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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/17/2015 r nrmueui »n r �'�tiJ�1W�iNUDJlur r ia�;`; .aim //nl01'01,001 OWN/,/o r�irr m w �. r //r ri r/ /G'/���r��//�� %r0�// ��/,)ll��✓ri/!/i ro�dll/YiiiiO/��.����1" �, Ur �. v� i !. f s.�!%+,i'oli/OU'y���,v/! rrl�"✓%��'�d�irlr„�/r„r� I i „v ,x Ui r ' ��' ; JN/r;<°i i�tia t a err r °�'�i��,�;' ✓ w r r xExt�'� r, � . ,�✓ /! ,r�i �a r Ah adccW„4„ This page intentionally left blank. 40 KENT CITY COUNCIL AGENDAS November 17, 2015 K ... Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 P.M. Subiect Speaker Time Budget Aaron BeMiller 25 min 3rd Quarter Financials Aaron BeMiller 20 min City Hall Space Efficiency Study Jeff Watling/Derek Matheson 45 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary B. Public Recognition C. Recognition of Adopt-a-Street Volunteers D. Proclamation for Small Business Day E. Community Events F. Public Safety Report G. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Joint Funding Agreement with the U.S. Geological Survey for Water Resources Investigations - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED D. Goods and Services Agreement with ICI Jones, Inc. for 2016 Water Treatment Chemical Supply — Authorize E. Amendment to Maintenance Contract with Preferred Copier Systems for City Multi-function Copier/Printer Devices — Authorize F. Amendment to Consultant Services Agreement with Jones, Lang LaSalle for Disposition of the Riverbend, Par 3 Site — Authorize G. Consolidating Budget Adjustment Ordinance — 3rd Quarter — Adopt H. Write-offs of Uncollectable Accounts — Authorize I. SAMHSA Drug Free Communities Grant — Accept I. Accessory Dwelling Units Zoning Code Amendment Ordinance — Adopt K. Meeker Street Design Guidelines Ordinance - Adopt 8. OTHER BUSINESS A. Ordinance Banning Fireworks - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) B. Property Negotiations, as per RCW 42.30.110(1)(c) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) Budget, Aaron BeMiller 2) 3`d Quarter Financials, Aaron BeMiller 3) City Hall Space Efficiency Study, Jeff Watling/Derek Matheson This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent's 125th Anniversary B) Public Recognition C) Recognition of Adopt-a-Street Volunteers D) Proclamation for Small Business Saturday E) Community Events F) Public Safety Report G) Intergovernmental Reports PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the special council meeting of October 13, 2015 and the workshop meeting of October 20, 2015. This page intentionally left blank. KE O T N(p5N O'I'U 1 Kent City Council Special Minutes October 13, 2015 The special meeting was called to order at 5:02 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Fincher, Higgins, Ranniger, and Thomas. Mid-Biennium Budaet Discussion — Chief Administrative Officer Derek Matheson discussed the items for the workshop. Assistant Finance Director Barbara Lopez discussed the Questions/Requests log and the Public Works accounting changes. Lopez noted the reasons for the changes, what the fund structure looks like now and what it will look like once the mid-biennium budget is adopted. Lopez continued and discussed the specific dollar amounts in each fund to include what the resulting Street Operating Fund and Solid Waste Fund would look like. Chief Administrative Officer Matheson noted that staff salaries will be paid from funds that have actual expenditures tracked instead of coming out of the General Fund. Councilmember Boyce verified that staff time would be accounted for by managers in the department and billed accordingly. Lopez referred to page 6, 7, 8, 9, and 27 of the proposed budget and discussed the amounts that were noted in the Public Works Accounting Changes document. Council President Ralph also pointed out that the General Fund Savings recap is located on page 1 of the proposed budget. Lopez continued and highlighted that there aren't many changes in the funds. She said all of the salaries and benefits on page 15 will be adjusted because the Consumer Price Index (CPI) came in a little less, so there will primarily be reductions. She noted that on page 19, the non-structured debt service payment has been reduced in 2016. Councilmember Higgins confirmed that on page 18 the ShoWare Center budget was noted as SMG income, and the City does not budget for it because no revenues are expected from SMG. Chief Administrative Officer Matheson discussed the Question/Requests document and stated that Jeff is working on the first question. He added that the supported employment budget is about $42,000. He also noted that questions 3 and 4 are still in progress. He commented that the Mayor's proposal already assumes the end of year total. However, when the September numbers are received it may require a tweaking of the proposed budget, though nothing significant. He added that those numbers will be communicated at the Council meeting on November 10. Council President Ralph confirmed with Chief Administrative Officer Matheson that monthly revenues that the City will receive are predictable, and if it does change, it will not affect the shortfall amount. Lopez added that this report is based off of numbers from July, as information for August had not yet been received. Kent City Council Workshop Meeting Minutes Councilmember Boyce inquired how soon the City needs to show whether it has grant match funds. Chief Administrative Officer Matheson communicated that with the funds from the Youth Athletic Facilities Grant, the City is very close to having Hogan Park and Lake Meridian Dock fully funded, with the change in the internal utility tax as requested by the Mayor. Chief Administrative Officer Matheson noted that four years ago the Council, through legislation, increased the solid waste utility tax to 13 percent and due to that action, at the end of this year the CIP fund will be balanced. The 2011 Ordinance also stated that when the CIP is balanced the funds would be split between IT and streets. He explained that the Mayor's proposal is for 50 percent to go to IT and the remaining 50 percent to be evenly split between Parks and placemaking, which are mostly street projects, but have economic development and parks aspects included. The intent is to move the City into working on smart growth type projects. He noted that the Council can adjust the amounts, but if the recommendation isn't taken then the Council would need to find other funds for the YMCA/Morrill Meadows Expansion and the Meeker Street placemaking projects. Councilmember Boyce discussed streets and Chief Administrative Officer Matheson noted that the other needs have been brought forth. He noted that the need for streets was $12 million and now there is $9 million available that will greatly fulfill that need. He added that the Mayor wants to acknowledge that only 5 percent of the total need for parks has been allocated. Council President Ralph highlighted the presentation that was given about the needs in the parks and trails system. Discussion continued on the ordinance and Councilmember Fincher inquired if it should define what placemaking is and where it would take place. Councilmember Thomas confirmed that the Mayor's Leadership Team works hard to communicate on issues and projects and then turn and communicate those same things to their staff. He added that he is having a hard time moving $500,000 from the Street Fund. He felt the City hasn't focused on streets as much as it is needed. Councilmember Ranniger reminded the Council of the presentation that Jeff Watling, Parks, Recreation and Cultural Services made. She noted that the City is funding 60 to 100 percent of the need in IT and streets and only nine percent of the parks needs. She noted that the City is 200 percent behind in its investment in parks. She stated that even this allocation, if approved, grows the parks funding to only 18 percent. Councilmember Boyce stated that this is all about prioritization and there are still problems with the streets in Kent. Councilmember Thomas agreed with Councilmember Boyce and stated that no one is questioning the need in the parks and streets. He stated that changing a recently adopted ordinance bothers him. 2 Kent City Council Workshop Meeting Minutes Council President Ralph stated that she isn't a fan of the internal utility tax. However, she said she completely understands the thinking at the time. She noted that the three new funding options allow for a way to make progress for parks without significant impacts. Councilmember Ranniger agreed with Councilmember Thomas in that the need has not changed, but the sources have. However, she added that the sources for funds in parks haven't increased. Councilmember Fincher reminded the Council that there is a cost for having the parks deteriorate and it ties into economic development. Businesses and residents won't want to come to Kent if the parks are crumbling. Councilmember Higgins agreed with Council President Ralph in that the City won't be able to fully fund many things in this budget. He added that it is one of the reasons a Financial Sustainability Committee has been instituted. He noted that it would be a big problem to not match the funds that have been allocated to the City by the legislature. He added that he is inclined to agree with the Mayor's proposal. Councilmember Boyce communicated that the funds for the YMCA/Morrill Meadows expansion project are needed, but felt there should be more research done to find alternate solutions. He suggested digging deep and relying on Chief Administrative Officer Matheson and Finance Director BeMiller to find those solutions. He stated that he isn't ready to agree to this solution until every rock has been overturned. Council President Ralph noted that the Council is very supportive of parks and without these discussions well informed decisions aren't going to be made. Councilmember Higgins asked for a prioritized list of cuts that could be made to bridge the budget gap. Council President Ralph asked for alternatives to utilizing the banked capacity be brought forth. Chief Administrative Officer Matheson communicated that the responses will be presented next week at the Council meeting. He added that the Executive Session on October 20 will be on collective bargaining. Meeting adjourned at 6:01 p.m. Ronald F. Moore, MMC City Clerk 3 This page intentionally left blank. KE O T N(p5N O'I'U 1 Kent City Council Workshop Minutes October 20, 2015 The workshop meeting was called to order at 5:02 pm by Council President Ralph. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger and Thomas. Council President Ralph reviewed the schedule for the meeting. Budget — Aaron BeMiller, Finance Director highlighted that Council questions 1, 3, 5, 6, 7, and 8 from the Mid-Biennium Budget Questions/Requests sheet would be responded to at this meeting and that the City has received updated information concerning the City's assessed valuation. Jeff Watling, Parks and Recreation Director replied to question 1 and reviewed with the Council a spreadsheet highlighting what Parks capital has been budgeted and spent over the past thirteen years. Watling replied to an inquiry from Councilmember Thomas concerning the $2.5 million expenditure in 2014. Councilmember Thomas also pointed out the lack of grants. Councilmember Higgins discussed general obligation bonds and asked BeMiller when he felt the City would be in a good position to put forth some bonds for parks. BeMiller replied that it depends on how big of a bond because the City would have to pay it back. He stated that over the next several years the City is in a good position because it will be able to refund the existing bonds as was done with the 2006 bonds this year. He stated that it all depends on revenues. Councilmember Higgins inquired about the City's level of indebtedness and BeMiller replied that the City is far below the debt capacity level. Barbara Lopez added that the City's level of indebtedness was related to utilities, and the policy is that it be no more than 20 percent of the revenues. Watling replied to Councilmember Boyce that Parks has received $1.5 million in grant funding in 2015. However, Watling warned that grant funds are very prescriptive and aren't always guaranteed. Councilmember Higgins discussed the debt service payment under the REET section of the spreadsheet. He inquired if the number will level off and BeMiller stated that it will level off in time. Councilmember Higgins confirmed with BeMiller that the bond has a twelve year term. Councilmember Berrios thanked Watling for the spreadsheet and noted that the situation has gotten worse. Kent City Council Workshop Meeting Minutes BeMiller continued and read question #3. He reviewed the five options that the City staff came up with to fill the $863,000 budget gap. Councilmember Berrios communicated that last year the City was excited about the increase in permit revenues and also noted that the City is doing well this year. Therefore, Councilmember Berrios stated that those funds could possibly be used. However, BeMiller communicated that both permit revenues and sales tax revenues are volatile. BeMiller discussed question #5 concerning a prioritized list of expenditures to be cut and replied that the City could possibly eliminate new positions and additions for 2016. Councilmember Thomas discussed police officers and BeMiller replied that a hiring freeze on all positions could address the funding issue. Council President Ralph discussed the savings from freezing positions and BeMiller replied that it would also mean overtime coming out of those savings. Councilmember Boyce noted that these are critically needed positions and is against freezing any positions in 2016. Council President Ralph noted that she also doesn't agree with freezing any positions. Councilmember Berrios also didn't favor freezing any positions in 2016. He added that the City is clearly understaffed and staff cannot be doing overtime, especially the police officers. Councilmember Thomas stated that the City regularly needs eight or more police officers and isn't in favor of freezing positions. Councilmember Fincher inquired about sales tax and permitting and BeMiller replied that the revenues from The Dwell and The Platform may have been considered, but there was no way to obtain concrete numbers to be included in the budget. Councilmember Boyce confirmed that there are new positions to be added for 2016 and asked for a list of vacant positions which Councilmember Berrios confirmed are budgeted. BeMiller noted that the City staff isn't recommending the utilization of fund balance to cover the gap. He noted that using those funds would be against the City's operating budget policy and best practices. However, if it was utilized the City would still be within the 10 percent reserve target. BeMiller highlighted the upcoming Kent Police Officer Association (KPOA), AFSCME, and Teamster negotiations, a non-represented salary study, the Panther Lake sales tax credit expiration negotiations and unknown funding issues such as streamlined sales tax (SST) and state shared revenues which will affect the budget in the next five years. 2 Kent City Council Workshop Meeting Minutes Councilmember Boyce confirmed with Chief Administrative Officer Matheson that the goal of the Financial Sustainability Task Force is to come up with suggestions concerning the future financial sustainability of the City. BeMiller discussed question #7, to find alternative methods to fund Morrill Meadows/YMCA and Meeker Street Place Making excluding B&O and a transportation benefit district. Councilmember Higgins inquired if the City could reallocate a part of the utility tax into the General Fund and use the same amount to go into the Morrill Meadows/YMCA. Chief Administrative Officer Matheson replied that it could be done, but it would reduce the funding to IT, Streets, Parks and placemaking over the long term. BeMiller replied that the City could also utilize a one-time change to the sales tax allocations to leave the funds in the General Fund. Councilmember Berrios agreed with BeMiller's suggestion. BeMiller reviewed question #8 and provided the utility tax ordinance. Council President Ralph stated that the next workshop will be on November 10. Chief Administrative Officer Matheson discussed the budget adoption schedule and highlighted that it may make sense to keep the November 10 workshop. Councilmember Berrios thanked the Finance team for the presentation. He suggested having an update on where the City is in regards to permit revenues. He also stated that it is important to know how the City is doing with permits compared to two years ago. Councilmember Thomas thanked Finance for the information and stated he felt more comfortable going forward. 2016 Business & Occupation & Residential Street Repair Proiect List — Tim LaPorte, Public Works Director highlighted the B&O and Residential projects completed in 2015. He specifically reviewed the Central Avenue Improvements Project and what the status was. He communicated that the City is making a lot of progress on sidewalks within the City. Councilmember Thomas thanked LaPorte for the work on 109th Avenue. He inquired about the guardrail on 277th and LaPorte responded that it is located in Kent city limits. Councilmember Berrios inquired about James Street and the tree stumps and verified that they would be removed. He added that there was a community meeting about the work on James Street and isn't clear on what the plan is. LaPorte noted that the plan will be brought back to the community concerning shrubs there. He added that the area is currently being irrigated and the plan will be vetted within the next couple of months. 3 Kent City Council Workshop Meeting Minutes LaPorte continued and reviewed the projects under the 2016 Proposed Utilization of Business and Occupation Funds plan. Council President Ralph confirmed which projects were being done through contract and in-house street services. Council President Ralph confirmed that the signage replacement federal mandate is for all the City's street signs to be replaced by 2018. LaPorte replied to Councilmember Boyce and noted the Mayor's Office will be generating a communication to the business community on how the B&O Funds are being utilized. Councilmember Berrios agreed with Councilmember Boyce and suggested that there be something generated on the City's website which notes how the B&O funds were expended in 2015 and what projects are on tap for 2016. Councilmember Higgins suggested that there be a link on the B&O payment webpage on what the funds have been used for and future projects. LaPorte noted that the City has received a non-matching grant to get all of the flashing left turn arrows and fiber optics connected. Councilmember Berrios confirmed that there aren't any additional items that would need to be installed under the pavement on James Street. LaPorte reviewed the 2016 Proposed Utilization of Residential Street Maintenance and Repair Funds list. Councilmember Berrios confirmed that Highland Meadows around 124th isn't on the list and it is an area that really needs to be addressed. LaPorte communicated that that street is two years out from being addressed and costs about $2.5 million. Councilmember Fincher thanked Public Works for the work done on Military Road. Meeting adjourned at 6:34 pm. Ronald F. Moore, MMC City Clerk 4 Agenda Item: Consent Calendar 7B 7B. Approval of Bills: Approval of payment of the bills received through October 15 and paid on September 30 and October 15 after auditing by the Operations Committee on November 3, 2015. Approval of checks issued for vouchers: Date Check Numbers Amount 9/30/2015 Wire Transfers 6404 - 6417 $1,441,637.16 9/30/2015 Regular Checks 696742 - 697116 $3,104,826.39 Void Checks ($0.00) 9/30/2015 Use Tax Payable $458.98 $4,546,922.53 Approval of checks issued for vouchers: Date Check Numbers Amount 10/15/2015 Wire Transfers 6418 - 6439 $1,788,906.62 10/15/2015 Regular Checks 697117 - 697700 $2,850,306.43 Void Checks ($5,562.50) 10/15/2015 Use Tax Payable $7,466.90 $4,641,117.45 Approval of checks issued for payroll for September 16 through September 30 and paid on October 5, 2015: Date Check Numbers Amount 10/5/2015 Checks none $0.00 Voids and Reissues 10/5/2015 Advices 354276 - 355097 $1,429,635.36 $1,429,635.36 Approval of checks issued for payroll for October 1 through October 15 and paid on October 20, 2015: Date Check Numbers Amount 10/20/2015 Checks none $0.00 Voids and Reissues 10/20/2015 Advices 355098 - 355917 $1,387,105.23 $1,387,105.23 This page intentionally left blank. K EN*• T Agenda Item: Consent Calendar — 7C TO: City Council DATE: November 17, 2015 SUBJECT: Joint Funding Agreement with the U.S. Geological Survey for Water Resources Investigations - Authorize MOTION: Authorize the Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the contract's terms by the City Attorney and Public Works Director. SUMMARY: This is an on-going program with the City of Kent and the U.S. Geological Survey (USGS) for stream data collection. For federal fiscal year 2016, The City of Kent will contribute $66,530 to the annual program costs of $112,180 with the USGS and City of Tukwila providing the remainder. These gages provide valuable information on stream and weather conditions, and are used to calibrate the City's stream flow models. The gauges, through links to internet web sites, allow staff and the public to monitor stream flow levels from remote locations. The stream flow measured at the gauge at Rock Creek and Kent-Kangley Road is required as part of the Clark Springs Habitat Conservation Plan to help determine the City's augmentation of flows in Rock Creek from October through December. This contract will provide for operation, maintenance and data collection at six gauges. Two are located on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River. The gauge information is available to the public real-time at http://waterdata.usgs.gov/wa/nwis/current?tvpe=flow. EXHIBITS: U.S. Geological Survey Joint Funding Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: BUDGET IMPACTS: Costs for this contract will be charged to the Water Utility (Rock Creek gages) and to the Stormwater Utility (Green River, Mill and Springbrook gages). This page intentionally left blank. Form 9-1366 U.S. Department of the Interior Customer#: 6000000723 FY16-A (Oct. 2005) U.S. Geological Survey Agreement #: 15WNWA09800 Joint Funding Agreement project#: 97229EU TIN#: 916001254 Fixed Cost ft% p° , Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 16r day of OCTOBER 2015, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Kent, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for operation and maintenance of streamgaging stations at the Green River, and Springbrook, Mill and Rock Creeks, herein called the program.The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of $ N/& i by the party of the first part during the period (a) $45,650 OCTOBER 1, 2015 to SEpTEMBER 30, 2016 by the party of the second part during the period (b) $66,530 OCTOBER 1, 2015 to SEpTEMBER 30, 2016 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 4� I j I 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Down Payment (Bill) Request (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717, Comptroller General File B-212222, August 23, 1983). U.S. Geological Survey Name of Customer United States City of Kent Department of the Interior USGS Point of Contact Customer Point of Contact 1 Name: Marijke van Heeswijk Name: Address: USGS Washington Water Science Ctr Address: 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1625 Telephone: Email: V,.ieeswijlt.COuLa ggi/ Email: �j I 1 Signatures Signatures By W✓� �'Lt-a Date /0 / .. By Date i Name: Cynthia Barton, Ph.D., L.G., L.H.G. Name: Title: Center Director, USGS Washington Title: Water Science Center i By Date _ By, Date Name: Name: i Title: Title: T I 600 00 0072 3/1 6 W N W A09800/FY16-A i K EN*• T Agenda Item: Consent Calendar — 7D TO: City Council DATE: November 17, 2015 SUBJECT: Goods and Services Agreement with ICI Jones, Inc. for 2016 Water Treatment Chemical Supply — Authorize MOTION: Authorize the Mayor to sign the 2016 Water Treatment Chemical Supply Goods and Services Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and Sodium Hydroxide, in an amount not to exceed $93,150.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for budget planning. The use of these chemicals is required to produce drinking water quality that meets state and federal regulations for drinking water standards. The treatment chemicals are used to treat potable drinking water which is provided to the City's water customers. Gas chlorine is used to disinfect the water supply and protect it from contamination; Sodium Hydroxide is used in the water system as a pH adjustment for corrosion control. EXHIBITS: Goods and Services Agreement with ICI ]ones Chemicals, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Ralph NAY: BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost planned for in the water utility operating budget. This page intentionally left blank. GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274- 0104/Fax: (253) 572-2352, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 3, 4, 5, 10, 11, and 13) according to the bid proposal submitted October 20, 2015, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety Three Thousand, One Hundred Fifty Dollars ($93,150.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Compensation of up to $93,150.00 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 1,500 lbs. Item 4: zero to 600 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 12,000 gals. Item 13: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $93,150.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- 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 Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its 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 Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. 