 years), long-term (6 or more years), with those timelines integrated into the Draft EDP. Corrado stated that next steps involve further developing timelines, building on cluster strengths, delving into more detail, prioritization and ranking of action items, and engaging City Council and the ECDC members through interviews to evaluate their priorities for the City. Corrado stated that subcommittees will be formed to further develop details for Kent's priorities which will be integrated into an implementation plan. Wolters stated that CAI and staff will continue to report back to the Committee with their findings and expects that these reports will inform the Council's strategic objectives and goals. Informational Only 4. East Hill Community Forum Review & Next Steps Economic Development Specialist Josh Hall stated that over 70 people attended the Community Forum. 20-25 people signed up to be part of the steering group. Pomegranate Center will send ECDC Minutes March 12,2012 Page 2 of 3 the minutes and notes from the meeting to everyone who attended. Staff will look at setting up a website that will direct people to East Hill resources and activities. Hall stated that the United Way/King County grant runs through June. Three stakeholder meetings will be facilitated by Pomegranate Center within that time period to evaluate information gathered from the initial forum meeting. The stakeholders will identify priorities; and develop objectives and key action items. Hall stated that the stakeholder's group will generate a document to guide the direction for this revitalization project. Staff will use that document in hopes of attracting funding partners or foundations so that Phase 2 (developing a more detailed neighborhood revitalization strategy) and Phase 3 (Implementation) can be facilitated by the Pomegranate Center and the City can move towards revitalization of the East Hill Community. Informational Only S. Economic Development & Permit Process Report Wolters reported that Permit Center Manager Kimberlee McArthur is reporting on the results of the customer service satisfaction survey. Four quarterly surveys were generated reaching 1500 people with approximately 250 responses received. Survey results are used to inform, manage, and improve the permitting process. McArthur stated that the surveys asked responders to identify themselves as; homeowners, first time customers, contractors or architects. Results of the survey indicated that: 83.4 % said city staff used their code knowledge to help; 85.5 % indicated that information provided was useful; 82.6 % indicated a positive permit experience; 86.3 indicated service was timely; 85.1 felt service was consistent; 90.1 thought that staff was friendly. Changes and improvements were made to the permit process from: permit intake, review, permit issuance through final inspection. One correction letter is required now rather than many and meetings are scheduled to clear up any misunderstandings to keep projects moving forward. Tenant improvement and sign permits are issued over the counter. Plans are redlined at the counter where possible reducing permit turn-around time. ECD staff is located in the permit center for customer access during business hours. Implementation of initial review meetings has reduced plan review time to within 4 weeks. Customer service hours have changed to coincide with the permit center's hours to increase the window for acceptance of permit fee payments. Councilmember Perry stated that the same information customers received face to face needs to be made available on line. McArthur stated that Julie Pulliam is heading up a group to update web content and make it more useful. She stated that on-line permitting is restricted at this time due to budgetary issues but that a tech fee is now being charged which could be used towards funding an on-line permitting program. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 7:07 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDCA2012\Mlnutes\0312-12_DaftMln.doc ECDC Minutes March 12,2012 Page 3 of This page intentionally left blank. 5 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred Satterstrom, AICP, Director • Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 WASH INGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 April 4, 2012 TO: Chair Jamie Perry and Economic & Community Development Committee FROM: Katie Graves, Planner RE: Code Amendments [ZCA-2011-3] For the April 9, 2012 ECDC Public Hearing MOTION: Recommend to the City Council approval of amendments to Title 12.04 of Kent City Code as recommended by staff and the Land Use & Planning Board, with a further amendment to 12.04. SUMMARY: After holding a public hearing on November 2811h, the Land Use & Planning Board recommended approval of code amendments to Title 12.04 of Kent City Code. Staff presented the amendments to ECDC on December 12, 2011 and was directed by ECDC to draft additional options for 12.04.221, Subdivision Preliminary Plat Expiration. Those additional options were presented to the committee at a public hearing on March 12, 2012. With a 2-1 vote, the committee recommended further amending section 12.04.221 to adopt by reference state law for preliminary plat expiration, without local provisions for authorizing additional extensions. City Council pulled this item from the council agenda on March 201h directing ECDC to further discuss plat extensions at the next committee meeting. This public hearing is to discuss potential amendments to 12.04.221, as presented by the committee. For reference, please find attached the original options presented on March 121h, and the draft ordinance that was given to council on March 20th Staff will be available at the April 91h meeting to answer questions. KG/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2011\ZCA-2011-3 KCCAmendnI 12.04\ECDC\4-9-12\StaffMemo.doc Enc Attachment A-12.04.221 amendment options;Attachment B-Draft Ordinance for 12.04Amendments cc: Fred Satterstrom,AICP,CD Director Charlene Anderson,AICP,Planning Manager Matt Gilbert,AICP,Principal Planner Project Folder ZCA-2011-3 6 This page intentionally left blank. 7 Attachment A: Options for Preliminary Subdivision Approval Validity Option A: Presented to ECDC 12-12-11, adds RCW reference (allows for multiple extensions upon request). 