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Home My WebLink AboutCity Council Meeting - Council - Agenda - 2/21/2017adccW15902 CITY OF KENT Council MeetingAgenda Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas February 21, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS February 21, 2017 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ******************************************************************** COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time B&O Tax Update (Threshold v. Exemption) Barbara Lopez 40 min Parks, Recreation and Community Services Accomplishments and Work Plan Update Julie Parascondola 40 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Mayoral Proclamation – “Kent is a Welcoming City” D. Appointment to Bicycle Advisory Board E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, “Public Comments,” on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop – Approve B. Payment of Bills – Approve C. Excused Absence of Councilmember Ralph – Approve D. Excused Absence of Councilmember Thomas - Approve E. Appointment of Dmitriy Zhuravel to the Bicycle Advisory Board - Confirm F. Microsoft Product Licensing – 2017 Enterprise Agreement - Authorize G. South 212th Street Erosion Repairs – Accept as Complete H. Budget Certification for Annexation Sales Tax Credit Resolution – Adopt I. December 2016 Supplemental Budget Adjustment Ordinance – Adopt J. 2016 Paint Line Striping/RPM Replacement and South 208th Street Permanent Signing – Accept as Complete K. 2016 Plastic Markings – Accept as Complete L. Transportation Improvement Board Complete Streets Grant – Accept M. Permit Fees Revisions –Resolution – Adopt 8. OTHER BUSINESS A. Riverbend Gateway Development Update – Information Only 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1-800-833-6388. COUNCIL WORKSHOP 1) B&O Tax Update (Threshold v. Exemption), Barbara Lopez 2) Parks and Recreation 2017 Work Plan, Julie Parascondola This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Mayoral Proclamation – “Kent is a Welcoming City” D) Appointment to Bicycle Advisory Board E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PROCLAMATION _________________________________________________________________ Whereas, In 1890, six months after the State of Washington was founded, Kent, with a population of 793, was the second city to incorporate in King County, and was named after Kent County, England; and Whereas, Since Kent’s founding 126 years ago, we have welcomed residents from all walks of life and from all around the world, people who have built this city into the sixth largest city in the state with over 125,000 residents speaking 138 languages; and Whereas, Kent has adopted the brand, “Bringing the World Home,” and promotes policies and programs to foster inclusion for all, regardless of their race, creed, color, national origin, religion, immigration status, age, mental or physical ability, sex, sexual orientation, gender expression or identity, marital status, parental status, or socio-economic status; and Whereas, This City’s prosperity as the fourth largest distribution center in the United States is built on commerce with international ties; and Kent’s aerospace and manufacturing strength is led by scientists, engineers and trades people whose vision embraces not only connecting the world, but connecting people through outer space; and Whereas, The Kent City Council adopted a vision for Kent as a safe, connected and beautiful city, culturally vibrant with richly diverse urban centers; and is dedicated to building a thriving, sustainable and inclusive community through innovative leadership, inspired teamwork and unwavering devotion to responsibly advancing our quality of life; and Whereas, All residents, employees and visitors in Kent deserve a safe environment, free from hate, discrimination and harassment; however, if anyone feels personally threatened or unsafe, they should call 911 for immediate assistance; and anyone who witnesses someone being harassed or bullied, or a hate crime being committed, is also asked to call 911; and Whereas, The safety of all of Kent’s residents is our city’s top priority; a person’s right to file a police report, participate in police-community activities, or otherwise benefit from police services is not contingent upon citizenship or immigration status; and no person should be afraid to call 911 for fear their residency will be questioned, because Kent’s police and public employees do not ask a person’s immigration status unless they’ve committed a crime that results in them being arrested and booked in jail, in which case officers follow procedures from the 1969 Vienna Convention on the Law of Treaties. NOW, THEREFORE, I, Suzette Cooke, Mayor of Kent, Washington, do hereby re-affirm Kent is a Welcoming City And encourage all residents, businesses, civic groups and others to express their support for our richly diverse community. Dated this 21st day of February, 2017. Suzette Cooke Bill Boyce Mayor Council President This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through M. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular council meeting of February 7, 2017. This page intentionally left blank. Kent City Council Workshop February 7, 2017 Minutes Kent, Washington Approval Pending Page 1 of 1 Date: February 7, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Agenda: 5:04 p.m. Council President Boyce called the meeting to order Changes to the Agenda Item 2. Vesting of Land Use Regulations was removed from the agenda. 1. Puget Sound Gateway Update (SR167/SR509) Kelly Peterson, City of Kent Environmental Conservation Manager gave a brief overview of the project. Craig J. Stone, PE, Gateway Program Administrator, gave a presentation on the Puget Sound Gateway Program SR 167 and SR 509 completion projects, including reviewing the context for the program, providing history of SR 509/SR 167, Connecting Washington project highlights, Puget Sound Gateway Program funding, legislative direction, Puget Sound Gateway progress, program schedule to endorse construction and implementation plan, scenario refinement progress, SR 516/Veterans interchange, preliminary gateway construction staging, and detailing the Gateway phasing. Craig provided details regarding the proposed contributions from local jurisdictions and private organizations, in addition to details on proposed tolls and the required legislative action in order to implement tolls. Details regarding various federal grants that are available to help fund this project. Councilmembers expressed concern over the recent request from the legislature via Connecting Washington for local jurisdictions to commit to a local match for the project. A commitment has been requested by April, 2017. The meeting concluded at 5:52 p.m. Kimberley A. Komoto City Clerk February 7, 2017 This page intentionally left blank. Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 1 of 10 Date: February 7, 2017 Time: 7 p.m. Place: Council Chambers East/West Attending: Suzette Cooke, Mayor Bill Boyce, Council President Jim Berrios, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:02 p.m., with Mayor Cooke presiding. 2. Roll Call Councilmember Budell had an excused absence, all other councilmembers were present. 3. Changes to the Agenda Derek Matheson added item 4.C.2 Proclamation for African American History Month and Consent item 7.M an excused absence for Councilmember Budell. 4. Public Communications A. Public Recognition: Presentation of James Farrell Award of excellence to City of Kent for 12A Western National Tournament Julie Parascondola, Parks Director, introduced the James Farrell Award. She conveyed that annually, the City’s Parks and Recreation Department hosts 64 softball/baseball tournaments that includes over 1,220 teams, 2,235 games and thousands of families, participants and spectators enjoying the City’s facilities. She personally recognized and expressed her appreciation for the Parks staff team for their hard work and dedication. Specifically, she recognized David Heldt, Program Coordinator for the Recreation Division, Brian Saw, Dwight Rodarme, Maintenance and Shane Sehlin, from Parks Operations. Julie indicated that the ASA/USA Softball selected the 12A Western National Girls Fastpitch Tournament to receive this award. Mike Rabin, Seattle Metro ASA/USA Softball Commissioner presented the award to the City. Mike indicated that one of the reasons that Kent received this award is in part due to the high quality of maintenance of the facilities. Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 2 of 10 This award helped Kent win the bid for the 2017 16A US Softball National Championship. Mike indicated that this event will have a significant economic impact for Kent. Councilmember Ralph recognized the Kent Lutheran Church for opening a day center for the homeless population on February 6th. She thanked City staff for their hard work during yesterday’s snow event. Councilmember Higgins recognized Martin Sortun Elementary, along with Principal Gregory Kroll, for its recent award as one of 100 national Title 1 distinguished schools in the entire country. These are schools have successfully used Title 1 federal funds to improve the education of economically disadvantaged students. B. Arts Commission – Recognition of the Community Recipients of Annual Funding Program Ronda Billerbeck, Program Manager for the Parks, Recreation and Community Services Department, Community Arts Support Program provided details regarding the Annual Funding Program. Ronda indicated that the Arts Commission provides financial support for arts projects in Kent and is designed to allow, encourage, develop and support cultural arts programs that benefit the general public. This program allows the City to grow the arts program in Kent. Ronda recognized the Arts Commission members for their hard work and dedication. Rainier Youth Choirs – Funds will be used for summer choir camp that will serve approximately 80 students in third through ninth grades that will include a public performance. KidsQuest Children’s Museum – Funds will be used for the Science of Art program. Free monthly workshops that will run for seven months will be held at the Kent Library. The Kent Senior Activity Center – Funds will be used for the Kent Music and Art Showcase to be held on June 29th. Rainier Chorale – Funds will be used to support their 2017 concert season that includes a master works concert in April and their holiday concerts in December. Kent Downtown Partnership – Funds will be used for the Art Night and Walk events held monthly on the third Thursday. The events include exhibits, music, activities and a variety of demonstrations throughout downtown Kent. C. Proclamation for Children’s Dental Month Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 3 of 10 Wendy Dore from the University of Washington Center for Pediatric Dentistry, accepted the proclamation for Children’s Dental Health in addition to providing the benefits of preventative and restorative dental health care. Bartell and the Healthy Smiles, Health Children Foundation of the American Academy of Pediatric Dentistry, along with Oral B and Sensodyne are sponsoring full preventative care for 115 children at the University of Washington School of Pediatric Dentistry. C.2 Proclamation for African American History Month Gwen Allen-Carston, Executive Director of the Kent Black Action Commission, accepted the proclamation for African American History Month in addition to providing some history on African American History Month. D. Appointments to Arts Commission Mayor Cooke requested that the appointees to the Arts Commission speak conveying their desire to serve on the board. Colleen Maloney provided the council with reasons that she is interest in serving as a member of the Arts Commission in addition to conveying her love of both volunteering and expressing her opinion. Emily Taskey, a senior at Kent Meridian High School, provided the council with reasons that she is interest in continuing to serve as the youth member of the Arts Commission including having the opportunity to be a voice for students. E. Reappointments to Human Services Commission Mayor Cooke requested that the appointees to the Human Services Commission speak conveying their desire to serve on the board. Mike Heinisch, Executive Director of Kent Youth and Family Services, provided the council with reasons that he is interest in continuing to serve on the Human Services Commission. He expressed his respect and appreciation of the decisions made by the commission. Bill Hallerman, the Agency Director for Catholic Community Services of King County, provided the council with reasons he is interested in continuing to serve as a member of the Human Services Commission, including his desire to continue to support the work of the commission that is a vibrant part of the community. F. United Way of King County Free Tax Preparation Campaign Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 4 of 10 Jenny Walden, Financial Stability Program Manager at United Way of King County and Stevie Kimmet, MSW Intern at the Financial Stability Programs at United Way of King County, presented information on the free tax preparation campaign. The Kent site is located at the Kent Public Health Center, Kent Hill Plaza Shopping Center 25742 104th Ave SE. G. Community Events Council President Boyce provided details on past and upcoming events at the ShoWare Center and encouraged everyone to attend and event at the ShoWare Center. Council President Boyce advised that the Kent Black Action Commission will meet on February 18, 2017, from 3:00 – 5:30 p.m., and will be held at the Kent Commons. Councilmember Ralph indicated that the Kent Arts Commission Spotlight Series show on February 21st will be the Irish Rovers with We Banjo 3, and will be held at the Kentwood Performing Arts Center. Councilmember Fincher advised of the multiple events at the Kent Senior Center. Additionally, she encouraged everyone to visit KentCreates.com, to view the art show that runs through March 31st. H. Economic and Community Development Report Ben Wolters, Director of Economic and Community Development, provided information regarding the Sound Transit light rail extension, in addition to advising that Sound Transit will host an open house on February 8th regarding 2nd garage. Ben provided detailed information regarding the Kent valley’s overall vacancy rates. Information was presented regarding the status of the Brownfield studies at the Maralco site and Cancer Care Site. Ben highlighted innovation in Kent including the work being done by Qi2. Information was presented regarding recent projects to fill vacancies in shopping centers on the East Hill, including the possibility of opening a King County library in the Panther Lake area. I. Intergovernmental Reports Council President Boyce serves on the Sound Cities Association Board and their next meeting is February 8, 2017. Councilmember Higgins serves on the King County Regional Transit Board. The January meeting agenda included setting the 2017 work plan including a safety management overview for King County Metro Transit and an overview of service Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 5 of 10 change process. The board discussed Metro’s parking initiatives in addition to last mile services and the potential to partner with Lyft and Uber to get people to and from transit hubs. Councilmember Berrios serves on the Puget Sound Regional Council Economic Development Committee that is currently working on the regional strategic plan. The board discussed goals and strategies and how they will benefit Kent. Another meeting is scheduled for February 8, 2017. Councilmember Ralph attended the regional Law, Safety and Justice committee meeting where the topic of Seattle’s implementation of their gang model entitled “Seattle Link Leadership Intervention and Change.” Councilmember Ralph serves on the Sound Cities Association board that participated in a training last week as a panel member. Councilmember Fincher also sits on the Mental Illness and Drug Dependency Oversight Committee’s name has been changed by the King County Council to the Mental Illness and Drug Dependency Advisory Committee. Councilmember Fincher provided updates on recent changes to members of the committee. Councilmember Fincher sits on the King Conservation District Board. She is missing their meeting that is taking place today. 5. Public Hearing None 6. Public Comment Erik de Klerk requested the council reconsider a low frequency FM radio station and offered to partner with the city. Charmaine Kauth expressed her concerns over the condition of 111th Ave S.E. and requested the city make improvements to the storm drains and make street improvements. Jack Etheredge expressed his main concern is regarding the safety of 111th Ave S.E. He requested the city install sidewalks and cover the ditches. Suzette Trillana expressed her concern over the new construction on 111th Ave S.E. and the drainage problems that will affect her property. Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 6 of 10 Tim Clark from the Kent Historical Museum thanked the City Council for their support and funding of an executive director for the museum. Tim gave a presentation on the history of the interurban railroad. Barbara Smith, Executive Director of the Kent Downtown Partnership, provided information regarding the penguin art in downtown. She indicated the contest to name the penguins resulted in the father penguin named Titus and the son named Hops. The penguins were created by Greg Bartol, a welding instructor with Green River College. The next project will be the creation of dragonflies that will be placed throughout Kent. David Steele, an attorney with the law firm Perkins Coie, spoke on behalf of his client Gull Industries, expressed his concern over the proposed condemnation ordinance regarding properties located along 228th Street. Mr. Steele provided the council with three drawings and requested the City consider implementing the third option that provides for and access point from the north. Tim (T.J.) Petersen expressed his concern that the City’s cold weather shelter was not open. 7. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through M, seconded by Councilmember Thomas. The motion passed unanimously 6-0. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the workshop and regular council meeting of January 17, 2017, were approved. B. Approval of Bills Bills received through Dec. 31, 2016 and paid on Nov. 30 and Dec. 31, 2016 after auditing by the Operations Committee on Jan. 17, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/2016 Wire Transfers 6916 - 6932 $2,020,454.02 11/30/2016 Regular Checks 709515 - 710112 $3,444,885.17 11/30/2016 Payment + $93,044.55 Void Checks ($0.00) 11/30/2016 Use Tax Payable $3,302.85 $5,561,686.59 Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 7 of 10 Approval of checks issued for payroll for Dec. 1 through Dec. 15 and paid on Dec. 20, 2016: Date Check Numbers Amount 12/20/2016 Checks $0.00 Voids and Reissues 12/20/2016 Advices 378876 - 379692 $1,507,507.33 $1,507,507.33 Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/2016 Wire Transfers 6933 - 6948 $2,345,338.28 12/31/2016 Regular Checks 710113 - 710585 $3,650,384.56 12/31/2016 Payment + $71,750.30 Void Checks ($240.38) 12/31/2016 Use Tax Payable $2,966.29 $6,070,199.05 Approval of checks issued for payroll for Dec. 16 through Dec. 31 and paid on Jan. 5, 2017: Date Check Numbers Amount 1/5/2017 Checks $0.00 Voids and Reissues 1/5/2017 Advices 370323 - 371211 $1,516,111.48 $1,516,111.48 C. Appointments to Arts Commission – Confirm Council confirmed appointment of Colleen Maloney to the Kent Arts Commission for a four-year term, along with reappointment of youth representative, Emily Taskey, for an additional one-year term. D. Reappointments to Human Services Commission – Confirm Council confirmed Mayor Cooke’s reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for additional three- year terms. E. 2016 Fourth Quarter Fee-in-Lieu Funds - Accept Council accepted $68,887.50 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Clark Lake Park, Chestnut Ridge Park and Morrill Meadows Park. Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 8 of 10 F. Armstrong Springs Motor Control Center and Generator Upgrades – Accept as Complete The Mayor was authorized to accept the Armstrong Springs Motor Control and Generator Upgrades project as complete and release retainage to SCF General Contractors, LLC upon receipt of standard releases from the state and the release of any liens. G. 2016 Guardrail Repairs – Accept as Complete The Mayor was authorized to accept the 2016 Guardrail Repairs project as complete and release retainage to Petersen Brothers Inc. upon receipt of standard releases from the state and the release of any liens. H. 76th Avenue S. Storm Drainage Improvements – Accept as Complete The Mayor was authorized to accept the 76th Avenue S. Storm Drainage Improvements project as complete and release retainage to Accord Contractors, upon receipt of standard releases from the state and the release of any liens. I. Soos Creek Water & Sewer District Water Service Boundary Adjustment Agreement – Authorize The Mayor was authorized to sign the water service area boundary adjustment agreement between the City of Kent and Soos Creek Water and Sewer District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Preserve at East Hill Final Plat – Approve Council approved the final plat maps for The Preserve at East Hill Final Plat and authorizes the Mayor to sign the final plat maps. K. Federal Grants Signing Authority Ordinance - Adopt Ordinance No. 4235 was adopted, amending Chapter 3.70 of the Kent City Code to clarify the signing authority granted to department directors and the Mayor concerning contract amendments, change orders, and grant reimbursement requests. L. 228th St./UPRR Grade Separation Project – Condemnation Ordinance – Adopt Ordinance No. 4236 was adopted, authorizing the condemnation of property or property rights necessary to construct the S. 228th St. Union Pacific Railroad Grade Separation Project. 8. Other Business None 9. Bids A. 80th Avenue South Pavement Rehabilitation Project – Award Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 9 of 10 Councilmember Higgins moved to award the 80th Avenue South Pavement Rehabilitation Project to TITAN Construction LLC., in the amount of $1,432,704.90, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Tim LaPorte made a correction indicating the contractor should be TITAN Earthwork LLC. Councilmember Higgins moved to amend his motion to award the 80th Avenue South Pavement Rehabilitation Project to TITAN Earthwork LLC., in the amount of $1,432,704.90, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. The amendment passed unanimously by a vote of 6-0. The amended motion passed unanimously by a vote of 6-0. 10. Reports from Standing Committees, Council and Staff Council President – Boyce provided a recap of today’s workshop regarding the Pacific Gateway program. He also provided details on the City Council retreat that took place on February 4, 2017, that included discussions regarding marijuana policy, parks system sustainable funding, placemaking and housing, homeless and social services. Mayor – Mayor Cooke congratulated Ken Langholz, City of Kent Engineering Supervisor on being February’s employee of the month. Mayor Cooke also advised that she will be attending the Association of Washington Cities Board meeting next week and will attend legislative action days in Olympia. She also indicated that Kent’s International Festival “Meet and Treat” for vendors and sponsors will be held in the next couple of weeks Administration – Derek Matheson expressed his appreciation for the effective response of city staff during the snow event and to Michelle Wilmot and the communications team for their work in getting the word out on social media. Executive session to discuss property negotiations is expected to take 45 minutes. His report is included in the packet Economic and Community Development – Council President Boyce indicated there is no report and the next meeting is scheduled for February 13th. Kent City Council Regular Meeting February 7, 2017 Minutes Kent, Washington Approval Pending Page 10 of 10 Operations – Councilmember Ralph provided details of today’s Operations Committee including the Panther Lake Sales Tax Credit certification. Parks and Human Services – Councilmember Fincher provided information regarding fee-in-lieu funds received in addition to funds received from the fourth quarter contributions in forms of cash, service, and sponsorships. The Committee also discussed youth opportunities in the City. February 27 – March 3, 2017, the senior center will be closed for the installation of new carpets and tile. Reservations for renting parks facilities are now available. Public Safety – Councilmember Berrios conveyed that the next meeting is scheduled for February 14, 2017. Public Works – Councilmember Higgins advised that the regular meeting of February 6, 2017, was cancelled, the next regular meeting on February 20, 2017, will be cancelled since it falls on the holiday, and a special meeting is scheduled for February 13, 2017. Puget Sound Regional Fire Authority – Councilmember Thomas indicated he was elected as the Chairman for 2017. The next meeting is scheduled for 5:30 p.m. on February 22, 2017, to be held at fire station 78. 11. Executive Session and Action after Executive Session A. Property Negotiations, as per RCW 42.30.110(1)(b) and (c) The Council went into executive session at 9:08 p.m. At 9:54, executive session was extended an additional 15 minutes. At 10:12, executive session was extended an additional 10 minutes. Council reconvened at 10:31 p.m. At 10:31 p.m., Mayor Cooke declared the meeting adjourned. Kimberley A. Komoto City Clerk February 7, 2017 Agenda Item: Consent Calendar 7B_ 7B. Approval of Bills: Approval of payment of the bills received through Jan. 15, 2017 and paid on Nov. 30, 2016 and Jan. 15, 2017 after auditing by the Operations Committee on Feb. 7, 2017. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/2016 Wire Transfers 6897 - 6915 $1,902,177.15 11/30/2016 Regular Checks 709239 - 709514 $3,552,700.84 11/30/2016 Payment + 100069 - 100091 $63,335.86 Void Checks ($145.93) 11/30/2016 Use Tax Payable $1,846.37 $5,519,914.29 Approval of checks issued for payroll for Nov. 16 through Nov. 30 and paid on Dec. 5, 2016: Date Check Numbers Amount 12/5/2016 Checks 336839 $45.46 Voids and Reissues 12/5/2016 Advices 378058 - 378875 $1,945,465.66 $1,945,511.12 Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/2017 Wire Transfers 6949 - 6967 $2,821,137.82 1/15/2017 Regular Checks 710586 - 710887 $1,540,228.17 1/15/2017 Payment + $35,778.88 Void Checks ($0.00) 1/15/2017 Use Tax Payable $5,016.14 $4,402,161.01 Approval of checks issued for payroll for Jan. 1 through Jan. 15 and paid on Jan. 20, 2017: Date Check Numbers Amount 1/20/2017 Checks $0.00 Voids and Reissues 1/20/2017 Advices 380504 - 381339 $1,770,711.04 $1,770,711.04 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: February 21, 2017 SUBJECT: Excused Absence of Councilmember Ralph – Approve SUMMARY: Councilmember Ralph is unable to attend the City Council Meeting of February 21, 2017. RECOMMENDED BY: Mayor Cooke YEA: N/A NAY: N/A BUDGET IMPACTS: None MOTION: Approve an excused absence for Councilmember Ralph as she is unable to attend the City Council meeting of February 21, 2017. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: February 21, 2017 SUBJECT: Excused Absence of Councilmember Thomas – Approve SUMMARY: Councilmember Thomas is unable to attend the City Council Meeting of February 21, 2017. RECOMMENDED BY: Mayor Cooke YEA: N/A NAY: N/A BUDGET IMPACTS: None MOTION: Approve an excused absence for Councilmember Thomas as he is unable to attend the City Council meeting of February 21, 2017. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: February 21, 2017 SUBJECT: Appointment to Bicycle Advisory Board - Confirm SUMMARY: Confirm the appointment of Dmitriy Zhuravel to the Kent Bicycle Advisory Board for two-year term ending October 31, 2019. Dmitriy Zhuravel resides on the East Hill of Kent and is currently employed as an Office Administrator for Spring Lake Station in Auburn. Dmitriy grew up cycling, often riding from Kent to Covington and back. While he does not cycle as frequently now, his interest in bicycles and bicycle safety remain. His desire to give back to his community through service on a city board or commission, and his interest in cycling, make him a perfect fit for the Bicycle Advisory Board. It is my pleasure to recommend Dmitriy Zhuravel for appointment to the Kent Bicycle Advisory Board. EXHIBITS: None RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None MOTION: Confirm Mayor Cooke’s appointment of Dmitriy Zhuravel to the Kent Bicycle Advisory Board for a two-year term. This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: February 21, 2017 SUBJECT: Microsoft Product Licensing – 2017 Enterprise Agreement – Authorize SUMMARY: The City has a number of Microsoft software products that are licensed throughout our fleet of desktop, laptop computers, mobile devices and servers that are covered under an Enterprise Agreement (“EA”). The EA is renewable for three (3) years through a Value Added Reseller (“VAR”). The enrollment for the Microsoft product licensing for the City of Kent is covered under the WA State Vendors Enterprise Agreement. This enrollment covers the time frame of 06/01/2017 – 06/01/2020. The current required amount of $367,106.02 is covered in the Council approved 2017-2018 biennial budget cycle. Information Technology staff will be available to answer any questions the committee might have on this topic. EXHIBITS: 1. SoftwareOne quote 2. Volume Licensing Previous Enrollment Agreement Form 3. Volume Licensing Program Signature Form 4. Volume Licensing Enterprise Enrollment State and Local Form RECOMMENDED BY: Operations Committee YEA: Boyce, Thomas, Ralph NAY: BUDGET IMPACTS: Council approved the 2017 IT Operating Budget allocation which adequately covers the associated 2017-2018 cost. Consideration for the remaining one year will be requested as part of the 2019-2020 budget cycle. MOTION: Authorize the Mayor to execute all documents necessary to enter into a three-year contract with SoftwareOne, the reselling agent for Microsoft Inc., in the amount not to exceed $367,106.02, to renew the Microsoft Enterprise Software Agreement, and to ratify all acts consistent with this motion, subject to final terms and conditions acceptable to the IT Director and City Attorney. This page intentionally left blank. Quoted to:City of Kent Date 1/12/2017 MS EA renewal Quantity Part #Description Unit Price Ext. Price 900 AAA-11982 SPE E3 GOV ShrdSvr ALNG SubsVL MVL PerUsr 311.40$ 280,260.00$ $25.95 per user per month x 12 -$ 900 3GU-00001 O365ATPGOV ShrdSvr ALNG SubsVL MVL PerUsr 18.72$ 16,848.00$ $1.56 per user per month x 12 -$ 2 395-02504 ExchgSvrEnt ALNG SA MVL 653.81$ 1,307.62$ 2 312-02257 ExchgSvrStd ALNG SA MVL 114.31$ 228.62$ 4 7JQ-00343 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 2,218.84$ 8,875.36$ 12 77d-00111 VSProwMSDN ALNG SA MVL 303.47$ 3,641.64$ 130 6VC-01254 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 21.38$ 2,779.40$ 80 9GS-00735 CISSteDCCore ALNG LicSAPk MVL 2Lic woWinSvrLic CoreLic $266.45 21,316.00$ Processor changed to cores 10 x 16 cores minimum = 160/2 core licenses -$ -$ -$ -$ -$ -$ -$ -$ -$ Product-total 335,256.64$ Sub-Total 335,256.64$ 9.50 Tax 31,849.38$ Shipping No Charge Quoted by Monte Hunter, Software One, 20875 Crossroads Circle Ste 1, Waukesha, WI 53186-4093 Software Quote Phone 503-330-3172, monte.hunter@softwareone.com Important: Please provide the email address of the recipient designated to receive a Software One "order confirmation" Total 367,106.02$ Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third party software products provided by Software One) shall be provided as a pass-through from the manufacturer of such products. All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment. Software One provides no independent warranties, indemnities or liabilities. Public Sector Disclosure: Software One may receive incentive fees for public sector EA transactions. !r Microsoft Volume Licensing Previous E n roll ment(s)/Ag reement(s) Form Entity Name: City of Kent Gontract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, lnstitution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (nof the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring EnrollmenUAgreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring EnrollmenUAgreement with SA or Online Services in the appropriate fields of the new contract. Standard Enrollment 7289118 En roll ment/Ag reement/ Purchasing Account/Affiliate Registration Description En rollment/Ag reement/ Purchasing Account/Affi liate Registration Public Customer Number Transfer SA Benefit Contact Transfer MSDN Subscribers PrevEnrAgrForm(WW)(ENG )(Ap120 r 6)Page 1 of 1 !r tvticrosoft Program Signature Form Volume Licensing MBA/MBSA number Agreement number 01 E73965 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, 'Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, lnstitution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate si as of the effective date identified below Bysigning below, Customerand the MicrosoftAffiliate agreethat both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. * indicates required field E Enrollment nd x20-1 0634 Contract Document Number or Code Name of Entity (must be legal entity name)* City of Kent Signature* Printed First and Last Name* Printed Title Signature Date* Tax lD Customer Microsoft Gorporation Signature Signature Date (date Microsoft Affiliate countersigns) Printed First and Last Name Printed Title Agreement Effective Date (may be different than Microsoft's signature date) Microsoft Affiliate ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENGXAug201 4)Pagel of2 Name of Entity (must be legal entity name)* Sirrnafrrre* Printed First and Last Name* Printed Title Signature Date* Customer Optional 2nd Customer signature or Outsourcer signature (if applicable) * indicates required field indicates required field lf Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 8951 1-1137 USA Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* Outsourcer ProgramSignForm(MSSignXNA,LatAm)ExBRA, N¡Ll(ENGXAug201 a)Page 2 of 2 !r vticrosoft Enterprise Enrollment Volume Licensing State and Local Enterprise Enrollment number (Microsoft to complete) Previous Enrollment number (Reseller to conplete) 69770878 7289118 Framework lD (it applicable) This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same C ustome¡ or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form This Enrollment consists of: ('1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, ,(,4).the product Terms, (5) the Online Services Terms, (6) any Supplemental Contact lnformation Form, Previous AgreemenVEnrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and eonditions:.o!,:the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensinq/contracts. ln the event of any conflict the terms of this Agreement control. Effective date. lf Enrolled Affiliate is renewing Softvr¡are Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. 'lf this Enrollment is renewed, the effective date of the renewal term will be the day after the'Expiration Ðate of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the,applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the'initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. D;efinltions. Terms used'but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. .Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. Page I of 10 Document X20-1 0634 This Enrollment must be attached to a s¡gnature form to be val¡d. E4201 6EnrGov(US)SLG(ENG)(Nov201 6) Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its.*governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multitenant data centers for exclusive use by or for the Community and offered in accordance with the National lnstitute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are,:designated as such in the Use Rights and Product Terms. "lndustry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.9. a oomputer-afded design program used by an architect or a point of sale program) ("lndustry Program"). The device may include features and functions derived from Microsoft software or third-party software. lf 'the device performs desktop functions (such as email, word processing, spreadsheets, database, network or lnternet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the lndustry Program functionality; and (2) must be technically integrated with the lndustry Program or employ technically enforced policies or architecture to operate only when used with the lndustry Program functionality. "Managed Device" means any'device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in,,a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDl"). Qualified Devices do not include any device that is: (1) designated as a seruer and not used as a personal computer, (2) an lndustry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., lndustry Device) that is used by or for the benefit of the Enrolled Atfiliate's Enterprise as a Qualified Devicerfor.all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified'USer" means a person (e.9., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. lt does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; Page 2 of 10 Document X20-1 0634 E4201 6EnrGov(US)SLG(ENG)(Nov20l 6) 2 "Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of lnterior by virtue of its status as,,an lndian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site, The Use Rights supersede the terms of any end user license agreement (on-screen or othenrvise) that aceompanies a froluct. The Use Rights for Software are published by Microsoft in the Produot Terms. The'Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. Order requiremenús. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must,iñclude at least 250 Licenses for Enterprise Products or Enterprise Online Services. (¡) Enterprise commitment. Enrolled'Affilíate must order enough Licenses to cover all Qualified Users or Qualified Devicés, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. lf no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d' 'Gountry of'usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. ê. Resellers. Enrolled Affíliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. Í. Adding Products. (¡) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order Page 3 of 10 Document X20-10634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Atfiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. lf there are no changes, then an update statement must be submitted instead of a true-up order. (¡) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. ForAdditional Products that have,been previously ordered under this Enrollment, Enrolled Atfiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as.eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Líoenses that are part of an Enterprise-wide purchase, Licenses may be reduced .if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2l For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Lioenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. lf the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. lnvoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- Page4ofl0 Document X20-1 0634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order. lf the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (¡) For step-up Licenses included on an initial order, Enrolled Atfiliate may order according to the true-up process. (ii) lf step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the corrêction.. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. i. Verifying compliance. Microsoft may, in,its'diseretion anO aìits expense, verify comptiance with this Enrollment as set forth in the Enterprise Agreement. 3.Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled'Affilíate's prices for each Product or Service will be established by its Reseller. EXcept,,for Online Services designated in the Product Terms as being exempt from fixed priCing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices,for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment,têrms. For the lnftial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. lf an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller','in full upon acceptance of this Enrollment. lf spread payments are elected, unless indicated othen¡vise,'Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. Page 5 of 10 Document X20-10634 E4201 6EnrGov(US)SLG(ENGXNov201 6) 5.End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Atfiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. lf Enrolled Affiliate elects not to renew. (¡) Software Assurance. lf Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at the then- current published price as of the Expiration Date plus a 3% administrative fee. lf Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior,to the Expiration Date. 2l Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be etfective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. lf Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. ln addition, it shall be a breach of this, Enrollrnent if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Copmunity Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. Page 6 of 10 Document X20-1 0634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) 6.G overn ment Co m m u nity CIo u d. a. Community requirements. lf Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Gommunity Gloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (¡) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. Page 7 of l0 Document X20-'10634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) I Enrollment Details En ro I I ed Affi I i ate's Enterp ri se. a. ldentify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. lf no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. lf more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Atfiliates: tr Enrolled Atfiliate only tr Enrolled Affiliate and allAffiliates tr Enrolled Atfiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): tr Enrolled Affiliate and allAffiliates, with following Affiliate(s) excluded b.Please indicate whether the Enrolled Atfiliate's Enterpr,jse will acquired after the start of this Enrollment: Exclude future Affiliates include all new Affiliates 2. Contact information. Each party will notify the other in writing if any of the.information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Atfiliates, and other parties that help administer this Enrollment, The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www. m icrosoft . comilicensi n glservicecenter. a' Primary contact" This.contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Kent Contact,name* First James Last Endicott Contact email address* jendicott@kentwa.gov Street address* 220 Fourth Ave S Gity* Kent State/Province* WA Postal code* 98032-5838- (For U.S. addresses, please provide the zip + 4, ê.g. xxxxx-xxxx) Country* United States Phone* 253-856-4620 Tax lD * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Page 8 of 10 Document X20-10634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. E Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First James Last Endicott Gontact email address* jendicott@kentwa. gov Street address* 220 Fourth Ave S City* Kent State/Province* WA Postal code* 98032-5838- (For U.S. addresses, please provide the zip + 4, ê.g. xxxxx-xxxx) Country* United States Phone* 253-856-4620 Language preference. Choose the language for notices. English . tr This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates.* indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. n Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First James Last Endicott Gontact email address* jendicott@kentwa. gov Phone* 253-856-4620 tr This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company'name*.SoftwareONE, lnc. Street address (PO boxes will not be acceptedl. 20875 Crossroads Circle, Suite I City* Waukesha State/Province* W Postal code* 531 86:4093 Country*':þnited States Conlact nâ-me* MS* Admin Phone* 262'317-5555 Gontact.êmail address* ms-admin. us@softwareone. com ning below, the Reseller identified above confirms that all information provided in this llment is correct. * indicates required fields Page 9 of 10 Document X20-10634 Signature* Printed name* Printed title* Date* E420 1 6EnrGov(US)SLG(ENG)(Nov201 6) e. 3. Financing elections. ls a purchase under this Enrollment being financed through MS Financin lf a purchase under this Enrollment is financed through MS Financin to finance any associated taxes, it must pay these taxes directly to Changing a Reseller. lf Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. lf Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least g0 days prior to the date on which the change is to take effect. lf Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact lnformation form. Otherwise, the notices contact and Online Ad m i n istrato r re m ai n s th e d efa u lt. (¡) Additional notices contact (ii) Soffware Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact YêS,tr No. Affiliate chooses not Page 10 of 10 Document X20-1 0634 E4201 6EnrGov(US)SLG(ENG)(Nov201 6) This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: February 21, 2017 SUBJECT: South 212th Street Erosion Repairs – Accept as Complete SUMMARY: The project consisted of erosion repairs to the roadway embankment and fencing replacement on South 212th Street on the east side of State Route 167. The awarded amount for this project was $92,606.72. The total paid to Maroni Construction, Inc. is $93,732.02. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project will be paid for using Street and Drainage funds. MOTION: Authorize the Mayor to accept the South 212th Street Erosion Repairs project as complete and release retainage to Maroni Construction, Inc. upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: February 21, 2017 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution – Adopt SUMMARY: The City is required to certify to the State of Washington before March 1st of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated estimated costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $5,746,730 for July 1, 2017 through June 30, 2018. This certification period is the eighth year the City will receive the annexation sales tax credit, which will expire June 30, 2020. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: Estimated costs for the Panther Lake annexation area for the State’s fiscal year 2016 is anticipated to be $13,967,580 in expenditures to provide City services to those residents, while we anticipate revenues of $8,220,850 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $5,746,730, which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. MOTION: Adopt Resolution No. ______, certifying the Panther Lake annexation sales tax credit of $5,746,730, for the period of July 1, 2017 through June 30, 2018 1 Tax Credit Threshold Panther Lake Annexation RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2017 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 2 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. On February 4, 2014, through Resolution No. 1881, the City Council adopted a new threshold amount for the 2014 fiscal year and authorized the finance director to certify the same. H. On February 17, 2015, through Resolution No. 1904, the City Council adopted a new threshold amount for the 2015 fiscal year and authorized the finance director to certify the same. I. On February 16, 2016, through Resolution No. 1920, the City Council adopted a new threshold amount for the 2016 fiscal year and authorized the finance director to certify the same. J. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2017 fiscal year. 3 Tax Credit Threshold Panther Lake Annexation K. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2017 fiscal year will be at least $13,967,580, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2017 fiscal year, which is estimated to be $8,220,850. L. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2017 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. M. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2017 fiscal year is $5,746,730. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City’s projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2017 fiscal year is $5,746,730. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. 4 Tax Credit Threshold Panther Lake Annexation SECTION 2. – Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City’s Finance Director is authorized to certify the amount for the 2017 fiscal year to the appropriate agencies within the State of Washington. SECTION 3. – 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 4. – Savings. Resolution No. 1920 shall remain in full force and effect until the effective date of this resolution. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2017 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. 5 Tax Credit Threshold Panther Lake Annexation PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this _______ day of _________________, 2017. CONCURRED in by the Mayor of the city of Kent this ______ day of __________________, 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 _________________, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\Annexation Sales Tax Threshold 2017 - Resolution.docx Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: February 21, 2017 SUBJECT: December 2016 Supplemental Budget Adjustment Ordinance – Adopt SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $765,000. $500,000 relates to debt service for the 2015 bond refunding. This refunding was part taxable, which is scheduled to be paid first. Payment on the non-taxable portion will begin when the taxable portion is paid. The source of funds to repay the non-taxable portion is REET2 parks capital revenues. In order to smooth usage of these revenues, we are pre-collecting dollars for the debt service that will be paid out future years, when repayment of the non-taxable portion is due. The pre-collection amount is approximately $500,000 annually. This budget adjustment provides the authority to make the appropriate accounting entries for 2016. The remaining $265,000 is for capital equipment and upgrades for SMG’s capital re- investments per contract, such as LED lighting, digital menu boards and concession carts. EXHIBITS: Ordinance and Exhibits RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: These expenditures are funded by existing fund balance and SMG capital investment proceeds. MOTION: Adopt Ordinance No. ______, approving the consolidating budget adjustment ordinance for adjustments made between December 1 and 31, 2016, reflecting an overall budget increase of $765,000. 1 2015-2016 Budget Adjustment Fourth Quarter Dec - 2016 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between December 1 and 31, 2016, reflecting an overall budget increase of $765,000. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2015-2016 biennial budget is amended to include budget fund adjustments for the fourth quarter of 2016 from December 1 through 31, 2016, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2015-2016 biennial budget Ordinance No. 4137, as amended by Ordinance Nos. 4149, 4168, 4173, 4185, 4200, 4211, 4221, and 4226 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 2015-2016 Budget Adjustment Fourth Quarter Dec - 2016 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 days from and after 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. 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 P:\Civil\Ordinance\Budget Adjustment Ordinance 3rd Quarter 2016.docx Fund Title Previously Approved Approval Requested Total Adjustment Ordinance Capital Resources Fund Debt Svc on 2015 Refunding 500,000 500,000 Total - 500,000 500,000 ShoWare Operating Fund Capital Equip/Upgrades 265,000 265,000 Total - 265,000 265,000 Grand Total - 765,000 765,000 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments December 2016 Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: February 21, 2017 SUBJECT: 2016 Paint Line Striping / RPM Replacement and South 208th Street Permanent Signing – Accept as Complete SUMMARY: The project consisted of refreshing existing paint striping, repainting existing curbing, and replacing damaged and missing raised pavement markings throughout Kent. Annual refreshing of pavement markings is a way for the City to comply with the pavement marking visibility requirements of the Manual on Uniform Traffic Control Devices (MUTCD). This project also included the installation of permanent signs on South 208th Street, near 92nd Avenue South. The awarded amount for this project was $278,037.00. The total paid to Stripe Rite, Inc. is $258,087.57. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project was funded from the Business and Occupation tax. MOTION: Authorize the Mayor to accept the 2016 Paint Line Striping / RPM Replacement and South 208th Street Permanent Signing project as complete and release retainage to Stripe Rite, Inc. upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: February 21, 2017 SUBJECT: 2016 Plastic Markings – Accept as Complete SUMMARY: Pavement markings are used to convey messages to roadway users and help facilitate safe and smooth use of our streets. Over time, pavement markings are damaged or simply wear out from normal traffic use. The project consisted of the replacement of worn out and damaged pavement markings; stop lines, crosswalks, traffic arrows, bicycle lane symbols, traffic letters and railroad crossing symbols, etc. on various Kent streets. The awarded amount for this project was $204,895.00. The total paid to Specialized Pavement Markings is $213,665.50. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project was funded from the Business and Occupation tax. MOTION: Authorize the Mayor to accept the 2016 Plastic Markings project as complete and release retainage to Specialized Pavement Markings, upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: February 21, 2017 SUBJECT: Transportation Improvement Board Complete Streets Grant – Accept SUMMARY: The State of Washington Transportation Improvement Board has awarded the City of Kent $250,000 from the Complete Streets Program. The TIB considered the quality of the agency’s complete streets ordinance, the level of integration of complete streets principles in planning documents, community outreach/engagement in street plans and projects, and both past and future projects. Kent’s application highlighted the Meet Me on Meeker project and the city was nominated for the award by four agencies. EXHIBITS: Washington State Transportation Improvement Board Complete Streets Grant Agreement and Work Plan RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins NAY: BUDGET IMPACTS: The budget impact for this grant is an increase of $250,000 in the funding for pedestrian improvements to the intersection of West Meeker Street and 4th Avenue. MOTION: Authorize the Mayor to sign the Washington State Transportation Improvement Board Complete Streets grant agreement in the amount of $250,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Wash i ngton State Transpoñation I m proveme nt Board Complete Streets Award Grant Agreement c-P-106(001)-1 City of Kent c-P-106(001)-1 Complete Streets Award STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF KENT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD ("TlB') and CITY OF KENT ('RECtPtENT'). WHEREAS, the TIB has developed a grant program, Complete Streets, to provide for the retrofit of streets and roads ("Project") for eligible cities, towns, and counties to provide access to all users, including bicyclists, pedestrians, motorists, and public transportation riders, and WHEREAS, the above-identified RECIPIENT is eligible to receive a Project grant pursuant to ordinance 4207 and that it has the legal authority to receive such grant and to perform the Project pursuant to the terms of this grant NOW, THEREFORE, pursuant to chapter 47 .26 RCW, RCW 47.04.320, and WAC 479-10-500 ef seg, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS 1. GRANT TIB agrees to grant funds in the amount of TWO HUNDRED FIFTY THOUSAND AND 00/100 ($250,000) for the Project pursuant to the terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. 2. PROJECTAND BUDGET The Project shall provide for the retrofit of identified streets or roads on the RECIPIENT's approved work plan. ln accordance with applicable laws and ordinances, the RECIPIENT agrees to enter into an agreement with an independent contractor and/or material providers, or otherwise provide for the Project work plan to be completed by the RECIPIENT's own forces. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its independent contractor and/or material providers. lf RECIPIENT uses its own forces, it shall be solely responsible for paying the costs thereof. Under no circumstances shallthe TIB be responsible to any third party for the payment of labor or materials used in completing the Project work plan. The Project work plan may be amended by the Parties, pursuant to Section 7. Complete Streets Grant Agreement Page 1 of5 December 2016 Washington Complete State Transportation lmprovement Board Streets Award Grant Agreement c-P-106(001)-1 ECT WORK PLAN AND D The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following: a) Project work plan describing eligible items with estimated costs; b) Documentation to support all costs expended on the Project work plan; and c) Project work plan Closeout Form. 4. PAYMENÏ AND RETURN OF GRANT FUNDS TIB will pay the full grant award to the RECIPIENT after TIB approves the Project work plan and the Parties fully execute this Agreement; provided that there are legislatively appropriated funds available. The RECIPIENT agrees that it shall hold the grant funds in a separate and identifiable account and only use said funds to pay the actual direct and related indirect costs of the approved Project work plan. Grant funds not expended on approved Project work plan items within three years of the date of TIB's Grant approval shall be returned to TIB within ninety (90) days after receipt of TIB's written notification. 5. USE OF COMPLETE STREETS GRANT FUNDS RECIPIENï agrees that the grant funds shall only be used to complete the approved Project work plan. Othenryise, RECIPIENT is subject to the Default and Termination provisions of Section 9. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work plan, including but not limited to accounting procedures and practices which sufficiently and properly reflect all actual direct and related indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years after the completion of the Project work plan and TIB's acceptance of the Project work plan Closeout Form. At no cost to TlB, these records shall be provided when requested; including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 7. REVISIONS TO THE PROJECT WORK PLAN RECIPIENT may request revisions to the Project work plan, including the addition or removal of items. Requests must be made in writing, and TlB, in its sole discretion, will determine whether to accept the proposed revisions. Should the TIB approve a Project work plan revision, the Parties shall amend this Agreement pursuant to Section 14. The RECIPIENT shall be solely responsible for all costs incurred in excess of the Agreement grant award. Complete Streets Grant Agreement Page 2 of 5 December 2016 Washington State Transportation Improvement Board Complete Streets Award Grant Agreement c-P-106(001)-1 8. TERM OF AGREEMENT This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or amendment thereof, or unless terminated as provided herein ln no event shall the Agreement term exceed three years, unless extended by Agreement amendment pursuant to Section 14. 9. NON-COMPLIANCE. DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) ln the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement and applicable rules under WAC 479-10-500 et seq, TIB shall notify the RECIPIENT, in writing, of RECIPIENï's non-compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB's notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project work plan,. or a denial accompanied by supporting documentation. An agreement to amend the Project work plan must be pursuant to Sectionl4. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its Project work plan to correct or implement an amendment to the Project work plan. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and, in its sole discretion, TIB may require the RECIPIENT to stop incurring additional Project work plan costs during the investigation. Should TIB require the RECIPIENT to stop incurring additional costs to be paid with the grant funds, the RECIPIENT shall be solely obligated for paying any additional costs incurred by such suspension of work, contractor claims, or litigation costs; such costs cannot be paid for with grant funds. 9.2 DEFAULT RECIPIENT is in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance with this Agreement and the Project work plan; b) TIB denies the RECIPIENT's request to amend the Project work plan; and c) After investigation, TIB confirms RECIPIENT'S non-compliance. 9.3 TERMINATION a) ln the event of default as determined pursuant to Section 9, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop incurring costs chargeable against the grant funds andior take such actions necessary as may be directed by TIB to protect TIB's grant funds. b) ln the event of termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of all grant funds. c) The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. Complete Streets Grant Agreement Page 3 of 5 December 2016 c-P-106(001)-1 10. DISPUTE RESOLUTION a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this Agreement. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this Agreement. b) lnformal Resolution. The Parties shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) ln the event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The Parties shall share equally in the costs of the mediator. d) Each Party agrees to participate to the fullest extent possible and in good faith in resolving the dispute in order to avoid delays or additional incurred cost to the Project work plan. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11, until and unless the Dispute Resolution process has been exhausted. 1 1. GOVERNANCE. VENUE. AND ATTORNEYS FEES This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys' fees and costs. 12. INDEMNIFICATION. HOLD HARMLESS. AND WAIVER 12.1 RECIPIENT, shall protect, defend, indemnify, and save harmless the TlB, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, RECIPIENT'S negligent acts or omissions which may arise in connection with its performance under this Agreement. RECIPIENT shall not be required to indemnify, defend, or save harmless the TIB if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of TIB; provided that, where such claims, suits, or actions result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of RECIPIENT's own negligence 12.2 RECIPIENT agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, RECIPIENT, by mutual negotiation, hereby waives, with respect to TIB only, any immunity that would otherwise be available to it against such claims under the lndustrial lnsurance provisions of Title 51 RCW. 12.3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. 13. ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TlB. The RECIPIENT is deemed to consent to Washington Complete State T ra n spo rtatio n I m p rove me nt Bo a rd Streets Award Grant Agreement Complete Streets Grant Agreement Page 4 of 5 December 2016 c-P-106(001)-1 assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights or obligations under this Agreement. 14. AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. INDEPEND The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TlB. 16, ENTIRE AGREEMENT This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. RECIPIENT agrees to abide by all applicable federal, state and local laws, ordinances, and rules when performing under the terms of this Agreement. City of Kent Transportation lmprovement Board Washington Complete State T ra n sportatio n I m p rove m e nt Bo a rd Streets Award Grant Agreement Chief Executive Officer Date Date Print Name Print Name Approved as to Form By: ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the Attomey General Complete Streets Grant Agreement Page 5 of 5 December 2016 ,æ\w Transpoftation Improvement Board Complete Streets Work PIan &*.v Ciîl 6PKËÌ\fç Asency contact þ.I.NYUEV ECJNSçÉÉU pnone Z3-86{o-31{Ltl ernan ltÊfr}.r€fEËt-@KÉtrft\ñÞ.Gff1 fWWe" Total Work Plan complete streeùs Fundins 250 ,ttOO ouRB Bulsonls Proposed ìÀ/orkltem l/\Egf SIDECIF rs/ç Ac.RCGs t$rrEr¿sEcT\ o N r É[Ts.rÞ tNtê tvrÊEF€R AT L+* A\fÉrl\JË Description Z5o¡ooÕ Complete Sbeeb Funding zßt8 Blimabd Gompletion Year Agency Certification is Ceftification hearby given thatthe proposed work plan represents projeG that support and refect our comm¡tnent b the Gomplete and efhie Agency Agency OfficÌãl 2016 Complete Streets Work plan Form.xls\Worþlan Revised Dec 2016 TIB Approval Project Engineer Review Engineering Manager Dare tLiz\/ø /é# *r" øluf lþ F¡nance Mänager oaer2I^(rø Agenda Item: Consent – 7M_ TO: City Council DATE: February 21, 2017 SUBJECT: Permit Fees Revisions - Resolution – Adopt SUMMARY: The City establishes a schedule of development fees by resolution, which includes plan review, permit, and inspection fees. Generally these fees adjust for inflation automatically, as provided in the resolution. From time to time, however, the City Council has added fees or adjusted fees to better compensate for cost recovery of permit application, management, and issuance. This last adjustment occurred on December 13, 2016, when Council adopted Resolution No. 1939. However, after Resolution No. 1939 was passed by Council, staff discovered that mathematical errors existed in some of the fees that require correction. This resolution corrects those errors going forward. A schedule of the correct fees was presented to the Operations Committee at its February 7, 2017, meeting, which it unanimously recommended Council adopt. The resolution included in the Operations Committee packet did not include an explanation of why changes were needed to Resolution No. 1939. Staff has attached for Council’s review a redline version of the resolution with those changes highlighted that were made after the resolution was approved by the Operations Committee. EXHIBITS: Resolution (redline); Resolution (clean); and their referenced exhibits. RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: BUDGET IMPACTS: Intended to obtain full cost recovery for the City’s various permitting and inspection processes. MOTION: Adopt Resolution No. _____, which corrects mathematical errors for some plan review, permit, and inspection fees established through Resolution No. 1939 by repealing Resolution No. 1939, adopting a new resolution in its place, and ratifying all prior acts consistent with the new resolution. This page intentionally left blank. 1 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 RESOLUTION NO. ___________ A RESOLUTION of the City Council of the city of Kent, Washington, adopting and amending Kent City Code fees for effective January 1,2017, including business license, planning,and land use application fees; permit and inspection fees required to comply with the provisions of the International Building, Residential, Mechanical, Fire, and other related Codes and the Uniform Plumbing Code; other miscellaneous City permit and application fees; and repealing Resolution No. 19391902. RECITALS A.Through Resolution No. 1851, adopted by the Kent City Council Oon December 13, 2011,the Council established all development fees in one locationKent City Council passed Resolution No. 1851, establishing, amending and adjusting various development fees.These fees are then reviewed every few years for adjustments that may be appropriate due to adjust annually with changes in regulatory laws, costs of operation, and other factors. The cCity has made these fee adjustments at various times, the latest being by its adoption of Resolution 19391902, on December 13, 2016,which amended the fees and fee structure and repealed the prior fee resolution, Resolution No. 1902. 2 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 B.After Resolution No. 1939 was passed by Council, staff discovered that mathematical errors existed in some of the plan review, inspection, and permit fees that require correction.The Kent City Council finds that it is appropriate to correct those fees going forward, in an effort to achieve a more equitable cost recovery, the fee schedules must be amended,and a new Rresolution should be adopted that will have the effect of amending Resolution No.19391902 by repealer and adoption of this a new resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1.–Business License Fees.In accordance with chapter 5.01 of the Kent City Code (KCC), annual fees for business licenses will be based on the number of full and part-time employees employed at each business with certain exceptions for multi-family apartment and condominium businesses, home occupation businesses, and contractors doing business in Kent whose physical address is outside the city of Kent. The fees will be assessed as follows: A. Fees based on the number of full-time and part-time employees will be as follows: Number of Employees of Business Fee 0 –24 $100 25 –49 $200 50 – 99 $400 100 or more $600 3 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 B. The business license fee for multi-family apartments and condominium businesses is based on the number of dwelling units as noted in the schedule below. The business license fees will be waived for apartments and condominiums that participate in and are in compliance with the guidelines set forth in the STAR program in accordance with chapter 5.14 KCC. Number of Multi-Family Dwelling Units Fee 2 – 10 Units $100 11-50 Units $300 51 Units and above $600 C. The Home occupation business license fee is $50.00. D. Contractors doing business in Kent whose physical location is outside the city of Kent will be assessed a $100 fee. SECTION 2. –Permit Technology Fee. As authorized by KCC Section 3.11.010(c), a technology fee for all business license transactions will be assessed in the amount of one dollar ($1) per transaction; every other fee established by this resolution will be assessed a technology fee in an amount equal to three percent (3%) of the fee or ten dollars ($10.00), whichever is greater, with the exception of the exclusions listed in Exhibit A. SECTION 3.–Hearing Examiner Fees. As authorized by KCC Section 2.32.155, the fee that an applicant will pay for any permit or approval that requires either an open or a closed record public hearing before the city’s hearing examiner and the fee for any appeal of any decision or recommendation to the hearing examiner will be in the amounts shown on Exhibits B through F. 4 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 SECTION 4.–International Fire Code Fees. As authorized by KCC Section 13.01.120, the fee schedule attached as Exhibit B will govern the monetary charges assessed by the city for reviewing and processing permit applications, for issuing permits and other approvals, and for all related inspections. SECTION 5.– International Building Code and International Residential Code – Building permit and plan review fees.Pursuant to KCC Section 14.01.090, the fees to be assessed for building permits and related inspections under the International Building Code or the International Residential Code will be as set forth in Exhibit C, with the following modifications: 1.Standard plan review Fees.Whenever construction documents, as defined in the International Building Code and International Residential Code,are submitted for review pursuant to section 107 of the International Building Code or section R106 of the International Residential Code, a plan review fee equal to sixty-five (65) percent of the building permit fee will be assessed. 