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 XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: 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: VENDOR: CITY OF KENT: Michelle Trammell Timothy ]. LaPorte, P.E. ICI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) (253) 572-2352 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]CI-2016 Water Chem i cal s/Sminfocd 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. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 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 of 3 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. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exholbl@t i i I i i WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: //�� ftl� cn Bidder's Name: TCI Jones, 1 kaki +dam• Item Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in One-Ton Containers 1 $bw,nO $ 3/900 0© TONS* FOB Clark Springs TON CONT. Total $ 51q 00.00 *Estimated annual need is 6 tons. Actual need may vary. I J01 (%e, a(s,-In C . � i Company Submitting Proposal ' I thorized Signature Note: Contractor must submit a firm proposal for the contract term(s), II WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: �^ C f Bidder's Name: '�/� �.J r oiries VM.i Ws) Tn , Item Estimated Description Bid Unit Total Annual Unit Prices Usage ..'..� 2 5 Chlorine Gas in One-Ton Containers 1 $ (pW.Co $3,250.00 TONS* FOB Kent Springs TON CONT. PI ti4S 7GO,OD/Canf,,_( ey- dtp) Total i *Estimated annual need is 5 tons. Actual need may vary. i jC ,�o Ch LS . a e r� l ,� �► Tn C Company Submitting Proposal n�AA I uthorized Signature Note; Contractor must submit a firm proposal for the contract term(s), i ii i i WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: _ Bidder's Name: J (l jorws C-htmic s,-Inc Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 1,500 Chlorine Gas in 150 Lb. Containers 150 $moo $ 3,0MOD LBS* FOB East Hill Well LB CYL Pt U-S, 100.0o/wnt71-AMr f Total $ 3cmaci *Estimated annual need is 1,500 lbs. Actual need may vary. Ii it I ' i JO one O'�yAi c6,lhc Company Submitting Proposal Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). I WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM i The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: _ Bidder's Name. � ,�i)nes Ch t6cAs,--EnC Item Estimated Description Bid Unit Total Annual Unit. Prices Usage 4 600 Chlorine Gas in 150 Lb. Containers 150 $ ' QDo $ 1,20® OC) LBS* FOB Armstrong Springs Well #1 LB CYL Total $ *Estimated annual need is 600 lbs. Actual need may vary. it it i i ipMS l%,"i CAI CC:;mac . � Company Submitting Proposal n �u uthorized Signature ii Note; Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder's Name: JLT J DYVS I Srtc i Item Estimated Description Bid Unit Total j Annual Unit Prices Usage 5 300 Chlorine Gas in 150 Lb. Containers 150 $500 oo $ U00 po LBS* FOB Seven Oaks Well LB CYL Total $ (PD0100 *Estimated annual need is 300 lbs. Actual need may vary. I j , i I �C ;Tones 0_AklmhcAkarlC Company Submitting Proposal u�d Signature Note: Contractor must submit a firm proposal for the contract term(s), WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for .the following fees: Bidder's Name: L� �1UYlee �V'�Qi��� tSiC f Item Estimated Description Bid Unit Total Annual Unit Prices Usage 10 96,000 25/a Sodium Hydroxide in D H id �l GALS* 4,000 Gal, Deliveries BULK GAL, o' ` 0 , 0D 00 FOB Pump Station #5 I r � I Total $ *Estimated annual need is 96,000 Gals. Actual need may vary. I ij � i � I � I Jones (rn. icrEQsr�C. Company Submitting Proposal uthorized Signature Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to j perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: CT Mies 0ymlc ts, 1yy Bidder's Name: Item Estimated Description Bid Unit Total III Annual Unit Prices Usage j 11 12,000 25% Sodium Hydroxide in $ 0 ,r7 ® $ Q GALS 4,000 Gal. Deliveries BULK GAL, v ✓' FOB East Hill Well Total 1 400. "`J *Estimated annual need is 12,000 Gals. Actual need may vary. E it � II i Company Submitting Proposal ^^ �� y p I Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2016 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: s Bidder's Name: �n- d i Item Estimated Description Bid Unit Total Annual Unit Prices Usage l 13 8,000 25% Sodium Hydroxide in $ 010 $ (4)Dp,D© j GALS* 4,000 Gal. Deliveries BULK GAL. FOB Guiberson Corrosion Facility Total $ 15, UOO,DO *Estimated annual need is 8,000 Gals. Actual need may vary. l I EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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 Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. This page intentionally left blank. KEN T �ea�t^�� Agenda Item: Consent Calendar — 7E TO: City Council DATE: November 17, 2015 SUBJECT: Amendment to Maintenance Contract with Preferred Copier Systems for City Multi-function Copier/Printer Devices — Authorize MOTION: Authorize the Mayor to sign an amendment extending the Goods and Services Agreement with Preferred Copier Systems in an amount not to exceed $100,000 through July 31, 2016 for maintenance of the City's fleet of Ricoh Multifunction Devices subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: The expenditure provides ongoing maintenance for the City's fleet of Ricoh Multifunction Copier/Printer Devices (MFD's) until July 31, 2016. The City owns the MFD's, having formerly leased them under a contract with ABS Ricoh. For the last 24 months the fleet has been maintained by Preferred Copier Systems of Kent. They have provided excellent service on these machines. After 18 months they were given one six-month contract extension with a modest increase which covered the cost of maintaining an aging fleet. This extension continues at the current per copy of .01 per B&W and .075 per color impression. Extending the maintenance agreement will give the City additional time to consider replacement needs in conjunction with facilities space planning. The parties agree that each will continue to perform as provided for under the original agreement and any prior amendments on a month-to-month basis commencing on January 1, 2016, with a maximum extension through July 31, 2016. The City intends that this Agreement will automatically terminate at midnight July 31, 2016, or upon the City providing Vendor with thirty (30) calendar days' notice of its need to terminate this Agreement due to a new Vendor or new Contract having been acquired for replacement multi- functioning devices and their related service. EXHIBITS: Goods and Services Agreement Amendment No. 3 — approved via City of Kent Office of the City Attorney and signed by the vendor. RECOMMENDED BY: Operations Committee YEA: Thomas, Boyce, Ralph NAY: BUDGET IMPACT: None This page intentionally left blank. .400'.0 KENT W.I.-T.. AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Preferred Copier Systems, Inc. CONTRACT NAME & PROJECT NUMBER: Contract #IT 14-225 Goods & Services Aareement ORIGINAL AGREEMENT DATE: 12/3/2013 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: The parties agree that each will continue to perform as provided for under the original Agreement and any prior Amendments on a month- to-month basis commencing on January 1, 2016, with a maximum extension through July 31, 2016. The parties intend that this Agreement will automatically terminate at midnight on August 1, 2016, or upon the City providing Vendor with thirty (30) calendar days' notice of its need to terminate this Agreement due to a new Vendor or new Contract having been acquired for replacement multi- functioning devices and their related service. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $.0092 per black and white including applicable WSST impression, and $.07 per color impression Net Change by Previous Amendments Prior increase of $0.0008 per black including applicable WSST and white impression, and $0.005 per color impression. Current Contract Amount $.01 per black and white including all previous amendments impression, and $.075 per color impression Current Amendment Sum None Applicable WSST Tax on this Standard WSST per click Amendment Revised Contract Sum $.01 per black and white impression, and $.075 per color impression Original Time for Completion December 1, 2014 AMENDMENT - 1 OF 2 (insert date) Revised Time for Completion under December 31, 2015 prior Amendments (insert date) Add'I Days Required (f) for this Maximum of 213 calendar days Amendment Revised Time for Completion Not to extend beyond (insert date) July 31, 2016 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By By: (signature) (signature) Print NameJj Print Name: Its p Its (title) (title) DATE: /O DATE: APPROVED AS TO FORM: (applicable if Maya's signature required) Kent Law Department r.�aanrvw.�oo: rii.goo:.rz e.n.,,bzmgr,n.rce c,rrz.nra nam.r....�„.,e-3m nm.em:am< I AMENDMENT - 2 OF 2 i f • KENT kEN� � Agenda Item: Consent Calendar - 7F We SN'NOi 9N TO: City Council DATE: November 17, 2015 SUBJECT: Amendment to Consultant Services Agreement with Jones, Lang LaSalle for Disposition of the Riverbend, Par 3 Site - Authorize MOTION: Recommend Council to authorize the Mayor to sign Amendment II with Jones, Lang Lasalle, (JLL) for the disposition of the Riverbend, Par 3 site subject to terms and conditions acceptable to the Economic & Community Development Director, Parks Director, and the City Attornev. SUMMARY: JLL will represent the City in the proposed sale of the Riverbend Par 3 property for the uses approved by the City Council, for a two-percent commission of the sales price of the property, to be paid upon closing. In the event JLL brings forward a qualified buyer who agrees to the City's requirements, conditions, and approved uses and the City fails to approve the transaction with the buyer, JLL will be entitled to a one-time breakup fee of $75,000. This commission or fee is contingent on the following assumptions: • JLL will perform local zoning analysis, but assumes the City will provide all site information including title, environmental, utilities and geotechnical. • JLL will perform one site massing study. • JLL will provide staff support to any advisory committee Mayor and Council may appoint to assist the City in reviewing and selecting offers. • JLL will provide at least two (2) presentations to City staff and/or potential Advisory Committee and one (1) preliminary presentation to City Council and Mayor and one (1) final presentation to the City Council and Mayor. Services will include, at a minimum, the following: • Providing the City with recommendations about any additional site due diligence that may be required or recommended in advance of initiating a solicitation process. • Developing all marketing materials and solicitation materials, subject to the cty's prior approval. • Broadly marketing the product locally and regionally to appropriate investors. • Supporting the City in the solicitation and selection process and in reports to the Council and Mayor. • Supporting the City in negotiations with the selected development/investor. EXHIBITS: 1) Original Contract 2) Revised Scope of Work j 3) Amendment I 4) Amendment II draft. RECOMMENDED BY: Operations Committee on November 3, 2015 YEA: Thomas, Boyce, Ralph NAY: BUDGET IMPACTS: The alternative $75,000 breakup fee would come out of the City's property fund. The proposed two-percent sales commission will come out of proceeds from the sale. This page intentionally left blank. 0 17 w.s".I""re.. CONSULTANT SERVICES AGREEMENT between the City of Kent and Jones Lang LaSalle(JLL) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JLL organized under the laws of the State of Washington, located and doing business at 601 Union, Suite 1100, Seattle, WA 98101. (206) 607-1754 (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: As described in Scope of Services, Exhibit A, Phase I & II 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. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $24,750, 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 A;; -ament. The ^onsultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall ndofy 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, se- ' al orientation, national origin, or the presence of any sensory, --ntal, or physical disability, discriminate against any person who is qualified and available to pe,fbrm the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the ay, 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—RRO-/-IDED—HEREIN--CONS-T-I-T-UT-ES=T-HE—CONSU- L-TAN-T-'S=WA-IVER=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 wi': -ut liability or 1p'gal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 aptions, 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. 1 G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) i the Exhibits to this Agreement conflict with any language contained in this Agreement, thkiterms 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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 _ effeetive on the lla-s-t-date entered-b-e ow. CONSULTANT: CITY OF KENT: B � ir - `�` . � d� � y �hP.1w. By: Cs]gnatu{e) (signature) i CG Print Name: ,,,J, Prin a : (S ette Cooke Its f4cr, �_15�, �)nc�rtc�b.J Its Mayor DATE:— �1�\td� t eE� Q S, tt DATE: NOTICES TO BE SENT TO: NOTICES TO HE SENT TO: CONSULTANT: CITY OF KENT: Robert Hunt Ben Wolters, Director Jones Lang LaSalle (JLL) Economic & Community Development Depart. 601 Union, Suite 1100 City of Kent Seattle, WA 98101 220 Fourth Avenue South Kent, WA 98032 206-607-1754 (telephone) (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) APPR VEDAS'TOF RM: 71 Kent Law epartme fln this Oe!Q you may enter the dedmnk fi@path where the centred hn been sevetl] CONSULTANT SERVICES AGREEMENT- 5 (Over$10,000) 22 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. By: 2 L / am For: '�S (-oxn.� � S�lle ivf+Pr+ Cry.f, Title: Date:— Sire , ter � � VI EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 23 ADMINISTi3ATIVE 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=aws. AlFcontractors, subcontractors—consultants-nd-suppliers-of-the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i EEO COMPLIANCE DOCUMENTS - 2 24 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 Ci f 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. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 i ° Sea Union,Suite 1300 may.J Seattle, 6607 101 tel+1 206 607 1754 Jones Lang LaSalle 7/29/2014 Mr.Kurt Hanson Mr. Ben Wolters Economic and Community Development Director City of Kent Wirth Avenue South Kent,WA 96032 Re: Proposal for Real Estate and Economic Consulting Services Dear Kurt and Ben: We are pleased to submit this proposal to the City of Kent (City) to provide real estate and economic consulting services to assist in the potential development of the 24-acre Riverbend nine hole golf course site. The Scope of Services detailed in this proposal clearly fits well within our team's core capabilities. The team dedicated to this project is comprised of senior real estate professionals with broad real estate experience in market and financial analysis, including market feasibility studies, real estate valuation analysis, financial structuring, highest and best use analysis and construction. In addition,the team brings extensive experience related to public institutions. Our team will provide expertise that can assist City in structuring creative real estate and monetization strategies that will best capitalize upon the inherent value of the City s real estate assets. In addition to having the requisite skills,there is an art to taking a project from concept to reality. Our team has a proven track record of delivering concepts and studies that ultimately result in a successfully executed project, instead of another study gathering dust on the shelf. We are action oriented and look forward to partnering with you to fulfill your goals. We appreciate the opportunity to submit this proposal. if you have any questions regarding our submission,please contact me at 206-354-1397 or via e-mail at bob.hunt@am.jll.com. Sincerely, Bob Httnt Managing Director, Public Institutions 26 7/29/2014 Page 2 Section II— Project Understanding Jones Lang LaSalle(JLL)will,at a minimum, help the City execute a study rooted to evaluate the economic potential for land development on the 23 acre River Bend golf course parcel. In this study, we will only consider uses that are compatible with the overall development vision of the City. The goal of this analysis is to assist the City to develop a strong vision and actionable strategy for site development that best addresses City's social and economic development goals. The analysis will consider whole site development scenario that assumes the FAA does not select this site for their regional building and the entire site is available for development. Our process is designed to logically analyze options for site development in an efficient and iterative process. The result will be tangible and measurable recommendations for development strategies that are viable in the market linked to City's objectives and incorporate priorities and facts uncovered in the study. We will utilize current market data to develop analytical models that identify, analyze,quantify and perform risk analysis on each proposed development scenario to test its feasibility and identify threshold funding requirements. The financial model used forthe analysis will be structured such that it can be easily refreshed as market conditions change over time. Once these models are established, JLL will advise City on the returns that can be anticipated for various uses. The completed study will arm City with the facts necessary to understand the value, timing and risk associated each viable development use. We will also evaluate all likely transaction and partnership structures available to maximize value within the framework of City's goals and risk threshold. As needed and as a separate scope, JLL can assist City in developing and marketing a solicitation for appropriate developers and in the negotiations of subsequent development agreements. l 27 I 7/29/2014 Page 3 Section III— Scope of Services PHASE I.START UP AND DISCOVERY(ESTIMATED b11RATI0N 1 WEEK)�. -Our first-task-will-be to meet with City,representatives to clearly define and understand the projects goals and objectives, learn about keyjssues and challengatate-tter-inform-our nezf steps. _Key Objectives of Phase I t. Establish a working relationship between the City team and the JLL team in a kick-off meeting 2. Review background materials 3, Review unsolicited development proposals received for the site 4. Review massing diagrams previously provided the City for the site 5. Establish a decision-making and approval process and identify key project milestones 6. Establish a preliminary communication plan and protocols that addresses internal and external stakeholders and audiences 7. Understand the expectations and priorities of stakeholders, set project goals including the financial and functional objectives of City 8. Discuss resources required,including any additional sub-consultants Phase I Deliverables a Summary of preliminary goals and objectives a Roles and responsibilities&Communication plan established a Summary of key issues/opportunities&challenges a Summary of opportunities/risks PHASE II. HIGHEST AND BEST'USE STUDY, PRELIMINARY PfiO�FORMA DEVELOPMENT MODEL (EST DURATION 4 MEKS) translated into programmatic tr 'led the will be P 9 identified Once the project goals and objectives areY PJ 'i to validate the ability's will be used to Y requirements each of the two development scenarios. This achieve the City's strategic/economic objectives for the site and identify potentials risks. Initial Site Analysis:JLL will assess the property's key characteristics and its associated opportunities and constraints. The objective will be to evaluate the property's development I 28 7/29/2014 Page 4 I potential and the surrounding market capacity for development. This will involve review of the identified sites'physical characteristics and property information,analysis of local market conditions,review of zoning and building setback requirements,and then identification of the most appropriate development scenarios for the identified sites. Establishment of Base Line Criteria: For each scenario we will identify the range of preferred uses for the site and-perform-a-massing/sizing-study-to-test-thearea-requited for development and the overall SF that can be developed based upon zoning and FAR requirements for the site. We will likely consider alternative site plans to vet out the viability of possible uses. Market Analysis:We will augment the City's recently completed appraisal of the site with input and analysis from our multifamily,commercial, retail, hotel, and professionals. We will evaluate market viability of the product mix assumptions to determine highest and best use within the parameters of the City's goals. JLL will review the surrounding uses and competitive area developments that may impact the subject property, including inventory, rents and market valuation of comparable and competing properties. This data is aggregated and analyzed to provide a range of reality. We then provide analytical based commentary to accommodate the sensitivity in the market. City Review At the completion of our market analysis we will make a presentation of the initial findings to City staff to evaluate and receive direction on which development scenario the most appropriate for further analysis. One we have aligned on the scenario to pursue, JLL will perform the following analysis Financial Feasibility Modeling:Based on the results of the market and site analyses,we will build a pro forma model encompassing the results of the market analysis study to forecast the outcomes associated with the potential development strategies. We will use the prior market analysis to project revenues associated with each use and JLL will engage the full abilities of our team to determine development,operational,and financing cost;identify the cash flow expectation for each development scenario;and synthesize inputs into financial models for each site parcel. Final Report and Presentation JLL will incorporate all of the above analysis,findings and recommendations into a written report and will also prepare and deliver a final presentation or City staff and elected officials 29 7/29/2014 Page 5 Phase II Deliverables ® Market study to further inform City appraisal j ® Site massing study o Preliminary development budget ® Proforma analysis of preferred development scenarios - m—lJpdated comments on site=value in relation=to the City's recent=appraisal ® Final Report and Presentation of findings to key stakeholders PNASEII��REALE6TATEBtiOKE�GESERVICES.,, _ ,,��. _, r_ ,- JLL will represent the City in the disposition of the Riverbend site for the uses approved by the City Council. The brokers assigned to the disposition assignment will include market specialist for the approved uses(multi-family, retail,office,etc,). Services will include, at a minimum,the following: ® Provide the City with recommendations about any additional site due diligence that may . be required in advance of initiating a solicitation process. ® Developing all marketing materials and solicitation materials ® Broadly marketing the product locally and regionally to appropriate investors • Supporting the City in the solicitation process and in reports to the Council and Mayor a Support the City in negotiations with selected developmentlinvestor 30 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. . 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 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. 31 EXHIBIT B (continued) 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 endorsementsfor each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 32 fiat union.Suite lion JLL Seaffle,WA 99101 tel+1206 607 175754 Jones Lang LaSalle Section III— Pricing 1-Phase I&II-Pricing JLL will perform all of the services described in this proposal to complete the Phase I and Phase II analysis for a fee of$24,750,including expenses. 2. Phase III Brokerage Services: JLL will represent the City in the disposition of the Riverbend site for a commission rate of two percent(2%)of the sales price for the site,to be paid upon closing. This fee is contingent on the following assumptions: ® JLL will perform local zoning analysis, but assumes the City will provide all site information including title,environmental,utilities and geotechnical ® JLL will perform one site massing study • Assumes in phase I&II,two(2)presentations to City staff and one(1)final presentation to the City Council and Mayor i 33 DATE(1111 A•YYYI CERTIFICATE OF LIABILITY INSURANCE 211l2074 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. IM PORTANT: If the cert SU ificate holder is an AOOI710NAL INSURED,the policy(les)must be endorsed. If BROGATION I5 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 t0 the c certificate holder in lieu of such endorsement(s). a' COMPDT 9 PRODUCER tE: Ann Risk Services Central, Inc. P O (866) 283-7122 INC.No.; C600) 363-DIPS v O Chicago IL office 200 East Randolph j- :n Chicago IL 60601 USA NAlckINBURER(B)AFFORDING COVERAGERu Insurance company 13056 INSURED Jones Lang Ld6dlla Amerlca5. INC.200 East Randolph DriveChicago IL 60601 USA COVERAGES CERTIFICATE NUMBER:670066063003 REVISION NUMBER: INDICATED,THIS IS TO CERTIFY THAT T E NOTWITHSTANDING ANYIES REDUIREMEOF N,TERM ORNCEOCONDIBELOTION OF ANY CONTRACT OR OTHER DOCUMENTVM1'I HAVE 13FEM ISESUFFTO THE INSURED NAMED OTHERESPECT TOLWHICH 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. Limi LIMITSShown are as requested TYPE OF INSURAN INSD WV CE O POUCYNUMBER MMIDD MM1VDDIYYYY DOD,000 LTR CGL 39 EACH OCCURRENCE b1, A X COMMERCIALGENERALUASILRY G TES- SS,ODD,ODO CIAINI&MADE ❑X OCCUR PREMISES Ee occuaence 51,000 MEO EXP(My one person) PERBONALaAOV INJURY S1,000,000 0 52,000,000 n GENERALAGGREGATE m GENIAGGREGATE UMITAPPLIES PER: pRDDVCTS-COMPIOP AGD 52,000,000 POLICY 0JECCT X❑LOC c OTHER: g1,000,000 » CGL0013634 10/O1/201410/O1/2015 COMeI FDLGINGLE OMIT . A AWomola LELIPHILITY BODILY INJURY(PuIPDreea) C Z ANYAUTO BODILY INJURY(Pe,accld.m) .v. ALLOWNED SCHEDULED AU-`OS AUTOS PROPERTY OALMGE NON,OWNED Par ecAdem .wLy X MREDAU70s X AUTOS V EACH OCCURRENCE UMBRELLAUAB OCCUR AGGREGATE EXCESS LIAR CLAIMSJMCE DEB RETENTION WORKERS COMPENSATION AND PER ER EMPLOYERS'LWBRNY YIN E.L,EACH ACCIDENT ANY PROPRIETOR/PARTNERI E%ECUIae .NIA E.L.DISEASE-EA EMPLOYEE OFFIOER/MEMSM EXMW EDr (Maedelor,in NHI E.L.DISEABE,POLICY LIMIT C 1IYYes,describe under — DESCRIPTION OF OPERATIONS below { PESGNPTION OFOPERATIONS/LOCATIONS I VEHICLES V ORD 191,Addaanal RemaHs schedule,maybe attached if more space is required) RE: City of Kent, Z3 acre River Bend Golf Course Parcel, Market analysis, feasibility, possible and brokerage. City of Kent is included as Additional Insured on General Liability policy as required by Written agreement. CANCELLATION °r CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE DANOELLED BEFORE THE yj EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE JTHEIPOLICY PROVISIONS. City of Kent AMHORIZED REPRESENTATIVEZ20 Four and community Developmente.Eco Fourth Avenue south Kent WA 98032 USA ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 34 .a k_�® OAT, R01D4 CERTIFICATE ®F LIABILITY INSURANCE 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(les)must be endorsed.It 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). .m PRODUCER CONTA CT U ADD Risk Services central, Inc. pa NE PM Chicago IL Office IAIc.NIo,. 