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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 06/12/2017 (2)Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Julie Pulliam at 253-856-5702. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Economic & Community Development Committee Agenda Councilmembers: Jim Berrios, Tina Budell, Bill Boyce, Chair June 12, 2017 5:00 p.m. Item Description Action Speaker(s) Time Page 1. Call to Order Bill Boyce 1 min. 2. Roll Call Bill Boyce 1 min. 3. Changes to the Agenda Bill Boyce 1 min. 4. Approval of April 10, 2017 Minutes YES Bill Boyce 1 min. 1 5. Highlands Surplus Property YES Kurt Hanson 10 mins. 7 Bill Ellis 6. Wetland Mitigation Banking Program YES Brennan Taylor 10 mins. 21 Public Hearing 7. ShoWare Naming Rights YES Ben Wolters 10 mins. 37 8. Neighborhood Resolutions YES Toni Azzola 10 mins. 43 • Vila Real Neighborhood • Village at Single Creek 9. Future Wise Contract YES Matt Gilbert 5 mins. 55 Multi-Family Rental Housing Inspection Prg. 10. Development Fee Increase NO Matt Gilbert 5 mins. 81 Implementation Update Jon Napier 11. 180th Rezone Request NO Danielle Butsick 10 mins. 85 Information Only 12. Directors Report NO Ben Wolters 5 mins. Economic and Community Development Committee April 10, 2017 Minutes Kent, Washington Approval Pending Page 1 of 5 Date: April 10, 2017 Time: 7 p.m. Place: Council Chambers Attending: Bill Boyce, Jim Berrios, Tina Budell, Matt Gilbert, Lacey Jane Wolfe, Charlene Anderson, Danielle Butsick, Chad Bieren Agenda: 1. Call to Order 2. Roll Call 3. Changes to the Agenda Item 7 removed from the Agenda to be brought to the Committee at their May meeting. Replaced Item 11 with a report on Rental Housing Inspection Program by Matt Gilbert. 4. Approval of Minutes Council Committee Member Berrios MOVED and Council Committee Member Budell Seconded a MOTION to approve the minutes of March 13, 2017. Motion PASSED 3-0. 5. Comprehensive Plan Amendments 2015 Dockets Danielle Butsick, Long Range Planner, stated that the docketed comprehensive plan amendments were discussed before the Land Use and Planning Board (LUPB) at a workshop followed by a public hearing held in March. The City of Kent maintains a docketing process for comprehensive plan updates, and collects and compiles those amendments proposed by either staff, the public or City Council. These proposals are included in one update. The first proposal revises the Educational Services and Facilities map to replace labels inadvertently left off when the map was produced for the comprehensive plan document. The second proposal amends the land use designation table to add a Mobile Home Park land use designation within multifamily land use designated areas as allowed by Kent’s zoning code. This designation was inadvertently left off in the 2015 update. The third proposal updates the Parks and Recreation Element. Kent City Council surplused the Naden properties in October 2016. As part of the ordinance to surplus those properties, there was a request to Economic and Community Development to make changes to the Parks and Open Space Plan and the Parks and Recreation Element pertaining to that decision. At this time, the properties are still under city ownership. This amendment changes the language of the Parks and Recreation element of the comprehensive plan to properly clarify the surplus process. The fourth proposal extends mixed use designation on south 180th street; this amendment is more substantive as it rezones a 43 acre area on south 180th Street from General Commercial to General Commercial/Mixed Use. The amendment proposes to make these properties consistent with the zoning to the west and allow s for more flexibility in land uses in this area. When amending the zoning and land use maps, staff reviews criteria in our codes specific to comprehensive plan amendments and rezoning, and specific criteria for 1 Economic and Community Development Committee April 10, 2017 Minutes Kent, Washington Approval Pending Page 2 of 5 rezoning to mixed use. Staff does not have any concerns over this proposal in regards to meeting those criteria. Were South 180th street to be developed to the extent that mixed use allows, it could potentially attract some traffic impacts that would have to be mitigated through the SEPA process. One consideration is rezoning parks to mixed use, because potentially residential uses could go in those areas. There are two parks located within two miles of this area, but none are accessible. The Multifamily Design Guidelines require 150 square feet of open space per dwelling unit. When there is a new mixed use development with residential, some space would be required to be dedicated to open space, which could include not only parks but indoor recreational space, or rooftop decks, to provide open space to those residents. In response to Council Committee Chair Boyce, Butsick stated that she received an email from David Malik requesting that staff look at one of the parcels in this 43 acre area and consider rezoning to include a zero lot line setback, a maximum height of 195 feet, parking widths of 8 feet and reduced hotel and condominium parking requirements to .75 spaces per room. Butsick stated that David Malik’s request was presented to the LUPB, where she recommended this request be considered separately at a later date as part of the docketing process for next year, as it is a significant departure from the initial docket proposal to extend mixed use along south 180th Street. Staff would conduct a thorough analysis of what the impacts would be. David Malik stated that his proposal should be considered this year. He cited a positive economic climate; that increasing building heights will encourage more developers to come to Kent; that developers could be asked to pay park fees in lieu of landscaping - generating more revenue; and with heightened use of alternative transportation, parking spaces can be reduced. Anderson stated that the deadline for submitting dockets for consideration this year was September 1, 2016. Emergency ordinances can be requested, if a proposal is for the general welfare. Much of what Mr. Malik is proposing is a zoning code amendment related to height increases, zero lot line, and parking issues which are all related to the zoning code, and not a comprehensive plan amendment. What is being proposed could affect policies in the comprehensive plan. A more in-depth analysis would be required by staff to evaluate if the policies are consistent with what is being proposed. Council Committee Chair Boyce asked staff to look closer at Malik’s request, conduct an analysis and come back to committee with an update. Butsick stated that the fifth proposal updates the Housing and Urban Development (HUD) data source in the Housing Element of the Comprehensive Plan related to household characteristics, such as substandard, overcrowded or overburdened households in terms of cost for housing. Tables have been revised for clarity, structure and organization. The sixth proposal updates the Land Use Plan Map for continuity with the zoning map for the area of S 212th St and Russell Rd to redesignate the Mobile Home Park land use designation to Industrial. 2 Economic and Community Development Committee April 10, 2017 Minutes Kent, Washington Approval Pending Page 3 of 5 Council Committee Member Budell MOVED and Council Committee Member Berrios SECONDED a Motion recommending to the City Council approval of the proposed amendments to the Comprehensive Plan Land Use Plan Map and Zoning Districts Map as presented by staff. Motion PASSED 3-0. 6. Countywide Planning Policies Ratification Charlene Anderson reported on Countywide Planning Policies Ratification stating that periodically the County and Growth Management Planning Council amends countywide planning policies used to guide and ensure consistency among local jurisdiction al plans with county plans. The proposed update amends the urban growth boundary and the potential annexation area map. The three technical amendments incorporate, add or remove some road portions related to Covington and Enumclaw, and are unrelated to the City of Kent. A portion of the Issaquah/East Cougar annexation area is being removed at the request of Issaquah. We still ratify these policies because 30 percent of cities or counties that represent 70 percent of the population ratify countywide planning policy amendments. Staff recommends approval of those amendments. Council Committee Member Berrios MOVED and Council Committee Member Budell SECONDED a Motion to recommend to the full City Council ratification of an amendment to the King County Countywide Planning Policies to amend the Urban Growth Boundary and Potential annexation area maps as adopted by the King County Council under Ordinance 18454. Motion PASSED 3-0. 7. Development Fee Increase Implementation Update Moved to the May meeting of the Economic and Community Development Committee. 8. Kaibara Park-Sound Transit Garage Site Alternative #4 Butsick stated that staff recommends removing this site from the list of potential garage locations. It is located next to the downtown library, is a narrow piece of property, and is one of the oldest parks in the city, with a nice water feature and art work. It commemorates our relationship with our sister city in Japan. The Council had previously wanted to consider this site for redevelopment with the idea that it would tie in with town square plaza, potentially block sound from the trains and make downtown more pleasant in that area. It appealed to Sound Transit as it was thought this site was under city management and would be easier to acquire if it was city property. This site is actually under lease with Burlington Northern Santé Fe Railroad (BNSF), and the property is comprised of two parcels: one leased to the city and one piece being a public easement access area not leased to the city. The ownership of this property is complicated. Staff was unable to locate documentation of the old lease agreement with the city and is recommending that this site be removed from the list of top four. 9. 