2.Basic plan review fees.The basic plan review fee, after and in addition to the payment of the initial standard plan review fee set forth in subsection (1) above, will be a fee of ninety-eightone hundred one dollars and sixty-one nine cents ($98.61101.69) for each permit issued upon a certified basic plan. Additional plan review fees will also be assessed at a rate of one hundred thirty-two six dollars and thirty-sixfifty cents ($132.36136.50) per hour, or a portion thereof for an additional plan review required for changes, additions, or revisions to plans. 3.Administration of basic plans.Basic plans will be administered as follows: 5 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 a. “Basic plans” are defined as complete plans for an entire detached single family residential building that: (i) Are clearly marked as being approved and certified as “basic” by the building official; (ii) Bear the author’s (including, but not limited to, architect, engineer, or others) acknowledgment and approval of the plans submitted for use in the construction of a number of buildings, without any limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgment will bear the author’s stamp and signature. (iii) Basic plan review fees will apply only to detached single family residential buildings and will apply only to the originating owner or applicant. (iv) Changes to basic plans that alter the exterior dimensions or structure of the building will be treated as a new permit application. b. The process for administering basic plans will be as follows: (i) Any person may apply for plan review and certification of a basic plan by filing an application for basic plan review and certification, along with two (2) or more complete sets of plans and the standard plan review fee. (ii) Upon completion and approval of plan review, the applicant will provide reproducible copies of complete, approved plans to the building official. 6 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 c. The city’s building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this section. SECTION 6.-International Mechanical Code – Mechanical permit and plan review fees.Pursuant to KCC Section 14.01.090, the fees to be assessed for mechanical permits issued for the installation of mechanical equipment under the International Mechanical Code or the International Residential Code,as may be applicable, will be as set forth in Exhibit D, with the following modifications: 1.Standard plan review fees.Whenever construction documents, as defined in the International Mechanical Code or the International Residential Code,are submitted for review pursuant to section 106 of the International Mechanical Code or section R106 of the International Residential Code,a plan review fee equal to twenty-five (25) percent of the mechanical permit fee will be assessed. SECTION 7.-Uniform Plumbing Code – Plumbing permit and plan review fees.Pursuant to KCC Section 14.01.090, the fees to be assessed for plumbing permits issued for the installation of plumbing equipment under the Uniform Plumbing Code or the International Residential Code,as may be applicable, will be as set for in Exhibit E, with the following modifications: 1. Whenever construction documents, plans, specifications, engineering calculations, diagrams or other data are submitted for review pursuant to section 103 of the Uniform Plumbing Code or section R106 of the International Residential Code,a plan review fee equal to twenty-five (25) percent of the plumbing permit fee will be assessed. 7 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 SECTION 8.–Construction, Land Use and Development Fees. Pursuant to chapters 6.03, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and other authorizations elsewhere in the Kent City Code, the applications, permits, approvals, review, inspection and other fees for various construction, land use and development actions will be as shown in Exhibit F. SECTION 9.- Annual Consumer Price Index (CPI) Adjustment. On the first day of each calendar year, all fees, rates, and charges established in this resolution will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1, if the CPI-W reflects an upward adjustment from the previous annual June to June period. This section and its related CPI adjustments will not apply, however, to any Section 1, Business License Fees, and Section 2, Permit Technology Fees. SECTION 10.-–Repealer – Resolution No. 1939.Resolution No. 1902 1939 is hereby repealed in its entirety, along with all resolutions repealed through Resolution No. 1939 and prior related resolutions; provided, however, that Resolution No.19021939, and the fees established by that resolution, will remain in full force and effect through February 21, 2017.until March January 1, 2017.All acts consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 11.– Severability.If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, that decision will not affect the validity of the remaining portions of this resolution. SECTION 13.- Effective Date.This resolution will take effect and be in force immediately upon its passage on January 1, 2017. 8 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this _____13th day of _____________December, 20176. CONCURRED in by the mayor of the city of Kent this _______13th day of ________________December, 20176. 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 ____________________, 20176. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\Fee Resolution 2017-CORRECTION-With Redlined Exhibits.docx P:\Civil\Resolution\Fee Resolution 2017-With Clean Exhibits.docx Exhibit A Technology Fee Exceptions Excluded from technology fees: 1.Fire permit fees for fireworks stands or displays; 2.Appeals; 3.Code text amendments, comprehensive plan map or text amendments, pre-application conferences, public notice boards and zone map amendments (rezones) under Exhibit “F” of this resolution; and 4.Fees listed under “Other inspections and Fees” in Exhibits “B,” “C,” “D,” and “E” of this resolution, except that a technology fee will be assessed and collected for each Adult Family Home licensing inspection under Exhibit “C.” Exhibit “B” City of Kent Fire Permit Fees Permit Issuance Fees: Fee Issuance of each annual operational permit under the fire code Hazardous Materials or High-piled storage permits $276.05 All other permits $138.02 Issuance of each annual fire protection system permit, per building $163.15 Issuance of a residential home heating fuel tank removal permit, per application $307.44 Issuance of a fireworks permit for a fireworks display, per application $189.78 *rate fixed by state regulations Development Plan Review and Permit Fees: Fee Fire Prevention Construction Permits- Plan Review Fee 65% of permit fee Permit Fee Per Permit Fee Valuation Table Total Value of Project Permit Fee $1.00 to $500.00 $105.65 $501.00 to $2,000.00 $105.65 for the first $500.00, plus $13.78 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $312.39 for the first $2,000.00, plus $63.06 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $ 1,762.51 for the first $25,000.00, plus $45.50 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $ 2,900.39 for the first $50,000.00, plus $31.55 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $ 4,477.54 for the first $100,000.00, plus $25.28 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $14,589.33 for the first $500,000.00, plus $23.96 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $26,564.11 Review of Building Permits Single-Family Plan Review 42.7% of the building permit fee Commercial Plan Review 58% of the building permit fee Review of Land Use Applications- Boundary Line Adjustment $231.53 Binding Site Plan $379.57 Short Subdivision $379.50 Other Site Plan Reviews $186.00 Exhibit “B”-Continued City of Kent Fire Permit Fees Preliminary Plat $1,256.36 Residential Variances $148.04 Other Project Approvals $223.94 SEPA Checklist $269.49 SEPA Checklist as Part of a Project $136.64 Requiring Hearing Examiner Approval $402.36 Other Inspections and Fees: Fee Each hydrant flow request (Two hour minimum) $173.17 per hour Initial fire and life safety inspection for new business, per application $135.52 Inspections outside of normal business hours (Two hour minimum charge) $173.17 per hour Additional inspections required: when a construction inspection is not complete or fails to pass inspection; when required corrections on an operational permit or fire inspection system permit have not been corrected by the second inspection; when work is not accessible; when work is not ready by scheduled inspection time; when the construction permit or approved plans are not made readily available; when the project requires multiple inspections for phased construction; when requesting Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO) approval; or when requesting inspections required for licensing and/or certifications. (One hour minimum charge). $173.17 per hour Additional plan review required by: re-submittals*, changes, deferred submittals, additions, or revisions to plans. *One re-submittal will be included in the plan review fee. (One hour minimum charge) $173.17 per hour Hazardous material inventory statement, management plan, or facility closure plan review and approval. (Two hour minimum charge) $173.17 per hour Code Modification or Alternative Materials and Methods Request (Three hour minimum charge) $173.17 per hour Appeal filing fee $402.36 Penalty Fees: Fee Failing to mark or maintain the marking of a designated fire lane. $250.03 Exhibit “C” City of Kent Building Permit Fees Total valuation determined by building official Permit Fee Assessed $1.00 to $500.00 $32.7237.24 $501.00 to $2,000.00 $32.7237.24 for the first $500.00, plus $4.804.85 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $110.05109.94 for the first $2,000.00, plus $21.5622.24 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $621.91621.30 for the first $25,000.00, plus $15.5616.04 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $1,023.451,022.45 for the first $50,000.00, plus $10.7811.12 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $1,579.921,578.28 for the first $100,000.00, plus $8.648.91 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $5,147.205,142.17 for the first $500,000.00, plus $7.287.51 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $8,904.538,895.81 for the first $1,000,000.00, plus $4.865.01 for each additional $1,000.00, or fraction thereof. Other Inspections and Fees: For inspections outside of normal business hours and Adult Family Home licensing inspections (minimum charge – two hours).................$136.63136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available............................................................$136.63136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans............................................................$136.63136.50 per hour Investigation fee when work is commenced prior to obtaining required Building, mechanical, or plumbing permit.....................................................100% of permit fee Appeal filing fee.................................................................................................$317.43317.14 Exhibit “D” City of Kent Mechanical Permit Fees Permit Issuance Fees: 1. For the issuance of each mechanical permit..............................................$42.8742.82 2. For issuing each supplemental permit for which the original permit has not expired, been canceled, or finalized .................................................................. $13.38 Unit Fee Schedule: 1. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, up to and including 100,000 Btu/h (29.3 kW)..............................$33.3426.78 2. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, over 100,000 Btu/h (29.3 kW) ....................................................$45.3334.78 3. For each floor furnace, suspended heater, recessed wall heater or floor-mounted heater, including vent................................................................................$32.8326.78 4. For each appliance vent not included in an appliance permit .....................$14.8413.38 5. For repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including controls, regulated by the mechanical code or residential code............................................................................$24.9025.42 6. For each boiler or compressor: to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW)..........................$26.8126.78 over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to an including 500,000 Btu/h (146.6 kW)......................................$49.5549.51 over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW) to and including 1,000,000 (293.1 kW)..........................................$68.3168.24 over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 (512.9 kW)....................$101.79101.68 over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW)......................................................$170.10169.93 7. For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto, which is not a portion of factory assembled appliance or unit for which a permit is required.........$20.0920.06 over 10,000 cfm (4,719 L/s)..........................................................$45.3334.78 8. For each evaporative cooler other than portable type ................................$20.0920.06 9. For each ventilation fan connected to a single duct....................................$13.3913.38 10. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit ..........................................$20.0920.06 11. For each hood served by mechanical exhaust, including the ducts for such hood............................................................................................$20.0920.06 12. For each domestic-type incinerator............................................................$45.3334.78 13. For each commercial or industrial-type incinerator.....................................$26.8126.78 Exhibit “D” - Continued City of Kent Mechanical Permit Fees Unit Fee Schedule (cont.): 14. For each mechanical appliance or piece of equipment regulated by the mechanical code or the residential code, not classed in other appliance categories, or for which no other fee is listed in this table...........................$20.0920.06 15. For each fuel gas or fuel oil piping system of one to five outlets.................$10.7210.70 16. For each additional piping system outlet, per outlet .............................................$4.01 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge – two hours).............................................................$136.63136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available.............................................................$136.63136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans.............................................................$136.63136.50 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit .....................................................100% of permit fee Appeal filing fee.................................................................................................$317.43317.14 Exhibit “E” City of Kent Plumbing Permit Fees Permit Issuance Fees: 1. For the issuance of each plumbing permit .................................................$37.5037.46 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized ...........................................................$20.0920.06 Unit Fee Schedule: 1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage piping and backflow protection therefore ...................................................$13.3913.38 2. For each building sewer and each trailer park or mobile home park sewer.$26.5126.78 3. Rainwater systems-per drain (inside building)........................................... $13.3913.38 4. For each water heater and/or vent.............................................................$13.3913.38 5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps..........................................$13.3913.38 6. For each installation, alteration or repair of water piping and/or water treating equipment, each .................................................................................................................$13.3913.38 7. For each repair or alteration of drainage or vent piping, each fixture..........$13.3913.38 8. For each lawn sprinkler system on any one meter including backflow protection devices therefore .................................................................................................................$13.3913.38 9. For atmospheric-type vacuum breakers not included in item 8: 1 to 5 vacuum breakers ................................................................$10.7210.70 over 5 vacuum breakers, each......................................................... $3.984.01 10. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inch (51 mm) diameter or smaller...............................................$13.3913.38 over 2 inch (51 mm) diameter.......................................................$26.5126.78 11. For each graywater or reclaimed water system..........................................$74.9275.66 12. For each medical gas piping system for a specific gas: 1 to 5 inlets/outlets....................................................................................$92.4292.33 over 5 inlets/outlets, each..........................................................................$10.7210.70 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge – two hours).............................................................$136.63136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available.............................................................$136.63136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans.............................................................