283-7122_ ___ At.Me.): BDO-363-OlOS v 200 East Randolph =Ass: _ Chicago IL 60601 USA INSURERIS)AFFORDING COVERAGE NAIC# INSURED INSURERA Lexington insurance company 19437 Jones Lanq LaSalle Americas, Inc. INSURER B: 200 East Randolph Drive Chicago IL 60601 USA INSUHERc_ INSURERD: INSURERF: COVERAGES CERTIFICATE NUMBER:570056063031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TOTHE 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. Limps shown are as requested LTR TYPE OF INSURANCE INSD WVD POUCYNUNFER MM1DD fMMIDDPIYYY LIMITS caMMERCIAL GENERAL LIABIIJTY EACH OCCURRENCE CWMB-NWDE ❑OCCUR E PREMISES Ea occnrto ce Man EXP(Arty one person) PERSONAL&ADV INJURY GENLAGGREGATE LIMB APPLIES PER: GENERAL AGGREGATEas POLICY ❑jEa �LOC PRODUCTS-COMPIDP ADG ou 0 OTHE2 � AUTOMODILE UABIUTY COMBINED SINGLE LIMIT F Ea ase"e ANYAUTO BODILY INJURY(Perpsn:en) 0 ALLOWNED SCHEDULED I BODILY INJURY(Perecddem AUTOS AUTOS PROPERTY DAMAGE HIREDAUTOS NON-OWNED Pereccldenl k AUTOS E N UMDRELLALWB OCCUR EACHOCCURRENCE U EXCESS LWS CVJMS-MADE AGGREGATE DEO RETENTION WORKERS COMPENSATION AND SEATUTE O H- EMPLOYERS'UMSTLlTY ANY PROPRIETOR I PARTNER I EXECURVE YIN E.L.EACH ACCIDENT OFFICERIMEMBEREEGLUDEm ❑NIA IMondalaryfn NIM E.L.DISEASE-EA EMPLOYEE Yves,describe under DESCRIPTION OF OPERATIONS below I E.LDISEASE-POLICYLIMH -- A E&O-PL-Primary 027665B33 04/01/2014 04/01/2015 Each Claim 1,0001 000= Professional Liability Annual Aggregate $1,000,000 SIR applies per policy ters & condi ions DESCRIPTION OF OPERATIONS 1 LOOATIDNS/VEHICLES(ACORD 101,Addmonal Rem ehe Schedule,maybe couched Ir more space is mqulmd) The limits as described above attach over self-Insured Retentions held by Jones Lang Lasalle. RE: city of Kent, 23 acre River Bend Golf course Parcel, Market analysis, feasibility, possible and brokerage. -_e CERTIFICATE HOLDER CANCELLATION -bps ESHOULDXPEIN ANY OF THE ABOVE DESCRIBED VA , POLICIES M CANCELLED BEFORE THE r EXPIRATION DATE THEREOF, NOTICE WILL BE DEWERED W ACCORDANCE WITH THE POLIcy PROVISIaNs, City Of Kent AUTHORIZED REPRESENTATIVE OL' Economic and Community Development Ken Fourth Avenue South Kent Fourth th Avenue USA 91988-2014 ACORD CORPORATION,All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD /-1Nq—"Mff.V CERTIFICATE OF LIABILITY INSURANCE ","""""",,,,•, Iee� 1/t/2015 V 12/1]/2014 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 35 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)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 endorsements). PRODUCER LOCKTON COMPANIES NCONTACT AME: 2100 ROSS AVENUE,SUITE 1400 C No Ext: l No: DALLAS TX 75201 E-MAIL 214-969-6700 ADDRESS, INSURERS)AFFORDING,COVERAGE NAIC INSURERA: TramboHnsuranceCOETEDITTOY 27120 INSURED ,)Ones Lang LaSalle Americas,Inc. INSURER a: Twin City Fire Insurance Company 29459 1342065 200 E.Randolpph Drive INSURER C: Chicago IL 60601 --- - INSURER_D:__ INS RER E� INSURER F: COVERAGES IONLA02 CERTIFICATE NUMBER: 13263580 REVISION NUMBER: XXXXXXX 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. ILTR TYPEOFINSURANCE IDSD 6U POLICYNUMBER mmnmrvvvY fM ODYVYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 XXXXXXX -- CLAIMS-MADE'�OCCUR— --NOT-APPLICABLE IDAMAGE-TORENTEO--- EMISES Ea 0cwrrence $ XXXXXXX- NEDEXP(Any one amn 5 XX )= PERSONAL B ADV INJURY $ XXY—= GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s X,00X7CA'X POLICY❑jECi ❑LOD PRODUCTS-COMP/OPAGG S XXXXXXX OTHER S AUTOMOBILE LIABILITY CD INED SINGLE LIMIT S XX`X)DM NOT APPLICABLEfeed ate' ANY AUTO BODILY INJURY(Per person) $}{X]Q�{}'eX AWSS NED AUTOS LEO BODILY INJURY(Per asadent $ )C)CX= HIREDAUTOS AUTOS"ED r�IUV gjefLAMAGE sxxxxxxx S UMBRELLA LWB OCCUR EACH OCCURRENCE S XXX EXCESS LIAR CLAIMS-MADE NOT APPLICABLE XXX},' AGGREGATE s](XX,X}{XX OED RETENTIONS $ A V40RKERS COMPENSATION PER OTH - ANDEMPLOYERs'UABILITY N 46WBRS1550(AnD'�S 1/1/2014 1/i/2015 X srATUTe ER E PNYPROPRIErOWPARTNERIEXECUnVE Y� NIA 46WBR$155U1(Wl) 1/1/2014 I/1/2H15 S 1,000,000 OFFICEFUMMMERE CLUDEOt N El FACHACCIDc-NT (Mym&W,I.NH) ELOISEASE•E4EMPLOYEE S 1000000 OESONI'VON OF OPERATONs below E.L.OISEASE-PDLICTN n 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 1111,Additional Remarks Schedule,may be attached If more space is required) RE:City of Kent-23 acre River Bead Golf Course Pared-Market analysis,and feasibility,possible brokerage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13263580 AUTHORIZED REPRESENTATIVE City of Kent Economic and Community Development 220 Fourth Ave.S. Kent WA 98032 ACORD 25(2014101) @1988-2014ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10224682 36 ADDITIONAL ry ry g p ® LOC#: p®� ADDI IONHL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services central, inc. ]ones Lang Lasalle Americas, inc. POLICY NUAIRER see Certificate Number: 570056063003 CARRIER NAIC CODE see Certificate Number: 570056063003 EF CTNEDATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance cancellation Notice The General Liability policy issued by RLI insurance company has been endorsed to include the following wording: In the event of cancellation, we will endeavor to give certificate holders thirty (30) days notice of cancellation via email, provided that a detailed listing of such certificate holders, including their email address, is received from the Agent or ]ones Lang LaSalle within 5 business days of their cancellation of the policy. ACORD 101 42 00 8101J ®2oD0 ACORD CORPORATION.All nq—Wr`eserve , / The ACORD name and logo are registered marl¢of ACORD l/ Policy Number: CGL0013634 RLI Insurance C35rnpany THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) -- Or Organtzation(s); — Location(s)-Of Covered Operations: — All where required As required by contract or agreement Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II —WHO IS AN INSURED is amended to This insurance does not apply to "bodily injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property 1. All work, including materials, parts or equipment damage" or"personal or advertising injury"caused, in furnished in connection with such work, on the whole or in part, by: project (other than service, maintenance or repairs) to be performed by or on behalf of the 1. Your acts or omissions;or additional insured(s)at the location of the covered 2. The acts or omissions of those acting on your operations has been completed; or behalf; 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use in the performance of your ongoing operations for the by any person or organization other than another additional insured(s) at the location(s) designated contractor or subcontractor engaged in performing above. operations for „ principal as a part of the same B. With respect to the insurance afforded to these project. additional insureds,the following additional exclusions apply: i CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 Insured 38 This page intentionally left blank f i Q0) �T rSea Union,Suite 1100 LLSeattle,WA 98101 let+1 206 607 1754 Jones Lang LaSalle REVISED SCOPE OF WORK (EFFECTIVE NOVEMBER02,2015) REAL ESTATE BROKERAGE SERVICES FOR THE DISPOSITION OF THE RIVERBEND SITE In addition to all other elements and tasks to the scope of work previously agreed to in the original Consultant Services Agreement and Amendment No. 1 to that agreement, JLL will represent the City in the disposition of the Riverbend site for the uses approved by the City Council for the period commencing November 02, 2015, and ending December 31 st 2016. The brokers assigned to the disposition assignment will include market specialists for the approved uses (multi-family, retail, office, etc.). Services will include, at a minimum, the following: • Providing the City with recommendations about any additional site due diligence that may be required or recommended in advance of initiating a solicitation process. • Developing all marketing materials and solicitation materials, subject to the city's prior approval. • Broadly marketing the product locally and regionally to appropriate investors • Supporting the City in the solicitation and selection process and in reports to the Council and Mayor. • Supporting the City in negotiations with the selected development/investor. Brokerage Services Compensation In consideration of this revised Scope of Work, JLL will represent the City in the disposition of the Riverbend site for a commission rate of two percent (2%) of the sales price, to be paid upon closing. In the event JLL brings forward a qualified buyer who agrees to the City's established performance requirements, terms, conditions, and approved uses during the period this Revised Scope of Work is in effect and the City fails to approve the transaction with the buyer, JLL will be entitled a one-time breakup fee of $75,000, which, upon payment will constitute JLL's full and final settlement, acceptance, and release of all claims of any kind related to JLL's representation of the City on the Riverbend project. This fee is contingent on the following assumptions: • JLL will perform a local zoning analysis, but assumes the City will provide all available site information including title, environmental, utilities and geotechnical. JLL/City of Kent Riverbend Revised Scope of WorkPage 2 • JLL will perform one site massing study. • JLL will provide staff support to an advisory committee Mayor and Council may appoint to assist the City in reviewing and selecting offers for final consideration by the Mayor and City Council. • JLL will provide at least two (2) presentations to City staff and/or potential Advisory Committee and one (1) preliminary presentation to City Council and Mayor and one (1) final presentation to the City Council and Mayor. Tasks necessarily attendant to this revised scope of work that would be performed in the ordinary course of business are included. Additional tasks, time, or costs will not be approved or paid unless JLL first receives the City's prior written authorization. ® 15 KEA!T AMENDMENT NO. I NAME OF CONSULTANT OR VENDOR: ]ones Lang LaSalle (3LL) CONTRACT NAME & PROJECT NUMBER: Riverbend Real Estate & Consulting Service ORIGINAL AGREEMENT DATE: 5114/15 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: - 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Same Scope of Work just extending the agreement date to December 31, 2015. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $24,750.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $0 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $0 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/2014 16 (insert date) Revised Time for Completion under prior Amendments (insert date) Add'I Days Required (f) for this calendar days Amendment Revised Time for Completion 12/31/2015 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract_acceIer_ation,_onsite_or_home__office_ouer_head,_or_lost_profits.T_his_Amendmentrunless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department [In th5 held,you may enter the electronic OleGath where the conlracn net been saved) AMENDMENT - 2 OF 2 KENT w = o� AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Jones, Lana, Lasalle OLL) CONTRACT NAME & PROJECT NUMBER: Riverbend Real Estate & Consulting Service ORIGINAL AGREEMENT DATE: 5/14/15 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall complete the work described in the Amended Scope of Work, attached. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III "Compensation," are modified as follows: Original Contract Sum, $24,750.00 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $24,750.00 including all previous amendments Current Amendment Sum $ 2% of sale price subject to terms of Amended Scope of Work Applicable WSST Tax on this $0.00 Amendment Revised Contract Sum $24,750 plus 2% of the sale price subject to terms of Amended Scope of Work Original Time for Completion 12/31/2014 (insert date) Revised Time for Completion under 12/31/2015 prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/2016 AMENDMENT - 1 OF 2 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT - 2 OF 2 i 1,*TT newt Agenda Item: Consent Calendar — 7G TO: City Council DATE: November 17, 2015 SUBJECT: Consolidating Budget Adjustment Ordinance — 3rd Quarter — Adopt MOTION: Adopt Ordinance No. , approving the consolidating budget adjustments made between July 1, 2015 and September 30, 2015 reflecting an overall budget increase of $31,271,331. SUMMARY: Adjustments totaling $30,901,631 have already been approved by Council. Highlights include: $1,100,000 transfer of B&O revenues in excess of adopted budget to the Capital Improvement Fund, per Ordinance No. 4147 and KCC 3.28.130 $17,998,644 for the 2015 bond refunding $4,139,301 to refund Street Operating monies in project with LID funding $4,421,940 for the LED Lighting Conversion project $845,000 use of school zone traffic camera monies for Police overtime, equipment, and renovations at the Corrections facility $572,768 for SEPA mitigation contributions, per Ordinance No. 2494 $403,307 for strategic land acquisitions and sales The remaining amount not yet approved by Council is an overall increase of $369,700, including: $228,000 for the monthly service charges paid for the school zone traffic cameras $96,693 to fund upcoming strategic land acquisition and sale costs $45,007 for various criminal justice grants and contributions EXHIBITS: 1) Ordinance 2) Exhibit RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: These expenditures are funded by grants, existing fund balance, or other new revenues. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between July 1, 2015 and September 30, 2015, reflecting an overall budget increase of $31,271,331. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Budget Adiustments. The 2015-2016 biennial budget is amended to include budget fund adjustments for the third quarter of 2015 from July 1, 2015 through September 30, 2015, as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2015-2016 biennial budget Ordinance No. 4137, as amended by Ordinance Nos. 4149 and 4168, shall remain unchanged. SECTION 2. — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1 2015-2016 Budget Adjustment Third Quarter- 2015 SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4, — Effective Date. This ordinance shall take effect and be in force (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. 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) RONALD F. MOORE, CITY CLERK P'.ACivilAOrdinanceVBudge[Adjustment rdinance 3rd Quarter zols.doc: 2 2015-2016 Budget Adjustment Third Quarter- 2015 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments July 1, 2015 to September 30, 2015 Previously Approval Total Fund Title Adjustment Approved Requested Ordinance 100 General Fund 1,100,000 1,100,000 110 Street Funds 450,000 450,000 130 Lodging Tax Funds 150,000 150,000 150 Capital Improvement Fund 161,848 161,848 160 Criminal Justice Funds 1,019,644 273,007 1,292,651 220 Non-Voted Debt Service 8,955,177 8,955,177 250 Special Assessment Debt Service 1,869,301 1,869,301 310 Street Capital Projects 5,914,708 5,914,708 330 Other Capital Projects Fund 9,347,787 33,832 9,381,619 340 Technology Capital Projects 196,027 196,027 440 Drainage / Sewer Utility Funds 1,000,000 1,000,000 560 Insurance Funds 800,000 800,000 Total 30,964,492 306,839 31,271,331 Budget Adjustment Detail for Budget Changes July 1, 2015 to September 30, 2015 Approval Previously Not Total Date or Approved by Previously Adjustment Other Fund Council Approved by Ordinance Council 100 -General Fund B&O Transfer to CIP Fund ORD 4147 1,100,000 1,100,000 Total General Fund 1,100,000 1,100,000 110 -Street Fund Transfer to Residential Traffic Calming 04/15/2014 250,000 250,000 Transfer to 240th Street Slide Repair 06/16/2015 200,000 200,000 Total Street Fund 450,000 - 450,000 130 - Lodging Tax Fund Genesis Marketing Agreement 08/18/2015 150,000 150,000 Total Lodging Tax Fund 150,000 - 150,000 150 -Capital Improvement Fund Transfer to 2015 Refunding Bond Debt Service 08/04/2015 161,848 161,848 Total Capital Improvement Fund 161,848 - 161,848 160 -Criminal Justice Fund Traffic School 03/18/2014 62,708 62,708 Target Zero Project Grant 8,607 8,607 Edward Byrne Mem Justice Grant 06/16/2015 57,455 57,455 WTSC DDACTS Grant 33,400 33,400 WSPR 2015 Boat Grant 04/21/2015 6,985 6,985 DDTFYC Cumm Donations 08/02/2013 34,333 34,333 DDTF Program 08/02/2013 13,163 13,163 KC WTSC Distracted Driver 3,000 3,000 Monthly Traffic Camera Charges 228,000 228,000 Police Equipment, OT, Corrections Renovations 06/16/2015 845,000 845,000 Total Criminal Justice Fund 1,019,644 273,007 1,292,651 220 - Non-Voted Debt Service 2015 Refunding- Pay Off 2006 Bonds 08/04/2015 8,793,329 8,793,329 2015 Refunding Bond Debt Service 08/04/2015 161,848 161,848 Total Non-Voted Debt Service 8,955,177 - 8,955,177 250 -Special Assessment Debt Service Refund Street Oper-LID Funded OPS Comm 1,869,301 1,869,301 Total Special Assessment Debt Service Fund 1,869,301 - 1,869,301 310 -Street Capital Projects Fund Residential Traffic Calming 04/15/2014 250,000 250,000 240th Street Slide Repair 06/16/2015 200,000 200,000 LED Lighting Conversion 05/19/2015 2,621,940 2,621,940 SEPA Mitigation Contributions ORD 2494 572,768 572,768 Transfer to Street Oper- Refund LID Funded OPS Comm 2,270,000 2,270,000 Total Street Capital Projects Fund 5,914,708 - 5,914,708 330 -Other Capital Projects Fund Naden Property Acquisition 04/07/2015 257,720 257,720 Naden Property Acquisition 02/17/2015 72,125 72,125 Property Sale Preparation - Par 3 O1/20/2015 39,630 39,630 Property Sale Preparation - East Hill Shop 28,338 28,338 Pending Property Sale/Acquisitions 5,494 96,693 102,187 2015 Refunding-Transfer to Pay off 2006 Bonds 08/04/2015 8,793,329 8,793,329 2015 Refunding- Debt Issuance Costs 08/04/2015 88,290 88,290 Total Other Capital Projects Fund 9,284,926 96,693 9,381,619 340 -Technology Capital Projects Fund Reallocate Budgeted Project Funds 12/09/2014 196,027 196,027 Total Technology Capital Projects Fund 196,027 - 196,027 440 - Drainage/ Sewer Utility Fund Transfer to LED Lighting Conversion 05/19/2015 1,000,000 1,000,000 Total Drainage/ Sewer Utility Fund 1,000,000 - 1,000,000 560 -Insurance Fund Transfer to LED Lighting Conversion 05/19/2015 800,000 800,000 Total Insurance Fund 800,000 - 800,000 Grand Total All Funds 30,901,631 369,700 31,271,331 i \, K EN"�' Agenda Item: Consent Calendar — 7H TO: City Council DATE: November 17, 2015 SUBJECT: Write-offs of Uncollectable Accounts — Authorize MOTION: Authorize the Mayor to write-off uncollectable accounts owed to the City in the amount of $33,856.07, subject to final approval of the Finance Director and City Attorney. SUMMARY: Authorization is requested to write-off $33,856.07 in uncollectable accounts receivable. The accounts receivable balance as of 9/30/15 was $4,213,690.25 and the requested write-off represents 0.8% of the balance. $695.13 of the requested write-off consists of interest and finance charges. Of the $33,856.07, $19,493.19 represents businesses that have closed. ($18,701.58 in gambling tax debt and $791.61 in unpaid fire permits). $11,956.77 is damage to city property and the remaining $2,406.11 is comprised of miscellaneous department services. All but one account have been referred to collections and are considered uncollectable, covering the period 2008 to 2011. The one account not referred to collections was a bankruptcy from 2013. EXHIBITS: 2015 Write-offs Detail RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: There is no budget impact as a result of this motion as these accounts have already been fully reserved as doubtful accounts and are not included in the net accounts receivable amount. This page intentionally left blank. 2015 Write-offs Detail Year Customer: Invoice: Interest: Total Due: Billing/Service: 2009-2011 Lucky Chinese Rest. (closed 1 '09) 169.61 10.00 179.61 Fire Permits 2010 KRS,Inc.-prev. bankruptcy(closed 4'11) 186.00 12.00 198.00 Fire Permit 2010 New Image Creative Sign (closed 11 '10) 186.00 8.00 194.00 Fire Permit 2010 The Big House Storage (closed 11'10) 62.00 8.00 70.00 Fire Permit 2013 Graphic Impr./Bankruptcy(closed 1 '14) 140.00 10.00 150.00 Fire Permit Fire Permits: 743.61 48.00 791.61 2010 Towe,Gary dba Charley's(closed 11 '11) 9,566.40 0.00 9,566.40 2010 Quarterly Gambling Tax 2011 Towe,Gary dba Charley's(closed 11 '11) 7,952.52 0.00 7,952.52 2011 Quarterly Gambling Tax 2011 Choi,Jin dba Poppa's Pub(closed 7'11) 1,178.40 4.26 1,182.66 2011 Quarterly Gambling Tax Gambling Tax: 18,697.32 4.26 18,701.58 2009/2010 Singh,Kam 1,341.89 32.29 1,374.18 Sewer Inspections/Vac.Tests 2010 Embry,Charles C. 175.57 8.12 183.69 Sand oil spill @ 4&James 2010 Gutierrez,Michael 210.00 2.35 212.35 Commons,returned check 2010 Unlimited Mechanical 551.81 23.58 575.39 Stand pipe Acceptance Test 2011 Morrisson,Samuel 52.50 8.00 60.50 Senior Center Room Rental City Services: 2,331.77 74.34 2,406.11 2008 Delgado Franco,Paulo Cesar 1,289.89 166.09 1,455.98 Repair beamrail @ 74&Willis 2008 Lopez,John B. 340.93 64.77 405.70 Guardrail Repair @72&S 262 2009 Kumar,Vijay 388.01 149.67 537.68 Guardrail repair @ S 218 2009 Pacheco,Georgina/Garcia-Lopez 880.61 8.97 889.58 Hydrant Repair @ 607 W Central 2010 Locke,Joseph R. 352.65 38.24 390.89 Guardrail repair @ Kensington 2010 Skwierceynski,Bradley S. 110.26 12.00 122.26 Sign repair @ W Willis 2010 Tellez,Felix Reyes 4,488.33 0.00 4,488.33 Replace Hydrant&Vactor Svcs 2010 Thompson,Shawn Paul&Leah 1,254.80 10.73 1,265.53 Repair Guardrail 2010 Waguk,Minor Rison 1,256.02 62.35 1,318.37 Repair Guardrail 2010 Washington,Melisa 1,026.74 55.71 1,082.45 Repair Guardrail&Sign @ 94Ave S Damage to city property: 11,388.24 568.53 11,956.77 TOTAL-2015 WRITE-OFFS: 33,160.94 695.13 33,856.07 This page intentionally left blank. K EN*• T Agenda Item: Consent Calendar - 7I TO: City Council DATE: November 17, 2015 SUBJECT: SAMHSA Drug Free Communities Grant - Accept MOTION: Authorize the Mayor to sign the Drug Free Communities Support Program Grant from the Substance Abuse and Mental Health Services Administration in the amount of $125,000, amend the budget, and authorize expenditure of the grant funds in accordance with the grant's terms and conditions. SUMMARY: The City has been awarded this competitive federal Drug Free Communities Grant by the Department of Health and Human Services and the Office of National Drug Control Policy. This is a five year grant funded separately each year. Kent has been awarded $125,000 for the Federal fiscal year of September 30, 2015, through September 29, 2016. This grant project requires a 100% match, which the City will achieve mostly through salaries and benefits of staff who work on the grant project. The grant funds will be used for drug and alcohol prevention activities identified by the Kent Drug Free Coalition, Kent Police youth board projects, including the Game of Life youth conference. Exhibit: Notice of Award Recommended By: Public Safety Committee YEA: Boyce, Berrios, Thomas NAY: Budget Impact: Budget Impact: Matching funds achieved through the payment of salaries and benefits. This page intentionally left blank. Notice of Award t DFC Issue Date: 08/06/2015 Department of Health and Human Services 14� Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP020419-07 FAIN: SP020419 Program Director: Stacy Judd Project Title: DFC Grantee Address Business Address CITY OF KENT Kenneth Thomas Stacy Judd Chief of Police City of Kent Kent Police Department 220 4th Avenue South 220 4th Avenue South Kent, WA 980325895 Kent, WA 980325895 Budget Period: 09/30/2015 —09/29/2016 Project Period: 09/30/2014—09/29/2019 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $125,000 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to CITY OF KENT in support of the above referenced project. This award is pursuant to the authority of the DFC Act 1997 (PL 105-20) reauth.PL107-82,115 STAT 814 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Karen Warner Grants Management Officer Division of Grants Management See additional information below Page-1 SECTION I —AWARD DATA—5H79SP020419-07 Award Calculation (U.S. Dollars) Salaries and Wages $8,209 Fringe Benefits $1,005 Personnel Costs (Subtotal) $9,214 Supplies $25,125 Consortium/Contractual Cost $58,230 Travel Costs $18,468 Other $13,963 Direct Cost $125,000 Approved Budget $281,250 Federal Share $125,000 Non-Federal Share $156,250 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE) $125,000 SUMMARY TOTALS FOR ALL YEARS YR I AMOUNT 7 $125,000 8 $125,000 9 $125,000 10 $125,000 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.276 EIN: 1916001254A2 Document Number: 14SP20419A Fiscal Year: 2015 IC CAN Amount SP C96R655 $125,000 IC CAN 2015 2016 2017 2018 SP C96R655 $125,000 $125,000 $125,000 $125,000 SP Administrative Data: PCC: DFC/OC: 4145 SECTION 11—PAYMENT/HOTLINE INFORMATION —5H79SP020419-07 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support—Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning Page-2 fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III —TERMS AND CONDITIONS—SH79SP020419-07 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs SECTION IV— SP Special Terms and Conditions—SH79SP020419-07 REMARKS A grant