105 Building – Historic Significance Butsick stated that as part of Sound Transit’s work in identifying sites and evaluating them for feasibility for a potential parking garage, they have looked at the historic significance of properties. They have said that this building (Kent’s old Grain Elevator) is eligible for listing on the national register. Through research and calling the King County Historic Preservation office, the building was determined as eligible for listing as a Kent landmark through King County (KC) in 2008. The City contracted with KC to 3 Economic and Community Development Committee April 10, 2017 Minutes Kent, Washington Approval Pending Page 4 of 5 conduct a historic resource inventory. The 105 building was one of 160 sites in Kent that were added to the Washington State inventory for potentially historic properties. No official determination has been made about its eligibility for the State or Federal register. It has not been nominated or an official determination made about it being a Kent landmark in KC Landmarks Code. It is likely that it would be eligible for the National Registry, but has not been formally evaluated. It is significant in terms of Kent’s past, as it is the one remaining piece of architecture that represents our agricultural history. If there were redevelopment at that site it would go through the SEPA process, where staff would evaluate the environmental impacts including historic significance. KC and the State Department of Archeology and Historic Preservation would likely recommend mitigation for the historic significance to this property. KC is looking into a financial incentive program to work with those owners for properties with historic significance. If a funding source is found to start this program, this property could be eligible for that type of funding. Matt Gilbert conveyed that a structural engineer surveyed the property and reported that the main structure of the building is strong. 10. 2018-2023 Six-Year Transportation Improvement Program Lacey Jane Wolfe, Senior Transportation Planner, defined the Transportation Improvement Program (TIP) as a 6-year short range planning document, requiring annual updates by state law. The TIP reflects projected funding capacities and identifies sources of public funds for transportation projects; only included transportation projects that are funded or staff has a reasonable expectation of being funded. Staff recommends removing four projects from the TIP that were completed in the past year: SE Kent-Kangley Rd pedestrian safety improvements; 1st Ave N street improvements; traffic control signal system; Central Ave S improvements. The 80th Ave S Improvements project has changed in its scope to a concrete street maintenance-only project so staff recommends removing it. Staff recommends adding two transportation projects that would increase the value of the Naden property for future development. The first project would be the addition of a Right In/Right Out break in access on Willis Street that would allow people to access Naden directly from Willis. The second project is a local access street that would run from Willis north to provide access. Both projects would serve future development. The third project adds improvements to S 248th St. in support of the YMCA proposal. The city would conduct a complete streets analysis for non-motorized improvements on South 248th between 104th and 116th. Next Steps: This item will go to the Public Works Committee on April 17th as an information item and back to the Public Works Committee on May 1st for action with a final prepared TIP, followed by a public hearing within two weeks and Council adoption by June 30th based on State Law requirements. 11. Rental Housing Inspection Program Matt Gilbert, Current Planning Manager stated that Council authorized the Rental Housing Inspection Program (RHIP) for this biennium. Staff will analyze the problem this year with the intent to have the program up and running next year. The City is on track to have legislation to the council by end of year. 4 Economic and Community Development Committee April 10, 2017 Minutes Kent, Washington Approval Pending Page 5 of 5 In order to make sure that the program fits within the City’s capabilities to enforce, administer and understand the problems, the City is bringing on a consultant to assist with outreach efforts as there are many different community organizations interested in this issue. Staff wants to obtain their input to thoroughly understand what the problems are associated with housing quality and health issues in the community. Gilbert stated that the city will have a limited staff resource to administer this program. The current goal is to zero in on the big problems, prioritize where the needs are, how we act, where we start, where the worst problems exist, are the problems related to geography or age of properties. Staff met with the Somali Youth and Family Club, the Church Council, Tenant’s Union and with planners at the King County Housing Development Consortium (KCHDC). Gilbert stated that he met with someone from the Tenant’s Union to help with understanding the competencies needed with a consultant. They talked about outreach, language, translation skills and voiced willingness to reach out to refugee and immigrant groups. The consultant should be on board in May with Requests for Proposals (RFP) out by end of April. Staff from KCHDC compiled a list of potential people the RFP will be sent to. Public outreach will occur during the summer. Legislation will be drafted the second half of the year and brought back to Council. In response to the Committee, Gilbert stated that Tukwila, Bellingham, and Auburn have programs. Renton is working on a program. These cities will provide sources of information for best practices. Common themes are lack of maintenance, mold, water-leaky pipes, and insect infestation. The number one issue is that many tenants are afraid to call because without their apartment, they would be homeless and worry about eviction as retribution. A number of landlord/tenant relationship laws are on the books but are difficult to enforce. Community organizations such as the Tenants Union provide some pro-bono legal services. They will intervene with landlords, provide the know-how and help navigate the legal framework with these tenants. Tukwila has had their program for five years. Initial cost to landlords was fairly high because numerous problems were being identified. As the landlords began to understand that staff would be checking on problems on a regular basis, levels of maintenance went up and costs started to come down both for the city and to the landlords. When we begin the public outreach, we will include the Landlord Associations. It is likely that some resistance will be encountered. Pamela A Mottram Administrative Assistant I Economic and Community Development April 10, 2017 5 6 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date June 8, 2017 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Ben Wolters, Director of Economic and Community Development SUBJECT: Highlands Property Surplus Consideration - Recommend MOTION: I recommend that council determine that the property located on the south side of Veterans Dr. (aka 231st Way) west of Riverview Blvd. in Kent, Washington, collectively known as the Highlands Property, be considered for surplus, and that a community forum be scheduled and proper notice be issued, in order to receive public comment prior to determining whether the Highlands Property will be surplused. SUMMARY: Economic and Community Development staff will evaluate the market interest in a City owned remnant property originally acquired during the process of constructing Veteran’s Drive. As the property is not seen as having public benefit in its unimproved state, the City wishes to explore commercial user concepts by marketing the property. This motion and discussion is proposed to formally determine if the City Council wants to consider the property to be surplused. EXHIBITS: Public Notice, List of 1000’ Radius parcel numbers, and Map Tax Parcel: 1522049170 BUDGET IMPACT: N/A cc: Ben Wolters, Economic & Community Development Director 7 8 CITY OF KENT NOTICE OF SPECIAL PUBLIC MEETING June 22, 2017 NOTICE IS HEREBY GIVEN that the Kent City Council is considering whether to declare the following-described real property (“the Property”) to be surplus to the City’s needs, and thereafter market the Property for sale: The Property under consideration is City-owned and is located on the south side of Veterans Dr. (aka 231st Way) west of Riverview Blvd. in Kent, Washington. The site represents an irregular shaped tax parcel number (152204-9170), with a gross site area of 280,027 sq ft or 6.43 acres. All interested members of the public are invited to obtain more information about the proposal, and to speak in support or opposition of the proposed surplus of the Property, at a PUBLIC MEETING to be held beginning at 5:00 p.m. on Thursday, June 22nd, 2017, In the Kent City Council Chambers East, 220 Fourth Avenue S., Kent, WA 98032. Members of the public may also submit written comments at the Public Meeting or in advance by regular U.S. Mail to William Ellis, City of Kent’s Economic & Community Development Department, 220 Fourth Avenue South, Kent, WA 98032, or by electronic mail to wellis@KentWa.gov. Any written comments sent in advance must be received no later than 4:00 p.m. on June 22nd, 2017, in order to be considered. The public notice can be found at the City of Kent’s Website: www.kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. 9 VI C I N I T Y M A P / S I T E L O C A T I O N : So u t h S i d e o f V e t e r a n s D r i v e ( a k a 2 3 1 st W a y ) w e s t o f R i v e r v i e w B l v d NA M E : H i g h l a n d P r o p e r t y TA X P A R C E L N O : 1 5 2 2 0 4 - 9 1 7 0 10 C o n d o L a b e I F o r T øx p uy er Fr i d a y , M a y 26 , 2 0 1 7 TA X P A Y E R CI T Y TA X P A Y E R ZI P MC o d e LC o u n t : Hi g h l a n d 6 2 1 7 PA R C E L NU M B E R 54 2 2 9 0 0 3 2 0 54 2 2 9 0 1 0 1 0 54 2 2 9 0 0 9 8 0 54 2 2 9 0 0 8 1 0 54 2 2 9 0 0 5 1 0 54 2 2 9 0 0 0 6 0 54 2 2 9 0 0 3 8 0 54 2 2 9 0 0 6 3 0 54 2 2 9 0 0 1 9 0 54 2 2 9 0 0 6 9 0 54 2 2 9 0 0 4 3 0 54 2 2 9 0 0 1 7 0 54 2 2 9 0 0 4 6 0 54 2 2 9 0 0 0 3 0 54 2 2 9 0 0 1 3 0 54 2 2 9 0 0 7 4 0 54 2 2 9 0 0 6 6 0 54 2 2 9 0 0 3 6 0 54 2 2 9 0 0 2 2 0 54 2 2 9 0 1 0 3 0 54 2 2 9 0 0 4 4 0 54 2 2 9 0 0 6 2 0 54 2 2 9 0 0 7 0 0 54 2 2 9 0 0 5 4 0 To t a l Re c o r d s : TA X P A Y E R AB B A S N A J I B MO H A M M E D AB D E L A A L A H M E D AL S T O N PE G G Y L AN D E R S O N JO H N + M O N I C A BA L D A C C I AM A N D A + B R U N O BA S H E R JE R R Y J+ R A M O N A BL I N D E R HO W A R D BO Y D JO S H + B A I L F F WH I T N BU R M E I S T E R ER E N S T J+ A M CA R T E R JU L I E CH A H A L TA J I N D E R CH E E D L E JE N N I F E R CH O W KI N LA M + S A M H I N LI CL A R K LA U R A K CL A R K RA N D A L + N I N A CL A Y T O N BA R B A R A CO O K SU S A N P CO R T E Z DA N I E L G+ D E B B I E CU L M I N E J O H N A DA L T O N ME L I S S A A DE L I S M O N MA R T I N J DI L L M A N B R I A N JA M E S DU N N JO H N E+ B E T W M EU S E B I O BE L L A M + D A N I L O 93 TA X P A Y E R AD D R 22 7 2 0 4 3 R D AV E S 22 4 0 7 43 R D AV E S 22 4 1 7 4 3 R D AV E S 22 5 1 1 4 3 R D AV E S# 2 2 1 22 7 1 9 42 N D PL S 22 6 1 3 43 R D AV S 22 6 1 0 4 3 R D AV S# 1 7 - 2 