12.04.221 Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140 five (5) ... aFS fFen. the date of -....... yal unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140 five (5) yeaFS fFeng the date of subdivision Upon receipt of a written request by the applicant, one (1) extension of one (1) year shall may be granted to an applicant who files a WFitten Fecluest with planning seFviees at 'east thiFty (30) ealendaF days befeFe the e)EPiFatien of the five (5) yeaF pefied-, if the applicant can show that he/she has attempted in good faith to obtain approval of the final plat within the five (5) year peFied time period provided in RCW 58.17.140. B. Additional time extensions beyond the one (1) year period may be granted by the planning der director if the applicant can show unusual circumstances or situations which make it impossible to record the final plat within the sip (6) limited extended time period. The applicant must file a written request with planning services for this additional time extension. The request n9ust should be filed at least thiFty "^` calendaF days prior to the subdivision preliminary plat expiration date. The request must include documentation as to the need for the additional time. Additional time extensions shall not be granted in greater than one (1) year increments. C. In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. 8 Option B: Do not allow any extensions beyond the RCW time limitation (7 years, no extensions). 12.04.221 Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140 unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140 five (5) yeaFS fFOn9 the date of subdivision applicant who files a WFitten Fequiest with planning seFVices at 'east thiFty (30) caiendaF days befOFe the expiFatien of the five (5) yeaF peFi0d, of the applicant cart show that he has attempted On good faith to obtain apffOval of the final plat with-in the five (5) yeaF peFied. the planning n9anageF of the applicant can show unusual COFCungstances OF situations which n9ake it impossible tO FeCOFE! the final plat within the si)E (6). The applicant n9ust file a WFitten Fequest with planning seFVices f8F this additional tinge eXtensien. need fOF the additional tinge. Additional tinge extensions shall not be gFanted 136. In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. 9 Option CA.: allow only one 1-year extension with criteria 12.04.221 Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140 unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140 five (5) yeaFS fFOn9 the date of subdivision Upon receipt of a written request by the applicant, and prior to the expiration date, one (1) extension of one (1) year shall may be granted by the Planning Director to an applicant who files a WFitten Fecluest with planning peFied, of the I. applicant c ow that he h attempted O good faith to obtain appFOval of the final plat within the five (5) yeaF peFied based on the following criteria: 1. The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction or the financial security of improvements; 2. There is a reasonable likelihood of completing the required plat improvements and recording the final plat within the one year extension. B. Additional tonge extensions beyond the one (1) yeaF peFied n9ay be gFanted by the planning n9anageF of the applicant can show unusual COFCungstances OF situations which n9ake it impossible tO FeCOFE! the final plat within the si)E (6). The appliCant n9ust file a WFitten Fequest with planning seFVices f8F this additional tinge eXtensien. need f8F the additional tinge. Additional tinge eXtensiens shall not be gFanted 136. In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. 10 Option C.2.: allow only one 1-year extension with criteria; include language for additional time extensions authorized by the Economic and Community Development Director. 12.04.221 Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140 five (5) .,. aFS fFeng the date of -..........-.I unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140 five (5) yeaFS fFeng the date of subdivision Upon receipt of a written request by the applicant, and prior to the expiration date, one (1) extension of one (1) year S4- F may be granted by the Planning Director to an applicant who Giles - Fitters F est with ..fanning peFi0d, of the applicant can show that he has attempted On good faith to obtain apffOval of the final plat within the five (5) yeaF peFied based on the following criteria: 1. The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction or the financial security of improvements; 2. There is a reasonable likelihood of completing the required plat improvements and recording the final plat within the one year extension. B. Additional tonge extensions beyond the one (1) yeaF peFied n9ay be gFanted by the planning n9anageF of the applicant can show unusual COFCungstances OF situations which nga'Ee it ingpessible tO FeCOFd the final plat within the SiX (6). The applicant n9ust file a WFitten Fecluest with planning seFViees fOF this additional tinge extensiei=�. need fOF the additional tinge. Additional tinge extensions shall not be gFanted B. 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 jurisdictions. C. In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. 11 ATTACHMENT B ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.04, Kent City Code, specifically Section 12.04.117, Section 12.04.210, Section 12.04.221, Section 12.04.227, and Section 12.04.263, related to the administration of subdivisions, binding site plans, and lot line adjustments [ZCA-2011-3]. RECITALS A. Local planning legislation arises from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community vision; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated; and conflicts with updated regulations in other City departments. B. The City has determined that amendments to Chapter 12.04, Kent City Code (KCC), are necessary to reflect an improved permitting process, provide clarifications, reflect updated state regulations, and ensure development standards reflect the intent of the subject code provisions. C. The City has determined that an amendment to Section 12.04.117 is necessary to clarify that pre-application conferences for subdivisions and short subdivisions are encouraged, but not required. This 1 Administration of Subdivisions Amend Ch 12.04 12 amendment also eliminates the application process for a tentative subdivision or tentative short subdivision. D. Language requiring that an approved printed computer plot closure on all lots, streets, alleys and boundaries was inadvertently deleted from Section 12.04.210 in a previous code amendment, and should be re- inserted into the code. E. In order to be consistent with state regulations for the expiration of a preliminary plat approval, Section 