award recipient, also referred to as recipient, may carryover previous unobligated balance (UOB) of funds up to 10 percent of the total Federal share from the current budget period (the year in which the funds will be needed) without prior approval from the Grants Management Officer (GMO). The intention to carryover up to this threshold must be reflected in the remarks section of the Federal Financial Report (FFR) submitted for the FY 2015 budget period. The subsequent FFR must reflect the actual UOB carryover amount in the remarks section. If the amount of carryover exceeds 10 percent, the GMO will notify the recipient that they must return the Federal share over the threshold due to noncompliance and may rescind this authority. However, the recipient may request for approval, a carryover above the 10 percent threshold, but must submit a detailed budget and narrative justification if the program requires additional funds. The total amount requested and justified must be both the 10 percent plus the amount requested over that in order to analyze the total unobligated balance of funds. The applicability of this authority for your project is stated above. DFC recipients are strongly encouraged to keep DFC Federal staff informed of any modifications to a previously approved budget. Please refer to the DFC Grant Award Recipient Handbook at http://www.whitehouse.gov/ondcp/information-for-current-grantees for Roles and Responsibilities of the Recipient, as well as the Federal staff that support the DFC Program. Federal staff contact information is available at http://www.whitehouse.gov/ondcp/Drug-Free-Communities-Support- Program/contacts. PROGRAM OVERVIEW The Drug-Free Communities (DFC) Support Program is a collaborative effort between the Office of National Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration (SAMHSA). ONDCP issues grant awards to community coalitions through an interagency agreement with SAMHSA. According to the Drug-Free Communities Act of 1997, the purpose of DFC funding is to address two major goals: 1) establish and strengthen collaboration among communities, public and private non-profit agencies, and Federal, state, local and Tribal Page-3 governments to support the efforts of community coalitions and 2) reduce substance use among youth and, over time, among adults. While responsibility rests with the recipient for achieving the primary goals of the program, SAMHSA shall monitor and provide continuing technical assistance, consultation, and coordination in the implementation of the project during the funding period. You can find additional details about the support available to you as a recipient on the program's website at http://www.wh ite ho use.gov/ondcp/Drug-Free-Communities-Support-Prog ram. In addition to these Terms and Conditions and the applicable statutes and regulations, recipients are bound by all requirements in the Request for Applications (RFA) for the FY 2015 Drug-Free Communities (DFC) Support Program available at http:/AVww.samhsa.gov/grants/grant- announcements/sp-15-001. TERMS AND CONDITIONS OF AWARD Failure to comply with Terms and Conditions may result in a financial drawdown restriction on your Payment Management System Account or denial of funding in the future as outlined in the following section. Sub-recipients and contractors under grants are subject to the requirements of the cost principles otherwise applicable to their type of organization and to any requirements placed on them by the recipient to be able to comply with the Terms and Conditions of the award. PROGRESSIVE DISCIPLINE AND APPEALS PROCESS If for any reason you do not comply with the applicable terms, conditions, rules and regulations for the DFC Program, your grant will be subject to the Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA. There are three progressive discipline actions that can be taken: 1) High Risk status, 2) Suspension, and 3) Termination. Failure to comply with special Terms and Conditions may also result in a financial drawdown restriction on your Payment Management System Account or denial of funding in the future. An overview of this plan and the complete explanation and procedures are posted on the Drug- Free Communities Support Program website at http://www.whitehouse.gov/ondcp/information-for- current-grantees or can be linked through http://www.samhsa.gov/Grants/management.aspx. ROLES AND RESPONSIBILITIES OF THE RECIPIENT For the purposes of the DFC Program, a "recipient" is either a coalition that has received a grant or is an outside agent that is serving as the recipient on behalf of a community coalition. The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the DFC Program. Failure to meet any of these requirements is considered non-compliance with grant regulations (see Progressive Discipline and Appeals Process). Statutory Eligibility Requirements for DFC-funded coalitions (if you are the recipient for a separate coalition, you are still responsible for ensuring all eligibility criteria are met by the coalition): o The coalition must at all times have at least one representative from the required 12 sectors, as outlined in the RFA and the Drug-Free Communities Act of 1997, The coalition must maintain meeting minutes that demonstrates it is a unique entity that has substantial involvement from its members and is working toward the two goals of the DFC Program, 11 The coalition must address multiple (more than one) drugs in its 12-Month Action Plans for each year of funding, The coalition must have as its principal mission the reduction of youth substance use, The coalition has not received more than 10 years of DFC funding, The coalition must capture and provide specific data as required in the Request for Applications (RFA) and vetted by the DFC National Evaluation team, The recipient must be an entity eligible to receive Federal funds, Page-4 The recipient must not request more than $125,000 per year, The recipient must document the level of non-Federal match defined in the DFC Act, and 11 The recipient can only be awarded one DFC Grant at a time. Other Requirements for all DFC Recipients (coalitions or outside agents): 11 The recipient must continue implementing the specific goals and objectives outlined in their approved application for DFC funding. The recipient must develop a funding plan that ensures (1) the required match of requested Federal funds and (2) solicits substantial financial support from non-Federal sources for sustainability purposes. 11 The lead paid "key" personnel (Program Director/Project Coordinator) of the DFC- funded coalition must participate in DFC Me link(https://www.whitehouse.gov/ondcp/dfcme) so that he/she receives information from ONDCP DFC Staff on a timely basis (see Special Term#7 below for more details). 11 The recipient must use the Strategic Prevention Framework(SPF), a five-step evidence based process for community planning and decision making. 11 The recipient must plan and implement appropriate environmental strategies as part of their comprehensive 12-Month Action Plan. Requirements for Recipients in Year 3 and 7: The coalition must submit via email a Sustainability Plan to the Government Project Officer (GPO) within 60 days of the start of years 3 and 7 of DFC funding. The GPO will review and provide the coalition with feedback on this plan within 30 days of receipt. RESTRICTIONS ON RECIPIENT LOBBYING (c) Title 18 > Part I > Chapter 93 > Section 1913: No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation, but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his/her request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute as a violation of section 1352(a) of title 31. SPECIAL TERMS OF AWARD 1. The recipient must receive and expend non-Federal matching funds as required in the Request for Applications (RFA) and the Drug-Free Communities Act. In-kind support (i.e., donations, volunteer time, etc.) may also be used to satisfy the match requirement. 2. The recipient must comply with the DFC National Evaluation requirements. ONDCP requires all recipients to collect core measures data specific to the geographic area designated in the approved application. The core measures data collection size must be sufficient to provide an accurate and meaningful statistical representation of the people being surveyed in each of the geographical areas served by the coalition. Data for the following four core measures must be collected and reported every two years on alcohol, tobacco, marijuana, and prescription drugs for three grades (6th - 12th) with a recommended combination of at least one middle school and at least one high school grade: Page-5 1. Past 30-day use 2. Perception of risk or harm 3. Perception of parental disapproval of use 4. Perception of peer disapproval of use The recipient is responsible for providing these core measures data every two years on or before the deadline established for each reporting period as highlighted on the program website at http://www.wh ite ho use.gov/ondcp/Drug-Free-Communities-Support-Prog ram. Failure to meet established deadlines could result in the GPO placing the recipient on High-Risk status, which could lead to an eventual suspension or termination of the grant for failure to comply with reporting requirements. ONDCP reserves the right to change measures for effective and meaningful evaluation of the program. 3. When requested, the recipient must develop a Corrective Action Plan (CAP) and complete the approved plan within the designated timeframe designated by the GPO. The Corrective Action Plan must be designed to address identified deficiencies in performance and/or in the conditions contributing or causing the identified unsatisfactory performance. 4. Recipients are required to adhere to all the sections of the Roles and Responsibilities of Grantees, as outlined in earlier sections of the Notice of Award (NoA). 5. The recipient must continue to meet the Statutory Eligibility Requirements, as required by the original RFA and the Drug-Free Communities Act during each year of funding. 6. Requests to carryover funds from one fiscal year to another are due to the GMO by the first Monday in February. All such requests must include existing budget line item detail and carryover line item detail and a copy of the coalition meeting minutes showing coalition approval of the request. 7. The lead paid "key" personnel (Program Director/Project Coordinator of the DFC-funded coalition must participate in DFC Me at https://www.whitehouse.gov/ondcp/dfcme so that he/she receives information from ONDCP DFC Staff on a regular basis. This includes submitting the lead paid "key" personnel contact information, as well as the contact information of one member from each of the required 12 sectors. The lead paid "key" personnel is required to discuss the use of DFC Me with sector members chosen to represent each sector, so that they understand their role in distribution of information sent to them. Information sent to specific sectors will always be sent to the lead paid "key" personnel. 8. The DUNS number recipients use on their application must be registered and active in the System for Award Management (SAM) which can be accessed at https://www.sam.gov. Recipients must update their SAM information at least every 12 months to maintain an active account. STANDARD TERMS OF AWARD 1. Performance Goals: Recipients must comply with the implementation, monitoring, and evaluation of the accepted goals, milestones, and expected outcomes as reflected in both the 12-Month Action Plan and the RFA. All requirements specified around grant implementation and four core measures data collection must be followed. 2. Indirect Cost Rates: §200.414/§75.414 Page-6 (f) In addition to the procedures outlined in the appendices in paragraph (e) of this section, any non-Federal entity that has never received a negotiated indirect cost rate, except for those non- Federal entities described in Appendix VI to Part 200/Appendix VI to part 75 -States and Local Government and Indian Tribe Indirect Cost Proposals, paragraph D.1.1b, may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. As described in §200.403/§75.403 Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time. (g) Any non-Federal entity that has a current federally negotiated indirect cost rate may apply for a one-time extension of the rates in that agreement for a period of up to four years. This extension will be subject to the review and approval of the cognizant agency for indirect costs. If an extension is granted the non-Federal entity may not request a rate review until the extension period ends. At the end of the 4-year extension, the non-Federal entity must re-apply to negotiate a rate. Subsequent one-time extensions (up to four years) are permitted if a renegotiation is completed between each extension request. 3. Mandatory disclosures The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321). 4. English Language All Federal financial assistance announcements and Federal award information must be in the English language. Applications must be submitted in the English language and must be in the terms of U.S. dollars. If the Federal awarding agency receives applications in another currency, the Federal awarding agency will evaluate the application by converting the foreign currency to United States currency using the date specified for receipt of the application. Non-Federal entities may translate the Federal award and other documents into another language. In the event of inconsistency between any terms and conditions of the Federal award and any translation into another language, the English language meaning will control. Where a significant portion of the non-Federal entity's employees who are working on the Federal award are not fluent in English, the non-Federal entity must provide the Federal award in English and the language(s) with which employees are more familiar. 5. The Division of Grants Management created a Public Assistance (P) Account in the Division of Payment Management's (DPM) Payment Management System to provide a separate accounting of Federal funds per the SAMHSA grant. When discussing your account with the DPM's Account Representative, provide the document number identified on Page 2 of the Notice of Award under Section I -AWARD DATA, Fiscal Information.6As the recipient organization, you acknowledge acceptance of the grant Terms and Conditions by drawing down or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable and reasonable. 6. Recipients must adhere to all applicable requirements of the Fiscal Year 2012 Consolidated Appropriations Act provisions in PL 112-74 for the Department of Labor, Health and Human Services, and Education and the Department of Interior and Related Agencies and from the Consolidated and Further Continuing Appropriations Act, Fiscal Year 2012, Public Law 112- 55 for the United States Department of Agriculture, and Related Agencies. Page-7 7. This grant is subject to the Terms and Conditions as stated in Section III (Terms and Conditions) of the NoA. Refer to the "order of precedence"that explains the laws and regulations that govern the award. 8. The recipient organization is legally and financially responsible for all aspects of this grant. The Department of Health and Human Services' (HHS), Office of General Counsel (OGC) has provided guidance on how the lobbying restrictions in the Fiscal Year 2012 Consolidated Appropriations Act (CAA, 2012) will affect HHS programs. Section 503 of the Labor, HHS, and Education Appropriation Act (Division F of the CAA, 2012) is the most comprehensive provision focused on lobbying restrictions. Recent changes to this section may have implications for SAMHSA and its recipients. Language provided by OGC, below provides specific guidance on: agency actions, recipient lobbying, tax increases and other restrictions on legal consumer products, and clarification of Internal Revenue Code provisions. Section 503 - Agency Actions a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself. Section 503(b) - Recipient and Contractor Lobbying b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive Order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government. c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, state or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 9. Grant funds cannot be used to supplant current funding of existing activities. Under the HHS Grants Policy Directives, 1.02 General--Definition: Supplant is to replace funding of a recipient's existing program with funds from a Federal grant. 10. The recommended future support as indicated on the NoA reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of Federal funds, the demonstration of matching funds, and acceptable documentation of the progress of the grant. 11. Confidentiality of Alcohol and Drug Abuse Patient Records Regulations (42 CFR 2) are applicable to any information about alcohol and other drug abuse patients obtained by a program (42 CFR 2.11) if the program is Federally-assisted in any manner (42 CFR 2.12b). Accordingly, all project patient records are confidential and may be disclosed and used only in accordance with (42 CFR 2). The recipient is responsible for assuring compliance with these regulations and principles, including responsibility for assuring the security and confidentiality of all electronically transmitted patient material. Page-8 12. Accounting Records and Disclosure: Awardees and sub-recipients must maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to grant or sub-grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income. The awardee, and all its sub-recipients, should expect that SAMHSA, or its designee, may conduct a financial compliance audit and on-site program review of grants with significant amounts of Federal funding. 13. Per (45 CFR 75) and the HHS Grants Policy Statement, any copyrighted or copyrightable works developed under this cooperative agreement/grant shall be subject to a royalty-free, non- exclusive and irrevocable license to the government to reproduce, publish, or otherwise use them and to authorize others to do so for Federal government purposes. Income earned from any copyrightable work developed under this grant must be used as program income. 14. A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register on May 16, 1997. This initiative is designed to facilitate and encourage recipients and their sub- recipients to hire welfare recipients and to provide additional needed training and/or mentoring as needed. The text of the notice is available electronically on the OMB home page at http://www.whitehouse.gov/omb/fedreg/omb-not.html. 15. Program income accrued under the award must be accounted for in accordance with (45 CFR 75.307 (e)(2)) as applicable. Program income must be reported on the Federal Financial Report (FFR), Standard Form 425. Program income accrued under this award may be used in accordance with the additional costs alternative described in (45 CFR 75.307(e)(2)) as applicable. Program income must be used to further the grant objectives and shall only be used for allowable costs as set forth in the applicable OMB Circulars A-102 (Grants and Cooperative Agreements with State and Local Governments) and A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations). 16. Actions that require prior approval must be submitted in writing to the Grants Management Officer (GMO), SAMHSA. The request must bear the signature of the authorized business official of the recipient organization as well as the Program Director. Approval of the request may only be granted by the GMO and will be in writing. No other written or oral approval should be accepted and will not be binding on SAMHSA. Post-award changes and instructions may be found at http://www.samhsa.gov/grants/grants-management/post-award-changes . 17. The recipient is required to notify the GMO and Government Program Official (GPO) in writing if the Program Director (PD) or Project Coordinator (PC) "key" personnel specifically named in the NoA will withdraw from the project entirely, be absent from the project during any continuous period of three months or more, or reduce time devoted to the project by 25 percent or more from the level that was approved at the time of award (for example, a proposed change from 40 percent effort to 30 percent or less effort). SAMHSA must approve any alternate arrangement proposed by the recipient, including any replacement of the PD or key personnel named in the NoA. The request for approval of a substitute PD/key personnel should include a justification for the change, the biographical sketch of the individual proposed, other sources of support (if applicable), and any budget changes resulting from the proposed change. If the arrangements proposed by the recipient, including the qualifications of any proposed replacement, are not acceptable to SAMHSA, the grant may be suspended or terminated. If the recipient wants to terminate the project because it cannot make suitable alternate arrangements, it must notify the GMO, in writing and copy the GPO, of its wish to terminate. The GMO will forward closeout instructions. Key personnel (or key personnel positions, if personnel has not been selected) are listed below: Page-9 Stacy Judd, Program Director @ 80% level of effort Sara Wood, Project Coordinator @ 20% level of effort All changes in key personnel including level of effort must be sent electronically to the GPO including a biographical sketch and other documentation and information as stated above who will make a recommendation for approval or disapproval to the assigned Grants Management Specialist (GMS). Only the GMO may approve key personnel changes. 18. Refer to the NoA under Section II (Payment/Hotline Information) regarding the Payment Management System and the HHS Inspector General's Hotline concerning fraud, waste or abuse. 19. As the recipient organization, you acknowledge acceptance of the grant Terms and Conditions by drawing or otherwise obtaining funds from the Payment Management System. In doing so, your organization must ensure that you exercise prudent stewardship over Federal funds and that all costs are allowable, allocable, and reasonable. 20. No HHS funds may be paid as profit (fees) per (45 CFR Part 75.215 (b)). 21. Where a conference is funded by a grant or cooperative agreement, the recipient must include the following statement on all conference materials (including promotional materials, agenda, and Internet sites): Funding for this conference was made possible (in part) by (insert grant or cooperative agreement award number) from ONDCP and SAMHSA. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug Control Policy or the Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 22. If Federal funds are used by the recipient to attend a meeting, conference, etc. and meal(s) are provided as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be reduced by the allotted meal cost(s). 23. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to: http://www.sam hsa.gov/grants/g rants-manage ment/policies-regulations/add itional-directives 24. Recipients must comply with the requirements of the National Historical Preservation Act and EO13287, Preserve America. The HHS Grants Policy Statement provides clarification and uniform guidance regarding preservation issues and requirements (pages I-20, Preservation of Cultural and Historical Resources). For questions concerning historical preservation, please contact SAMHSA's Office of Program Services, Building, Logistics and Telecommunications Branch at 240-276-1001. 25. Executive Order 13410: Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs promotes efficient delivery of quality health care through the use of health information technology, transparency regarding health care quality and price, and incentives to promote the widespread adoption of health information technology and quality of care. Accordingly, all recipients that electronically exchange patient level health information to external entities where national standards exist must: 11 Use recognized health information interoperability standards at the time of any Health Information Technology (HIT) system update, acquisition, or implementation, in all relevant Page-10 information technology systems supported, in whole or in part, through this agreement/contract. Please consult http://www.healthit.gov for more information, and 11 Use Electronic Health Record systems (EHRs) that are certified by agencies authorized by the Office of the National Coordinator for Health Information Technology (ONC), or that will be certified during the life of the grant. For additional information contact: Jim Kretz at 240-276-1755 or Jim.Kretz@samhsa.hhs.gov , Kathryn Wetherby at 240-276-2899 or Kathryn.Wetherby@samhsa.hhs.gov . Questions and issues may be raised on SAMHSA's HIT Forum at http://cmhbbs.samhsa.gov/. 26. By signing the Application for Federal Assistance (SF- 424) Item#21, the Authorized Representative (AR) certifies (1) to the statements contained in the list of certifications and (2) provides the required assurances and checking the I AGREE box provides SAMHSA with the AR's agreement of compliance. It is not necessary to submit signed copies of these documents, but should be retained for your records. Assurance and Certification pages can be located at the following link: http://www.samhsa.gov/grants/continuation-grants or contained within the Request for Applications (RFA). REPORTING REQUIREMENTS 1. Semi-Annual Progress Report: The DFC Semi-Annual Progress Reports, submitted through DFC Me are completed twice a year in August and February. Completion of the DFC Semi-Annual Progress Report requires in part that DFC recipients report activity data within each strategy type. DFC recipients may enter activity data into the DFC Me system throughout the reporting period as activities are completed. DFC recipients are NOT required to report the core measures during every reporting period. It is the responsibility of the recipient to know when core measure data is required and to enter it at the proper time (every two years starting with baseline collection year). February 2016 August 2016 ONDCP and SAMHSA will notify all DFC recipients of exact due dates at a later date. Final Program Closeout Report: Due no later than 90 days following grant ending date. (See Closeout Report information below). 