$136.63136.50 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit .....................................................100% of permit fee Appeal filing fee.............................................................................................. $317.43T317.14 Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 Permit Application Type Planning Fee Development Engineering Fee Public Works Fee Total Fees Notes Accessory Dwelling Unit $93 $0 $0 $93 (1) Administrative Determination Letter $174 $0 $0 $174 Appeal of Administrative Interpretation / Decision $372 $0 $0 $372 Appeal of SEPA Determination $372 $0 $0 $372 Appeal of Short Plat $372 $0 $0 $372 Binding Site Plan - Preliminary $932 $3,370 $0 $4,303 Binding Site Plan Modification $558/$745 $936 $0 $1,494/$1,681 (2) Code Text Amendment $932/$2,795 $0 $0 $932/$2,795 (10) (11) Combining Districts $2,796 $0 $0 $2,796 (10) Comprehensive Plan Map Amendment $2,796 $0 $0 $2,796 (10) Comprehensive Plan Text Amendment $2,796 $0 $0 $2,796 (10) Concept Meeting Review No charge No charge No charge Conditional Use $3,726 $936 $0 $4,662 (13) Document Recording Fees Actual cost $0 $0 Actual Cost (20) Downtown Design Review $371/$932 $94/$187 $0 $466/$1,119 (3) (14) Fee Deferral Lien $248 $0 $0 $248 (18) Hearing Examiner-Conduct of Hearing and Preparation of Decision Actual cost $0 $0 Actual cost (16) Hourly rate $114 $114 $148 N/A Lot Line Adjustment $558 $749 $757 $2,064 Lot Line Elimination $186 $187 $189 $563 Mixed Use Design Review $932 $187 $0 $1,119 (14) Multi-Family Design Review $932 + $19/unit $187 $0 $1,119 + $19/unit (14) Multi-Family Dwelling Tax Exemption - Application $1,000 $0 $0 $1,000 Multi-Family Dwelling Tax Exemption - Final Application $1,000 $0 $0 $1,000 (17) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $372 $0 $0 $372 Multi-Family Tax Exemption Extension of Conditional Certificate $50 $0 $0 $50 Multi-Family Tax Exemption – Contract Amendment $500 $0 $0 $500 Planned Unit Development Plan $4,658 + $87/unit $6,929 $0 $11,587 + $87/unit Planned Unit Development Plan Modification $464/$1,397$ $375/$1,498 $0 $839/$2,895 (4) Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 Permit Application Type Planning Fee Development Engineering Fee Public Works Fee Total Fees Notes Plat Modification/Alteration Minor/Major Minor: ¼ of plat fee Major: ½ of plat fee Minor: ¼ of plat fee Major: ½ of plat fee (15) Pre-Application Conference $465 $0 $0 $465 Public Notice Actual cost of publication (21) Public Notice Board $186 $0 $0 $186 (5) SEPA Checklist $465/$1,304 $558/$936 $0 $1,023/ $2,240 (6) SEPA Modification $141/$465 $94/$187 $0 $235/$65 2 (7) SEPA Exempt Determination $174 $0 $0 $174 SEPA Environmental Impact Statement $3,725 + deposit $0 $0 $3,725 + deposit (8) Shoreline Conditional Use $2,235 $538 $0 $2,773 (13) Shoreline Exempt Determination $372 $187 $0 $559 Shoreline Substantial Development $1,864 $562 $0 $2,426 Shoreline Variance $1,397 $562 $0 $1,959 (13) Short Plat (2-4 lots) – Preliminary Plat $1,397 $1,873 $0 $3,270 Short Plat (5-9 lots) - Preliminary Plat $3,725 + $93/lot $3,370 $0 $7,095 + $93/lot Short Plat - Final Plat or Final Binding Site Plan $2,795 + $38/lot $1,873 $1,512 $6,180 + $38/lot Sign Permit $280 $94 $0 $374 (19) Special Home Occupation Permit $558 $0 $0 $558 (13) Subdivision - Preliminary Plat $6,521 + $93/lot $6,929 $0 $13,450 + $93/lot Subdivision - Final Plat $3,728 + $38/lot $5,056 $4,526 $13,310 + $38/lot Temporary Use $57 $57 $0 $114 Temporary Sign $141 $0 $0 $141 Variance - Administrative $558 $187 $0 $745 Variance - Single Family Dwelling $558 $94 $0 $652 (13) Variance - Sign & Other than Single Family Dwelling $3,726 $1875 $0 $3,913 (13) WTF Administrative Permit $558 $0 $0 $558 WTF Conditional Use $3,726 $375 $0 $4,101 Zone Map Amendment (Rezone) $3,726 $0 $0 $3,726 (10) Zoning Permit / Site Plan Review $47/$94/value $47/$94/valu e $0 $94/$188 /value (12a- 12e) (14) Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 TABLE 1 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 1. Additional re-submittal reviews, whether attributed to the application’s action or inaction, shall be charged at the hourly rate listed in Table 1. (1)The fees are applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling unit in a single- family residential zone. The fee includes the cost of the Planning Services Office recording of the accessory dwelling unit covenant documents with King County. An accessory living quarters in a commercial or industrial zone is subject to the applicable construction value-based fee. (2)Any changes to an approved, but unrecorded Binding Site Plan is subject to the $558 fee for a modification to a Binding Site Plan. Any changes to a recorded Binding Site Plan are subject to the $745 fee for a modification to a Binding Site Plan. (3)The planning $371 and engineering $94 review fees are applicable to minor alterations and improvements. The planning $932 and engineering review $187 fees are applicable to all new buildings, redevelopment, and major alterations and improvements. (4)Any minor change to an approved Planned Unit Development Plan is subject to the planning $464 and engineering review $375 fees for a modification. Any major change to an approved Planned Unit Development Plan is subject to the planning $1,397 and engineering review $1,498 fees for a modification. (5)The Planning Director has the authority to change this fee as needed to cover City expenditures. (6)The planning $465 and engineering review $558 fees are applicable only to SEPA review of construction of one single family dwelling on an individual parcel. All other SEPA checklist applications are subject to both the planning $1,304 fee and the engineering review $936 fee. (7)The planning $141 and engineering review $94 fees are applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. All other modifications to a SEPA determination are subject to the planning $465 and engineering review $187 fees. (8)$3,725 fee plus a deposit, equal to the estimated cost of contract services necessary to complete the EIS process, must be submitted to the city. Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 (9)Deleted. (10)Application requires public hearings. If multiple permit applications which require the same hearing procedure are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (11)The $932 fee is applicable to amendments to Single Family Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $2,795 fee. (12) a) The $47 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor addition of less than 25% of existing floor area, interior remodel or accessory building of 500 square feet or less on the same lot as the existing dwelling. The Development Engineering review fee for the site plan review for these permits is $47. b)The $94 fee is applicable for Major Single Family Dwelling Construction on an existing dwelling such as major addition of more than 25% of existing floor area or an accessory building of more than 500 square feet on the same lot as the existing dwelling. The Development Engineering review fee for the site plan review for these permits is $94. c)All new single family dwelling construction in a residential zone is subject to the following fee schedule: Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $74,999 ..................................$ 93 $93 $148 $75,000-$124,999...........................$186 $186 $148 $125,000 - $224,999 .......................$371 $371 $148 Over $225,000................................$558 $558 $148 d) All new buildings, tenant improvements, and accessory living quarters in a commercial or industrial zone and other construction and Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 development activity, other than single family dwelling construction, is subject to the following fee schedule: Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $99,999 ..................................$620 $620 $74 $100,000-$249,999.........................$1,238 $1,238 $74 $250,000 - $499,999 .......................$1,858 $1,858 $74 $500,000 - $999,999 .......................$2,476 $2,476 $74 $1,000,000 - $4,999,999..................$3,714 $3,714 $74 $5,000,000 - $10,000,000................$4,954 $4,954 $74 Over $10,000,000 ...........................$6,192 $6,192 $74 e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor. These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements. The combined total of the cost estimates for all development on the site shall be the established value basis for the zoning permit fee [as listed in 12c or 12d categories above as appropriate]. (13) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a Hearing Examiner decision are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (14) Application fees may be reduced by 75% if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and downtown design review. Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use development where the commercial and residential uses are not located within the same building. (15) Plat alteration fees are determined after review whether the changes requested are minor or major. A minor change is done administratively and the fee is 25% of the cost of the original preliminary plat fee. A major Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 change requires a public hearing or meeting and the fee is 50% of the cost of the original preliminary plat fee. A public notice board is required for a major alteration. (16) For applications that require a public hearing before the city’s Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner’s hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner’s decision. This requirement shall not apply to appeal hearings. (17) These funds are distributed to the King County Assessor’s Office by the City. (18)A fee deferral lien may be recorded in lieu of transportation, fire and school impact fees for building permits associated with single family residential homes built for resale, consistent with the requirements of Kent City Code 12.20. (19)The engineering fee only applies to freestanding signs, not wall mounted signs. (20)The applicant shall pay all document recording fees charged by King County, and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (21)For applications that require public notice, the applicant shall reimburse the City for 100% of publication and mailing costs. Reimbursement shall be paid to the City prior to issuance of the final decision. Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 Permit Application Type Review/Intake Fee Inspection / Issuance Fee Total Fee Notes Civil Construction - Non- Residential $5,988/$18,900/$57,44 8 $4,633/$14,614/$44,73 3 $10,621/$33,514/$102,1 81 (1a) Civil Construction - Minor $748/$1,684 $535/$1,426 $1,283/$3,110 (1b) Civil Construction - Plats $17,964/$34,619 $13,901/$26,911 $31,865/$61,530 (1c) Civil Construction -Short Plats $2,246/$5,800 $1,604/$5,838 $3,850/$11,638 (1d) Critical Areas - Reasonable Use or Variance $2,621 $0 $2,621 Critical Areas - Monitoring Report $9,4711,030 $0 $1,030 (2a, 2b) Critical Areas – Delineation Report Review $2,060 $0 $2,060 (2a, 2c) Critical Areas – Conceptual Mitigation Plan $1,873 $0 $1,873 (2a, 2c) Critical Areas – Final Mitigation Plan $2,808 $2,140 $4,949 (2a, 2c) Demolition Permit $375 $357 $731 Deviation Request to Construction Standards $807 $178 $1,021 Grade and Fill -Major -Tier 1 $749 $1,070 $1,820 (3a) Grade and Fill - Major - Tier 2 $1,124 $1,426 $2,550 (3a) Grade and Fill - Major - Tier 3 $1,498 $2,853 $4,352 (3a) Grade and Fill -Major -Tier 4 $1,873 $4,281 $6,153 (3a) Grade and Fill - Minor $562 $535 $1,097 (3a) Grade and Fill - Minor (SF Only) $187 $178 $365 (3b) Hearing Examiner Actual Cost Actual Cost (4) Hourly Rate $114 $148 Recording Fees Actual Cost Actual Cost (5) Sewer - Certificate of Availability $281 $89 $370 Sewer -Permit $94 $446 $539 (6) Street Cut Permits $375 $535 $909 (7) Street Use Permits $187 $268 $456 Water - Certificate of Availability $281 $89 $370 Water - Permit $94 $446 $539 Water Backflow Inspection $0 $178 $178 Backflow Prevention Assembly Annual Administrative Fee $0 $100 $100 Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 TABLE 2 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 2. Additional re-submittal reviews, whether attributed to the application’s action or inaction, shall be charged at the hourly rate listed in Table 2. (1)Civil Construction a. Applies to work with a construction valuation of $60,000 or greater with the following sub-categories: Non-Residential Tier Construction Valuation Small $60,000 - $199,999 Medium $200,000 - $1,099,999 Large >/= $1,100,000 b. Applies to work, residential or non-residential, with a construction valuation of less than $60,000. The lower fee applies to work with valuations less than $20,000.00. c. The lower fee applies to plats 39 lots and less. d. The lower fee applies to short plats 4 lots and less. (2) Critical Areas (a) Review fees for a single family residential parcel only may be reduced by 25%. (b) Fee assumes one site visit to verify report findings, one review and one letter of acceptance from the city. Additional site visits and/or reviews will be billed at the hourly rate for staff time plus time and materials for city consultant time. (c) Fee assumes one site visit or review, one re-review and one approval letter from the city. Additional site visits and/or reviews will be billed at the hourly rate for staff time plus time and materials for city consultant time. (3) Grade and Fill Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 a. The quantities and review thresholds for Grade and Fill permits are as follows: Grade and Fill Quantity Cleared or Disturbed Area New or Replaced Hard Surface Tier 0 cy - 49 cy 0 sf - 6,999 sf 0 sf - 1999 sf 0 50 cy - 499 cy 7,000 sf - <3/4 acre 2,000 sf - 4,999 sf Minor 500 cy - 4,999 cy 3/4 ac - <1 ac 5,000 sf - <1 ac 1 5,000 cy - 49,999 cy 1 ac - <2.5 ac 1 ac - <2.5 ac 2 50,000 cy - 99,999 cy 2.5 ac - <5 ac 2.5 ac - <5 ac 3 100,000 cy and larger 5 ac and larger 5 ac and larger 4 b.The Minor Single Family Grade and Fill fees apply to work performed on one single family residential parcel of 6,999 sf or less only. Short Plats, Plats, and other projects spanning multiple parcels fall into the other categories. (4) For applications that require a public hearing before the city’s Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner’s hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner’s decision. This requirement shall not apply to appeal hearings. (5)The applicant shall pay all document recording fees charged by King County and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (6)Side sewer permit Inspection / Issuance Fee may be reduced by 50% if the work is an emergency repair only. New installations, grease interceptors, and similar work is subject to the full fee listed in the table. (7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if the following criteria are met: a. The location of the work is behind the curb and gutter (if any), or outside the pavement surface (if no curb and gutter exist), and b. The size of the disturbed area is 50 square feet or less, and c. The work is in front of a single family residential zoned parcel only, and d. There is no traffic control plan required, and e. The work is not being done by a franchised utility company. 1 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 RESOLUTION NO. ___________ A RESOLUTION of the City Council of the city of Kent, Washington, adopting and amending Kent City Code fees for 2017, including business license, planning, and land use application fees; permit and inspection fees required to comply with the provisions of the International Building, Residential, Mechanical, Fire, and other related Codes and the Uniform Plumbing Code; other miscellaneous City permit and application fees; and repealing Resolution No. 1939. RECITALS A. Through Resolution No. 1851, adopted by the Kent City Council on December 13, 2011, Council established all development fees in one location. These fees are then reviewed every few years for adjustments that may be appropriate due to changes in regulatory laws, costs of operation, and other factors. The City has made these fee adjustments at various times, the latest being by its adoption of Resolution 1939, on December 13, 2016, which amended the fees and repealed the prior fee resolution, Resolution No. 1902. B. After Resolution No. 1939 was passed by Council, staff discovered that mathematical errors existed in some of the plan review, 2 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 inspection, and permit fees that require correction. The Kent City Council finds that it is appropriate to correct those fees going forward, and a new resolution should be adopted that will have the effect of amending Resolution No. 1939 by repealer and adoption of this new resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Business License Fees. In accordance with chapter 5.01 of the Kent City Code (KCC), annual fees for business licenses will be based on the number of full and part-time employees employed at each business with certain exceptions for multi-family apartment and condominium businesses, home occupation businesses, and contractors doing business in Kent whose physical address is outside the city of Kent. The fees will be assessed as follows: A. Fees based on the number of full-time and part-time employees will be as follows: Number of Employees of Business Fee 0 – 24 $100 25 – 49 $200 50 – 99 $400 100 or more $600 B. The business license fee for multi-family apartments and condominium businesses is based on the number of dwelling units as noted in the schedule below. The business license fees will be waived for apartments and condominiums that participate in and are in compliance with the guidelines set forth in the STAR program in accordance with chapter 5.14 KCC. 3 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 Number of Multi-Family Dwelling Units Fee 2 – 10 Units $100 11-50 Units $300 51 Units and above $600 C. The Home occupation business license fee is $50.00. D. Contractors doing business in Kent whose physical location is outside the city of Kent will be assessed a $100 fee. SECTION 2. – Permit Technology Fee. As authorized by KCC Section 3.11.010(c), a technology fee for all business license transactions will be assessed in the amount of one dollar ($1) per transaction; every other fee established by this resolution will be assessed a technology fee in an amount equal to three percent (3%) of the fee or ten dollars ($10.00), whichever is greater, with the exception of the exclusions listed in Exhibit A. SECTION 3. –Hearing Examiner Fees. As authorized by KCC Section 2.32.155, the fee that an applicant will pay for any permit or approval that requires either an open or a closed record public hearing before the city’s hearing examiner and the fee for any appeal of any decision or recommendation to the hearing examiner will be in the amounts shown on Exhibits B through F. SECTION 4. – International Fire Code Fees. As authorized by KCC Section 13.01.120, the fee schedule attached as Exhibit B will govern the monetary charges assessed by the city for reviewing and processing permit applications, for issuing permits and other approvals, and for all related inspections. 