12.04.221 should be amended by removing the existing language, and adopting the state expiration regulations by reference to RCW 58.17.140. This amendment also eliminates extensions of the expiration period. F. The City has determined that amendments to Section 12.04.227 are necessary to clarify what constitutes a major or minor alteration of an approved preliminary plat or short plat. This amendment includes language that treats major land alterations as new applications for the purposes of vesting. G. The development standards for the SR-1 zone conflict with the purpose and intent of cluster developments, where small lots are encouraged in order to provide additional protection and buffering of sensitive areas. The City has determined that an amendment to Section 12.04.263 will allow developments subject to clustering in the SR-1 zone to use the SR-8 development standards, with the exception of lot size, lot width, density, and other clustering requirements outlined in this section. H. The City's State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 2 Administration of Subdivisions Amend Ch 12.04 13 I. On November 8, 2011 notice was sent to the Washington State Department of Commerce and expedited review was requested as required under RCW 36.70A.106(3)(b). On November 23, 2011, the City was granted expedited review and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. 3. The Land Use and Planning Board discussed this matter at its November 14, 2011 workshop and after holding a Public Hearing on November 28, 2011 recommended approval of the amendments including Option B of the plat expiration amendment, as presented at that hearing. K. The Economic and Community Development Committee considered this matter at a meeting held December 12, 2011, and after holding a Public Hearing on March 12, 2012, to consider further options for the plat expiration amendment, recommended approval of the amendments, including a new Option B of the plat expiration amendment, as presented at that hearing. L. The City Council considered this matter at its March 20, 2012 meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.04.117 of the Kent City Code is amended as follows: Sec. 12.04.117. Pre-application review. 3 Administration of Subdivisions Amend Ch 12.04 14 A. App"Eatiens fOF a tentative subdivision OF tentative shOFt subdivision pFe appliEatien ngeeting and Feview shall be filed with planning seFViEes. Pursuant to KCC 12.01.080, a pre-application ^,: !"g conference is requmFeE[-- uraged for a4l-subdivisions, a4kand Type I and Type II short subdivisions, and enly feF Type 1 sheFt subdivisiens whidi that require SEPA review. The scale and information required for a pre-application ngeeting­conference and the number of copies to be filed shall be in accordance with the requirements of the application checklist. B. Planning seFViEes shall tFansngit Eepies ef the tentative plat te the , G. A ngeeting on the tentative plat shall be he'd that is attended by planning ethe. ..it.. .1..pa Fang nts that FeEeive Eepies of the tentative plat, and the subdivideF. ReEengngendatmens by the vaFieUS planning whetheF the tentative plat is� D. The FeEengngendatmens ef the Eity depaFtngents shall be based en i aFea on whiEh the subdivision OF ShOFt subdivision will be deyelepee17- 4 Administration of Subdivisions Amend Ch 12.04 15 aFeaj and SECTION 2. — Amendment. Section 12.04.210 of the Kent City Code is amended as follows: Sec. 12.04.210. Filing the final plat. A. A final plat or final short plat shall be prepared by a professional land surveyor licensed in the state of Washington, based on the Washington State Plane Coordination System, and be submitted to planning services along with all forms required and with the number of originals and copies requested. B. The final plat or final short plat submitted for filing shall comply with the conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-130 WAC, and Chapter 58.17 RCW. The original drawing shall be in black ink on mylar or photographic mylar. C. In addition to other requirements as specified in this section, the final plat or final short plat shall contain or be accompanied by the following: 1. Signature of the owner of the property on the face of the final plat or final short plat mylar; 2. A notarized certificate of the owner, contract purchaser, grantor of a deed of trust, or other holder of beneficial title to the property being subdivided indicating that the subdivision or short subdivision is made with free consent and in accordance with their 5 Administration of Subdivisions Amend Ch 12.04 16 desires, and if the subdivision or short subdivision is subject to deeding of property, the notarized certificate shall be signed by all parties having any ownership interest in the lands subdivided. For purposes of this section, ownership interest shall include legal and equitable property interests, including, but not limited to, present, future, contingent, or whole fee interests, together with a beneficiary's interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property; 3. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable; 4. Certification by the public works department that the subdivider has complied with either of the following alternatives: a. All improvements have been installed in accordance with the requirements of these regulations, or b. Certain improvements have been deferred according to KCC 12.04.205(D), deferred improvements; 5. The subdivider shall furnish the city a current plat or short plat certificate or title report from a title insurance company, produced no more than forty-five (45) calendar days prior to final plat or final short plat application, that documents the ownership and title of all interested parties in the plat or short plat, subdivision, short subdivision, or dedication and that lists all liens and encumbrances. The legal description in the title report shall be identical to the legal description on the face of the plat or short plat. The city reserves the right to require updates of the certificate or title report at any time prior to signing the final plat or final short plat by the short subdivision committee chairman; 6 Administration of Subdivisions Amend Ch 12.04 17 6. Any person signing for a corporation must provide documentation that shows they have the authority to execute on behalf of the said corporation; 7. Copies of any restrictive covenants as may be used in the subdivision or short subdivision; S. Certification of approval to be signed by the King County assessor; 