2. Annual Coalition Classification Tool: In addition, all DFC recipients must complete the Coalition Classification Tool (CCT) once per year: August 2016 3. Financial Reports: The Federal Financial Report (FFR), Standard Form 425 (SF-425) is required on an annual basis and must be submitted each budget period on the report due date(s) schedule after the close of the 12- month budget period. The FFR is required for each 12-month period, regardless of the overall length of the approved extension period authorized by SAMHSA. In addition, a final FFR is due within 90 days after the end of the extension. The FFR must be submitted no later than: Friday, January 30, 2016 Page-11 a) NOTE: SINGLE GRANT REPORTING IS REQUIRED FOR EACH SAMHSA PROJECT AS STATED ON THE FFR (#10 d-o). Do not include any amount in Line 10f that has been reported in Line 10e. If applicable, include the required match on this form under Recipient Share (#10 i-k) and Program Income (I-o) in order for SAMHSA to determine whether matching is being provided and the rate of expenditure is appropriate. Adjustments to the award amount, if necessary, will be made if the recipientfails to meet the match. b) The FFR must be prepared on a cumulative basis and all program income must be reported. c) If your organization intends to automatically carryover an unobligated balance of funds from the prior year(s) up to 10 percent of the Federal share as reflected in the current Notice of Award, it must be stated in the Remarks section (#12) of the FFR. The subsequent FFR must reflect the actual carryover amount in the Remarks section (#12) also. If the actual carryover amount exceeds the 10 percent threshold, the excess grant funds must be returned. SAMHSA reserves the right to change and/or suspend the practice of permitting recipients to automatically carryover unobligated balances of funds without prior approval. d) When submitting the FFR to SAMHSA, the amounts reported under Transactions (#10 a-c)to the (DPM), must equal or be reconciled with the Federal Expenditures and Unobligated Balance reported in (#10d-h). The FFR may be accessed from the following website at http://www.whitehouse.gov/omb/grants forms including instructions. The data can be entered directly on the form and the system will calculate the figures, it then can be printed and mailed to this office. 4. Submission of the Federal Cash Transactions Report PSC 272 is due 45 days after the end of each fiscal quarter. This Division of Payment Services report is completed on-line. To access the information and review the exact due dates go to http://www.dpm.psc.gov/. 5. The recipient must comply with the GPRA requirements that include the collection and periodic reporting of performance data as specified in the RFA or by the Program Official. This information is needed in order to comply with PL 102-62 which requires information is needed in order to comply with PL 102-62 which requires that SAMHSA report evaluation data to ensure the effectiveness and efficiency of its programs. 6. Audit requirements for Federal award recipients are detailed at 2 CFR 200 Subpart F via http:/A,vww.ecfr.gov/cgi-bin/text idx?SID=704835d27377ef5213a51c149de40cab&node=21.1.2.2.1&rgn=div5. Specifically, non- Federal entities that expend a total of$750,000 or more in Federal awards, during each Fiscal Year, are required to have an audit completed in accordance with OMB Circular 2 CFR 200 Subpart F. The Circular defines Federal awards as Federal financial assistance (grants) and Federal cost-reimbursement (contracts) received both directly from a Federal awarding agency as well as indirectly from a pass-through entity and requires entities submit, to the Federal Audit Clearinghouse (FAC), a completed Data Collection Form (SF-SAC) along with the Audit Report, within the earlier of 30 days after receipt of the report or 9 months after the fiscal year end. The Data Collection Forms and Audit Reports must be submitted to the FAC electronically at http://harvester.census.gov/fac/collect/ddeindex.html. For questions and information concerning the submission process, please visit http://harvester.census.gov/sac/or call the FAC 1-800-253- 0696. Failure to comply with the above stated Terms and Conditions may result in suspension, classification as High Risk status, termination of this award, or denial of funding in the future. Page-12 All responses to Terms and Conditions of award and post-award requests must be electronically mailed to the Division of Grants Management Specialist and to the Government Project Officer as identified on your Notice of Award. It is essential that the Grant Number be included in the SUBJECT line of the email. CONTACTS All responses to special Terms and Conditions of award and post-award requests must be mailed to the Division of Grants Management, Office of Financial Resources (OFR) SAMHSA below. For Regular Delivery: For Overnight or Direct Delivery: Division of Grants Management Division of Grants Management OFR, SAMHSA OFR, SAMHSA 1 Choke Cherry Road, Room 7-1091 1 Choke Cherry Road, Room 7-1091 Rockville, MD 20857 Rockville, MD 20850 ALL PREVIOUS TERMS AND CONDITIONS REMAIN IN EFFECT UNTIL SPECIFICALLY APPROVED AND REMOVED BY THE GRANTS MANAGEMENT OFFICER. Barbara Howes, Program Official Phone: (240) 276-2547 Email: barbara.howes@samhsa.hhs.gov Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Page-13 This page intentionally left blank. i \, K EN"�' �N� � Agenda Item: Consent Calendar — 73 TO: City Council DATE: November 17, 2015 SUBJECT: Accessory Dwelling Units Zoning Code Amendment Ordinance — Adopt MOTION: Adopt Ordinance No. , amending Title 15 of the Kent City Code (KCC) including new regulations in KCC 15.08.160 regulating all accessory buildings, along with related amendments to KCC Chapters 15.02, 15.04 and 15.08. SUMMARY: At the June 8, 2015, Economic and Community Development Committee meeting, staff received direction to explore broadly the City's accessory dwelling unit standards and related regulations. At the June 22, 2015, Land Use and Planning Board workshop, staff discussed the current code, local examples, and next steps to both address the zoning code amendment request (#DKT-2014-1) as well as the broader issues regarding accessory structures. At the October 26, 2015, Land Use and Planning Board public hearing, the Land Use and Planning Board recommended approval of the proposed code amendments along with minor "housekeeping" code changes. The proposed amendments regulate accessory structures under the same form-based standards regardless of use, and ensure design capability while managing bulk. Exhibit: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Berrios, Boyce, Higgins NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code, pertaining to accessory structures, including accessory dwelling units; and implementing incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current city code. (DKT 2014-1). RECITALS A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA) requires that the City establish a docketing process as a means for the public to suggest changes or identify deficiencies in City plans and regulations. The docketing process is set forth in Section 12.02.025 of the Kent City Code (KCC). B. On August 26, 2014, a docket item was submitted to the City, requesting a change in how square footage is calculated for accessory dwelling units built on other accessory structures. This was designated Docket 2014-1. Staff recommended that his docket item be included in the 2015 work program for the Economic and Community Development Department. 1 Ordinance Amending KCC 15.02, 15.04 and 15.08 C. On November 10, 2014, the Economic and Community Development Committee passed a motion accepting the staff recommendation to approve the 2014 Annual Docket Report as presented. D. On November 18, 2014, the City Council authorized the Mayor to accept the Economic and Community Development Committee recommendations on the 2014 Annual Docket Report. E. An accessory dwelling unit (ADU) is defined as: "a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation." KCC 15.02.003. F. Accessory dwelling units increase the supply of affordable rental units through better use of existing single-family housing stock, and provide for more flexible housing options. G. On June 8, 2015, staff presented options for the work plan for Docket 2014-1 to the Economic and Community Development Committee. The Committee requested that staff pursue several related issues, including how to regulate other accessory buildings and manage bulk. H. Staff presented information regarding Docket 2014-1 to the Land Use and Planning Board ("LUPB") at a special workshop meeting on August 24, 2015. I. On August 18, 2015, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City's proposed amendments. The Washington State Department of Commerce granted the request for expedited review on September 3, 2015. No comments were received from State agencies. 2 Ordinance Amending KCC 15.02, 15.04 and 15.08 I. On October 2, 2015, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). K. On October 26, 2015, after holding a public hearing, the LUPB made its recommendations regarding the proposed code amendments required to implement the policies contained in Docket 2014-1 to the City Council. L. The Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting on November 9, 2015, and recommended to the full City Council passage of the proposed code amendments. M. At its regularly scheduled meeting on November 17, 2015, the City Council voted to adopt the amendments to portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code, pertaining to accessory structures, including accessory dwelling units, along with incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current city code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 15.02.003 of the Kent City Code is hereby amended as follows: Sec. 15.02.003. Accessory dwelling unit (ADU). An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or 3 Ordinance Amending KCC 15.02, 15.04 and 15.08 detached from and on the same lot with a detached single-family dwelling that provides basic requirements for living, sleeping, eating, cooking (including a stove), and sanitation. SECTION 2, - Amendment. Section 15.02.005 of the Kent City Code is hereby amended as follows: Sec. 15.02.005. Accessory use or structure. Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory structures include, but are not limited to: garages; accessory dwelling units; quest cottages; sheds; storage buildings; and workshops. SECTION 3, - Amendment. Section 15.02.130 of the Kent City Code is hereby amended as follows: Sec. 15.02.130 Dwelling unit. Dwelling unit means one flj room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking (including a stove) and sleeping facilities. SECTION 4, - Amendment. Section 15.02.155 of the Kent City Code is hereby amended as follows: Sec. 15.02.155. Garage or carport, private. Private garage or carport means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., not •_,._.. than one 4 Ordinance Amending KCC 15.02, 15.04 and 15.08 thousand (1,999) squaFe feet on , in which only teeter vehicles used by the tenants of the buildings on the premises are stored or kept. SECTION 5. - Amendment. Section 15.04.020 of the Kent City Code is hereby amended as follows: Sec. 15.04.020. Residential land uses. 5 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P-Principally Permitted Uses S-SpecialUses �„ v e q " e 0 Accesso Uses z z z z z z ° a as A cc s a, A Accessory ry uses P P P P P P P P P P P P P P A A A A One single-familydwelling (D (D (D (D perlot P P P P One duplex perlot (27 ) (27 ) (27 ) P P P P P P P P P P P P One modularhome perlot Duplexes P P P P 22) P P P P P P P P P P P P P P P P P P P P Multifamily townhouse units (27) (27) (27) (rs) (rs) (2) (x) (2) w) (20 (5) P P P P P P P P P P P P Multifamily dwellings (26) (26) (2) (4) (2) c (5) Mobile homes and P manufactured homes Mobile home parks P P P P P P P (13) (13) (13) (13) (13) (13) Group homes class-A P P P P P P P P P P P P P P P P P c P P P P c Group homes class-B P P P P P P P P P P c P P c c c Group homes class 11-A c c c c c c c c c c c c c c c c 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 Key P=Principally Permitted Uses S=Special Uses o .. m C=conditional C C C C C C C f�4 f�4 f�4 "s q q ,��. ,��. as a uses A=Accessory Uses Group homes c c c c c c c c c c c c c c c c class1FB Group homes c c c c c c c c c c c c c c c c class1FC Group homes c c c c c c c c c c class III (� (� (� (� (� (� (� (� L L Secure community transition fsolid eS23 24 Rebuild/acres v v v v v v v v v v v v v v v sory uses for (G (G (G (G (G (G (G (G (G (G (G (G (G (G (G existing dwellings v v v v v v v v v v v Transitional (29 (29 (29 (2) (4) (2) (2) housing ( ( ( c c c (s) (ao (ao GllBSt A A A A A A A add (8) (8) (8) (8) (8) (8) (8) no as, E24 E24 E24 E24 L E24 E24 ) ) ) ) ) ) ) Rooming and A A A A A A A A A A boarding conch more than three persons Farm worker A A A accommodati0 (12 (9) (12 ns Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and u u L u u (18 (18 (18 (18 (18 (18 (ie (ie (ie (ie (ie ) ) ) ) ) ) stru custom(0nl ) ) ) ) ) anly appurtenant to a Periffifted use Accessory A A A A A A A A A A A A A A A A A A A dwelling units (10 (10 (10 (10 (10 (10 (10 (10 (10 (10 L (10 jm jw jw jw L L and ) ) ) ) ) ) ) ) ) ) 1 ) 1 1 coflaaes Accessory A A A A A -A -A A A A A A A A (14 (14 (14 (14 L L L (14 (14 (14 (14 (14 (14 (14 7 Ordinance Amending KCC 15.02, 15.04 and 15.08 Key P=Principally Permitted Uses S=Special Uses o .. m '" e m " •' C=conditional C C C C C C C f�4 f�4 f�4 "s q q ,��. ,��. as a Uses =Accessory Uses living quarters ) ) ) ) 1 1 1 ) ) ) ) ) ) ) v Live work units (aa Home A A A A A A A A A A A A A A A A A A A A A A A A A A A A occupations (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n (n Service A buildings Storage A A A A A A A A A A A A A b ld.rg,.rd (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 (16 at...gs of ) ) ) ) ) ) ) ) ) ) ) ) recreational vehicles Ddveln C C C C C C C C C C C C C C C C C C C C C C C C C C churches Emergency C C C C C C C C C C C C C C housing, emergency shelter C C C C C v v v v v v v v v C C v Assisted living (n9 (n9 (n9 (z) (4) (z) facilities ) ) ) C (5) Residential C C C C C v v v v v v v v v C C v facilities with (29 (29 (29 (2) (4) (2) health care ) ) ) (5 C Designated v v v v v v v v v v v v v manufactured « « )« ) ) i25 i25 i25 i25 i25 i25 i25 i25 i25 i25 home SECTION 6. - Amendment. Section 15.04.030 of the Kent City Code is hereby amended as follows: Sec. 15.04.030. Residential land use development conditions. 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory uses-buildings for existing dwellings may be constructed. fence, subiect to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Guestheuses nOt rented OF etheFWise conducted as a husinessAccessory structures composed of at least two walls and a roof, 9 Ordinance Amending KCC 15.02, 15.04 and 15.08 not including accessory uses or structures customarily appurtenant to aaricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 10 Ordinance Amending KCC 15.02, 15.04 and 15.08 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in the—an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. Subject to KCC 1 r n i � i � 21. oao7ccc co iccc xo.o�.��Bt,Q,Tan ���AEee556 Fy F11 IngS. rReservedl. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit. 11 Ordinance Amending KCC 15.02, 15.04 and 15.08 "Mill , ttYY 1 r em i pI�I r Grpv/ii%� / �/4�4u✓j,411v� y y , 1 " 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes 12 Ordinance Amending KCC 15.02, 15.04 and 15.08 of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be "within line of sight." During the conditional use permit process for a secure community transition facility, "line of sight" may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 13 Ordinance Amending KCC 15.02, 15.04 and 15.08 C. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 14 Ordinance Amending KCC 15.02, 15.04 and 15.08 b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; C. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. 15 Ordinance Amending KCC 15.02, 15.04 and 15.08 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. SECTION 7. - Amendment. Section 15.04.040 of the Kent City Code is hereby amended as follows: Sec. 15.04.040. Manufacturing land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O f f () £ 2 d U w U U K w rc rc rc rc rc rc rc rc rc rc rc x U U U U r r U - U Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 £ £ £ £ Manufacturing, S P P P P P processing, 3) Z Z Z Z Z blending,and 3) 3) 3) 3) 3) C packaging of (D food and beverage products Manufacturing, P P P P P P processing, C blending,and O) packaging of drugs, pharmaceuticals toiletries,and cosmetics Manufacturing, P P P P P P P processing, C blending,and O) packaging of dairy products and byproducts Industnal P P P P P laundry and S dyeing 9) C (Including linen Z supply and o) diaperservices) Printing, P P P C P P P P publishing,and (C C allied industries )) (1) Chemicals and C C C C related products (4) (4) (4) (1) Mfg Contractor P P C P shops (5) (5) c 31 (1) Custom ads P P P P and crafts C 16 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P-Principally Permitted Uses S-Special Uses C-Conditional Uses A-Accessory Uses s rc rc rc rc rc rc rc rc rc 2 2 U u u U 2 Z U 0 0 products Mfg. (i) Computers, P P office machines, (e) (e) and equipment Mfg Manufacturing P P P P P P and assembly of (e) (e) C elecincal (�) equipment, appliances, lighting,radio, TV communications equipment, and components Fabncated P P P P P P metal products C Mfg.',custom (�) sheet metal Mfg containers, hand tools, heating equipment, screw products, extrusion, coating,and plating Manufacturing P P P P P P and assembly of (e) (e) Z Z Z Z ettonicand 5) 5) 5) 5) electrical C devices,and () automotive, aerospace, missile, airframe,and similarproducts A A A A A A A A A A A A A A Ha,ardous (7) (7) (e) (e) (e) (e) (7) (7) (7) (7) (1 (1 (1 (1 substance land 2) 2) 2) 4) c uses (1 5) Offices A A A A A A A A P P P P P P incid ental and necessary to the conduct of a principally permitted use P P P P P P P Warehousing Z (1 (1 (1 (1 (1 Z and distribution 2) 6) 6) 6) 6) 6) 4) C C facilities (e (1) i) ](3) C C P P Rail-truck transfer uses �) �) e) 1) 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s rc rc rc rc rc rc rc rc rc rc rc i u U U u u U 2 Z U . . Outdoor storage P P A A A c P (including truck, A c heavy D equipment,and contractor storage yards as allowed by development standards,KCC 15 04.190 and 15 04 195 Miniwarehouses c P P c self storage gr Manufacturing c P of soaps c detergents,and (�) otherbasic cleaning and cleansing preparations Manufacturing c P of plastics and c synthetic resins (r) Manufacturing c P of synthetic and c natural fiber and (�) cloth Manufacturing c P of plywood c composition (�) wallboard,and similar structural wood products Manufacturing c P of nonmetallic mineral (�) products such as abrasives, asbestos,chalk, pumice,and Purdy Manufacturing c P of heat resisting o or structural (�) day products (beck,tile,or pipe)or porcelain products Manufacturing c P of machinery c and heavy (�) machine tool equipment for general industry and mining, agricultural, cc nstruction,or service 18 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s rc rc rc rc rc rc rc rc rc rc rc U u U 2 Z U 0 ,0 Industnes Manufacturing, v v v v processing, Z Z Z c assembling,and o) o) o) (1) 6) 6) packaging of 6) articles, M M() ()Z produet5,Or e) e) e) merchandise made from previously prepared natural or synthetic materials Manufacturing, v v v v processing, Z Z Z Z treating, o) o) o) 6) c assembling,and M (2 (2 M M (1) packaging of articles, products,or merchandise from previously prepared ferrous, nonferrous or alloyed metals Complexes v v which include a combination of uses,including a mixture of office,storage, and light manufacturing uses Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and Z L L L L (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (6) (6) (6) (6) pUdA gra2nrUmUr ]) 2) 2) 2) 2) O) O) O) O) O) L e5 customanly 2) appurtenant to a permitted use Impound lots C o (1) SECTION S. - Amendment. Section 15.04.050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: i. Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. ii. Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. ii. Rubber from natural, synthetic, or reclaimed materials. iii. Paving and roofing materials or other products from petroleum derivatives. C. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood, and other similar distillates. 20 Ordinance Amending KCC 15.02, 15.04 and 15.08 e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works, and similar heavy metal operations: i. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready- mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. f. Animal and food processing, including the following and similar operations: i. Tanning, dressing, and finishing of hides, skins, and furs. ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv. Rendering of animal grease or tallow, fish oil, and similar materials. V. Slaughtering, stockyard, feedlot, dairy, and similar operations. 21 Ordinance Amending KCC 15.02, 15.04 and 15.08 vi. Pickling and brine curing processes. vii. Wholesale produce markets. g. Salvage, wrecking, and disposal activities, including the following and similar operations: i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. iv. Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. h. Storage of the following kinds of goods: i. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. ii. Used building materials, mover's equipment, relocated buildings, impounded vehicles, and similar materials. iii. Explosives or fireworks, except where incidental to a principally permitted use. iv. Fertilizer or manure. 22 Ordinance Amending KCC 15.02, 15.04 and 15.08 2. [Reserved]. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000-square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000-square foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi- manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. 23 Ordinance Amending KCC 15.02, 15.04 and 15.08 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. Including transportation and transit terminals with repair and storage facilities, and rail-truck stienstransfer uses, except classification yards in the category of "hump yards." 12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 13. Conditional use permit required for trucking terminals and rail-truck transfer uses. 14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject 24 Ordinance Amending KCC 15.02, 15.04 and 15.08 to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 15. The following require a conditional use permit: a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16. Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. 17. Conditional use for car loading and distribution facilities, and rail- truck transfer scion uses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer °accuses. 19. Miniwarehouses; provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200. For purposes of this title, 11miniwarehouses" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or 25 Ordinance Amending KCC 15.02, 15.04 and 15.08 other storage area in a private residence. No occupant may use a miniwarehouse for residential purposes. a. Frontage use. The first 150 feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, or for the office or onsite manager's unit, signage, parking, and access. A maximum of 25 percent of the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed 75 feet in width. No storage units or structures shall be permitted within this 150 feet of commercial frontage depth. b. Lot size. Minimum lot size is one acre; maximum lot size is four acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: i. Front yard: 20 feet. ii. Side yard: 10 feet. iii. Rear yard: 10 feet. e. Height limitation. The height limitation is one story. f. Outdoorstorage. No outdoor storage is permitted. 26 Ordinance Amending KCC 15.02, 15.04 and 15.08 g. Signs. The sign requirements of Chapter 15.06 KCC shall apply. h. Off-street parking. i. The off-street parking requirements of Chapter 15.05 KCC shall apply. ii. Off-street parking may be located in required yards, except in areas required to be landscaped. i. Development plan review. Development plan approval is required as provided in KCC 15.09.010. j. Landscaping. Landscaping requirements are as follows: i. Front yard: 20 feet, type III (earth berms). ii. Side yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. iii. Rear yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The c—economic 27 Ordinance Amending KCC 15.02, 15.04 and 15.08 and community development department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. I. Drive aisles. Drive aisle width and parking requirements are as follows: i. 15-foot drive aisle and 10-foot parking aisle. ii. Parking for manager's quarters and visitor parking. M. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of five feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No incompatible building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: i. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. 28 Ordinance Amending KCC 15.02, 15.04 and 15.08 iii. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. iv. The establishment of a transfer and storage business. V. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals or explosive substances. P. Fencing. No razor wire is allowed on top of fences. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, snqe' gsmelting, refining, and forming). 21. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, Os shown On KGG must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; 29 Ordinance Amending KCC 15.02, 15.04 and 15.08 b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the plan nonc�—economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 30 Ordinance Amending KCC 15.02, 15.04 and 15.08 Gowe I...I I 1.0 If"It I,� 0 Ix v" Z,Z .....I.. z,T' j ... i 22. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants. 26. Excluding predominantly drop forge and drop hammer operations. 31 Ordinance Amending KCC 15.02, 15.04 and 15.08 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28. Excluding paint boiling processes. 29. Limited to 25 percent of gross floor area. Reference KCC 15.04.080(5). 30. Retail or services uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 31. Reuse or replacement of existing structures for non-agricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to non-agricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. 32. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 32 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 9. - Amendment. Section 15.04.060 of the Kent City Code is hereby amended as follows: Sec. 15.04.060. Transportation, public, and utilities land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses w rc rc rc rc rc rc rc rc rc rc rc x U U U U U U 2 Z U . . Commercial c c c c c paring lots or structures Transportation c c c c c c c c c c c c c c c c c c c c c c c c c c c v and transit fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr fr (n) fD facilities, including high (2 rapacity transit facilities Railway and c c c c c c c bus depots,taxi stands Utility and c c c c c c c c c c c c c c c c c c c c c c c c c c c transportation facilities. Electrical substations, pumping or regulating devices for the transmission of water,gas, steam, petroleum,etc. 33 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses 'lo _ Y w rc rc rc rc rc rc rc rc rc rc rc x U U U U M M U U U U 2 Z U 0 0 M M M U U U' M 2 2 Public facilities'. c c c c c c c c c c c c c c c c v c c c c c c c c c c Firehouses, police stations, libraries,and administrative offices of governmental agencies, primary and secondary schools, vocational schoo Is,and colleges Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and id to L1 L1 L1 L1 L1 structures customarily appurtenant to a permitted use Wireless v v v v v v v v v v v v v v v v telecommunicat (2) (2) (2) (2) (2) (2) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) ions facility (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (WiF)by administrative approval Wueless c c c c c c c c c c c c c c c c c c c c c c c c c tBlecommunl Cat (5) (5) (3) (3) (3) (3) (3) (3) (3) (3) (5) (5) (5) (3) (5) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Ions facility (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (WiF)by conditional use Permit A A A A A A A A A A A A A A A A A A A A A A A A A A A A EV charging (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) ( station 3 Rapid charging A A A A A A A A A A A A A A A A A A A A A A A A A A A station (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 o) o) o) o) o) o) o) o) o) o) o) o) o) SECTION 10. - Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065. Transportation, public, and utilities land use development conditions. 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. For WTF towers 90 feet or less for a single user and up to 120 feet for two or more users. 2. For WTF towers that are within the allowable building height for the district in which they are located. 3. All WTFs are subject to applicable portions of KCC 15.08.035. 4. A conditional use permit for a WTF is required if it is greater than 90 feet for a single user or 120 feet for two or more users. 5. A conditional use permit is required if the WTF exceeds the allowable building height of the district. 6. Transportation and transit terminal, including repair and storage facilities and rail-truck statmenstransfer uses, except classification yards in the category of"hump yards." 7. [Reserved]. 8. If on property owned, leased or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). 9. Level 1 and 2 charging only. 10. Only as part of a general conditional use identified in KCC 15.08.030. 11. High capacity transit facilities shall be consistent with Chapter 15.15 KCC. 35 Ordinance Amending KCC 15.02, 15.04 and 15.08 12. A conditional use permit is required for high capacity transit facilities that cross multiple zoning districts. No other transportation and transit facilities are allowed in the MHP zoning district. 13. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION 11. - Amendment. Section 15.04.070 of the Kent City Code is hereby amended as follows: Sec. 15.04.070. Wholesale and retail land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses Z Bakeries and v v v v v v confectioneries Wholesale v v bakery F F F F F F F Bulk retail (as (as (1) (1) Recycling C v centers Retail sales of v v v v In her,tools, and other building materials, including preassembled products Hardware,paint, v v v v v v v v v tile and (n 1 36 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s rc rc rc rc rc rc rc rc rc rc rc i u U U u 2 2 u U U U 2 Z U 0 0 2 2 2 U U U' 2 2 2 wallpaper(retail) Farts equipment P P General P P P P P P P P merchandise (11 Dry goods, vanety,and department stores(retail) Food and P P P P P P P P P s P s convenience (11 (12 (12) stores(retail) ) ) Automobile, P P P aircraft, motorcycle,boat, and recreational vehicles sales (retail) Automotive, P P P P P P P P P aircraft, (13 (13 (s) motorcycle,and ) ) (13) marine accessories (retail) Gasoline service s s s s s s s s s stations (G (G (G (G (G (G (G (G (G Apparel and P P P P P P P P A accessories (11 (8) (retail) Furniture,home P P P P P P P P P furnishing(retail) (11 Eating and P P P P P P P P P P P P P drinking (11 (5) establishments ) (no drive- through) Eating and s c P s P drinking (G (r) (G (20 establishments (20 (20 (20 ) (with drives ) ) ) through Eating facilities P P P A A A A for employees Planned development retail sales Drive- c P P P P P P through/drive-up (22 (20 (20 (24 (24 (20 (20 businesses ) ) ) ) ) ) ) (commercial/reta it—otherman eating/dunking establishments) Miscellaneous P P P P P P P P P A 11 (e) 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s rc rc rc rc rc rc rc rc rc rc rc i u U U u M M u IS IS U 2 Z U 0 0 M M M U U U' M 2 2 retail Drugs, ) antiques,books, sporting goods, jewelry,florist, photo supplies, video rental, computer supplies,etc P P P P P P P P P P Liquorstore (n Farm supplies, P P P hay,grain feed, fencing,etc. (retail) Nurseries, P P P P greenhouses, garden supplies, tools,etc Pet shops(retail P P P P and grooming) Computers and P P P P P P electronics (retail) Hotelsand P P P P P P P P motels (n (25 Complexes P P which include combinations of uses,including a mixture of office light manufacturing, storage,and commercial uses Outdoorstorage P P A A A A P (Including truck (19 (19 (19 (19 (19) (19 (19 heavy ) ) ) ) ) ) equipment,and contractor storage yards as allowed by development standards,KCC 15 04.190 and 15 04 195 Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and id to xg5 (9) j27 j27 j27 j27 (16 (16 (17 (17 (17 (17 (17 (16 (16 (16 structures L I I I I ) ) ) ) ) ) ) ) ) ) customanly I appurtenant to a permitted use Agriculturally related retail (21 Battery s s A A A A A s s s s s s A exchange station f23 f23 f23 f23 f23 f23 f23 f23 f23 f� f� (26) f23 f23 1 1 1 1 1 1 1 1 1 1 1 1 1 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 12. - Amendment. Section 15.04.080 of the Kent City Code is hereby amended as follows: Sec. 15.04.080. Wholesale and retail land use development conditions. 1. Bulk retail uses which provide goods for regional retail and wholesale markets; provided, that each use occupy no less than 43,560 square feet of gross floor area. 2. [Reserved]. 3. [Reserved]. 4. [Reserved]. 5. Uses shall be limited to 25 percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. For example, in the case of a business park with several buildings, 25 percent of the buildings' combined floor area may be devoted to these retail and services uses. For single building parcels, 25 percent of the floor area of the single building may be devoted to these retail and services uses. 39 Ordinance Amending KCC 15.02, 15.04 and 15.08 6. Special uses must conform to the development standards listed in KCC 15.08.020. 7. Drive-through restaurants, only if located in a building having at least two stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; 40 Ordinance Amending KCC 15.02, 15.04 and 15.08 b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the plan nonc�—economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. Ground Floor Retail/Service Area FIF r.mrq.sr. q.yL4f!111f ud. ...J ......• LJWL 17 TJ lug ff � d'II Min,I 1 L+ni RC I;LWSC i ViCCL 1.0W Rc, ILIi IT,I 41 Ordinance Amending KCC 15.02, 15.04 and 15.08 Gowe I...I I 1.0 If"It I,� 0 Ix v" Z,Z .....I.. z,T' J ... i 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment, except in the Ml-C zoning district where retail sales of tires, batteries, and accessories are allowed for industrial or personal vehicles and equipment. 14. [Reserved]. 15. [Reserved]. 16. Includes incidental storage facilities and loading/unloading areas. 42 Ordinance Amending KCC 15.02, 15.04 and 15.08 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. [Reserved]. 19. Reference KCC 15.07.040(B), outdoor storage landscaping. 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 21. Retail use must be for sale of agricultural or horticultural PFeclueesproducts, at least 25 percent of the gross sales value of which are grown within Washington State. Up to 50 percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand-made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(B) shall apply, except that subsection (13)(3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: 43 Ordinance Amending KCC 15.02, 15.04 and 15.08 a. The development must be within a strip-mall or shopping center. 25. The ground floor or street level must be retail or pedestrian-oriented following the Midway Design Guidelines. The main ground floor entry shall open to a public street with accessory retail uses accessible by pedestrians. 26. Bulk retail is permitted only when single-tenant building is over one acre in size. 27. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 13. - Amendment. Section 15.04.090 of the Kent City Code is hereby amended as follows: 44 Ordinance Amending KCC 15.02, 15.04 and 15.08 Sec. 15.04.090 Service land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F Q Q N N N N N £ £ £ £ £ £ £ Z U 0 0 £ £ £ U U 0 £ £ £ £ Finance, P P P P P P P P P P P P insurance real (22) (�) (2) estate services (12) Personal P P P P P P P P P P P P services: (22) (12) (io) (10) (D Laundry,dry (10) cleaning, barber salons, shoe repair, launderettes Mortuanes (Pi2) P P P Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P Care Daycare c c c c c c c P P P P P P P P P P P P P P P P P P P P P center Business P P P P P P P P P P services (12) (2) duplicating and blue printing,travel agencies,and employment agencies Building P P P P P P P maintenance (2) and pest control Outdoor P P A A A A P storage c (including (2) truck heavy equipment, and contractor storage yards as allowed by development standards, KCC 15 04.190 and 5 04 195) Rental and P P P P P P P leasing (2) services for cars,truck, trailers, furniture,and Cols Auto repair c P P P P P P and washing (21) services (23) (including body work) Repair P P P P P P P P P 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses s w rc rc rc rc rc rc rc rc rc rc rc x U U U U U U 2 Z U . . Se Nices: (12) (2) Watch,TV, ett ical, electronic, upholstery Professional P P P P P P P P P P P services (20) (2) Medical, tinics,and other health care elated services Heavy P P P c P equipment and (9) truck repair Contract P P P P P P P P ccnstr ction (16) (16) (17) (17) (2) service Offices (1r) Building cc nstruction plumbing, paving and landscaping Educational P P P P P P P P P services (2) Vocational, trade,an, music, dancing, barber and beauty Churches s s s s s s s s s s s s s s s s s s s s s s s (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Administrative P P P P P P c P P P P P and (12) (2) professional off Res— general Municipal uses P P P P P P P P P P P P P and buildings (1e) (1e) (1e) (1e) (1e) (1e) (1e) (1e) (1e) (1e) (2) (1e) )1a) Research, P c P P P P P P P development, (2) (14) and testing Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (7) 1� 1� 1� 1� (16) (ie) (19) (19) (19) (19) (19) (ie) (ie) (ie) B g (24) structures customarily appurtenant to a permitted use Boarding c c c kennels and breeding establishments 46 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses xa s w rc rc rc rc rc rc rc rc rc rc rc x U U U U U U 2 Z U 0 0 Veterinary c v v v v v clinics and (e) (e) (e) (e) (e) veterinary hospitals Administrative v v v v v or executive offices which are part of predominant industrial operation Offices A A A A A inad ental and necessary to the conduct of a principally permitted use SECTION 14. - Amendment. Section 15.04.100 of the Kent City Code is hereby amended as follows: Sec. 15.04.100. Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to 25 percent of the gross floor area of any single- or multi-building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 3. [Reserved]. 4. Special uses must conform to the development standards listed in KCC 15.08.020. 5. [Reserved]. 6. [Reserved]. 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than 150 feet to any residential use, provided the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 9. Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services. 11. [Reserved]. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be 48 Ordinance Amending KCC 15.02, 15.04 and 15.08 pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the plan nonc�—economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 49 Ordinance Amending KCC 15.02, 15.04 and 15.08 Grmricl Floor Retail/Service Ami •. SLLp] STD a�.;.:xnsox= I{ x•exae •i . ac a = ur n� :.� =t Gowe "w w h 4� M 4 h y M M C U M'.Aflh , ti (M NJpo liuOoo No fa h'm W�a u'f u m N IW u ° 13. Except for such uses and buildings subject to KCC 15.04.150. 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 14. Conducted in conjunction with a principally permitted use. 15. [Reserved]. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, and washing services are permitted only under the following conditions: a. The property is also used for heavy equipment repair and/or truck repair; and b. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning district. 51 Ordinance Amending KCC 15.02, 15.04 and 15.08 22. Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 23. Auto repair, including body work, and auto washing services shall be allowed in the general industrial (M3) zoning district as follows: a. For adaptive reuse of existing site structures, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the finished floor is generally level with the floor of freight containers; and iii. All ground-level bay doors of existing structures have a height of less than 14 feet, which would generally impede full access to freight containers; and iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than 20 feet; and V. Maximum building area per parcel is not greater than 40,000 square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently served by a rail spur; and 52 Ordinance Amending KCC 15.02, 15.04 and 15.08 ii. Based on parcels existing at the time of the effective date of the ordinance codified in this section, the maximum parcel size is no greater than 40,000 square feet. 24. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION 15. - Amendment. Section 15.04.110 of the Kent City Code is hereby amended as follows: Sec. 15.04.110. Cultural, entertainment, and recreation land uses. Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses xa O F F U' £ 2 2 Z U 0 0 2 2 2 U U U' M M M Performing and cultural P P P P P P P P arts uses,such as art (3) galleries/studios Historic and monument P P sites Public assembly(indoor) P P c c P P P P P Sports facilities,arenas, (2) (2) (2) auditoriums and exhibition halls,bowling alleys,dart-playing facilities,skating rinks, community clubs,athletic dubs,recreation centers, theaters(excluding school facilities) Public assembly c P P (outdoor).Fairgrounds and amusement parks, tennis courts,athletic fields,miniature golf, go-cart tracks,drive-in theaters,etc Open space use c c c c c c c c c c c c c c c P P c c c c P P c c c c Cemeteries,pads (D (D (9) (9) (9) O) O) playgrounds,golf c c c c 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Distncts Key P=Principally Permitted Uses S=Special Uses C=Conditional Uses A=Accessory Uses O F F U' £ 2 2 Z U 0 0 2 2 2 U U U' 2 2 2 JA courses,and other recreation facilities, including buildings or structures associated therewith Employee recreation A A A areas Private dubs,fraternal c c c c c c c c c c c c c c c c c v c v c c v c c c c lodges,etc (5) (5) (5) Recreational vehicle c parks Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A th-WoUgh sfructures (10) (10) (10) (10) (10) customarily appurtenant to a permitted use Recreational buildings in A MHP SECTION 16. - Amendment. Section 15.04.120 of the Kent City Code is hereby amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreation land use development conditions. 1. [Reserved]. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, {as 54 Ordinance Amending KCC 15.02, 15.04 and 15.08 shown On KGG must be retail or pedestrian-oriented. Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; C. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the plan nonc�—economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Use interpretations. 55 Ordinance Amending KCC 15.02, 15.04 and 15.08 Gowe I...I I 1.0 If"It I,� 0 Ix v" Z,Z .....I.. z,T' j ... i 4. [Reserved]. 5. Business, civic, social, and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. [Reserved]. 9. Conditionally permitted uses are limited to parks and playgrounds. 56 Ordinance Amending KCC 15.02, 15.04 and 15.08 10. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 17. - Amendment. Section 15.04.130 of the Kent City Code is hereby amended as follows: Sec. 15.04.130. Resource land uses. Zoning Districts Key P= Principally Permitted Use S=Special Uses C=Conditional Uses A=Accessory Uses Ui N p U F U O U F U C 'i y y y y y C C C C C C 2 U U U g g U N M Q Q M M M M M F F F F F F 2 z 0 0 0 Y Y Y U U U' Y Y Y Y Agricultral uses such as P P P planting and harvesting of crops, animal husbandry (including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P Storage, processing, and P conversion of agricultural products (not including slaughtering or meat packing) Accessory uses and A A A A A AAAAAAAAAAAAAAAAAAAA A A A buildiuse etrudures (r) L42 L42 L41 L41 customarily appurtenant to L4J a permitted use Roadside stands A A A (3) (2) (3) SECTION 18. - Amendment. Section 15.04.140 of the Kent City Code is hereby amended as follows: Sec. 15.04.140. Resource land use development conditions. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 2. Roadside stand not exceeding 400 square feet in floor area exclusively for agricultural products grown on the premises. 3. Roadside stands not exceeding 400 square feet in floor area, and not over 20 lineal feet on any side, primarily for sale of agricultural products on the premises. 4. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subiect to the provisions of KCC 15.08.160. SECTION 19. - Amendment. Section 15.08.160 of the Kent City Code is hereby amended as follows: Sec. 15.08.160. Accessory buildings. A. An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear one-half "(1/2) of a lot the accessory building can be built to within two f2}feet of the side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building. If other regulations or ordinances conflict with the provisions in this subsection (A), the stricter regulations shall apply. aFea wheFe n90t0F vehicles used by the tenants of the buildings on the 58 Ordinance Amending KCC 15.02, 15.04 and 15.08 B. Guestheuse accessory buildings shall be located on the FeaF hal the building—site—. There shall be not more than one (fie—quest cottage or accessory dwelling unit on any one lot The quest cottage or ADU shall be located on the rear half of the lot, unless determined to be infeasible due to lot shape, house placement, or other factors as approved by the planEfteconomic and community development director. , thiFty (30) peFeent of the aFea of the FeaF yaFd on which it is built. Nee kotchen OF cooking facilities shall be peffigitted On any guesthouse. Accessory dwelling units are also subiect to the provisions of KCC 15.08.350. C. The combined footprint of all accessory buildings on a lot shall not exceed 15 percent of the lot area. D. Accessory buildings shall not exceed 23 feet in height. E. Accessory buildings shall not exceed the height of the principal building. F. Accessory buildings that are 12 feet in height or higher must be visually compatible with the principal building by meeting all of the followina: 1. The exterior finish material must be the same or visually match the exterior finish material of the principal building, in type, size and placement; 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 2. The trim on the accessory building must be the same or visually match the trim used on the principal building, in type, size and placement; and 3. The roof pitch of the accessory building must be substantially the same as the roof pitch of the principal building. SECTION 20. - Amendment. Section 15.08.350 of the Kent City Code is hereby amended as follows: Sec. 15.08.350. Accessory dwelling unit regulations. A. Intent. The city provides these accessory dwelling unit regulations for the following purposes: 1. The 1993 Washington Housing Policy Act requires cities with populations in excess of 20,000 to implement regulations that encourage the development of accessory apartments in areas zoned for single-family residential use. 2. To increase the supply of affordable rental units through better use of the existing housing stock, and to provide variety in affordable rental units. nguch of whit" is undeF utilized "....-.use the "a" households, and because these aFe nq0Fe one '1) and two (2) persen eldeFly households. 60 Ordinance Amending KCC 15.02, 15.04 and 15.08 3.2. To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory awe-ntdwelling unit. -34. To provide more options for different household types (single people, older people, people with disabilities and others). T. m I,. ,} ...,..,. companionship, i as a S. To inCFease the OPPOFtunity fOF disabled peFSens to love ndependently because acceSSOFY units can PFOVide theng with both PFivaey and the PFOXingity to needed SUPPOFt. 6. TO Feduee the iselatienof households that is a resu't of inereased affluence On housing, and/OF9 lengerl;fespans and—Periods of fFailtyi and/OF subUFban 'and use patteffis that iselate people who cannot dFive. 5-7. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria. 1. One-+l) ADU per detached single-family dwelling unit is allowed OUt Fight within all residential zones and single 61 Ordinance Amending KCC 15.02, 15.04 and 15.08 fangily dwellings within the There shall be not more than one guest cottage or ADU on any one lot. 2. An ADU may be established lrrwithin or as an addition to a new or existing single-family dwelling by CFeating the unit within addition to the `welling or as a detached unit from the principal dwelling. All ADUs not established within or as an addition to the principal dwelling shall be deemed "detached," regardless of whether they are attached to any accessory structure or building on the lot. Detached ADUs are subiect to the provisions of KCC 15.08.160. 3. The ADU, as well as the amain-- ncipal dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements. 4. The design and size of an ADU shall conform to a+ applicable stares the requirements of all building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section, the building official may grant modifications for individual cases pursuant to the International Building Code, the International Residential Code, or other applicable building codes, and as subsequently amended or recodified. 5. One—(-1) of the dwelling units shall be ew neFowner-occupied as the owner'fs) principal residence for at least sixes6) months aevery calendar year. No permit for an ADU will be issued until the owner files a covenant evidencing this use limitation against the property_; tThis covenant must also be recorded in the FeCOFds of the King County AuditeF. 62 Ordinance Amending KCC 15.02, 15.04 and 15.08 This coven Recorder's Office, at the owner's expense, and shall be in a form acceptable to the city attorney. 6. If botheither the ADU or the principal unit ceases to be owner eeeupfedowner occupied for n90Fe thereat least six {§}months in any given calendar year, the ADU permit shall be deemed revoked and use of the unit as an ADU must cease immediately. 7. The size of an ADU contained within or attached to an existing single-family StFUCtUFe dwelling shall be limited by the existing StFuetuFefs dwelling's applicable zoning requirements. An ADU incorporated i9-into the construction of a new single-family heuse-dwelling shall be limited to ferry �40j percent of the principal dwelling unit. 8. The size of a detached ADU, for either new construction or an existing home, shall be up to wed (800j square feet or thtFty- thFee f33j percent of the size of the principal unit, whichever is smaller. If the detached ADU is built within, above, or in addition to another accessory structure, the footprint of the accessory structure is not counted towards the footprint of the ADU. 9. A legal guest cottage, as defined by KCC 15.02.174, existing prior to November 21st, 1995, shall not be denied an accessory housing permit solely because it is larger than the maximum size stated in th+s these criteria. Any legally constructed accessory building, existing prior to November 21st, 1995, may be converted to an accessory dwelling unit provided the structure does not exceed ffty-(50) percent of the size of the principal unit. 63 Ordinance Amending KCC 15.02, 15.04 and 15.08 108. The owner or developer shall take every effort to avoid additional entrances or other visible changes on the street facade of the house which indicates the presence of an ADU. 119. A permit application must be completed and approved for all ADUs. The Plan nonEt--economic and community development department shall determine the application requirements for an ADU permit. 