22 7 1 2 42 N Ð PL S # 7 - 3 22 8 0 7 4 3 R D AV E S 22 5 2 8 43 R D AV E S # 1 9 - 1 22 6 1 7 42 N D PL S 22 7 2 3 43 R D AV E S #l l- 3 22 7 1 1 42 N D PL S 22 6 0 7 42 N D PL S 22 7 1 I 43 R D A V S 22 5 2 3 4 3 R D AV E S 22 5 3 5 4 3 R D AV E S 22 7 0 6 4 3 R D AV S 22 8 0 1 4 3 R D AV S 22 4 0 3 4 3 R D AV E S 22 6 1 5 42 N D PL S 22 7 0 8 42 N D PL S 22 5 3 2 4 3 R D AV S 22 8 0 6 42 N D PL S #5 - 2 1 2 3 4 5 6 7 8 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 KE N T WA KE N T WA KE N T WA KE N Ï WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T W A KE N T WA KE N T WA KE N T W A KE N T W A KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T W A KE N T WA KE N T WA KE N T WA 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 8 Fr i d a y , Ma y 26 , 2 0 1 7 Pø g e I of 4 11 LC O u n t : PA R C E L NU M B E R TA X P A Y E R TA X P A Y E R AD D R TA X P A Y E R CI T Y TA X P A Y E R ZI P 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 54 2 2 9 0 0 9 0 0 54 2 2 9 0 0 7 1 0 54 2 2 9 0 0 4 5 0 54 2 2 9 0 0 4 9 0 s4 2 2 9 0 0 9 3 0 54 2 2 9 0 0 5 3 0 54 2 2 9 0 0 3 1 0 54 2 2 9 0 0 9 5 0 54 2 2 9 0 0 7 5 0 54 2 2 9 0 0 8 0 0 54 2 2 9 0 0 3 9 0 54 2 2 9 0 0 1 4 0 54 2 2 9 0 0 7 6 0 54 2 2 9 0 0 8 4 0 54 2 2 9 0 0 8 3 0 54 2 2 9 0 0 9 2 0 54 2 2 9 0 0 8 6 0 54 2 2 9 0 0 3 7 0 54 2 2 9 0 0 5 0 0 54 2 2 9 0 0 8 7 0 54 2 2 9 0 0 1 5 0 54 2 2 9 0 0 8 2 0 54 2 2 9 0 0 8 5 0 54 2 2 9 0 0 8 8 0 54 2 2 9 0 0 9 4 0 54 2 2 9 0 1 0 2 0 54 2 2 9 0 0 6 1 0 FR I T S C H L E WA Y N E K GI L M O R E HO L L Y L GI P E JO S E P H LE E GI R S C H JO N A T H A N DA V I D + GR E E N B O R G J E S S GR O S V E N O R RI C H A R D J + L I HA L L GL O W V E R D HA M M TA N Y A HA R T L E Y AL L E N HI G G I N S DE N I S E S HI G G I N S JA M E S O+ S U Z A N N HO L L I N G R E G O R Y HO Y T EL I S A B E T H G HU G H E S KE V I N M+ A L E X A N D HU Y N H PR I S C I L L A P JA C Q U E S A L E X I S + B E N S O N KE N T AR T H U R KH A L I D YA S I R KO U B I K A L E S KR E P S K E N N E T H W+ L I N D A LA U E D V A S O N YI N CH E U N G LA W R E N C E KR Y S Ï A L LE H M A N N R I C H A R D L + A V O LE O N A R D VE R L I N & LI N D A MA C R A E HA R R Y B+ L I N D A R MA S U D A MI S H I Z U MC D O N A L D SC O T T A 22 4 2 7 43 R D AV S 22 5 3 4 4 3 R D AV S 22 7 1 3 42 N D PL S 22 7 2 3 42 N D PL S 22 4 2 6 4 3 R D A V E S #2 5 3 22 8 0 2 42 N D PL S 22 7 1 6 4 3 R D AV E S 22 4 2 3 43 R D AV S #2 6 - 1 22 5 1 9 4 3 R D AV S 22 5 2 4 43 R D AV E S #2 1 - 4 22 6 1 4 4 3 R D AV S 22 7 0 9 43 R D AV E S #1 0 - 4 22 5 1 7 4 3 R D AV E S 22 5 0 5 4 3 R D A V 52 2 - 4 22 5 0 7 43 R D AV E S #2 2 - 3 22 4 2 2 4 3 R D AV Ê S 22 5 0 2 4 3 R D AV E S 22 6 0 6 4 3 R D AV E S #1 7 - 1 22 7 2 1 42 N D P L S 22 5 0 6 4 3 R D AV E S 22 7 2 7 4 3 R D AV Ê . S 22 5 0 9 43 R D AV E S 22 5 0 0 43 R D AV S 22 5 1 0 4 3 R D AV E S 22 4 2 8 4 3 R D AV S 22 4 0 5 4 3 R D AV S 22 7 0 6 42 N D PL S KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T W A KE N T WA KE N T WA KE N T W A KE N T WA KE N T W A KE N T W A KE N T WA KE N T W A KE N T W A KE N T WA KE N T W A KE N T W A KE N T W A KE N T W A KE N T WA KE N T WA KE N T W A KE N T WA KE N T WA KE N T WA 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 Fr i d a y , M a y 26 , 2 0 1 7 Pa g e 2 of 4 12 LC O u n t : PA R C E L NU M B E R TA X P A Y E R TA X P A Y E R AD D R TA X P A Y E R CI T Y TA X P A Y E R ZI P 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 54 2 2 9 0 0 5 7 0 54 2 2 9 0 0 3 0 0 54 2 2 9 0 0 1 6 0 54 2 2 9 0 0 9 7 0 54 2 2 9 0 0 7 3 0 54 2 2 9 0 0 2 3 0 54 2 2 9 0 0 5 9 0 54 2 2 9 0 0 5 6 0 54 2 2 9 0 0 2 0 0 54 2 2 9 0 0 4 7 0 54 2 2 9 0 0 3 5 0 54 2 2 9 0 0 5 8 0 54 2 2 9 0 0 1 8 0 54 2 2 9 0 0 2 5 0 54 2 2 9 0 0 8 9 0 54 2 2 9 0 0 6 5 0 54 2 2 9 0 0 1 1 0 54 2 2 9 0 0 7 7 0 54 2 2 9 0 0 1 0 0 54 2 2 9 0 0 6 8 0 54 2 2 9 0 0 7 2 0 54 2 2 9 0 0 4 2 0 54 2 2 9 0 0 9 1 0 54 2 2 9 0 0 0 9 0 54 2 2 9 0 0 2 7 0 54 2 2 9 0 0 2 1 0 54 2 2 9 0 0 3 3 0 MC G L E N N . D E B R A L + F O X W MC S H E R I D A N JE N N I F E R K MI T C H E L L AS H L E Y A MO R I T A T O M O K O NA R I S A W A RY O NE L S O N G R E G G + M O N I C A NO B L E P A M E L A A OD E G A R D L I N D A M PE R A L T A PA T R I C K C + M A R Y PO Y S K Y ER I K A L PU R D O M L I N D A J RA F T I S P A U L J MM P T O N - L A N D A FA M I L Y T RE E S E L A W R E N C E A+ ET A RE M U N D ST E V E N M+ T H A N H RU S S E L L P E T E R J+ N A N C Y J SA H I D HA K E E M SH I N N GL O R I A A SH Y N E L I S A SI E G E L ME L I N D A + R O N G SI SM E S T A D BR A D L E Y N SM I T H ER I C W+ A U D R E Y A SM I T H T H O M A S A+ M I Z U H A T SO N G YO U N G S+ H Y O S ST A N F O R D JA N I C E ST O C K SA R A H A ST O R M E N T GL E N N V 22 7 2 0 42 N D PL S 22 7 1 2 4 3 R D AV E S 22 7 2 5 43 R D AV S 22 4 1 9 43 R D AV S #2 6 - 3 22 5 2 5 4 3 R D AV S 22 8 1 3 4 3 R D AV E S 22 7 2 4 42 N D P L S 22 8 1 4 42 N D P L A C E S O 22 8 0 5 4 3 R D AV S 22 7 0 7 42 N D P L S #3 - 3 22 7 0 4 4 3 R D AV S 22 7 2 2 42 N D P L S # 6 - 2 22 7 2 1 4 3 R D AV E S 22 7 2 4 4 3 R D AV E S 22 4 2 9 4 3 R D AV E S 22 5 3 7 4 3 R D AV E S 22 7 1 5 4 3 R D AV E S 22 5 , 1 4 43 R D AV S 22 7 0 1 43 R D AV E S 22 5 2 9 4 3 R D AV S 22 5 3 6 43 R D AV E S 22 6 1 9 42 N D PL S 22 4 1 8 43 R D AV E S #2 s 22 7 0 3 4 3 R D AV S 22 7 3 2 43 R D AV E S #1 4 - 3 22 8 0 3 4 3 R D AV S 22 7 0 0 4 3 R D AV E S KE N T WA KE N T W A KE N T WA rÈ ¡ ' l r w¡ KE N T WA KE N T WA KE N T W A KE N T W A KE N T WA KE N T W A KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T W A KE N T WA KE N T WA KE N T W A KE N T W A KE N T WA KE N T WA KE N T WA KE N T WA 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 Fr i d a y , M a y 26 , 20 1 7 Pø g e 3 of 4 13 LC o u n T : PA R C E L NA M B E R TA X P A Y E R TA X P A Y E R AD D R TA X P A Y E R CI T Y TA X P A Y E R ZI P 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 54 2 2 9 0 0 0 / 0 54 2 2 9 0 0 9 6 0 54 2 2 9 0 0 1 2 0 54 2 2 9 0 0 0 1 0 54 2 2 9 0 0 0 8 0 54 2 2 9 0 0 3 / . 0 54 2 2 9 0 0 0 2 0 54 2 2 9 0 0 6 7 0 54 2 2 9 0 0 7 8 0 54 2 2 9 0 0 9 9 0 54 2 2 9 0 0 0 5 0 54 2 2 9 0 1 0 4 0 54 2 2 9 0 0 4 1 0 54 2 2 9 0 0 2 4 0 54 2 2 9 0 0 0 7 0 SW E E T RI C H A R D T + C L A R A TA K E NA G A t( A R E N+ M E HR L I TH O M P S O N CY N T H I A M TH O M P S O N KË V I N T TU L L TI F F A N Y T TU R N E R J U L I E VA N H O O M I S E N KR I S T E N M + VI V A T S O N JA C Q U E L Y N VO N H E E S E N LU C Y A WA R R E N BE N J A M I N J WE L C H M A T T H E W A + B O N N I WE S T L U N D AA R O N E WI N K E L M A N N EL S B E T H YA R B O R O U G H DI A N A ZH A N G JI A N 22 6 0 5 42 N D PL S 22 4 2 1 43 R D AV E S #2 6 2 22 7 1 3 4 3 R D AV E S 22 6 1 3 42 N D PL S 22 7 0 5 4 3 R D AV S 22 7 0 2 4 3 R D AV S 22 6 0 9 42 N D PL S 22 5 3 3 43 R D AV E S 22 5 1 8 4 3 R D AV E S 22 4 1 1 4 3 R D A V E # 2 7 22 6 1 5 4 3 R D AV E S 22 4 0 1 4 3 R D AV S 22 6 2 1 42 N D PL S 22 8 1 I 4 3 R D A V E S 22 7 0 7 4 3 R D AV E S KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T WA KE N T W A KE N T W A KE N T WA KE N T WA KE N T W A KE N T WA 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 98 0 3 2 !¡ ù # 9 Mf f i ! ¡ * t @ ñ w , w r . J l ] { W q { w w ¿ j l w Fr i d a y , M a y 26 , 2 0 1 7 pa g e 4 of 4 14 Ad d r L ø b e l F o r T ø x p u y e r Fr i d a y , M a y 26 , 2 0 1 7 To t u l Re c o r t l s . ' 35 TA X P A Y E R TA X P A Y E R _ A D D R TA X P A Y E R - C I T Y TA X P A Y E R _ q ] P MC o d e LC o u n t : Hi g h l a n d 6 2 l 7 PA R C E L _ N U M B E R 1 1 5 2 2 0 4 9 0 6 2 BA L R A J P A U L S I N G H 44 2 2 S 1 7 O T H S T SE A T A C WA 98 1 8 8 2 1 5 2 2 0 4 9 1 0 8 BR A N D O N LA N C I N G 26 0 5 E WA R D ST SE A T T L E WA 98 1 1 2 3 72 6 0 2 0 0 1 1 2 CA R R O L L WI L L I A M & SH E L L 23 2 5 0 MI L I T A R Y RD S KE N T WA 98 0 3 2 4 1 5 2 2 0 4 9 0 1 7 CI T Y OF SE A T A C 48 O O S 18 8 T H ST SE A T A C WA 98 1 8 8 5 15 2 2 0 4 9 1 2 9 DI A Z AU D E L I O P 23 0 4 0 MI L I T A R Y RD KE N T WA 98 0 3 2 6 1 5 2 2 0 4 9 1 1 0 DI A Z AU D E L I O P 23 0 4 0 MI L I T A R Y RD KE N T WA 98 0 3 1 7 1 5 2 2 0 4 9 0 5 2 ES T A T E O F DE V I T ST E W A R 22 8 4 4 MI L I T A R Y RO A D SE A T A C WA 98 1 8 8 8 1 5 2 2 0 4 9 1 7 2 GR A N D V I E W A P A R T M E N T S 1O 9 O O NE 8 T H ST # 1 2 0 0 BE L L E V U E WA 98 0 0 4 9 72 6 0 2 0 0 1 1 0 GR E E N S E N S E LL C 23 2 5 2 MI L I T A R Y RD S KE N T W A 98 0 3 2 10 1 5 2 2 0 4 9 1 3 3 HI L S O N K A R M E T G 34 2 0 S 22 9 T H PL SE A T A C WA 98 1 9 8 11 1 5 2 2 0 4 9 0 6 0 JO H N S O N FR A N K C 34 3 3 S 22 9 T H PL SE A T A C WA 98 1 9 8 12 15 2 2 0 4 9 1 5 4 JO H N S O N ME R L E L+ R O B I N 35 1 1 S 22 8 T H ST DE S MO I N E S WA 98 1 9 8 13 1 5 2 2 0 4 9 0 4 2 KE N T H I G H W A Y C O M M E R C I 14 2 0 5 S E 3 6 T H S T # 1 O O BE L L E V U E WA 98 0 0 6 15 7 2 6 0 2 0 0 0 9 5 KI N G CO U N T Y - T R A N S I T 20 1 S JA C K S O N ST #4 1 7 SE A T T L E WA 98 1 0 4 16 1 5 2 2 0 4 9 1 3 5 LO P É Z PE T E + R O S A 23 0 3 6 M I L I T A R Y RD S KE N T WA 98 0 3 2 17 1 5 2 2 0 4 9 0 5 9 MI L I T A R Y RD HI G H W A Y CO '1 4 2 0 5 SE 36 T H ST #1 O O BE L L E V U E WA 98 0 0 6 18 1 5 2 2 0 4 9 0 2 7 MI L I T A R Y RO A D IN V E S T M E N 23 0 5 I MI L I T A R Y RD S KE N T WA 98 0 3 2 20 15 2 2 0 4 9 1 3 2 RJ E RE A L ES T A T E LL C 13 2 3 A V E N U E D# 1 4 7 7 SN O H O M I S H WA 98 2 9 1 21 O O O 2 O O O O 2 2 SE A T T L E CI T Y O F SP U - S W U PO B O X 34 0 1 8 SE A T T L E WA 98 1 2 4 \' . Fr i d a y , M t t y 26 , 2 0 1 7 Pa g e I of 2 15 LC O u n t : PA R C E L NU M B E R TA X P A Y E R TA X P A Y E R AD D R TA X P A Y E R CT T Y TA X P A Y E R ZI P 25 26 zz 2 2 31 1 5 2 2 0 4 9 1 0 3 TH E B E R T FR E D 12 3 1 5 M U N D Y LO S S RD BU C K L E Y WA 98 3 2 1 32 1 5 2 2 0 4 9 1 4 0 TH O M A S JA M E S 17 2 1 SW 3 2 6 T H CT FE D E R A L W A Y W A 98 0 2 3 34 15 2 2 0 4 9 1 0 9 UN I T E D ST A T E S BA K E R I E S PO B O X 2 4 3 2 7 SE A T T L E WA 98 1 2 4 35 1 5 2 2 0 4 9 1 5 3 VI N S O N JO E D+ J E S I C A H 35 0 7 S 2 2 8 T H ST SE A T A C WA 98 1 9 8 Fr i d a y , M a y 26 , 20 1 7 Pa g e 2 o f 2 16 Ad d r L ø b el F o r O c c up ø nt A t S it e Fr i d a y , M a y 26 , 2 0 1 7 MC o d e LC o u n t : Hi g h l a n d 6 2 1 7 PA R C E L NU M B E R To t ø l Re c o r d s : OC C U P A N T 16 SI T E A D D R E S SI T E ST R E E T SI T E CI T Y SI T E ZI P 1 1 5 2 2 0 4 9 0 0 8 OC C U P A N T 37 O O S KE N T DE S MO I N KE N T , WA 98 0 3 2 2 15 2 2 0 4 9 0 4 2 OC C U P A N T 23 0 0 4 MI L I T A R Y RD S KE N T , WA 98 0 3 2 3 15 2 2 0 4 9 0 4 5 OC C U P A N T 23 O O O MI L I T A R Y RD S KE N T , WA 98 0 3 2 4 1 5 2 2 0 4 9 0 5 9 OC C U P A N T 23 0 0 2 MI L I T A R Y RD S KE N T , WA 98 0 3 2 5 15 2 2 0 4 9 0 6 6 OC C U P A N T 23 0 5 6 MI L I T A R Y RD S KE N T , WA 98 0 3 2 6 1 5 2 2 0 4 9 1 0 3 oc c u p A N T 34 4 1 s 22 9 PL KE N T , WA 98 0 3 2 7 15 2 2 0 4 9 1 0 8 OC C U P A N T 22 9 0 4 MI L I T A R Y RD S KE N T , WA 98 0 3 2 8 15 2 2 0 4 9 1 0 9 OC C U P A N T 23 0 3 1 MI L I T A R Y RD S KE N T , WA 98 0 3 2 9 15 2 2 0 4 9 1 1 0 oc c u P A N T 34 5 1 S 22 9 PL KE N T , WA 98 0 3 2 10 15 2 2 0 4 9 1 3 2 oc c u P A N T 34 2 8 9T PL 9 8 1 9 8 KE N T , WA 11 15 2 2 0 4 9 1 4 0 oc c u P A N T 34 3 5 S 22 9 PL KE N T , WA 98 0 3 2 12 15 2 2 0 4 9 1 4 2 oc c u P A N T 34 2 7 S 22 9 PL KE N T , WA 98 0 3 2 13 1 5 2 2 0 4 9 1 7 2 OC C U P A N T 39 O O VE T E R A N S DR KE N T , WA 14 72 6 0 2 0 0 0 6 0 OC C U P A N T 23 0 1 1 MI L I T A R Y RD S KE N T , WA 98 0 3 2 15 7 2 6 0 2 0 0 0 9 5 OC C U P A N T 23 4 0 5 MI L I T A R Y R D S KE N T , WA 98 0 3 2 I of Pa g e Fr i d a y , M a y 26 , 2 0 1 7 17 18 r il t a { - { I I ¡ i:¡l r! . '. 