9. Certification of approval to be signed by the King County recorder; 10. Certificate of approval by the chairman of the short subdivision committee; 11. Copies of any bylaws for a homeowners' association, if created:,- 12. Approved printed computer plot closure on all lots, alleys, and boundaries. D. All subdivisions and short subdivisions shall be surveyed by a land surveyor licensed in the state of Washington. All lot, tract, parcel, and right-of-way corners and angle points shall be set in accordance with Chapter 58.09 RCW. Street monuments shall be in accordance with city of Kent design and construction standards and shall be installed per those same standards. Sufficient intervisible monuments shall be set to ensure that any property within the subdivision or short subdivision can be readily resurveyed at a later time or as may be specified by the public works 7 Administration of Subdivisions Amend Ch 12.04 18 department. All final plats and final short plats shall be based on at least two city of Kent horizontal control points and reference the North American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor as may be adopted by the public works department survey section. E. If any utility companies and/or utility districts have existing easements within the proposed plat or short plat, the applicant or its assigns shall have these easements removed or shall have their rights subordinated to the city of Kent if they fall within dedicated right-of-way or tracts for public use. F. The final plat or final short plat must be submitted to planning services for review as to compliance with all terms of the preliminary approval; terms of bonding or the completion of all improvements; and completeness and accuracy of survey data and platting requirements. G. Before a final short plat is filed with King County, it shall be signed by the chairman of the short subdivision committee when the plat is determined to be in compliance with all applicable short subdivision requirements. H. After all final plat conditions for a subdivision have been met, planning services shall set a date for a public meeting for the city council to consider the final plat. I. Before the final plat of a subdivision is submitted to the city council, it shall be signed by the city engineer and planning n9anagefdirector. After the final plat is approved by the city council, it shall be signed by the mayor and the city finance director. 8 Administration of Subdivisions Amend Ch 12.04 19 J. An approved final plat or short plat shall be filed for record with King County and shall not be deemed approved until filed. K. A conformed copy of the recorded plat or short plat shall be filed with planning services and the public works department. SECTION 3, - Amendment. Section 12.04.221 of the Kent City Code is amended as follows: Sec. 12.04.221. Subdivision preliminary plat expiration. A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140, unless a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, is submitted to the city council for approval within the time period allowed by RCW 58.17.140. five (5) yeaFS fFeng the date of subdivision PFelinginaFy plat aev-al._ ..Ilan. .who files Fitters st with planningseFViEes at thiFty appliEant Ean shew that he has attempted On geed faith te ebtain appFeval of the final plat within the five (5) yeaF peFO04-. gFanted by the planning n9anageF of the app"Eant Ean show unusual Fequest with planning seFViEes fOF this additional tinge &Etensien. The 9 Administration of Subdivisions Amend Ch 12.04 20 doEungentatmen as to the need fOF the additional tonge. Additional tonge B. 6In the case of a phased subdivision, final plat approval by the city council of any phase of the subdivision preliminary plat will constitute an automatic one (1) year extension for the filing of the final plat for the next phase of the subdivision. SECTION 4, - Amendment. Section 12.04.227 of the Kent City Code is amended as follows: Sec. 12.04.227. Procedure for alteration of a subdivision or short subdivision. A. if-aAn applicant wrishesrequesting to alter a subdivision or short subdivision or any portion thereof, except as provided in KCC 12.04.230, that persen—shall submit a+ra plat alteration application to the Permit Center te planning seFViEeS Fecluesting the alteFatien. The application shall be accompanied by such submittal requirements as described in the application form, and applicable fees, and shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites or divisions within the subdivision or short subdivision or in that portion to be altered. B. The planning manage director shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. Major alterations are those ••that are not in response to staff review or public appeal and substantially change the basic design, dens+t, increase the number of lots, substantially decrease open space, substantially change conditions of subdivision or short subdivision approval, or other similar requirements or provisions. Minor alterations 10 Administration of Subdivisions Amend Ch 12.04 21 are those that make minor changes to engineering design or lot dimensions, decrease the number of lots to be created, or increase open space, or other similar minor changes. Major alterations shall be treated as new applications for purposes of vesting. C. If the subdivision or short subdivision is subject to restrictive covenants which were filed at the time of the approval, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof. D. If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the planninger and the public works directors. A major plat or short plat alteration shall require consent of the short subdivision committee for short subdivisions or the hearing examiner for subdivisions after public notice and a public meeting or hearing is held. Planning services shall provide notice of the application for a major plat or short plat alteration to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original subdivision or short subdivision application. The planning directorer shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to subsection (B) of this section. E. If the alteration is requested after final plat or final short plat review and signature, but prior to filing the final plat or final short plat with King County, a plat or short plat alteration may be approved with consent of the short subdivision committee for short subdivisions or the city council for subdivisions. Upon receipt of an application for alteration, planning 11 Administration of Subdivisions Amend Ch 12.04 22 services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original application. The notice shall establish a date for a public meeting or hearing. F. If the alteration is requested after filing the final plat or final short plat with King County, a minor plat or short plat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the city council for subdivisions. If the planning director der determines that the proposed alteration is a major alteration, pursuant to subsection (B) of this section, then the planning directorer may require replatting pursuant to this chapter. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the subdivision or short subdivision plat application. The notice shall establish a date for a public meeting or hearing. G. The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties. H. After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, which after signature the final plat or final short plat 12 Administration of Subdivisions Amend Ch 12.04 23 shall be filed with King County to become the lawful plat or short plat of the property. I. This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state-granted shore lands. SECTIONS. — Amendment. Section 12.04.263 of the Kent City Code is amended as follows: Sec. 12.04.263. Clustering in urban separators. A. All subdivisions and short subdivisions in the SR-1 zoning district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the city of Kent comprehensive land use plan map. B. Except as described in subsection C of this section,_46cluster subdivisions and short subdivisions shall be subject to the SR-8 zoning district development standards outlined in KCC Title 15. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions: 1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas. 13 Administration of Subdivisions Amend Ch 12.04 24 2. Permitted uses. The cluster residential development option shall include only single-family residential uses. 3. Minimum area. No minimum area is established for a cluster residential development. 4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located. 5. Lot size. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet. 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size, and width, and density shall be the same as are required within the SR-8 SR zoning district. S. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. 14 Administration of Subdivisions Amend Ch 12.04 25 The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes and wetlands and their buffers) shall be preserved. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, or conveyed to the city with the city's consent and approval. SECTION 6, — Savings. The existing Chapter 12.04 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 15 Administration of Subdivisions Amend Ch 12.04 26 SECTION 7, - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION S. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 9, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR 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. 16 Administration of Subdivisions Amend Ch 12.04 27 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 VCivilAordinanceVCh 126h Amendments re Subdivision;Binding site Plans&LL Adjusnnents dona 17 Administration of Subdivisions Amend Ch 12.04 This page intentionally left blank. 29 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5703 WASHINGTON Fax: 253-856-6454 Address: 400 West Gowe Kent, WA. 98032-5895 DATE: April 4, 2012 TO: Kent City Council Economic & Community Development Committee FROM: Ben Wolters, Economic & Community Development Director THROUGH: Staff SUBJECT: Economic Development Strategic Plan Phase II Contract MOTION: Move to authorize the contract with Community Attributes International for Phase II of the Economic Development Strategic Plan SUMMARY: This plan is Phase II of the Kent's economic growth and development for the next ten years. When the City commissioned this project our goals were to learn more from the business community about why key businesses chose Kent to operate and what challenges and opportunities they face. We also want to learn what Kent's competitive advantages and disadvantages are and how these shape our strategies for continued business development, business recruitment, and business creation. With Phase II we will be building on what we have already learned as well as engaging additional participation from the business community and yield a detailed implementation plan. The approach will engage stakeholders as well as City Staff, City Council and the ECD Committee as we rank clusters and themes for the strategy so the subcommittees can develop detailed action plans. This effort will more specifically define subsectors present in Kent that have potential for growth. Finally development of an Implementation Plan will add the detail necessary for the City and stakeholders to commit to specific actions items and resources. If you have any questions prior to the meeting, please call Kurt Hanson at 253-856-5706 or Ben Wolters at 856-5703. EXHIBITS: Consultant Services Agreement, Exhibit A-Phase II Scope of Work, Exhibit B-Insurance Requirements BUDGET IMPACT: Yes BW/]P/pm P:\P1anning\ECDC\2012\Packet Documents\04-09-12\CAI Pha.II ECD Committee Memo 49 12.doc cc: Ben Wolters, ECD Director Kurt Hanson, Economic Development Manager Josh Hall, Economic Development Specialist Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager This page intentionally left blank. 31 KENT WASHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Community Attributes International (CAI) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Community Attributes International (CAI) organized under the laws of the State of WA, located and doing business at 1402 Third Ave #930, Seattle, WA 98101, (206) 523-6683 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Phase II of the Economic Development Strategic Plan Work Program; Task 1 Strategic Clusters Analysis Task 2 Council & ECD Committee Engagement Task 3 Business Forums Task 4 Facilitate Subcommittee Work Task 5 Develop Implementation Plan and Final Report Attached and described exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $49,000, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 32 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 33 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 34 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 35 other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chris Mefford, President Kurt Hanson, Economic Development Manager Community