128. ADUs existing prior to the adoption of the accesseF heusftthis ordinance may be found to be legal on the condition that the property owner applies for an ADU permit and complies with all required standards and provisions. pProperty owners subject to this subsection have &-one {l}year peFi0d from the effective date of this the acceSSOFy housing ordinance is adopted On which to apply for an ADU permit, after which time such affected property owners eaR--may-be subject to fines and penalties established in this title. 13-1. Adjaee+=tt-Immediately adjacent neighbors of an ADU applicant shall be notified by first-class mail of the pending ADU zening permit application by the economic and community development department within 15 business days of the city's acceptance of a fully complete ADU permit application. This notification is informational only. The decision by the planningeconomic and community development director depaFtngent to grant an ADU zening permit is non appealable by the neighbors of the permit holder. SECTION 21. - 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. 64 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 22. - 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 23. — Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. 65 Ordinance Amending KCC 15.02, 15.04 and 15.08 APPROVED: day of 12015. PUBLISHED: day of , 2015. 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) RONALD F. MOORE, CITY CLERK P'.\CINnOrdlnence\P end 15 0215 04 and 15 06 FNHL.doc: 66 Ordinance Amending KCC 15.02, 15.04 and 15.08 i \, K EN"�' Agenda Item: Consent Calendar — 7K TO: City Council DATE: November 17, 2015 SUBJECT: Meeker Street Design Guidelines Ordinance - Adopt MOTION: Adopt Ordinance No. , amending Kent City Code to extend Downtown Design Guidelines and multifamily design review to zoning districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road, including designating Meeker Street in this area as a Class B Pedestrian Street for the purposes of applying the Downtown Design Guidelines. SUMMARY: Place-making and Gateways are key strategies in Kent's Economic Development and Comprehensive Plans. Components of these strategies include beautifying streetscapes, strengthening sense of place and encouraging quality development. Meeker Street is a key corridor and gateway to Kent. The corridor is the subject of a project informally entitled "Meet Me on Meeker," which is an effort to beautify and rebuild this key commercial corridor, making it a place where people want to be. The Downtown Design Guidelines promote downtown as a livable, vibrant, pedestrian- friendly mixed-use community that complements transit with office, commercial and residential uses clustered in the urban center. The Downtown Design Guidelines extend to 64th Avenue South along Meeker Street, which is classified a Class A Pedestrian Street to that point. Because Meeker Street is a key gateway corridor to Downtown, yet currently more auto-oriented west of 64th Avenue South, it is appropriate as an interim measure to designate the remainder of Meeker Street to Kent-Des Moines Road as a Class B Pedestrian Street, providing additional flexibility in site development. In order to protect the public's interest in quality development along the Meeker Corridor and as an interim measure before conclusion of the Meet Me on Meeker project, the proposed ordinance expands the Downtown Design Guidelines from 64th Avenue South to Kent-Des Moines Road along Meeker Street. Projects within the corridor will be subject to the Downtown, Multifamily and Mixed Use Design Guidelines. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee YEA: Berrios, Boyce, Higgins NAY: BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 15.04.195, 15.04.200 and 15.09.046 of the Kent City Code, related to design standards for the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. (ZCA-2015-5). RECITALS A. On June 17, 2014, the City Council passed Ordinance No. 4116, amending Section 15.09.046 of the Kent City code, pertaining to downtown design review, and adopting the Kent Downtown Design Guidelines, to serve as a way to shape development downtown to be more welcoming and pedestrian-friendly. B. On August 19, 2014, through Resolution No. 1896, the City Council adopted the 2015-2020 Economic Development Strategic Plan for the City of Kent ("Plan"). The Plan includes key strategies for place-making and gateways, including beautifying streetscapes and strengthening sense of place to help encourage quality development. C. Meeker Street is a key corridor and gateway to Kent with acres of redevelopable land including 40 acres owned by the City, making it a unique opportunity to implement the economic development goals of 1 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines the Plan and shape perceptions of Kent as travelers enter the City from Kent-Des Moines Road. D. In 2015, City staff began an interdepartmental effort to redevelop Meeker Street, calling the project "Meet Me on Meeker." Staff conducted outreach to businesses, agencies and residents along Meeker Street and engaged consultants in a workshop designed to create a vision for Meeker Street. This vision will be used going forward to guide the project. E. In order to protect the public's interest in quality development along Meeker Street and as an interim measure before implementation of the vision for Meet Me on Meeker, staff proposed to expand the downtown design guidelines to include the area along Meeker Street from 64th Avenue South to Kent-Des Moines Road. After holding a public hearing on October 26, 2015, the Land Use and Planning Board ("LUPB") recommended approval of the staff proposal. F. On October 15, 2015, the City's State Environmental Policy Act (SEPA) responsible official issued an Addendum to the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action Environmental Impact Statement (EIS) (#ENV-2010-3) and to the City of Kent Downtown Subarea Action Plan Planned Action Supplemental Environmental Impact Statement (SEIS) (#ENV-2012-30) (the "SEPA Addendum"). The SEPA Addendum concluded there were no new significant adverse environmental impacts associated with adoption of proposed amendments to the Kent City Code that would extend multifamily, mixed use and downtown design guidelines to zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road, and would designate that portion of Meeker Street a Class B Pedestrian Street for purposes of applying downtown design guidelines. 2 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines G. On November 2, 2015, the State Department of Commerce confirmed that the City had met the Growth Management Act notification requirements contained in RCW 36.70A.106 for the proposed amendments. H. The Economic and Community Development Committee considered the proposed amendments and the LUPB's recommendation on November 9, 2015, and recommended to the full City Council adoption of the proposed code amendments. I. At its regularly scheduled meeting on November 17, 2015, the City Council voted to adopt the proposed amendments to the Kent City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 15.04.195 of the Kent City Code, entitled "Commercial and industrial land use zone development standard conditions," is amended as follows: Sec. 15.04.195. Commercial and industrial land use zone development standard conditions. 1. Minimum lot of record or 5,000 square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a 20-foot setback may be required for any yard abutting a residential district. See the downtown design review criteria outlined in KCC 15.09.046. 4. [Reserved]. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 20 feet. b. Properties fronting on local access streets shall have a minimum setback of 20 feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 7. The front yard shall be 10 percent of the lot depth. Regardless of lot size, the yard depth need not be more than 35 feet. 4 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 8. No side or rear yard is required, except when abutting a district other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, then the yard shall be 10 feet in width and fully landscaped. 9. No side yard is required, except when abutting a more restrictive district, in which case the side yard shall be not less than 20 feet in width. 10. No side yard is required, except when abutting a residential district, in which case the side yard shall be not less than 20 feet in width. 11. [Reserved]. 12. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 40 feet. There shall be a minimum of 15 feet on each side. 13. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side. 14. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 25 feet. There shall be a minimum of 10 feet on each side. 15. [Reserved]. 16. [Reserved]. 5 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 18. The side yard on the flanking street of a corner lot shall be at least 10 percent of the lot width, unless the 10 percent figure would result in a side yard of greater than 20 feet, in which case the side yard need not be more than 20 feet. 19. No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. [Reserved]. 23. Transitional conditions shall exist when an industrial park M1 or M1- C district and AG district adjoin a residential district containing a density of two dwelling units or more per acre or a proposed residential area 6 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 26. [Reserved]. 7 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 27. [Reserved]. 28. [Reserved]. 29. Development in the M1 or M1-C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of 200 feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 30. The planningeconomic and community development director shall be authorized to grant one additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise — transitional overlay (DCE-T), where the height limit is 35 feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. [Reserved]. 34. [Reserved]. 8 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 35. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The plannfteconomic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 36. Design review for mixed use development is required as provided in KCC 15.09.045(F). In addition to KCC 15.09.045(F), the multifamily and downtown design guidelines of KCC 15.09.045(D) and KCC 15.09.046 shall apply for all uses in the GC, GC-MU and CC-MU districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. 37. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each two feet of additional building height. The planningeconomic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the land use and planning board. 38. [Reserved]. 39. Outdoor storage areas are prohibited. 9 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. [Reserved]. 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of 15 feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or 10 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 20 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than 40 feet at any point along the facade, additional landscaping 11 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines shall be required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least 10 feet in height and deciduous trees shall be a minimum of two-inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions are imposed pursuant to the approval of a conditional use permit. The planngeconomic and community development director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The planningeconomic and community development director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 12 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 58. Those areas not required to be landscaped may be used for off- street parking. 59. [Reserved]. 60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the M1-C zone shall be as specified in KCC 15.06.050(H). 61. [Reserved]. 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 13 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise — transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation of new construction in MTC-1 zoning district abutting a residential district shall be 35 feet in height within 20 feet from the residential district and 45 feet in height within 40 feet from the residential district. 70. New construction shall conform to applicable Federal Aviation Administration regulations, including 14 C.F.R. Part 77, as presently constituted or as may be subsequently amended. 71. The transit-oriented community design review requirements of KCC 15.09.045 shall apply. 72. Design review for multifamily development is required as provided in KCC 15.09.045(D). SECTION 2, — Amendment. Section 15.04.200 of the Kent City Code, entitled "Mixed use overlay development standards," is amended as follows: 14 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines Sec. 15.04.200. Mixed use overlay development standards. Overlay Districts GC-MU CC-MU Floor area ratio Not applicable 0.40 for commercial uses. 0.50 for commercial uses combined with residential uses; provided, that commercial floor area may be increased by one square foot for each square foot of residential floor area provided up to a maximum commercial FAR of 0.5. 1.0 for residential uses; provided, that residential FAR may be increased by 0.5 if parking is provided below grade, up to a maximum of 1.5. Site coverage F494y40 percent for Fe"40 percent for commercial commercial uses. uses. SlxtyH percent for SlxtyH percent for commercial commercial uses with uses with residential uses; residential uses; provided, provided, that 25 percent of the that five percent of the gross gross floor area is residential floor area is commercial use, use. except within the downtown area (as defined in KCC 15.09.046), where 25 percent of the gross floor area must be commercial use. Height S' e65 feet T•^ oty-fl*eZ5 feet; provided, that basic heights may be increased up to the maximum height of 40 feet. (1) Front yard Zero feet; provided, that Zero feet; provided, that some some setback may be setback may be required in the required in the front yard to front yard to accommodate a accommodate a sidewalk sidewalk which shall be at least which shall be at least 10 feet 10 feet in width. in width. 15 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines Overlay Districts GC-MU CC-MU Rear and side Zero feet; provided, that Zero feet; provided, that yard setbacks of at least 20 feet setbacks of at least 20 feet will will be required in any rear or be required in any rear or side side yards that are adjacent yards that are adjacent to a to a residential zoning residential zoning district. district. Off-street parking The off-street parking Retail/office uses: four spaces requirements of Chapter per 1,000 square feet of floor 15.05 KCC shall apply. area. (2) Residential uses (3) Design review Design review requirements Design review requirements of of KCC 15.09.045(D) and (F) KCC 15.09.045(F) shall apply,. and 15.09.046 shall apply, including application of the including application of the multifamily, mixed use and multifamily, mixed use and downtown design guidelines of downtown design guidelines KCC 15.09.045(D), KCC of KCC 15.09.045(D), KCC 15.09.045(F) and KCC 15.09.045(F) and KCC 15.09.046 for all uses in the CC- 15.09.046 for all uses in the MU overlay district along the GC-MU overlay district along Meeker Street Corridor from the Meeker Street Corridor 64th Avenue South to Kent-Des from 64th Avenue South to Moines Road. Kent-Des Moines Road. SECTION 3, — Amendment. Section 15.09.046 of the Kent City Code, entitled "Downtown design review," is amended as follows: Sec. 15.09.046. Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown subarea action plan and its policies or parts thereof. The downtown design guidelines, as set forth in subsection (D) of this section, apply to all 16 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines development located within the downtown area, as shown on the map following this section. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines. These guidelines have been formulated to ensure that the design, siting, and construction of development will provide a quality pedestrian-oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and the zoning code of the city. 2. The adoption of the downtown design guidelines is an element of the city's regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the city's planning seFviees ef#+eeeconomic and community development department pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the economic and community development director der may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. All development within the downtown area, or within the GC, GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road, which roadway section is hereby classified a Class B Pedestrian Street, shall be subject to the provisions of this section. 17 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 4. The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE, DCE-T, GC-MU, CC-MU, MR-M and MRT-16 zoning districts that are also within the downtown area or along the Meeker Street Corridor between 64th Avenue South and Kent- Des Moines Road shall be subject to this section in addition to the provisions of KCC 15.09.045, except as provided in KCC 15.09.045(E). In cases where a conflict arises between the requirements of the two f2j sections, the provisions of this section shall prevail. B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by planning esthe economic and community development department. Upon receipt of an application for design review, the planning n9an conomic and community development director shall circulate the application to the appropriate city departments and offices for review. Prior to issuing a final decision, the director shall review any comments submitted for consideration. In the administration of this process, planning seFViCesthe department may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines. C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review as described in the Kent downtown design guidelines. The committee shall be comprised of three {3)—members, who shall be appointed by the economic and community development director under the authority delegated 18 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines pursuant to RCW Title 35A. The members shall serve at the pleasure of the director. The planning n9anagefdirector shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Downtown design guidelines — Adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning of applications under the downtown design review process. The downtown design guidelines, entitled "Kent Downtown Design Guidelines," are hereby adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and planning esthe economic and community development department. E. Appeals. The decision of the downtown administrative design review committee to approve, approve with conditions, or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within °OU (14) calendar days of either the issuance of the committee's approval or rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the King County superior court, within twenty—o e-(21) calendar days of the date of the issuance of the decision, pursuant to Chapter 36.70C RCW. 19 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines 1 17IN ry�j r� i r/I,y �l y,,,, .-- .. kr, /i i //� + Y i 1/ rvi 11 �i//� /ii� '%// ,/ I �� I 1— 'IG /l . /// JfJl/ec. d�R gf �d� 011i/vr�, 1 17 1 "4fl ti � /� � f 7 '� � ,,{✓ , ��, '. / pie �"" wg�ev �, //% Jim // � �, ��. i{ � I i�Jll u 7 ' .✓a 1 ����//% 1�/ 1-4 ti / Y l�R��� �*�� i�"l �. L rLEM % d 1a�'I'� Yralll' day �l fll '�I�ti/rN� �r� �P 'IU]j PL-21J tfilfr� j 1 it /�'da�/ �h i ( ii ] -f✓�iI + f ilk Ij (Cent Downtown Area SECTION 4, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5, — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6, — Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. 20 Amend KCC 15.04 and 15.09 - Re. Meeker Street Design Guidelines SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 12015. PUBLISHED: day of 12015. 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) RONALD F. MOORE, CITY CLERK p:\civi I\ordinance\15 04 15 09 meeker street design guidelinesrinal.docx 21 Amend KCC 15.04 and 15.09 - Re: Meeker Street Design Guidelines This page intentionally left blank. i \, K EN"�' Agenda Item: Other Business — 8A TO: City Council DATE: November 17, 2015 SUBJECT: Ordinance Banning Fireworks - Adopt MOTION: Adopt Ordinance No. , prohibiting the sale, possession, and discharge of fireworks, and allowing public displays of fireworks as well as the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. SUMMARY: Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the City would be best served by placing before the voters an advisory proposition asking voters whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. Advisory Proposition 1 appeared on the November 3, 2015 ballot, and asked the following question of the voters: Whether the sale, possession, and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. At the November 3, 2015, election, a majority of voters answered the question set forth in Advisory Proposition 1 in the affirmative. In light of the recommendation of the voters, Chair Berrios asked the Law Department to prepare an ordinance for council consideration that repeals the City's existing fireworks regulations, and enacts a new ordinance that will prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of firework in theatrical presentations conditioned upon a permit issued by the City. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Berrios, Boyce NAY: Thomas BUDGET IMPACTS: None This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, prohibiting the sale, possession, and discharge of consumer fireworks, while allowing public displays of fireworks and the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. RECITALS A. Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the city would be best served by placing before voters an advisory proposition asking whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. B. Advisory Proposition 1 appeared on the November 3, 2015, ballot, and asked the following question of the voters: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. C. As of November 10, 2015, a majority of voters have answered the question set forth in Advisory Proposition 1 in the affirmative. D. In light of voter recommendation, the council repeals the city's existing fireworks regulations, and enacts an ordinance that will 1 Repeal and Reenact Ch. 13.05 KCC Fireworks prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of fireworks in theatrical presentations conditioned upon a permit issued by the city. E. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Repeal Chapter 13.05. Chapter 13.05 of the Kent City Code, entitled "Fireworks," is repealed in its entirety. SECTION 2. — Enact New Chapter 13.05. The Kent City Code is amended to add a new Chapter 13.05 of the Kent City Code, entitled "Fireworks," as follows: CHAPTER 13.05 FIREWORKS Sec. 13.05.010. Intent. At the November 3, 2015, election, the Kent City Council certified Advisory Proposition 1 to the voters. Advisory Proposition 1 asked the following question: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. At the November 3, 2015, election, a majority of voters answered the above question in the affirmative. The city council, having determined that the prohibition of the sale, possession, and discharge of consumer 2 Repeal and Reenact Ch. 13.05 KCC Fireworks fireworks is requested by the voters and is in the interests of the public health, safety, and welfare, establishes this ordinance to prohibit the sale, possession, and discharge of consumer fireworks, to establish the circumstances in which public displays of fireworks and fireworks used in theatrical presentations are permitted, and to establish the penalty for a violation of the ordinance. Sec. 13.05.020. Definitions — References to Revised Code of Washington. A. The words and phrases used in this chapter shall be given the definitions contained in Chapter 70.77 of the Revised Code of Washington ("RCW") as now enacted or hereafter amended or recodified. B. Any reference to a section of the RCW or the Washington Administrative Code ("WAC") in this chapter shall refer to the chapter or section referenced and any amendment or recodification thereof. Sec. 13.05.030. Prohibited acts—Exceptions. A. Except as permitted in this chapter, the sale, possession, and discharge of fireworks of any kind within the city is prohibited. B. Notwithstanding the prohibition set forth in subsection A, the following shall be permitted in the city of Kent: 1. The public display of fireworks authorized by permit issued by the city; 2. The use of articles pyrotechnic and special effects, as defined by RCW 70.77.138 and RCW 70.77.146, when used in accordance with RCW 70.77.535 and when authorized by permit issued by the city; 3. The use by law enforcement or emergency response agencies of devices that may fall within the definition of firework, when such devices are used in furtherance of law enforcement or emergency response operations or training; 3 Repeal and Reenact Ch. 13.05 KCC Fireworks 4. The transportation of consumer fireworks through the city as part of interstate commerce; 5. The use of flares to warn motor vehicles of road hazards; or the use of torpedoes, flares, or fuses by railroads or other government transportation agencies for signal purposes as provided in RCW 70.77.530; 6. The use of agricultural and wildlife fireworks as defined by RCW 70.77.141 when used in accordance with RCW 70.77.311; 7. The possession, storage, or transportation of fireworks that is incidental to the permitted uses in this subsection. Sec. 13.05.040. Permits. A. The city council designates the city's fire marshal or the fire marshal's designee as the fire official authorized to review permits required by this chapter or Chapter 70.77 RCW. B. Except as required elsewhere in this chapter, the procedures, requirements, and conditions set forth in Chapter 70.77 RCW and Chapter 212-17 WAC, which are applicable to the submittal, consideration, or granting of permits filed with a city shall apply to the filing, review, and issuance of any permit required by this chapter. C. In reviewing an application for a permit, the fire official may consider relevant provisions in the fire codes, building codes, and health and sanitation codes adopted by the city in determining whether the discharge, possession, or storage of fireworks is performed in a safe manner or presents a risk to public health, safety, or welfare. D. A permit shall be obtained from the city fire official to: 1. Conduct an indoor or outdoor public display of fireworks of any kind; 2. Discharge special effects or articles pyrotechnic as defined in RCW 70.77.146 and RCW 70.77.138; or 4 Repeal and Reenact Ch. 13.05 KCC Fireworks 3. Engage in any other activity that is not prohibited by this chapter but for which a city permit is required by Chapter 70.77 RCW or Chapter 212-17 WAC. E. As a condition of the issuance of any permit, the fire official retains the authority to revoke a permit at any time due to safety concerns. F. The fee for any permit issued in accordance with this chapter shall be established by city council resolution. Sec. 13.05.050. Public display of fireworks — When permitted. A. A public display of fireworks may only be issued for the following events: 1. The city sanctioned July 4 celebration; 2. The city sanctioned annual tree lighting ceremony; 3. Events held at the Kent ShoWare Center, as that facility is currently named or as may be referred to by some other name in the future; 4. A high school or post-secondary education event; provided, the event is officially sanctioned by the governing body of the high school or post-secondary educational institution; 5. For wedding ceremonies; or 6. For cultural events. B. The issuance of a permit for a public display of fireworks for any other time or purpose is not permitted unless approved by the city council following consideration of the review, investigation, and recommendation of the fire official and subject to a public display permit issued by the fire official. 