1 I I rl TI f t+ ', t _ t_ .. l r -t I t!¡t U t- 1 iH E H I*!N ¡¡ lh H l - . H HI G H L A N D PR O P E R T Y (T A X PA R C E L NO . 15 2 2 0 4 9 1 7 0 ) * AS SH O W N W| T H 10 0 0 ' , RA D T U S RU N LO C A T E D : SO U T H SI D E O F VE T E R A N S DR | V E (A K A 23 1 s r WA y ) WE S T OF RI V E R V | E W BL V D MA I L E D T O RA D I U S ON JU N E 2, 2 O T 7 FO R JU N E 22 , 2 0 7 7 ME E T I N G 19 1' L- _ j _ [ \ \ , J iË I¡- ' iì tlL, N. Â- * À HT G H L A N D PR O P E R T Y (T A X PA R C E L NO . 15 1 7 O l LO C A T E D : SO U T H S t D E OF VE T E R A N S DR T V E 1R t < R Z3 t t t WA y ) WE S T OF R | V E R V | E W BL V D I. O O O ' R A D I U S MA I L I N G FO R JU N E 22 , 2 0 1 7 ME E T I N G MA I L E D T O RA D I U S ON JU N E 2, 2 0 1 7 ì L L_ t I I -- . *' . - ' ' j 20 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 June 8, 2017 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Brennan Taylor, P.E., Development Engineering Manager RE: Wetland Mitigation Banking and In-Lieu Fee Programs For June 12, 2017 Public Hearing SUMMARY: Due to the decrease in mitigation opportunities in the City of Kent, both public and private projects are struggling to find locations to provide compensatory mitigation when critical areas are impacted. Staff has received multiple requests from current and prospective permit applicants and the development community for the City to allow the use of mitigation banks and in- lieu fee programs as a way to mitigate for wetland and wetland buffer impacts. Current city code requires “legislative action” to approve a project to use mitigation banking or in-lieu fee programs. Staff is proposing a change to the code to allow projects to utilize mitigation banks and in-lieu fee programs without further legislative action. BACKGROUND: The Growth Management Act (GMA) requires cities to adopt regulations which use best available science to protect the functions and values of wetlands and wetland buffers. Kent City Code 11.06.660 establishes the mitigation requirements when a project proposes to alter a wetland or wetland buffer and recognizes the use of wetland mitigation banks and in-lieu fee programs as an option for mitigation. While on-site mitigation is prioritized by Kent’s code, the US Army Corps of Engineers and the US Environmental Protection Agency consider mitigation banks and in-lieu fee programs to be the preferred forms of compensatory mitigation. KCC 11.06.660 includes several criteria for the use of such programs, including demonstration of no net loss in overall wetland acreage and replacement with MOTION: Recommend to the full City Council approval of amendments to KCC 11.06.660 to allow wetland mitigation banks and in-lieu fee programs, as presented by staff. 21 wetlands and buffers of equivalent functions and values. However, each request must be approved by the City Council. The proposed code amendment removes the case-by-case legislative action in order to streamline the permitting process. RECOMMENDATION: Staff recommends modifying KCC 11.06.660 to allow projects to utilize mitigation banks and in-lieu fee programs without further legislative action. EXHIBITS: Ordinance BUDGET IMPACT: N/A cc: Ben Wolters, Economic & Community Development Director 22 1 Amend KCC 11.06.660 Wetland Mitigation Banks ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 11.06 of the Kent City Code, entitled “Critical Areas,” to revise the procedure for allowing the use of wetland mitigation banks and in-lieu fee programs. RECITALS A. Pursuant to the state Growth Management Act, Chapter 36.70A RCW (GMA), the city of Kent (“City”) previously amended its critical areas ordinance (CAO) on July 21, 2015 (Ordinance 4159). B. The city has received numerous permit applications and inquiries requesting the use of mitigation banking and in-lieu fee programs. C. It is the goal of the City to uphold no net loss of wetlands through the preservation, enhancement, establishment, and restoration of ecological functions within its watersheds. D. Mitigation banks and in-lieu fee programs provide a watershed based approach that may offer an environmentally preferable option compared to onsite permittee responsible mitigation. The U.S. Army 23 2 Amend KCC 11.06.660 Wetland Mitigation Banks Corps of Engineers and U.S. Environmental Protection Agency have determined mitigation banks and in-lieu fee programs are the preferred forms of compensatory mitigation because they use a watershed approach, consolidate resources, reduce temporal loss of functions, and reduce uncertainty over project success. E. As currently written, the critical areas ordinance requires mitigation banks and in-lieu fee programs that are to be used for projects located in the city to be certified by the U.S. Army Corps of Engineers and Washington Department of Ecology under applicable federal and state mitigation rules. Prior to certification of a mitigation bank or in-lieu fee program, Ecology and the Army Corps are advised by an Interagency Review Team (IRT), which consists of representatives from the U.S. Environmental Protection Agency, the National Oceanographic and Atmospheric Administration, the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife, as well as representatives from several local Tribes. One such certified in-lieu fee program is the King County Department of Natural Resources’ “Mitigation Reserves Program,” which is operated in conjunction with the Washington Department of Ecology and the U.S. Army Corps of Engineers with review and approval by the IRT of all mitigation sites that are to be implemented by the program. At the time of passing this ordinance, the King County Mitigation Reserves Program (MRP) is the only in-lieu program that is currently available to projects within the city of Kent. Until another in-lieu fee program or mitigation bank is approved by the IRT, Army Corps and Ecology, it is anticipated that the MRP is the program that will be utilized. F. On May 15, 2017, staff made a presentation to the Public Works Committee at a public meeting to discuss the proposed code amendment. 24 3 Amend KCC 11.06.660 Wetland Mitigation Banks G. The City’s State Environmental Policy Act (SEPA) Responsible Official has determined that the proposed amendment is procedural in nature and thus categorically exempt from further SEPA review. H. Under the GMA, the City is required to submit proposed amendments to its development regulations to the Washington State Department of Commerce for review and comment. On May __, 2017, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the proposed code amendment. The Washington State Department of Commerce granted the request for expedited review on May __, 2017. ________ comments were received from State agencies. I. On June 12, 2017, the Economic and Community Development Committee held a public hearing regarding the proposed code amendment and recommended to the full City Council ___________ of the proposed code amendment. J. At its regularly scheduled meeting on June 20, 2017, the City Council considered the recommendation of the Economic & Community Development Committee and voted to adopt the proposed amendment to the Critical Areas Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 11.06.660 of the Kent City Code, entitled “Compensating for wetland impacts,” is amended as follows: 25 4 Amend KCC 11.06.660 Wetland Mitigation Banks Sec. 11.06.660. Compensating for wetland impacts. A. Condition of approval. As a condition of any approval allowing alteration of wetlands or wetland buffers, or as an enforcement action, the director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant’s or violator’s actions. The applicant shall develop a plan that provides for construction, maintenance, and monitoring of replacement wetlands or buffers and, as appropriate, land acquisition that re-creates as nearly as practicable or improves the original wetlands in terms of acreage, function, geographic location, and setting. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, Olympia, WA, March 2006 or as revised) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Publication No. 09-06-32, Olympia, WA, December 2009), and may incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Hruby, 2012). B. Goal. The overall goal of any compensatory mitigation project shall be no net loss of overall wetland acreage or function and to replace any wetland area lost with wetland(s) and buffers of equivalent functions and values. Compensation shall be completed prior to wetland destruction, where practicable. Compensatory mitigation programs shall incorporate the standards and requirements contained in KCC 11.06.550 and 11.06.560. 26 5 Amend KCC 11.06.660 Wetland Mitigation Banks C. Preference of mitigation actions. Mitigation for lost or diminished wetland and buffer functions shall rely on the types below in the following order of preference: 1. Restoration (re-establishment and rehabilitation) of wetlands: a. The goal of re-establishment is returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres and functions. Activities could include removing fill material, plugging ditches, or breaking drain tiles. b. The goal of rehabilitation is repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain. 2. Establishment (creation) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative species. Establishment results in a gain in wetland acres. This should be attempted only when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design. a. If a site is not available for wetland restoration to compensate for expected wetland or buffer impacts, the approval authority may authorize creation of a wetland and buffer upon demonstration by the applicant’s qualified wetland scientist that: i. The hydrology and soil conditions at the proposed mitigation site are conducive for sustaining the proposed wetland 27 6 Amend KCC 11.06.660 Wetland Mitigation Banks and that creation of a wetland at the site will not likely cause hydrologic problems elsewhere; ii. The proposed mitigation site does not contain invasive plants or noxious weeds or that such vegetation will be completely eradicated at the site; iii. Adjacent land uses and site conditions do not jeopardize the viability of the proposed wetland and buffer (e.g., due to the presence of invasive plants or noxious weeds, stormwater runoff, noise, light, or other impacts); and iv. The proposed wetland and buffer is designed to be self-sustaining with little or no long-term maintenance. 3. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement should be part of a mitigation package that includes replacing the altered area and meeting appropriate ratio requirements. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement alone will result in a loss of wetland acreage and is less effective at replacing the functions lost. Applicants proposing to enhance wetlands or associated buffers shall demonstrate: a. How the proposed enhancement will increase the wetland’s or the buffer’s functions; b. How this increase in function will adequately compensate for the impacts; and 28 7 Amend KCC 11.06.660 Wetland Mitigation Banks c. How all other existing wetland functions at the mitigation site will be protected. D. Acreage replacement and enhancement ratio. Wetland alterations shall be replaced or enhanced using the formulas in the table below; however, the director may choose to double mitigation ratios in instances where wetlands are filled or negatively affected as a result of code violations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. These ratios do not apply to remedial actions resulting from illegal alterations. Category and Type of Wetland Impacts Re-establishment or Creation Re-establishment or Creation (R/C) and Enhancement (E) Category IV 1.5:1 1:1 R/C and 1:1 E Category III 2:1 1:1 R/C and 2:1 E Category II 3:1 1:1 R/C and 4:1 E Category I 6:1 1:1 R/C and 10:1 E Category I Wetlands of High Conservation Value Not considered possible R/C Not considered possible Category I Bog Not considered possible R/C Not considered possible NOTE: Category I, II, and III wetland alterations can also be made by a combination of creation of new wetlands and enhancement of existing wetlands within the range of the ratios set out in the table so long as a minimum one to one creation ratio is met (for example, creation of new 29 8 Amend KCC 11.06.660 Wetland Mitigation Banks wetlands at a one and one-half to one ratio along with enhancement of existing wetlands at a ratio of five to one may be acceptable for a Category I wetland). E. Decreased replacement ratio. The director may decrease the required replacement ratio where the applicant provides the mitigation prior to altering the wetland, and a minimum acreage replacement ratio of one to one is provided. In such a case, the mitigation must be in place, monitored for three growing seasons and be deemed a success prior to allowing any alterations. F. Buffer mitigation ratios. Impacts to buffers shall be mitigated at a one to one ratio. Compensatory buffer mitigation shall replace those buffer functions lost from development. G. Wetland mitigation bank or in-lieu fee program. The city may approve mitigation banking or in-lieu fee mitigation as a form of compensatory mitigation for wetland impacts when the provisions of this chapter require mitigation and when the use of a mitigation bank or in-lieu fee program will provide equivalent or greater replacement of wetland functions and values when compared to conventional permittee- responsible mitigation. Mitigation banks and in-lieu fee programs shall only be used when it can be demonstrated that they provide significant ecological benefits, including long-term conservation of critical areas, important species, habitats, or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals. Mitigation banks and in-lieu fee programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules and expressly authorized through city legislative action. 30 9 Amend KCC 11.06.660 Wetland Mitigation Banks H. Wetland type. In-kind compensation shall be provided except that out-of-kind compensation may be accepted where: 1. The wetland system to be replaced is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value. 2. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impracticable. 3. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). I. Advance mitigation. Mitigation for projects with pre-identified impacts to wetlands may be constructed in advance of the impacts if the mitigation is implemented according to federal rules, state policy on advance mitigation, and state water quality regulations. J. Location. Compensatory mitigation actions shall be conducted onsite or within the same sub-basin as the impact site unless the applicant can demonstrate that: 1. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss. 2. Onsite compensation is not feasible due to problems with hydrology, soils, or other factors. 31 10 Amend KCC 11.06.660 Wetland Mitigation Banks 3. Compensation is not practical due to potentially adverse impacts from surrounding land uses. 4. Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values. 5. Adopted goals for flood storage, flood conveyance, habitat, or other wetland functions have been established and strongly justify location of compensatory measures at another site. K. Offsite compensation. Offsite compensation shall occur within the Green River watershed, unless: 1. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site; 2. Credits from a state-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument; or 3. Fees are paid to an approved in-lieu fee program to compensate for the impacts. L. Offsite compensation site selection. When considering offsite mitigation, preference should be given to using alternative mitigation, such as a mitigation bank, an in-lieu fee program, or advanced mitigation. Applicants shall pursue siting in the following order of preference: 32 11 Amend KCC 11.06.660 Wetland Mitigation Banks 1. Upland sites which were formerly wetlands or significantly degraded wetlands. Such wetlands are typically small; have only one wetland class; and have one dominant plant species or a predominance of exotic species. 2. Idle upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation. 3. Other disturbed upland. M. Timing. Where feasible, compensatory projects shall be completed prior to activities that will disturb wetlands, or immediately after activities that will temporarily disturb wetlands, or prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. N. Completion of mitigation construction. On completion of construction, any approved mitigation project must be signed off by the applicant’s qualified professional and approved by the department. A signed letter from the professional will indicate that the construction has been completed as approved, and approval of the installed mitigation plan will begin the monitoring period if appropriate. 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. 33 12 Amend KCC 11.06.660 Wetland Mitigation Banks 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 five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2017. APPROVED: day of , 2017. PUBLISHED: day of , 2017. 34 13 Amend KCC 11.06.660 Wetland Mitigation Banks 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) KIMBERLEY A. KOMOTO, CITY CLERK 35 36 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: June 12, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Ben Wolters, Economic & Community Development Director RE: First Amendment to ShoWare Arena Naming Agreement - Recommend For June 12, 2017 Meeting MOTION: Recommend Council authorize the Mayor to sign an agreement with VisionOne/ShoWare and Thunderbird Hockey Enterprises amending the Arena Naming Agreement, subject to final contract terms and conditions acceptable to the Economic & Community Development Director and the City Attorney. SUMMARY: The current Naming Rights Agreement terminates in July of 2019. This Amendment will extend the Term of the Agreement to 2029, and includes additional Naming Sponsor fees as outlined in an updated Exhibit 1 to the Agreement. ShoWare has been acquired by another company, Accesso. Under the terms of the current Arena Naming Agreement, ShoWare or its parent company may request a name change to the Arena. Now that it has acquired ShoWare, Accesso has requested to change the name of the ShoWare Center to the “accesso ShoWare Center.” This Amendment recognizes that name change. The Amendment also removes the requirement that ShoWare be responsible for the costs related to the removal of existing signage and the installation of new signage. In consideration of this, ShoWare has agreed to remove its $1.25 “Print-at-Home” fee currently required under the Ticket System User Agreement for approximately a 42 month period. The Amendment also sets the stage for negotiations for the use of ShoWare’s Siriusware point-of-sale system at the ShoWare Center. EXHIBITS: First Amendment, with Exhibit 1 BUDGET IMPACT: None 37 38 FIRST AMENDMENT TO ARENA NAMING AGREEMENT BETWEEN THE CITY OF KENT, THUNDERBIRD HOCKEY ENTERPRISES, AND SHOWARE This First Amendment to the Arena Naming Agreement between Thunderbird Hockey Enterprises, LLC, a Washington limited liability corporation (“Team”), City of Kent, a Washington municipal corporation (“City”), and VisionOne, d/b/a/ “ShoWare,” a California corporation (“ShoWare” or “Naming Sponsor”) is effective __________, and amends the Arena Naming Agreement (“Agreement”) the parties entered on May 27, 2009. This First Amendment to the Agreement also serves as the Team’s and City’s written consent for ShoWare’s requested change to the Arena Name. 1. Arena Name Change The Arena Naming Agreement includes a provision that addresses ShoWare’s right to change the Arena Name. Section 5 of the Agreement, entitled “Future Name Change,” requires the Team and the City to consent to a name change if certain conditions are met and to evidence their consent in writing. After having been acquired by “accesso,” ShoWare has requested to change the Arena Name to the “accesso ShoWare Center at Kent.” By executing this Amendment, the Team and the City express consent to this name change. Pursuant to Section 5, paragraph (c) of the Agreement, the new name shall become the Arena Name for all purposes of the Agreement, including the licenses granted for use of the Arena Name. 2. Amendments to Arena Naming Agreement This Amendment also amends the Agreement. All other provisions of the Agreement that are not inconsistent with the Amendment shall remain in effect. For valuable consideration and mutual consent of the parties, the Agreement is modified as follows: a. Section 1 of the Agreement, “Definitions” is amended as follows: “Arena Name” means “accesso ShoWare Center at Kent.” b. A new definition is added to Section 1 of the Agreement, “Definitions” as follows: “Point-of-Sale and Ticketing Integration Contract” shall mean the contractual agreement to be entered into by City and ShoWare, or its affiliate, pursuant to which the City shall agree to use Siriusware point-of-sale products and solutions exclusively during the entire term of this Agreement. c. A subsection (f) is added to Section 3, “Naming Sponsor” as follows: (f) As additional consideration for entering into this Agreement, City and ShoWare will negotiate directly to execute a Point-of-Sale and Ticketing Integration Contract, and pursuant thereto, City will exclusively use ShoWare’s Siriusware for all events at the Arena throughout the Term of this Agreement, or unless terminated earlier as provided for in this Agreement. d. Section 2 of the Agreement, “Term” is amended by deleting the reference to July 31, 2019, and replacing that date with July 31, 2029. Section 2 will now read as follows: Term. This Agreement shall take effect on the Effective Date and shall terminate on July 31, 2029 (“Term”), unless sooner terminated or extended in accordance with the provisions set forth in this Agreement. e. Section 5 of the Agreement, paragraph (b) is amended as follows: 39 (b) If all of the conditions of this Section 5 are satisfied, then the Team and City agree that they will consent to the change of the name of the Arena. The Team and City agree to evidence their consent in writing within thirty (30) days of the satisfaction of the above conditions. All costs associated with any name change will be the sole responsibility of ShoWare or its successor, including those costs identified above in Sections 3 and 4, and specifically including, without limitation, all costs related to removal of existing signage and design, fabrication, and installation of new signage. However, in consideration of the ten (10) year extension to the Agreement, the City will be responsible for the costs related to the removal of existing signage and design, fabrication, and installation of new signage associated with the first name change of the Arena. The City’s financial responsibility for removing and replacing the signage will not exceed $_________. ShoWare will be responsible for all such costs associated with any subsequent name change. ShoWare will further be responsible for reasonable replacement cost of any pre-printed or pre-produced stationary, brochures, promotional materials, tickets, advertising or marketing materials, and any pre-produced or constructed goods or products intended for sales and marketing purposes by either the Team or the City, but only if the Team or the City could not, in good faith, have avoided those costs. f. Exhibit 1, “Naming Sponsor Fees,” attached to the Agreement is replaced with the updated Exhibit 1, attached hereto. In witness, the parties below have executed this First Amendment, which will become effective on ______________. This First Amendment may be signed in counterparts. THUNDERBIRD HOCKEY ENTERPRISES, LLC By Its Date VisionOne, Inc., d/b/a “ShoWare” By Its Date CITY OF KENT By Its Date 40 EXHIBIT 1 Naming Sponsor Fees Year One: August 1, 2017—July 31, 2018 (Total Payment: $300,000.00) Installments: Aug. 1, 2017--$75,000.00 Nov.1, 2017--$75,000.00 Feb. 1, 2018--$75,000.00 May 1, 2018--$75,000.00 Year Two: August 1, 2018—July 31, 2019 (Total Payment: $300,000.00) Installments: Aug. 1, 2018--$75,000.00 Nov.1, 2018--$75,000.00 Feb. 1, 2019--$75,000.00 May 1, 2019--$75,000.00 Year Three: August 1, 2019—July 31, 2020 (Total Payment: $300,000.00) Installments: Aug. 1, 2019--$75,000.00 Nov.1, 2019--$75,000.00 Feb. 1, 2020--$75,000.00 May 1, 2020--$75,000.00 Year Four: August 1, 2020—July 31, 2021 (Total Payment: $300,000.00) Installments: Aug. 1, 2020--$75,000.00 Nov.1, 2020--$75,000.00 Feb. 1, 2021--$75,000.00 May 1, 2021--$75,000.00 Year Five: August 1, 2021—July 31, 2022 (Total Payment: $300,000.00) Installments: Aug. 1, 2021--$75,000.00 Nov.1, 2021--$75,000.00 Feb. 1, 2022--$75,000.00 May 1, 2022--$75,000.00 Year Six: August 1, 2022—July 31, 2023 (Total Payment: $300,000.00) Installments: Aug. 1, 2022--$75,000.00 Nov.1, 2022--$75,000.00 Feb. 1, 2023--$75,000.00 May 1, 2023--$75,000.00 Year Seven: August 1, 2023—July 31, 2024 (Total Payment: $300,000.00) Installments: Aug. 1, 2023--$75,000.00 Nov.1, 2023--$75,000.00 Feb. 1, 2024--$75,000.00 May 1, 2024--$75,000.00 41 Year Eight: August 1, 2024—July 31, 2025 (Total Payment: $300,000.00) Installments: Aug. 1, 2024--$75,000.00 Nov.1, 2024--$75,000.00 Feb. 1, 2025--$75,000.00 May 1, 2025--$75,000.00 Year Nine: August 1, 2025—July 31, 2026 (Total Payment: $300,000.00) Installments: Aug. 1, 2025--$75,000.00 Nov.1, 2025--$75,000.00 Feb. 1, 2026--$75,000.00 May 1, 2026--$75,000.00 Year Ten: August 1, 2026—July 31, 2027 (Total Payment: $300,000.00) Installments: Aug. 1, 2026--$75,000.00 Nov.1, 2026--$75,000.00 Feb. 1, 2027--$75,000.00 May 1, 2027--$75,000.00 Year Eleven: August 1, 2027—July 31, 2028 (Total Payment: $300,000.00) Installments: Aug. 1, 2027--$75,000.00 Nov.1, 2027--$75,000.00 Feb. 1, 2028--$75,000.00 May 1, 2028--$75,000.00 Year Twelve: August 1, 2028—July 31, 2029 (Total Payment: $300,000.00) Installments: Aug. 1, 2028--$75,000.00 Nov.1, 2028--$75,000.00 Feb. 1, 2029--$75,000.00 May 1, 2029--$75,000.00 42 1 OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax: 253-856-6700 220 Fourth Avenue S. Kent, WA. 98032-5895 June 8, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJECT: Recognition of Vila Real Neighborhood Council Resolution- Recommend SUMMARY: Vila Real neighborhood consists of 128 households and is located on Kent’s East Hill. On March 8, 2017, the Vila Real neighborhood council submitted an official registration form to request that the City recognize their neighborhood council and allow the neighborhood to take part in the City’s neighborhood program. The neighborhood has now completed the process to be recognized as a neighborhood council. BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. BUDGET IMPACT: None MOTION: Recommend Council adopt a resolution that recognizes the Vila Real Neighborhood Council, supports its community building efforts, and confers all opportunities offered by the City’s Neighborhood Program. 43 44 1 Vila Real Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Vila Real Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Vila Real neighborhood consists of one hundred and twenty-eight households. D. The Vila Real neighborhood is located on Kent’s East Hill and is situated generally to the east of 110th Avenue S.E., to the north of S.E. 204th Street, to the west of Panther Lake and to the south of S.E. 200th 45 2 Vila Real Neighborhood Council Resolution Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On March 8, 2017, the Vila Real Neighborhood submitted an official registration form to request that the City recognize the Vila Real Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Vila Real neighborhood and all those who participated in forming the Vila Real Neighborhood Council. The Kent City Council hereby recognizes Vila Real Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Vila Real Neighborhood Council community building efforts, and confers on the Vila Real Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 46 3 Vila Real Neighborhood Council Resolution PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June, 2017. CONCURRED in by the mayor of the city of Kent this ______ day of June, 2017. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\Neighborhoodcouncilvilareal 6-12-17.Docx 47 Exhibit A 4 Vila Real Neighborhood Council Resolution 48 1 OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 June 8, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJECT: Recognition of Village at Single Creek Neighborhood Council – Resolution SUMMARY: Village at Single Creek neighborhood consists of 42 households and is located on Kent’s East Hill. On April 20, 2017, the Village at Single Creek neighborhood council submitted an official registration form to request that the City recognize their neighborhood council and allow the neighborhood to take part in the City’s neighborhood program. The neighborhood has now completed the process to be recognized as a neighborhood council. BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. BUDGET IMPACT: None 49 50 1 Village at Single Creek Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Village at Single Creek Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Village at Single Creek neighborhood consists of forty-two households. D. The Village at Single Creek neighborhood is located on Kent’s East Hill and is situated generally to the east of 132nd Avenue S.E., to the north of S.E. 234th Street, to the west of 130th Avenue S.E. and to the 51 2 Village at Single Creek Neighborhood Council Resolution south of S.E. 236th Place. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On April 20, 2017, the Village at Single Creek Neighborhood submitted an official registration form to request that the City recognize the Village at Single Creek Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Village at Single Creek neighborhood and all those who participated in forming the Village at Single Creek Neighborhood Council. The Kent City Council hereby recognizes Village at Single Creek Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Village at Single Creek Neighborhood Council community building efforts, and confers on the Village at Single Creek Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 52 3 Village at Single Creek Neighborhood Council Resolution SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of June, 2017. CONCURRED in by the mayor of the city of Kent this ______ day of June, 2017. SUZETTE COOKE, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of June, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\NeighborhoodcouncilVillageatSingleCreek 6-12 -17.Docx 53 Exhibit A 4 Village at Single Creek Neighborhood Council Resolution 54 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 8, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Matt Gilbert, Current Planning Manager RE: Multifamily Housing Inspection Program RFP For Meeting of June 12, 2017 SUMMARY: In the 2017-2018 biennial budgets, the City Council authorized funding to develop a Multifamily Housing Inspection Program in 2017. The purpose of this program will be to protect the public health safety and welfare of tenants by encouraging the property maintenance of residential rental housing. With input from stakeholders Code Enforcement published a Request for Proposals in early May, seeking qualified assistance with community outreach and program development. A consultant team headed by Futurewise was selected. The team will also include Living Well Kent and the Safranek Group. The team will work with City staff, beginning with a series of stakeholder and community outreach meetings that will be held this summer and into the fall. Information gathered in these meetings will inform program development, which will take place during the fall and winter of this year. Legislation is expected to be presented to the ECDC and City Council near the end of the year. Consistent with the Council authorized budget amount, this consultant services agreement will not exceed $88,000. This agreement requires authorization by the full City Council. EXHIBITS: Contract BUDGET IMPACT: Yes and approved in the 2017 Budget cc: Ben Wolters, Economic &Community Development Director MOTION: Move to authorize the Mayor to sign the 2017 contract with Futurewise to provide assistance with community outreach and program development for the Multifamily Housing Inspection Program. The contract amount will not exceed $88,000, subject to terms acceptable to the Economic & Community Development Director and City Attorney. 