Attributes International (CAI) City of Kent 1402 Third Ave #930 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 523-6683 (telephone) (253) 856-5706 (telephone) (866) 726-5717 (facsimile) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect out filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 36 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 37 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 38 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 39 Exhibit A ;�' City of Kent Economic Development Plan Phase 2 Scope of Work March 27, 2012 BACKGROUND AND PURPOSE The City of Kent continues efforts to update its citywide Economic Development Plan. Work on the project in 2011 included a compilation of economic analyses, stakeholder engagement and a highly successful business forum, from which participants departed with enthusiasm to continue toward a complete Economic Development Plan. A Phase 2 of this effort will build on the goals and priorities for economic development identified to date. This second phase of work will engage additional participation from the business community and yield a detailed implementation plan. The following sections describe a proposed approach to this work, as well as a detailed work program for execution. APPROACH Phase 2 will consist of extensive stakeholder engagement, prioritizing economic clusters and developing action plans. The work will proceed concurrently, with the stakeholder meetings and forums scheduled for iterative improvements to draft strategies. Stakeholder engagement will include working with City staff, City Council; the Economic and Community Development Committee; and business and community leaders. The Council will be engaged via one on one interviews and we will work with the Economic and Community Development Committee through their regular meetings, or special sessions, if desired. Engaging the Council and the ECD will ensure support for the conceptual priorities prior to enlisting the business community in committee level work. Our work on cluster strategies will engage business and community leaders through telephone and in- person interviews. All will come together at two workshops to vet a draft strategy and launch implementation of the plan. Phase 2 will rank clusters and themes for the strategy and for subcommittees to develop detailed action plans. Growing industries and companies were identified City of Kent Marcb 27, 2012 Page 9 of 6 Pbase 2 Economic Development Strategy 40 as a strategic theme at the outset of Phase 1 and reiterated through Phase 1 stakeholder interviews. This effort will more specifically define subsectors present in Kent and that have potential for growth. Impacts on employment and economic growth will be assessed. Depending on interest, subcommittees may include: Industry Cluster Development, Education and Talent Pipeline, Marketing Strategy, Business Assistance, Downtown Destination, and Neighborhood Business Districts. Finally, development of an Implementation Plan will add the detail necessary for the City and stakeholders to commit to specific action items and resources. Community Attributes summarized the top priorities under each of six goals in the first phase of the Economic Development Plan. The Plan identifies what is important, but this task will describe how it will be achieved by identifying specific subtasks necessary to achieve each goal. An optional Measurement, Learning and Evaluation plan would further ensure successful engagement of the plan. The following section presents a detailed work plan to execute Phase 2 of plan development. The subsequent section presents a summary of the associated budget and schedule. WORK PROGRAM Task 1 . Strategic Clusters Analysis • Work with staff to develop a working draft list of target clusters keeping in mind the City's desire to diversify the economy and to support smaller clusters such as Downtown's professional services cluster. • Mine Phase 1 interview notes from relevant company leaders in Kent to identify emerging clusters. • Produce analytic summaries of custom subsectors to include number of firms, number of employees, occupational classes of employees, revenues, and wages by occupation, industry, and company type. • Develop a comprehensive inventory of anchor employers and emerging companies. The inventory will include descriptive data, contact information and site characteristics. • Create a cluster industry workforce assessment drawing from regional and national sources to develop demographic and household profiles of dominant employee classes. Deliverables: Exhibits, charts and profile; Inventory of companies Meetings: Two (Team Meetings with staff in May,June, pending early May start time) Budget: $11,100 Schedule: Weeks 1 through 8 City of Kent Marcb 27, 2012 Page 2 of 6 Pbase 2 Economic Development Strategy 41 Task 2. Council and ECD Committee Engagement • Interview Council members to learn concerns and priorities. • Summarize Council interviews. • Organize and facilitate two work sessions with ECDC or the full Council. • Provide notes from each workshop and incorporate into plan development. Deliverables: Workshop agendas (2); Workshop notes (2); Meeting notes from Council interviews Meetings: Two workshops Budget: $6,500 Schedule: Weeks 1-6 and Week 15 Task 3. Business Forums • Plan and lead two Business Forums (Forums 2 and 3, following Forum 1 which was held in 2011). • Forum 2 will kick-off subcommittee work; Forum 3 will review the draft plan and solicit feedback for final draft of plan. • Produce minutes from the forums. Deliverables: Meeting materials Meetings: Two (the forums) Budget: $4,800 Schedule: Weeks 8 and 18 Task 4. Facilitate Subcommittee Work • Develop rosters for and solicit participation in business leader stakeholder group (with support from City staff and industry leaders). • Organize subcommittees to develop specific action items for each priority, designate a lead party to execute the item, identify necessary resources and confirm support among affected stakeholders. • Organize and provide meeting facilitation for up to four (4) subcommittee meetings. Additional meetings will proceed without CAI (for budget management purposes). Deliverables: Subcommittee invitation; Meeting agendas and notes for each subcommittee meeting (up to 4); Meetings: Up to four (4) subcommittee meetings Budget: $8,300 Schedule: Weeks 8 through 14 City of Kent Marcb 27, 2012 Page 3 of 6 Pbase 2 Economic Development Strategy 42 Task 5. Develop Implementation Plan and Final Report • Work