5 Repeal and Reenact Ch. 13.05 KCC Fireworks Sec.13.05.060. Violations and penalties. A. It shall be a gross misdemeanor, punishable by imprisonment not to exceed one (1) year, or by a fine not to exceed five thousand dollars ($5,000), or by both such confinement and fine, for any person to: 1. Conduct an indoor or outdoor public display of fireworks without a properly issued city permit or in violation of a properly issued city permit; 2. Discharge special effects or articles pyrotechnic without a properly issued city permit or in violation of a properly issued city permit; 3. Make any misrepresentation of fact, or knowingly permit any misrepresentation of fact, on any application for a city permit required pursuant to this chapter; 4. Possess or store in excess of 20 pounds of fireworks, except when such possession or storage is incidental to a properly issued city permit; or 5. Discharge or use fireworks in a reckless manner. "Reckless manner' exists when the use or discharge creates a substantial risk of death or serious physical injury to any person or damage to any property. B. Any person violating any provision of this chapter not set forth in subsection A of this section shall be deemed to have committed a class 1 civil infraction as set forth in RCW 7.80.120. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court. C. For the purposes of this section, the term "person" shall be defined as it is in RCW 9A.04.110 as now enacted or hereafter amended or recodified. D. When a corporation, joint stock association, or unincorporated association is deemed guilty of a gross misdemeanor under subsection A of 6 Repeal and Reenact Ch. 13.05 KCC Fireworks this section, the corporation shall, in lieu of jail, be punished by a fine of $5,000 plus any applicable costs and assessments. E. Restitution shall be considered, and when appropriate, assessed against any person, corporation, joint stock association, or unincorporated association deemed guilty of an offense set forth in subsection A of this section. Sec. 13.05.070. Seizure of fireworks. A. Fireworks that are sold, possessed, or discharged in violation of this chapter are subject to seizure and forfeiture, and no property right shall exist in them. B. Fireworks may be seized by the city by process issued by municipal or superior court. A law enforcement officer may seize, without process, fireworks that the officer has probable cause to believe were sold, possessed, or discharged in violation of this chapter, or fireworks that were seized incident to a lawful arrest. C. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The city shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule, including without limitation service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15 day period following the seizure. D. If no person notifies the city in writing of the person's claim of ownership or right to possession of the items specified in subsection (A) of 7 Repeal and Reenact Ch. 13.05 KCC Fireworks this section within 30 days of the seizure, the item seized shall be deemed forfeited. E. If a person notifies the city in writing of the person's claim of ownership or right to possession of the seized property within 30 days of the seizure, the city shall give the person a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the city fire official and shall occur within 90 days of the city's receipt of written notice of the claim of right. Property deemed forfeited may be destroyed or otherwise disposed of after 15 days from the issuance of the determination of forfeiture, unless the city receives written notice of an appeal to superior court. The city shall promptly return the property to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession of the property. F. In lieu of the above process, the person from whom the fireworks were seized may waive his or her claim to any right in the fireworks, and upon such waiver, the city shall deem the fireworks forfeited. G. In the event fireworks in the presence of an officer are not claimed by any person then present, the fireworks will be deemed abandoned property, and the officer may seize them. Abandoned fireworks may be summarily destroyed or otherwise disposed of, and the process set forth in this section shall not apply. SECTION 3, — Savings. The existing Chapter 13.05 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4, — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal 8 Repeal and Reenact Ch. 13.05 KCC Fireworks laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5, — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6, — Effective Date. This ordinance shall take effect and be in force one year from and after its adoption as provided by RCW 70.77.250. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 9 Repeal and Reenact Ch. 13.05 KCC Fireworks PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of 2015. 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) RONALD F. MOORE, CITY CLERK 10 Repeal and Reenact Ch. 13.05 KCC Fireworks BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 This page intentionally left blank. OFFICE OF THE MAYOR \ � Derek Matheson, Chief Administrative Officer v Kt=NT Phone: 253-856-5700 ......... Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 11/17/15 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, November 17, 2015 The Chief Administrative Officer's report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • The Kent City Council's last budget workshop is scheduled for November 17. The council is likely to forego the use of banked property tax capacity to shore up a projected $863,000 shortfall in the General Fund and instead update the city's sales tax collection estimate and redirect some sales tax dollars for one year only. • Chief Administrative Officer Derek Matheson and Parks Director Jeff Watling will update the council on the space efficiency study on Tuesday, November 17. • A three-year extension of the city's interlocal agreement for shared services with the Kent Fire Department Regional Fire Authority is tentatively scheduled for the Dec. 1 Operations Committee meeting and the Dec. 8 City Council meeting. • The city's 2016 legislative agenda is tentatively scheduled for the Dec. 1 Operations Committee meeting and the Dec. 8 City Council meeting. • Our first-ever "new councilmember orientation" session is likely to occur on December 15. It is designed for councilmembers-elect but open to returning councilmembers, as well. • Derek has taken the reins as vice president of the Washington City/County Management Association. He has convened a committee of city managers/administrators to start to plan for the Northwest Regional Management Conference, a gathering of Washington and Oregon managers in March 2016. ECONOMIC AND COMMUNITY DEVELOPMENT Staff met with an attorney who specializes in bankrupt brownfields to discuss Kent's options in dealing with the Maralco smelting site and to review an identified avenue for making the site completely shovel ready for a number of development teams interested in the property. Staff also discussed the opportunities and challenges posed by the site Page 1 of 7 to a regional developer interested in revitalizing the 12 acres and rail spur access of dormant, tax-delinquent industrial land. • The 2016 New Space Conference will be the first time the internationally famed private outer space industry trade conference meets in Seattle. Staff attended the New Space Conference 2016 to discuss sponsorship opportunities with the Washington Space Coalition. Staff also attended a Washington Tech "meetup" panel session which was an event to meet angel investors and engineers looking to bring their funds and talents into the emerging space industry cluster. • Staff presented demographic and in-depth market data to Kent Downtown Partnership board members at the annual board retreat. Staff talked about ways to use the data in advising local downtown businesses, in recruitment, and in preparing marketing material for downtown events. • Relocation conversations continue with two food manufacturers and in the expansion efforts of one beverage manufacturer. Staff is also working with the Kent Chamber of Commerce to recruit a high-revenue commercial service to the West Hill of Kent. • Outreach continues to Kent School District by touring the Mechatronics program at Kent Phoenix Academy, and making introductions to a regional STEM and workforce development program known as "SPIN" (the STEM Paths and Innovation Network). • Final review comments were provided to DevCo for the Civil Construction permit and are awaiting a resubmittal — which we expect sometime this week. DevCo has submitted foundation only permits for the two easternmost buildings which will keep construction moving. • Staff met with Sound Transit regarding the Midway light rail station on November 9, marking the first of many engineering focused meetings. Over the next several months, staff will provide feedback to Sound Transit regarding engineering requirements related to public infrastructure as they continue to mature their preliminary plans. • On November 4, ECD and Parks Dept. staff met with Forterra and Evergreen Mountain Bike Alliance representatives at the Kent "Side Hill" site east of Winco to assess the feasibility of a mountain bike park on the property. Staff walked the site and discussed opportunities and challenges the property presents. The project appears to be feasible pending a formal wetland delineation review. HUMAN RESOURCES Please welcome our new hires as of November 2: o Barton Hugg - IT-System Services - Software Engineer-Technical Lead o Alexander McDonald — Finance-Audit — B & 0 Tax & License Compliance Auditor o Todd Volland — Public Works-Fleet Services — Mechanic II o James Wagner — Public Works-Fleet Services — Mechanic II LAW • Victoria Robben advised code enforcement staff with the preparation of 28 correction notices and one notice of violation (NOV); one NOV, one voluntary correction agreement, one correction notice and one stop use order for Fire; and one stop use order for public works. • Victoria Robben met with staff from Parks, I.T., Facilities, and Public Works to brief them on the Municipal Research and Services Center (MRSC) small works and consultant Page 2 of 7 rosters, which council authorized when it adopted the new procurement ordinance. The roster will allow the city to hire consultants and contract for public works projects under $300,000 without preparing advertised bids. Our office will be finalizing the contract with MRSC in the coming weeks so that we can use the roster beginning in 2016. • Assistant City Attorney David Galazin worked with Economic and Community Development staff to draft a comprehensive (i.e. 65-page) ordinance to allow more flexibility in the permitting of accessory dwelling units. Additionally, they also drafted another ordinance implementing downtown design guidelines along the Meeker Street "Corridor" (extending west from downtown to Kent-Des Moines Rd). • The Law Department prepared a response to the Liquor and Cannabis Board objecting to a marijuana retail store application proposed for a site along Pacific Highway. • Michele Walker, prosecutor, in conjunction with the Special Investigations Unit of the police department, obtained a default order on a $200,000+ forfeiture action. • Tami Perdue and our prosecution group worked with the State Department of Licensing to close a rogue bail bond recovery office. • Tami and the prosecution division helped a domestic violence victim obtain a no contact order and then filed criminal charges against her husband. It appeared the husband had taken out a large life insurance policy on his wife by forging her name, plus had his belongings packed and passport ready. The belief was that he was likely to kill his wife, then flee the country. PARKS, RECREATION, AND COMMUNITY SERVICES • Housing and Human Services o Lori Guilfoyle, Dinah Wilson and Economic and Community Development Bill Ellis received word from Boeing that the grant proposal submitted to Boeing was successful. The lead agency is the Coalition for Refugees from Burma and the collaborative includes many community partners, including CAMPS, Green River and Hexcel. The $50,000 grant will be used for the groups to work together to build ladders of opportunity for Kent refugee and immigrant residents in the Kent industrial valley manufacturing careers. o Merina Hanson attended the 19th Annual King County Mental Health and Substance Abuse Legislative Forum at Town Hall. Numerous State and County legislators attended the forum, which included consumer presentations and a legislative round table focused on needed system change. • Recreation o The preparation, communication and coordination with the Kent School District for continual use of school facilities is in progress. Kent Parks Winter programs will be scheduled in 31 Kent School District facilities for activities, classes and sporting events. The community appreciates programming that brings families and neighborhoods together with activities that promote healthy and social benefits within our diverse City. Page 3 of 7 POLICE • Staff Changes — Hiring/Retirement/Recruitment/Leaves/Promotions o A conditional offer was given to lateral candidate David Desjardin from Florida and two conditional offers were given to entry level candidates Ian Lentz and Micah Hackett. • Significant Crime activities / Arrests / Investigations o Detectives investigated a bail bondsman who illegally burglarized a Kent residence when trying to locate a suspect. The subject was arrested in Tacoma and was determined to have mental issues. o The special investigations unit made several drug arrests using SWAT team for ongoing gang related suspects; one on East Hill, one on West Hill. o An elderly female victim was forced out of her car and assaulted before two suspects stole her vehicle. The same vehicle was involved in a hit and run later the next day but was gone prior to officer's arrival. Later that same afternoon, the vehicle was recovered near the scene of the hit and run, unoccupied. The vehicle was taken to the car impound for AFIS (fingerprinting). o Officers located an occupied stolen vehicle on Central Avenue N. The vehicle initially failed to yield to officers and attempted to flee but spike strips were successfully deployed, forcing the vehicle to a stop after a short distance. The driver was arrested for possession of stolen vehicle and multiple warrants. o A witness reported two males breaking a window at Mud Bay pet store at 10600 block of SE 240th St. Officers arrive to locate two subjects nearby, which witness identifies both subjects as the two suspects he had seen break the window, enter store and remove a large filing cabinet that they attempted to pull down the street before giving up and leaving the cabinet on the sidewalk. • Patrol Emphasis o Operations to combat vehicle prowls at the Great Wall Mall continue. A suspect vehicle with four prowlers was observed and the suspect vehicle fled, a short pursuit was conducted but officers terminated the pursuit for public safety reasons. The vehicle was later located and was seized for a search warrant (drug paraphernalia and possible stolen items could be seen inside) and processing by AFIS for fingerprints. This resulted in leads on a criminal operation involved in trafficking stolen property and prostitution. Further patrols/operations at the Great Wall Mall will be continuing as it is believed that more than one suspect or criminal group is prowling vehicles at the location. o After a slowdown the last couple of weeks, officers are seeing an increase in transient foot traffic and associated thefts and assaults near the intersection of 104 Av SE/SE 240 St, seemingly centered around the Circle K at that location. Patrol checks are continuing. • School Issues o There are ongoing problems with fights and disorderly conduct in the area of Kent Meridian High School and McDonalds after school. Patrol and SOU have been conducting heavy emphasis in that area after school. The neighborhood response team unit has been coordinating with patrol units, SROs, SIU gang detectives, the school district and local businesses to drive a solution. Page 4 of 7 PUBLIC WORKS • Street Maintenance: Grind stumps on E James St; Pour sidewalk on E James St at 94th Ave; Blade shoulders and alleys on Willis Street and 30th Ave Between 516 & S 240th; Backfill sidewalk on E James St • Signs, Markings & Litter Removal: Recycle aluminum at Binford Metals; Inspect for locates at S 200th St, E Maple St and Central Ave • Water Veg: Trim and prune trees at Woodland Way PRV and Garrison Creek; Clean up debris and blow leaves at Webster Park; Mow and trim at 3.5 Gallon Tank • Wetland Mitigation Crew: Pump station mitigation-finish planting at GRNRA interior trails near middle tower; Horseshoe Bend planting on 259th and 3rd Ave • Sidearm Mowers: Reith and Military; 38th Ave and Reith; Reith and 260th to Hwy 99 and various locations on Hwy 99 • Wetland maintenance crew: Plant wildflowers at main parking lot of GRNRA and at ShoWare and other plantings at Horseshoe Bend. • Holding Pond Crew: Cottonwood removal at Lindental SE 265th Ct and 118th Way SE and sweepster the Ramstead trail at 277th corridor between Green River Rd to 108th Ave • Water Source & Supply/SCADA: Radium 228 samples — Garrison & Kent Springs; Continued water reservoir/tank hatch &Vent inspections; Finish up Guiberson Reservoir 16-inch header relocation scope • Mains & Services: Repair leak outside Pump Station #7; Water service renewals at 66th & 212th Sreet • Hydrants & Large Meters: Set new meters for Permit Center, Hydrant operations; Kekoa section 627 (Kent Kangley to 272nd, and 104th to 116th), Burfoot section 654 (Kent Kangley to 272nd, and 116th to 124th) • Storm: Vactor cleaning storm system at approx. James and 104th; Inspecting storm near James and 102nd; Checking hot spots and picking up leaves • Sewer: TV existing storm system on James hill; Bring structure to Grade on 80th; TV existing storm overlay project; Raise manhole on 72nd • Warehouse: Prepare Warehouse for remodel and inventory • Radio Shop: Setup new Vactor for Sewer dept with new City Radio and laptop stand; Fix emergency lights on Vactor; Get flashlight chargers and battery chargers for the portables installed; Send out test equipment to be recalibrated; Site visit to East Hill to discuss options for Repeater location. • Fleet Shop: Get new Vactor ready and put into service; Snow and Ice equipment PMI's (checking over for winter); twenty Police services and repairs; eight traffic services and required repairs; eleven mowers for repairs and services; Extend ramps for Water Dept's new dump trailer; Repair the rear framework for the De-icer; Fix the air horn in 5783; 5516 (Dodge 1 ton) crane repair; Tires for vactors 5783 and 5620; 5736 (10 yard dump) send to RWC to have repairs completed; three vehicles out at body shops - 3712, 3714 and 3888 Page 5 of 7 • Design • Staff is continuing to investigate options for filling the funding gap for the Kent Regional Trails Connector project. A meeting was held with stakeholders to remove elements to bring costs in alignment with funding. • HDR was selected as the structural consultant for the S. 228th Street Union Pacific Railroad Grade Separation Project. Staff is working with HDR on a scope and budget. • On November 12, staff attended the Transportation Policy Board of the Puget Sound Regional Council. This board will be considering the City's request to transfer $3,000,000 from the construction phase to the right-of-way phase. • Staff is prepping a presentation to be given at the Transportation Improvement Board meeting on November 20. • Staff is prepping paperwork to obligate a $15,000,000 grant from the WA State Legislature. • The Guiberson Reservoir Sealing project will be out to bid on November 17. • Armstrong Springs Motor Control Facility Project will be out to bid on November 17. • Paperwork was submitted to the WA State Dept of Commerce for the $500,000 from the state legislature for the S. 228th Street Bicycle facility. • Staff is working on the permitting and design for the 72nd Ave Improvement Project. SEPA has been applied for; incorporating 60% design review with comments. • Design review plans were received from the consultant for the Pacific Highway South traffic island landscaping and irrigation project. Staff is working with the parks department for any issues and comments. • Staff is progressing with the design on the 1't Ave, Smith to James St project; awaiting paperwork from WSDOT for the $272,000 grant. • Preparing final design plans and specs for Phase 1A of the S. 224th St Improvement Project. Staff is responding to TIB on clarifications on the Value Engineering Study. • The Interlocal agreement for the Milwaukee II levee was submitted to King County Flood Control District. • A geotechnical investigation report was received from King County's consultant for the East Valley Highway slump. • Land Survey/Construction Surveying: Central Ave. S. Improvements; Kent Kangley Pedestrian Improvements; Briscoe Levee Reach 4; Design Surveying: S. 224th Corridor; First Ave. S. Drainage; Central Ave. S; Utility Potholes; Professional Services: ECD submittal reviews; Right of Way Determinations; GIS mapping • Construction: Central Ave S: Curb & gutter placement from SE 259th St. to Willis St. is took place on November 10, followed by sidewalk grading. Sidewalk placement is scheduled to proceed on November17. Water main installation from Willis St to SE 259th will begin after the Thanksgiving holiday. Page 6 of 7 • SR 516 to S 231't Way Levee Improvements, Russell Rd Upper Levee — S. Reach: TESC will be maintained during the winter months while construction is inactive. • W. Gowe St: All contract work is complete and the request for final walk-thru is forthcoming. • Briscoe-Desimone Levee — Reach 4: Wall pours are scheduled for November 13, 20 and 25. The trail closure with a detour route is in effect until project completion. • Briscoe-Desimone Levee — Reach 2 & 3: Warranty replacement of plants is ongoing and is expected to be complete by November 13. • Development Projects: The Performance walk-thru for Jackson's &A-1 Pallets has been requested, with comments due on Friday, November 20. The One-Year Maintenance walk-thru for Stryker Business Center @ Pacific Gateway, Phase 1 has been requested with comments due on November 16. The One-Year Maintenance walk-thru for Popeye's has been requested with comments due on November 12. The One-Year Maintenance walk-thru for Millennium Ridge has been requested with comments due on November 13. • Transportation: Staff restored communications to all traffic signals east of 132nd Ave. SE by replacing the damaged interconnect along Kent Kangley. Staff restored nine street lights out along 84th Ave. between 196th St & 208th St. The LED street light conversion project is nearly complete. LEDs have been installed in the most of the downtown area. Staff is working to obtain rebates from the Puget Sound Energy and grant reimbursements from the WA Department of Commerce. • Environmental: o Staff are meeting with King County staff this week to review the 30% plans for the Lower Russell Road Levee Project. o Attending the Water Resource Inventory Area 9 Forum meeting. o Meetings with city departments are coming to a close to kick off the First Ave. S. drainage improvement project. o Staff is working towards 100% design on the Leber Project (Mill Creek Auburn Backchannel). o Inventory of the private development stormwater flow control and water quality facilities is nearly completed. o Staff is working with Construction Engineering on the replanting of Briscoe Levee riverbank. Page 7 of 7 This page intentionally left blank. EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) B. Property Negotiations, as per RCW 42.30.110(1)(b) ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.