55 56 City of Kent Contract 1 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx CONSULTANT SERVICES AGREEMENT between the City of Kent and Futurewise THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Futurewise, a non-profit, organized under the laws of the State of Washington, located and doing business at 816 2nd Ave, Ste 200, Seattle, WA 98104, 206-343-0681 (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: Multifamily rental housing inspection program services provided to Kent and described in the attached Exhibit A. Not to exceed $88,000 for the year and to expire as of December 31, 2017. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty-Eight Thousand and 00/100 Dollars ($88,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 57 City of Kent Contract 2 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 58 City of Kent Contract 3 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 59 City of Kent Contract 4 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. 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. 60 City of Kent Contract 5 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Christopher Wierzbicki Its: Executive Director DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Christopher Wierzbicki Futurewise 816 2nd Ave, Ste 200 Seattle, WA 98104 206-343-0681 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Matt Gilbert City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5435 (telephone) APPROVED AS TO FORM: Kent Law Department 61 62 EEO COMPLIANCE DOCUMENTS 6 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 63 64 EEO COMPLIANCE DOCUMENTS 7 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. 65 EEO COMPLIANCE DOCUMENTS 8 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 66 EXHIBIT A 9 EXHIBIT A Scope of Work (See following pages) 67 City of Kent Scope of Work: Multifamily Rental Housing Inspection Program Futurewise – Living Well Kent – Safranek Group, LLC Contact Information:  Futurewise – Project Management Lead; Data/Mapping and Program Coordination Contact: Christopher Wierzbicki, Executive Director 816 2nd Avenue, Suite 200, Seattle, WA 98104 Phone: 206-343-0681 Email: Chris@futurewise.org  Living Well Kent – Outreach Coordination Contact: Shamso Issak, Executive Director 10605 SE 240th St, Suite 232, Kent, WA 98031 Phone: 253-457-2964 Email: Shamso.Issak@hotmail.com  Safranek Group, LLC – Program and Policy Advisor Contact: Jim Safranek, Owner 5217 Kensington Place North, Seattle, WA 98103 Phone: 206-632-7918 Email: jim@safranekgroup.com Project Scope The scope of this project is to develop a multifamily rental housing inspection program for the city of Kent that will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of residential rental housing. At a minimum, the program will: ensure that Kent’s rental housing stock meets specific life and fire safety standards; promote compliance with these standards so that the health and safety of tenants is not jeopardized; and increase awareness and sharing of information relating to rental housing standards between existing and future rental property owners, property managers, landlords and tenants. The plan of action for developing the program will involve concurrently investigating and documenting three sources of information:  Input from the renter community obtained through various methods of public outreach and engagement;  Analysis of rental and code enforcement data from the city’s database and other relevant sources; and,  A review of existing rental inspection programs around the region and state. 68 Task 1: Data Analysis – June 12-September 30 As outlined in the attached project schedule, the initial phase of work involves a review of existing data that will help inform the project development. Futurewise will lead this work, with assistance from the city of Kent staff. Relevant data such as rental housing locations, age of housing stock, and history of code violations will obtained from the city and other sources and explored for use in determining program goals and shaping the community engagement effort. Deliverables associated with this element of the work include draft and final maps, and other relevant representations of pertinent data as agreed upon by the City and Futurewise. The development of valuable mapping or other data representations is entirely dependent of the availability and suitability of relevant data. At a minimum, this phase of the work intends to outline the high-level geography of rental housing in Kent, and to ensure that vulnerable populations living in rental housing are involved in the community engagement process. Key Milestone Dates:  Draft Data Summary – August 11;  Final Data Summary – September 15 Task 2: Community Outreach – June 12-September 30 Task 2 of this project involves development of a community outreach and engagement plan, partially based upon the data and mapping results. The intent of this element of the work is to ensure that community concerns are placed at the core of the final program. Living Well Kent (LWK) will lead this work with assistance from the remainder of the project team, and will engage diverse communities of Kent residents to work towards shared outcomes that will make a significant impact on individuals living in unsafe and unhealthy homes in the city of Kent. The outreach will consist of roundtable meetings and forums. Roundtable meetings are smaller, strategic meetings made up of 10-15 LWK community liaisons that will meet bi- weekly or monthly (depending on the need). These smaller group meetings are intended to help outline the larger outreach effort for the 3 larger community-focused forums, and to plan strategies for mobilizing and engaging the larger community. They will also help identify the rental area “hotspots”, and recruit people from specific apartment buildings to participate in forums. During the early roundtable meetings, the group will develop the outreach plan – which will document the process outlined above for review and approval prior to engagement. 69 The 3 Engagement Forums are expected to be held in Kent East Hill, Kent West Hill and Kent Valley, and are targeted to reach 45-60 participants at each meeting, representing diverse communities. We anticipate that there will be approximately 60 Kent residents from diverse communities in each forum, including representatives from communities of low income, immigrant and non-English speaking refugees (Spanish, Somali, Arabic, Swahili, French, Punjabi, Vietnamese, Chin and Burmese.) Resources and support intended to remove barriers to community participation, such as transportation and childcare, will be made available at no cost to residents. A secondary goal of this effort will be to generate a community of advocates that will support the program recommendations during the Council review and approval process. Deliverables associated with this element of the work include a Community Outreach Plan, and an Outreach Summary. Key Milestone Dates:  Draft Outreach Plan – July 14;  Outreach Summary – September 15 Task 3: Policy Research and Program Development – July 1-December 30 Task 3 of this scope of work involves research of existing rental inspection programs (Tukwila, Bellingham, Pasco, etc.), and the development of rental inspection program recommendations based on the previous phases of the work. This work will be performed as a team, with Futurewise, Jim Safranek and HDC performing research and program development roles. The deliverables associated with this element of the work include a draft and final summary of findings on existing programs, and a draft and final rental inspection program outline. The team anticipates that the city of Kent staff will play a significant role in defining the shape of the final program, which will be based upon their implementation capacity. The final program recommendations will take the form of legislation that can be reviewed and approved by the Kent City Council. Both the landlord and tenant community will have reason to be concerned about the program, which are likely to be voiced throughout the duration of the project. Landlords will be concerned about the cost of inspections, and the cost of compliance. Tenants are likely to voice skepticism that the program will address their issues, and will also be concerned about the potential for rising rents once the units are brought into compliance. The project team will document all of the comments, concerns, and suggestions voiced at community meetings, in an attempt to represent a well-balanced summary for use in the program development. 