with City staff to turn subcommittee work and cluster analysis into strategies and actions. • Incorporate results into Economic Development Plan including action agenda matrix specifying timeline, resources and roles. • Working closely with City staff in affected departments, review existing projects, programs and initiatives and make recommendations for alignment with economic development priorities. • Review capital improvement planning and all existing economic development programs and ensure alignment with new priorities. • Present findings to stakeholders and City Council. Deliverables: Presentation materials; Photos, inventory, maps; Enhanced Implementation Plan; Meetings: Four, Three meetings plus final presentation Budget: $18,200 Schedule: Weeks 9 through 23 SCHEDULE AND BUDGET Exhibit 1 presents our allocation of a total project budget of$49,000, including a breakout of level of effort by task. We will be happy to work with the City on adjusting the scope to match a budget that meets the City's needs. In some cases, eliminating one task (such as Task 1 or Task 4) could increase slightly the cost of other tasks (prep for forums or supplementing the report with content, for example). Exhibit 1. Scope Budget by Task Total Hours Costs Task 1. Strategic Cluster Assessment 96 $11,100 Task 2. Council and ECD Engagement 52 $6,500 Task 3. Business Forums 40 $4,800 Task 4. Subcommittee Meetings 76 $8,300 Task S. Implementation Plan and Final Report 152 $18,200 Total Labor 416 $49,000 Exhibit 2 on the following page presents a detailed schedule for the above scope of work. The schedule is tentative and a working draft in nature, and presents a City of Kent Marcb 27, 2012 Page 4 of 6 Pbase 2 Economic Development Strategy 43 schedule to have a plan completed by early October 2012, based on a start date in early May 2012. Stakeholder schedules may affect final delivery dates. City of Kent Marcb 27, 2012 Page 5 of 6 Pbase 2 Economic Development Strategy This page intentionally left blank. LO IV LLJ 44 .w of rN C� +�+ t T,Y CG a p a � O GJ v c o ° Y N o N a ++ QC uo v " m Xw ........... E W w E t v ° a N u <. o W WWWIIYWWV" a O U1 u AD h0 n �' c C m N Q m u w � This page intentionally left blank. 47 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 48 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 49 `' CERTIFICATE ®F LIABILITY INSURANCE 003128/2012) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Juliann Kobs NAME: 2707 NE 125th St suite 101 iee�"E 2Ds 3s - D AIc Na:zas 3sz-s275 O Seattle, WA 98125 Eoo lEss,Juliann.Kobs. 7hc stalefarm.com �i. INSURER S)AFFOftOING COVERAGE NAIC# INSURER A:State Fan Fire and Casualty Company 25140 INSURED Community Attributes Inc INSURER B:State Farm Mutual Automobile Insurance Company 25178 1402 3rd Ave Suite 930 INSURERC: Seattle, WA 98101 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ANAR me DDL SUER POLICY NUMBER MMIDpYIYYYV MMIOOYM YPV LIMITS L R A GENERAL LIABILITY ❑❑ EACH OCCURRENCE $ 1,DDD,OOD COMMERCIAL GENERAL LIABILITY 98-BJ-G528-1F 06/2912011 06129/2012 PREMISES Ea occurrence $___ CLAIMS-MADE ❑OCCUR MED UP(Any one person) S PERSONAL 4 ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ X POLICY PEO LOC $ ❑❑ COMBINED BINGLE LIMIT B AUTOMOBILE LIABILITY Ea acckenl $ 1,000,000 ANYAUTD 048.2405.818-47J BODILY INJURY(Par person) $ ALLOWNED X SCHEDULED BODILY INJURY(Peracoldon0 $ AUTOS NON-OWNED AUTOS 02I78/2012 09118/2012 PROPERTY DAMAGE X X HIRED AUTOS AUTOS leer eccitlent $ I s UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAS CLAIMS-MADE AGGREGATE -S DED I I RETENTION$ 5 WORKERS COMPENSATION STATU- OTH- AND EMPLOYERS'LIABILITY TWC Y 1 IT ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN ❑ E.L.EACH ACCIDENT $ OFFICEIMEMBER EXCLUDED? --- (Mandatory inFIR) E.L.DISEASE-EA EMPLOYEE S Uyes,descdbeunder E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS W, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attash ACORD 101,Additional Remarks Schedule,if more space is mqulmd) Consultant 2003 Ford Escape CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD H ABOVE POLICIES EXPIRATION DATE T EREOF,, NOTICE WILL OBE O ELLED BEFORE DELIVERED IN THE 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 This page intentionally left blank. 51 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director � � BUILDING SERVICES DIVISION V KEN-j- Bob Hutchinson, Building Official WASH INGTON Phone: 253-856-5412 Fax: 253-856-6421 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 April 4, 2012 TO: Chair Jamie Perry and Economic & Community Development Committee FROM: Bob Hutchinson - Building Official RE: Code Enforcement Report For Meeting of April 9, 2012 MOTION: For Informational Purposes Only SUMMARY: The purpose of this report is to provide the Committee with an up-to-date understanding of Kent's code enforcement process, organization, workloads, resources and strategy for 2012. BUDGET IMPACT: None BACKGROUND: Enforcement of the various requirements and prohibitions contained in the Kent City Code (KCC) is generally identified as the responsibility of the director or manager of the city department or division that has the technical expertise to deal with the technical subjects involved. For example, private use of public streets is handled by Public Works, while Fire Code provisions are enforced by the Fire Department. The Code Enforcement unit within the Building Division of the Economic and Community Development Department has primary responsibility for enforcement of general public nuisance code provisions, as well as for coordinating enforcement of building codes, the zoning code, and development and environmental regulations with the technical staff within the Department. The Code Enforcement team occasionally assists City staff in other departments with code enforcement processes and sometimes helps to coordinate actions between departments and with other regulatory agencies. This unit has always worked closely with and relied on the assistance of the City's Legal Department staff. This report focuses mostly on the enforcement process and the work of this team, Prior to 1994, Kent had no staff dedicated solely to code enforcement, and outside of the small unit established within the Building Division at that time, generally still relies on the efforts of staff spread throughout the City organization who are dedicated to other duties as their primary responsibilities. The ECD Code Enforcement unit now consists of one code enforcement officer and one clerical code enforcement assistant who has had to