70 However, the team’s focus – with the city staff’s consent, is to develop a program that addresses safety issues, preserves quality of life, and preserves affordability for vulnerable rental populations in Kent. Key Milestone Dates:  Draft Policy Findings – September 29;  Final Policy Findings – October 20;  Draft Policy – November 3  Final Policy – November 17  Presentation to City Council – December TBD Project Management Futurewise will act as the project lead, coordinating internal meetings of the project team, monthly meetings with city staff, ensuring timely completion of deliverables, and managing the invoicing process. The timeline and deliverables are anticipated to be modified as the project progresses, with input from the city and the project team. This scope of work does not propose to ensure that the developed legislation will be approved by the Kent City Council, nor does it include implementation of the rental inspection program, including but not limited to: developing a program website; creating forms or work flows for inspection processes; analyzing resources necessary for implementing the program; developing program messaging for the public or targeted audiences, etc. 71 Proposed Project Budget Expense Item Amount Notes Futurewise staff $37,500 (fixed) Project management; data and mapping coordination Living Well Kent staff $20,000 (fixed) Outreach coordination Safranek Group, LLC $12,000 (not to exceed) Policy and program technical support; building code expertise Community Support $2,500 (not to exceed) Support for community member engagement (travel, childcare, food and drink expenses) Consultant Services $3,500 (not to exceed) Translation; graphic assistance Supplies $2,000 (not to exceed) Facility rental (if necessary); meeting materials; printing Travel $2,500 (not to exceed) City meetings; outreach meetings Contingency $8,000 (not to exceed) 10% of contract value Total $57,500 Fixed $30,500 (not to exceed)* HDC Staff Donated Hours $9,600 Approximate value of donated staff hours *The project team, working in consultation with the city of Kent staff, may come to agreement that not to exceed line items may be interchangeable if documented and agreed upon in writing prior to expenditure. Invoices will be submitted monthly. 72 EXHIBIT B 10 EXHIBIT B Insurance (See following pages) 73 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 6/1/2017 JD Fulwiler & Co. Insurance, Inc. 5727 SW Macadam Ave PO Box 69508 Portland OR 97239 Bari Smith (503)293-8325 (503)293-5418 bsmith@jdfulwiler.com Futurewise, Inc. 816 Second Avenue, Suite 200 Seattle WA 98104 Alliance of NonProfits for Ins 10023 16/17 A X X X 201614010 8/20/2016 8/20/2017 1,000,000 500,000 20,000 Excluded 2,000,000 2,000,000 Liquor Liability 1,000,000 A X X 201614010 8/20/2016 8/20/2017 Non-owned 1,000,000 A (Wa Stop Gap) 201614010 8/20/2016 8/20/2017 1,000,000 1,000,000 1,000,000 A Social Services 201614010 8/20/2016 8/20/2017 Aggregate Limit 1,000,000 Professional Liability Each Occurrence Limit 1,000,000 All operations of the named insured subject to policy terms, conditions and exclusions. Bari Smith/BARI * Informational Only * 74 75 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS CG 20 12 04 13 2016-14010 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". A. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Any state or political subdivision that issues a permit or authorization to the named insured. © Insurance Services Office, Inc., 2012 Page 1 of 1CG 20 12 04 13 76 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS CG 20 37 04 13 2016-14010 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and A. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 2CG 20 37 04 13 77 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 2 of 2CG 20 37 04 13 78 POLICY NUMBER: 2016-14010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II – WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the “products-completed operations hazard” or for liability arising out of the sole negligence of that public entity. A. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to “bodily injury” or “property damage” occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of “your work” out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. B. The following is added to SECTION III – LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or D. Page 1 of 2ANI-RRG-E61 12 15 79 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)’ own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for “your work”; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for “property damage” to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, “autos” or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products- completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any “suit” if any other insurer has a duty to defend the additional insured(s) against that “suit”. If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2ANI-RRG-E61 12 15 80 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 7, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Matt Gilbert, Current Planning Manager RE: Development Fee Increase Implementation Update For Meeting of June 12, 2017 SUMMARY: In late 2016, the City Council approved increases to Kent’s permitting and inspection fees. Staff will present an update on implementation of these fees. EXHIBITS: None BUDGET IMPACT: None MG:pm P:\Planning\ECDC\2017\4-10-17\DevFeeIncrease_ECDCMemo.doc cc: Ben Wolters, Economic and Community Development Director Charlene Anderson, Long Range Planning Manager MOTION: None – Information Only. 81 0 20 0 40 0 60 0 80 0 10 0 0 12 0 0 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 84 6 91 9 84 9 88 1 10 2 3 98 7 Ci t y o f K e n t A l l I s s u e d P e r m i t s 82 010203040506070 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 66 61 43 37 42 63 Ci t y o f K e n t S i n g l e F a m i l y R e s i d e n c e P e r m i t s 83 050 10 0 15 0 20 0 25 0 30 0 35 0 40 0 20 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 28 4 30 9 26 8 31 4 37 0 39 4 Ci t y o f K e n t O n l i n e P e r m i t s 84 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 8, 2017 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Danielle Butsick, Long-Range Planner/GIS Coordinator RE: S 180th Street Zoning Code Amendment Request For Meeting of June 12, 2017 SUMMARY: At the April 10, 2017 Economic and Community Development Committee meeting, a member of the public submitted a request to the committee to consider zoning districts map or code amendments to allow a maximum height of 195 feet, reduced parking requirements for condominiums and hotels (0.75 spaces per unit, and 8- foot lengths), and zero lot line setbacks with a fee in lieu of landscaping for properties at E Valley Highway and S 180th Street. The committee requested that staff research recent examples of this type of development, referenced by the individual providing public comment. The most relevant and timely example is the Washington Place building in Tukwila; this building has a more comparable context to the properties in Kent for which the zoning code amendments were requested than do other examples in cities such as Seattle and the Bay Area. At the June 12 meeting, staff will present research findings related to the request, and recommend to the committee a process by which the requested amendments could take place. The Washington Place Building, partially funded by EB5 dollars, is a 19-story high- rise with square footage of over 520,000 including parking. Its uses include surface and underground parking (333 spaces in 4 underground stories, 202 surface spaces), apartments (370 units), hotel (185 rooms), and 3,000 square feet of retail. It is in the TUC-TOD zoning district in Tukwila, which encourages dense, transit-oriented development. At the time of vesting, the maximum allowed height in this district was 115 feet. The additional height of 190 feet was determined through a 1-year development agreement process, which required a public hearing and formal adoption by the Tukwila City Council. The City of Tukwila was undergoing a subarea planning process for the Southcenter area at the time the developer submitted the proposal for the Washington Place project. The new vision for the area was to encourage increased mixed use and residential development. The City of Tukwila ultimately issued a Supplemental EIS for the Southcenter Subarea Plan, and all development determined to be consistent with the plan could proceed without undergoing a separate SEPA analysis. The Washington Place proposal, however, was received and reviewed prior to the issuance of the Supplemental EIS, so the developer was required to submit a SEPA MOTION: None. Information Only. 85 application. The SEPA responsible official for the City of Tukwila issued a Determination of Non-Significance. This differs from Kent in that no subarea planning process has been undertaken for the S 180th Street corridor, nor is it currently on the ECD work plan. Prior to June 1, 2017, the zoning for the properties on S 180th Street was GC, which allows a maximum height of 35 feet, with additional stories conditionally allowed through the ECD Director or Land Use and Planning Board. However, on May 2, 2017 the Council adopted an ordinance approving a docket item to amend the Comprehensive Plan Land Use Plan Map to Mixed Use and the Zoning Districts Map to General Commercial-Mixed Use (GC-MU). The GC-MU zoning district allows a maximum height of 65 feet. The ordinance was effective on June 1, 2017. Other areas in Kent where there is either no height limitation or a height limit similar to the requested height of 195 feet are in the Downtown and Midway areas for which subarea planning processes were undertaken, and Environmental Impact Statements prepared. The S 180th Street corridor forms Kent’s border with the City of Renton. Adjacent properties in Renton to the north are zoned Commercial Arterial, with a maximum height of 60 feet for mixed use that includes residential, and with an option to increase height with a conditional use permit. Properties to the east are in the Commercial Office zoning district, with a maximum structure height of 250 feet. Due to the extent of divergence from the existing zoning and current development in the area, this rezone would best be undertaken by a joint subarea planning effort with the City of Renton to determine the cities’ collective vision for future development in the corridor. It should include broad community outreach in both cities. The subarea plan process would also include an amendment to Kent’s Comprehensive Plan and likely an Environmental Impact Statement evaluating potential traffic and other impacts in the area. Kent’s most recent subarea planning processes are the Downtown Subarea Action Plan (DSAP) update in 2012 and the Midway subarea planning process in 2007. The DSAP took roughly 18 months to complete, and consultant costs were $90,000. The Midway subarea plan, a multi-jurisdictional effort, began in early 2008 and concluded in 2011; it cost the city $46,000 in consultant fees. The EIS for the Midway Planned Action Ordinance and Comprehensive Plan update cost an additional $150,000. This range of costs and timelines is roughly representative of the resources necessary for a new subarea plan process. This is currently not on the department’s work plan or in the department budget. EXHIBITS: None BUDGET IMPACT: None S:\PUBLIC\City Clerk's Office\City Council\Council Committees\Economic and Community Development Committee\2017\Pkt Documents\6-12-17\180th Rezone\S180thZCAReq_EDCMemo_Final.doc cc: Ben Wolters, Economic &Community Development Director P:\Planning\ECDC\ 86