assume some other, non-code enforcement responsibilities. A brief history of the volume of code violation cases resolved and closed by this code enforcement team, as well as staffing levels over the last several years, is as follows: 52 Number of Cases Closed Number of NOV's* Number of Hearinas 2005.........285 28 12 2006.........454** 28 11 2007........622*** 22 2 2008........647**** 18 7 2009........645 5 7 2010........638 3 2 2011........657 1 2 (same case) * NOV = Notice of Violation **Added second Code Enforcement Officer ***Filled Code Enforcement Assistant position ****Implemented new, improved code enforcement process The regulations mentioned above and most others refer to the civil penalty process in KCC Chapter 1.04 for enforcement, while also retaining the option of criminal prosecution as a misdemeanor. In practice, the civil procedure is almost always used, as it has proven the most effective means of getting most code violations corrected. This process was originally created in 1993, and subsequently revised and refined in 2008 to enhance effectiveness and efficiency. Major process changes in 2008 included an automatic fixed $500 civil penalty when a Notice of Violation is issued; hearings being held only on appeal of an NOV; and referral of delinquent fines to a collection agency. These and other changes have allowed more efficient use of staff time; assisted with more successful compliance communications; and reduced Hearing Examiner expense. As used by the Code Enforcement team, the civil penalty process is illustrated in the attached flow chart labeled "Exhibit A", with key points listed in the attached "Exhibit B". Staff has prepared a draft strategy to address challenges in 2012 created by a combination of: 1) increased code enforcement workload due to the recent economic recession; 2) increased workload from the expansion of the City with the Panther Lake annexation; and 3) the reduction in staffing from the layoff of one code enforcement officer in January. A copy of the draft strategy is attached as "Exhibit C". RH/pm P:\Planning\ECDC\2012\Packet Documents\04-09-12\CodeEnforcementMemo.doc Enc: Exhibit A-Civil Penalty Process Flow Chart Exhibit B-Civil Code Enforcement Process Key Points Exhibit C-Draft Code Enforcement Strategy cc: Ben Wolters, ECD Director Bob Hutchinson, Building Official Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager Brian Swanberg, Code Enforcement Officer Tom Brubaker, City Attorney � < 2 x f) : _ ) 5 ® \\ ) { ) \ � /\\ §]/ \ a 6 � \\ \\ \\ ) » tELU0 - \) . LJJ \\ ) \\ )\)\\ _uj ` « \ , ! Lil LLI § E ( [ 2 §)§ 7 \ (I\) §\§ °f )0 \§ «)\ ! f ® )� \ ± � 0 ) � ) � \ �\ C pn pmma A ^ 7 Wq�wg90 e pwe� &e This page intentionally left blank. 55 Exhibit B Civil Code Enforcement Process Key Points • A varying amount of time is consumed by verifying code cites, location of property, and ownership, as well as preparing the admonishment letter and entering the case in the data base (KIVA), but the admonishment letter makes efficient use of staff time and results in code compliance much of the time. It may be omitted when a phone or field contact is made conveying the same information. • The Correction Notice is required (Kent City Code 1.04) before a penalty (fine) is incurred. It is a formal document with a deadline (10 days minimum) for compliance and a warning that a penalty will be incurred if the violation is not corrected. • A $500 penalty is automatically incurred if a Notice of Violation is issued. An invoice is sent with the Notice of Violation. (NEW IN 2008) • Hearings are only held on appeal of a Notice of Violation. (NEW IN 2008) A Notice of Violation may be contested, or an appellant may admit guilt and request mitigation of the penalty. • Penalty invoices not paid are sent to a collection agency. (NEW IN 2008) • Due process requirements and burden of proof are less than with criminal prosecution, but still require care and attention. • The vast majority of cases (90 — 99%) are resolved without a Notice of Violation, fine, appeal or court case. This page intentionally left blank. 57 Code Enforcement Strategy for 2012 (1/12/2012 DRAFT) Exhibit C Current situation: As of 1/13/2012, we have a Code Enforcement staff of one Code Enforcement Officer and one Code Enforcement Assistant serving a City of approximately 118,000 people on 28 square miles of land area. On December 31, 2011, we had 301 active code enforcement cases, after resolving 638 cases in all of 2011 with two Code Enforcement Officers. Thus, our current backlog is roughly an entire year's volume of work for the one remaining Code Enforcement Officer. Accordingly, we can project that the backlog will double by the end of 2012, even if we are able to resolve cases at the historic rate. Strategy: 1. Maximize the effectiveness of remaining staff resources with the following tactics: • Prioritize cases by importance based first on danger to safety of people; second on visibility and exposure, and third on direction from administration or referral by council. • Concentrate Code Enforcement Officer time and effort on priority cases. • Continue to accept reports and complaints of alleged code violations, entering them in our records system even if they are of low priority. • In cases that involve other city units, coordinate actions with staff from those units to maximize the effectiveness of their actions while minimizing Code Enforcement commitment of time. 2. Evaluate success of strategy mid-year, 2012. 3. Report Code Enforcement statistics to ECD Committee approximately mid- year, 2012. 4. Explore possibility for public on-line access to Code Enforcement case records. 5. Explore other legal avenues for code enforcement. 58 Implementation: Prioritizing will initially be done by the Code Enforcement Assistant as the usual first contact, which may require some follow up questions to the person reporting the code violation. This prioritization may be modified later by the Code Enforcement Assistant or the Code Enforcement Officer based on additional or clarifying information. Concentration of Code Enforcement Officer time on priorities will also involve using the telephone and email more frequently in place of field inspections to gain compliance and resolve cases. Field inspections and direct contact at code violation sites or at our office will continue to be necessary at times. Both the Code Enforcement Assistant and the Code Enforcement Officer will coordinate closely with staff from other units working on code violations to optimize the results of their work.