4 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 SECTION 5. – International Building Code and International Residential Code – Building permit and plan review fees. Pursuant to KCC Section 14.01.090, the fees to be assessed for building permits and related inspections under the International Building Code or the International Residential Code will be as set forth in Exhibit C, with the following modifications: 1. Standard plan review Fees. Whenever construction documents, as defined in the International Building Code and International Residential Code, are submitted for review pursuant to section 107 of the International Building Code or section R106 of the International Residential Code, a plan review fee equal to sixty-five (65) percent of the building permit fee will be assessed. 2. Basic plan review fees. The basic plan review fee, after and in addition to the payment of the initial standard plan review fee set forth in subsection (1) above, will be a fee of one hundred one dollars and sixty- nine cents ($101.69) for each permit issued upon a certified basic plan. Additional plan review fees will also be assessed at a rate of one hundred thirty-six dollars and fifty cents ($136.50) per hour, or a portion thereof for an additional plan review required for changes, additions, or revisions to plans. 3. Administration of basic plans. Basic plans will be administered as follows: a. “Basic plans” are defined as complete plans for an entire detached single family residential building that: (i) Are clearly marked as being approved and certified as “basic” by the building official; 5 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 (ii) Bear the author’s (including, but not limited to, architect, engineer, or others) acknowledgment and approval of the plans submitted for use in the construction of a number of buildings, without any limitation of quantity or location. If any portion is designed by a licensed architect or engineer, this acknowledgment will bear the author’s stamp and signature. (iii) Basic plan review fees will apply only to detached single family residential buildings and will apply only to the originating owner or applicant. (iv) Changes to basic plans that alter the exterior dimensions or structure of the building will be treated as a new permit application. b. The process for administering basic plans will be as follows: (i) Any person may apply for plan review and certification of a basic plan by filing an application for basic plan review and certification, along with two (2) or more complete sets of plans and the standard plan review fee. (ii) Upon completion and approval of plan review, the applicant will provide reproducible copies of complete, approved plans to the building official. c. The city’s building official is authorized and empowered to interpret and determine the applicability and administration of the provisions of this section. 6 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 SECTION 6. - International Mechanical Code – Mechanical permit and plan review fees. Pursuant to KCC Section 14.01.090, the fees to be assessed for mechanical permits issued for the installation of mechanical equipment under the International Mechanical Code or the International Residential Code, as may be applicable, will be as set forth in Exhibit D, with the following modifications: 1. Standard plan review fees. Whenever construction documents, as defined in the International Mechanical Code or the International Residential Code, are submitted for review pursuant to section 106 of the International Mechanical Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the mechanical permit fee will be assessed. SECTION 7. - Uniform Plumbing Code – Plumbing permit and plan review fees. Pursuant to KCC Section 14.01.090, the fees to be assessed for plumbing permits issued for the installation of plumbing equipment under the Uniform Plumbing Code or the International Residential Code, as may be applicable, will be as set for in Exhibit E, with the following modifications: 1. Whenever construction documents, plans, specifications, engineering calculations, diagrams or other data are submitted for review pursuant to section 103 of the Uniform Plumbing Code or section R106 of the International Residential Code, a plan review fee equal to twenty-five (25) percent of the plumbing permit fee will be assessed. SECTION 8. – Construction, Land Use and Development Fees. Pursuant to chapters 6.03, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and other authorizations elsewhere in the Kent City Code, the applications, permits, 7 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 approvals, review, inspection and other fees for various construction, land use and development actions will be as shown in Exhibit F. SECTION 9. - Annual Consumer Price Index (CPI) Adjustment. On the first day of each calendar year, all fees, rates, and charges established in this resolution will adjust by the Consumer Price Index (CPI), specifically the CPI-W Seattle-Tacoma-Bremerton, measured from June 1 through June 1, if the CPI-W reflects an upward adjustment from the previous annual June to June period. This section and its related CPI adjustments will not apply, however, to any Section 1, Business License Fees, and Section 2, Permit Technology Fees. SECTION 10. – Repealer – Resolution No. 1939. Resolution No. 1939 is hereby repealed in its entirety, along with all resolutions repealed through Resolution No. 1939 and prior related resolutions; provided, however, that Resolution No. 1939, and the fees established by that resolution, will remain in full force and effect through February 21, 2017.. All acts consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 11. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, that decision will not affect the validity of the remaining portions of this resolution. / / / / / / / / 8 2017 Fee Resolution–Correct Fee Rates and Repeal Resolution No. 1939 SECTION 13. - Effective Date. This resolution will 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 _____________, 2017. CONCURRED in by the mayor of the city of Kent this _______ day of ________________, 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 ____________________, 2017. KIMBERLEY A. KOMOTO, CITY CLERK P:\Civil\Resolution\Fee Resolution 2017-CORRECTION-With Redlined Exhibits.docx Exhibit A Technology Fee Exceptions Excluded from technology fees: 1. Fire permit fees for fireworks stands or displays; 2. Appeals; 3. Code text amendments, comprehensive plan map or text amendments, pre-application conferences, public notice boards and zone map amendments (rezones) under Exhibit “F” of this resolution; and 4. Fees listed under “Other inspections and Fees” in Exhibits “B,” “C,” “D,” and “E” of this resolution, except that a technology fee will be assessed and collected for each Adult Family Home licensing inspection under Exhibit “C.” Exhibit “B” City of Kent Fire Permit Fees Permit Issuance Fees: Fee Issuance of each annual operational permit under the fire code Hazardous Materials or High-piled storage permits $276.05 All other permits $138.02 Issuance of each annual fire protection system permit, per building $163.15 Issuance of a residential home heating fuel tank removal permit, per application $307.44 Issuance of a fireworks permit for a fireworks display, per application $189.78 * rate fixed by state regulations Development Plan Review and Permit Fees: Fee Fire Prevention Construction Permits- Plan Review Fee 65% of permit fee Permit Fee Per Permit Fee Valuation Table Total Value of Project Permit Fee $1.00 to $500.00 $105.65 $501.00 to $2,000.00 $105.65 for the first $500.00, plus $13.78 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $312.39 for the first $2,000.00, plus $63.06 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $ 1,762.51 for the first $25,000.00, plus $45.50 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $ 2,900.39 for the first $50,000.00, plus $31.55 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $ 4,477.54 for the first $100,000.00, plus $25.28 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $14,589.33 for the first $500,000.00, plus $23.96 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $26,564.11 Review of Building Permits Single-Family Plan Review 42.7% of the building permit fee Commercial Plan Review 58% of the building permit fee Review of Land Use Applications- Boundary Line Adjustment $231.53 Binding Site Plan $379.57 Short Subdivision $379.50 Other Site Plan Reviews $186.00 Exhibit “B” - Continued City of Kent Fire Permit Fees Preliminary Plat $1,256.36 Residential Variances $148.04 Other Project Approvals $223.94 SEPA Checklist $269.49 SEPA Checklist as Part of a Project $136.64 Requiring Hearing Examiner Approval $402.36 Other Inspections and Fees: Fee Each hydrant flow request (Two hour minimum) $173.17 per hour Initial fire and life safety inspection for new business, per application $135.52 Inspections outside of normal business hours (Two hour minimum charge) $173.17 per hour Additional inspections required: • when a construction inspection is not complete or fails to pass inspection; • when required corrections on an operational permit or fire inspection system permit have not been corrected by the second inspection; • when work is not accessible; • when work is not ready by scheduled inspection time; • when the construction permit or approved plans are not made readily available; • when the project requires multiple inspections for phased construction; • when requesting Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO) approval; or • when requesting inspections required for licensing and/or certifications. (One hour minimum charge). $173.17 per hour Additional plan review required by: • re-submittals*, • changes, • deferred submittals, • additions, or revisions to plans. *One re-submittal will be included in the plan review fee. (One hour minimum charge) $173.17 per hour Hazardous material inventory statement, management plan, or facility closure plan review and approval. (Two hour minimum charge) $173.17 per hour Code Modification or Alternative Materials and Methods Request (Three hour minimum charge) $173.17 per hour Appeal filing fee $402.36 Penalty Fees: Fee Failing to mark or maintain the marking of a designated fire lane. $250.03 Exhibit “C” City of Kent Building Permit Fees Total valuation determined by building official Permit Fee Assessed $1.00 to $500.00 $37.24 $501.00 to $2,000.00 $37.24 for the first $500.00, plus $4.85 for each additional $100.00, or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $109.94 for the first $2,000.00, plus $22.24 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $621.30 for the first $25,000.00, plus $16.04 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $1,022.45 for the first $50,000.00, plus $11.12 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $1,578.28 for the first $100,000.00, plus $8.91 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $5,142.17 for the first $500,000.00, plus $7.51 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $8,895.81 for the first $1,000,000.00, plus $5.01 for each additional $1,000.00, or fraction thereof. Other Inspections and Fees: For inspections outside of normal business hours and Adult Family Home licensing inspections (minimum charge – two hours) ............................. $ 136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available .......................................................................... $ 136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans .......................................................................... $ 136.50 per hour Investigation fee when work is commenced prior to obtaining required Building, mechanical, or plumbing permit ....................................................... 100% of permit fee Appeal filing fee ................................................................................................................ $317.14 Exhibit “D” City of Kent Mechanical Permit Fees Permit Issuance Fees: 1. For the issuance of each mechanical permit ......................................................... $42.82 2. For issuing each supplemental permit for which the original permit has not expired, been canceled, or finalized ...................................................................... $13.38 Unit Fee Schedule: 1. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, up to and including 100,000 Btu/h (29.3 kW) ........................................ $26.78 2. For each forced-air or gravity-type furnace or boiler, including ducts and vents attached, over 100,000 Btu/h (29.3 kW) ............................................................... $34.78 3. For each floor furnace, suspended heater, recessed wall heater or floor-mounted heater, including vent ............................................................................................ $26.78 4. For each appliance vent not included in an appliance permit ............................... $13.38 5. For repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including controls, regulated by the mechanical code or residential code ........................................................................................ $25.42 6. For each boiler or compressor:  to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW).................................... $26.78  over 3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to an including 500,000 Btu/h (146.6 kW) ................................................ $49.51  over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW) to and including 1,000,000 (293.1 kW) .................................................... $68.24  over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 (512.9 kW) ................................ $101.68  over 50 horsepower (176 kW) or each absorption system over 1,750,000 Btu/h (512.9 kW) ................................................................... $169.93 7. For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4,719 L/s), including ducts attached thereto, which is not a portion of factory assembled appliance or unit for which a permit is required .................. $20.06  over 10,000 cfm (4,719 L/s) ..................................................................... $34.78 8. For each evaporative cooler other than portable type ........................................... $20.06 9. For each ventilation fan connected to a single duct .............................................. $13.38 10. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit ..................................................... $20.06 11. For each hood served by mechanical exhaust, including the ducts for such hood ......................................................................................................... $20.06 12. For each domestic-type incinerator ....................................................................... $34.78 13. For each commercial or industrial-type incinerator ............................................... $26.78 Exhibit “D” - Continued City of Kent Mechanical Permit Fees Unit Fee Schedule (cont.): 14. For each mechanical appliance or piece of equipment regulated by the mechanical code or the residential code, not classed in other appliance categories, or for which no other fee is listed in this table .................................... $20.06 15. For each fuel gas or fuel oil piping system of one to five outlets .......................... $10.70 16. For each additional piping system outlet, per outlet ................................................ $4.01 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge – two hours) .......................................................................... $136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available .......................................................................... $136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans .......................................................................... $136.50 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit ....................................................... 100% of permit fee Appeal filing fee ................................................................................................................ $317.14 Exhibit “E” City of Kent Plumbing Permit Fees Permit Issuance Fees: 1. For the issuance of each plumbing permit ............................................................ $37.46 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finalized ...................................................................... $20.06 Unit Fee Schedule: 1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage piping and backflow protection therefore .............................................................. $13.38 2. For each building sewer and each trailer park or mobile home park sewer ......... $26.78 3. Rainwater systems-per drain (inside building) ..................................................... $13.38 4. For each water heater and/or vent ........................................................................ $13.38 5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps .................................................... $13.38 6. For each installation, alteration or repair of water piping and/or water treating equipment, each .............................................................................................................................. $13.38 7. For each repair or alteration of drainage or vent piping, each fixture ................... $13.38 8. For each lawn sprinkler system on any one meter including backflow protection devices therefore .............................................................................................................................. $13.38 9. For atmospheric-type vacuum breakers not included in item 8: 1 to 5 vacuum breakers ........................................................................... $10.70 over 5 vacuum breakers, each ................................................................... $4.01 10. For each backflow protective device other than atmospheric-type vacuum breakers: 2 inch (51 mm) diameter or smaller ......................................................... $13.38 over 2 inch (51 mm) diameter .................................................................. $26.78 11. For each graywater or reclaimed water system .................................................... $75.66 12. For each medical gas piping system for a specific gas: 1 to 5 inlets/outlets ................................................................................................ $92.33 over 5 inlets/outlets, each ..................................................................................... $10.70 Other Inspections and Fees: For inspections outside of normal business hours (minimum charge – two hours) .......................................................................... $136.50 per hour Reinspection fees assessed when work for which an inspection is requested is not complete, when required corrections have not been made, when work is not accessible, or when the permit or approved plans are not made readily available ........................................................................... $136.50 per hour Additional plan review required by changes, deferred submittals, additions, or revisions to plans ........................................................................... $136.50 per hour Investigation fee when work is commenced prior to obtaining required building, mechanical, or plumbing permit ........................................................ 100% of permit fee Appeal filing fee ................................................................................................................ $317.14 Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 Permit Application Type Planning Fee Development Engineering Fee Public Works Fee Total Fees Notes Accessory Dwelling Unit $93 $0 $0 $93 (1) Administrative Determination Letter $174 $0 $0 $174 Appeal of Administrative Interpretation / Decision $372 $0 $0 $372 Appeal of SEPA Determination $372 $0 $0 $372 Appeal of Short Plat $372 $0 $0 $372 Binding Site Plan - Preliminary $932 $3,370 $0 $4,303 Binding Site Plan Modification $558/$745 $936 $0 $1,494/$1,681 (2) Code Text Amendment $932/$2,795 $0 $0 $932/$2,795 (10) (11) Combining Districts $2,796 $0 $0 $2,796 (10) Comprehensive Plan Map Amendment $2,796 $0 $0 $2,796 (10) Comprehensive Plan Text Amendment $2,796 $0 $0 $2,796 (10) Concept Meeting Review No charge No charge No charge Conditional Use $3,726 $936 $0 $4,662 (13) Document Recording Fees Actual cost $0 $0 Actual Cost (20) Downtown Design Review $371/$932 $94/$187 $0 $466/$1,119 (3) (14) Fee Deferral Lien $248 $0 $0 $248 (18) Hearing Examiner-Conduct of Hearing and Preparation of Decision Actual cost $0 $0 Actual cost (16) Hourly rate $114 $114 $148 N/A Lot Line Adjustment $558 $749 $757 $2,064 Lot Line Elimination $186 $187 $189 $563 Mixed Use Design Review $932 $187 $0 $1,119 (14) Multi-Family Design Review $932 + $19/unit $187 $0 $1,119 + $19/unit (14) Multi-Family Dwelling Tax Exemption - Application $1,000 $0 $0 $1,000 Multi-Family Dwelling Tax Exemption - Final Application $1,000 $0 $0 $1,000 (17) Multi-Family Tax Exemption Appeal - Conditional, Final, Extension $372 $0 $0 $372 Multi-Family Tax Exemption Extension of Conditional Certificate $50 $0 $0 $50 Multi-Family Tax Exemption – Contract Amendment $500 $0 $0 $500 Planned Unit Development Plan $4,658 + $87/unit $6,929 $0 $11,587 + $87/unit Planned Unit Development Plan Modification $464/$1,397$ $375/$1,498 $0 $839/$2,895 (4) Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 Permit Application Type Planning Fee Development Engineering Fee Public Works Fee Total Fees Notes Plat Modification/Alteration Minor/Major Minor: ¼ of plat fee Major: ½ of plat fee Minor: ¼ of plat fee Major: ½ of plat fee (15) Pre-Application Conference $465 $0 $0 $465 Public Notice Actual cost of publication (21) Public Notice Board $186 $0 $0 $186 (5) SEPA Checklist $465/$1,304 $558/$936 $0 $1,023/ $2,240 (6) SEPA Modification $141/$465 $94/$187 $0 $235/$65 2 (7) SEPA Exempt Determination $174 $0 $0 $174 SEPA Environmental Impact Statement $3,725 + deposit $0 $0 $3,725 + deposit (8) Shoreline Conditional Use $2,235 $538 $0 $2,773 (13) Shoreline Exempt Determination $372 $187 $0 $559 Shoreline Substantial Development $1,864 $562 $0 $2,426 Shoreline Variance $1,397 $562 $0 $1,959 (13) Short Plat (2-4 lots) – Preliminary Plat $1,397 $1,873 $0 $3,270 Short Plat (5-9 lots) - Preliminary Plat $3,725 + $93/lot $3,370 $0 $7,095 + $93/lot Short Plat - Final Plat or Final Binding Site Plan $2,795 + $38/lot $1,873 $1,512 $6,180 + $38/lot Sign Permit $280 $94 $0 $374 (19) Special Home Occupation Permit $558 $0 $0 $558 (13) Subdivision - Preliminary Plat $6,521 + $93/lot $6,929 $0 $13,450 + $93/lot Subdivision - Final Plat $3,728 + $38/lot $5,056 $4,526 $13,310 + $38/lot Temporary Use $57 $57 $0 $114 Temporary Sign $141 $0 $0 $141 Variance - Administrative $558 $187 $0 $745 Variance - Single Family Dwelling $558 $94 $0 $652 (13) Variance - Sign & Other than Single Family Dwelling $3,726 $187 $0 $3,913 (13) WTF Administrative Permit $558 $0 $0 $558 WTF Conditional Use $3,726 $375 $0 $4,101 Zone Map Amendment (Rezone) $3,726 $0 $0 $3,726 (10) Zoning Permit / Site Plan Review $47/$94/value $47/$94/valu e $0 $94/$188 /value (12a- 12e) (14) Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 TABLE 1 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 1. Additional re-submittal reviews, whether attributed to the application’s action or inaction, shall be charged at the hourly rate listed in Table 1. (1) The fees are applicable for an attached accessory dwelling unit, an interior accessory dwelling unit or for a detached accessory dwelling unit in a single- family residential zone. The fee includes the cost of the Planning Services Office recording of the accessory dwelling unit covenant documents with King County. An accessory living quarters in a commercial or industrial zone is subject to the applicable construction value-based fee. (2) Any changes to an approved, but unrecorded Binding Site Plan is subject to the $558 fee for a modification to a Binding Site Plan. Any changes to a recorded Binding Site Plan are subject to the $745 fee for a modification to a Binding Site Plan. (3) The planning $371 and engineering $94 review fees are applicable to minor alterations and improvements. The planning $932 and engineering review $187 fees are applicable to all new buildings, redevelopment, and major alterations and improvements. (4) Any minor change to an approved Planned Unit Development Plan is subject to the planning $464 and engineering review $375 fees for a modification. Any major change to an approved Planned Unit Development Plan is subject to the planning $1,397 and engineering review $1,498 fees for a modification. (5) The Planning Director has the authority to change this fee as needed to cover City expenditures. (6) The planning $465 and engineering review $558 fees are applicable only to SEPA review of construction of one single family dwelling on an individual parcel. All other SEPA checklist applications are subject to both the planning $1,304 fee and the engineering review $936 fee. (7) The planning $141 and engineering review $94 fees are applicable only to modifications to a SEPA determination for one single family dwelling on an individual parcel. All other modifications to a SEPA determination are subject to the planning $465 and engineering review $187 fees. (8) $3,725 fee plus a deposit, equal to the estimated cost of contract services necessary to complete the EIS process, must be submitted to the city. Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 (9) Deleted. (10) Application requires public hearings. If multiple permit applications which require the same hearing procedure are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (11) The $932 fee is applicable to amendments to Single Family Residential zones only. Amendments to all other zoning districts or sections of the zoning code are subject to the $2,795 fee. (12) a) The $47 fee is applicable for Minor Single Family Dwelling Construction on an existing dwelling such as a deck, minor addition of less than 25% of existing floor area, interior remodel or accessory building of 500 square feet or less on the same lot as the existing dwelling. The Development Engineering review fee for the site plan review for these permits is $47. b) The $94 fee is applicable for Major Single Family Dwelling Construction on an existing dwelling such as major addition of more than 25% of existing floor area or an accessory building of more than 500 square feet on the same lot as the existing dwelling. The Development Engineering review fee for the site plan review for these permits is $94. c) All new single family dwelling construction in a residential zone is subject to the following fee schedule: Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $74,999 ................................... $ 93 $93 $148 $75,000-$124,999 ........................... $186 $186 $148 $125,000 - $224,999 ....................... $371 $371 $148 Over $225,000 ................................ $558 $558 $148 d) All new buildings, tenant improvements, and accessory living quarters in a commercial or industrial zone and other construction and development activity, other than single family dwelling construction, is subject to the following fee schedule: Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 Building Services Planning Engineer Eng. Construction Valuation Fee Review Insp. Fee Fee $0 - $99,999 ................................... $620 $620 $74 $100,000-$249,999 ......................... $1,238 $1,238 $74 $250,000 - $499,999 ....................... $1,858 $1,858 $74 $500,000 - $999,999 ....................... $2,476 $2,476 $74 $1,000,000 - $4,999,999 .................. $3,714 $3,714 $74 $5,000,000 - $10,000,000 ................ $4,954 $4,954 $74 Over $10,000,000 ............................ $6,192 $6,192 $74 e) The zoning permit fee for those development projects for which no building permit is required but which requires site plan review and a zoning permit, shall be based on the value of the proposed development to be undertaken. The value of the proposed construction/ development shall be determined based on professional estimates by a licensed engineer, architect, landscape designer or contractor. These estimates may include, but are not limited to, grade and fill of the site, paving, placement of utilities, lighting, landscaping, and other site improvements. The combined total of the cost estimates for all development on the site shall be the established value basis for the zoning permit fee [as listed in 12c or 12d categories above as appropriate]. (13) Application requires a public hearing before the Hearings Examiner. If multiple permit applications which require a Hearing Examiner decision are submitted at the same time, the applicant will be charged the full fee for the permit application with the highest fee and 50% of the established fee for each of the other permits eligible for a consolidated review and hearing. (14) Application fees may be reduced by 75% if the application is for a mixed-use building. Fee reduction applies to site plan review/zoning permit, mixed use design review, multi-family design review and downtown design review. Fee waivers do not apply to SEPA, short plat, subdivision or other permit requests associated with the development of a site, nor does fee reduction apply to mixed use development where the commercial and residential uses are not located within the same building. (15) Plat alteration fees are determined after review whether the changes requested are minor or major. A minor change is done administratively and the fee is 25% of the cost of the original preliminary plat fee. A major change requires a public hearing or meeting and the fee is 50% of the cost of Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 1 the original preliminary plat fee. A public notice board is required for a major alteration. (16) For applications that require a public hearing before the city’s Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner’s hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner’s decision. This requirement shall not apply to appeal hearings. (17) These funds are distributed to the King County Assessor’s Office by the City. (18) A fee deferral lien may be recorded in lieu of transportation, fire and school impact fees for building permits associated with single family residential homes built for resale, consistent with the requirements of Kent City Code 12.20. (19) The engineering fee only applies to freestanding signs, not wall mounted signs. (20) The applicant shall pay all document recording fees charged by King County, and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (21) For applications that require public notice, the applicant shall reimburse the City for 100% of publication and mailing costs. Reimbursement shall be paid to the City prior to issuance of the final decision. Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 Permit Application Type Review/Intake Fee Inspection / Issuance Fee Total Fee Notes Civil Construction - Non- Residential $5,988/$18,900/$57,44 8 $4,633/$14,614/$44,73 3 $10,621/$33,514/$102,1 81 (1a) Civil Construction - Minor $748/$1,684 $535/$1,426 $1,283/$3,110 (1b) Civil Construction - Plats $17,964/$34,619 $13,901/$26,911 $31,865/$61,530 (1c) Civil Construction - Short Plats $2,246/$5,800 $1,604/$5,838 $3,850/$11,638 (1d) Critical Areas - Reasonable Use or Variance $2,621 $0 $2,621 Critical Areas - Monitoring Report $1,030 $0 $1,030 (2a, 2b) Critical Areas – Delineation Report Review $2,060 $0 $2,060 (2a, 2c) Critical Areas – Conceptual Mitigation Plan $1,873 $0 $1,873 (2a, 2c) Critical Areas – Final Mitigation Plan $2,808 $2,140 $4,949 (2a, 2c) Demolition Permit $375 $357 $731 Deviation Request to Construction Standards $807 $178 $1,021 Grade and Fill - Major - Tier 1 $749 $1,070 $1,820 (3a) Grade and Fill - Major - Tier 2 $1,124 $1,426 $2,550 (3a) Grade and Fill - Major - Tier 3 $1,498 $2,853 $4,352 (3a) Grade and Fill - Major - Tier 4 $1,873 $4,281 $6,153 (3a) Grade and Fill - Minor $562 $535 $1,097 (3a) Grade and Fill - Minor (SF Only) $187 $178 $365 (3b) Hearing Examiner Actual Cost Actual Cost (4) Hourly Rate $114 $148 Recording Fees Actual Cost Actual Cost (5) Sewer - Certificate of Availability $281 $89 $370 Sewer - Permit $94 $446 $539 (6) Street Cut Permits $375 $535 $909 (7) Street Use Permits $187 $268 $456 Water - Certificate of Availability $281 $89 $370 Water - Permit $94 $446 $539 Water Backflow Inspection $0 $178 $178 Backflow Prevention Assembly Annual Administrative Fee $0 $100 $100 Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 TABLE 2 NOTES: Two (2) re-submittals of the plans are included with the review fees described in Table 2. Additional re-submittal reviews, whether attributed to the application’s action or inaction, shall be charged at the hourly rate listed in Table 2. (1) Civil Construction a. Applies to work with a construction valuation of $60,000 or greater with the following sub-categories: Non-Residential Tier Construction Valuation Small $60,000 - $199,999 Medium $200,000 - $1,099,999 Large >/= $1,100,000 b. Applies to work, residential or non-residential, with a construction valuation of less than $60,000. The lower fee applies to work with valuations less than $20,000.00. c. The lower fee applies to plats 39 lots and less. d. The lower fee applies to short plats 4 lots and less. (2) Critical Areas (a) Review fees for a single family residential parcel only may be reduced by 25%. (b) Fee assumes one site visit to verify report findings, one review and one letter of acceptance from the city. Additional site visits and/or reviews will be billed at the hourly rate for staff time plus time and materials for city consultant time. (c) Fee assumes one site visit or review, one re-review and one approval letter from the city. Additional site visits and/or reviews will be billed at the hourly rate for staff time plus time and materials for city consultant time. (3) Grade and Fill Exhibit “F” City of Kent Planning, Development Engineering, Public Works, and Land Use Review Fees Table 2 a. The quantities and review thresholds for Grade and Fill permits are as follows: Grade and Fill Quantity Cleared or Disturbed Area New or Replaced Hard Surface Tier 0 cy - 49 cy 0 sf - 6,999 sf 0 sf - 1999 sf 0 50 cy - 499 cy 7,000 sf - <3/4 acre 2,000 sf - 4,999 sf Minor 500 cy - 4,999 cy 3/4 ac - <1 ac 5,000 sf - <1 ac 1 5,000 cy - 49,999 cy 1 ac - <2.5 ac 1 ac - <2.5 ac 2 50,000 cy - 99,999 cy 2.5 ac - <5 ac 2.5 ac - <5 ac 3 100,000 cy and larger 5 ac and larger 5 ac and larger 4 b. The Minor Single Family Grade and Fill fees apply to work performed on one single family residential parcel of 6,999 sf or less only. Short Plats, Plats, and other projects spanning multiple parcels fall into the other categories. (4) For applications that require a public hearing before the city’s Hearing Examiner, the project applicant is responsible for 100% of the Hearing Examiner’s hourly fee and associated expenses. Payment in full shall be submitted to the City prior to release of the Hearing Examiner’s decision. This requirement shall not apply to appeal hearings. (5) The applicant shall pay all document recording fees charged by King County and all administrative fees charged by the title company for processing. Payment in full shall be submitted to the City before documents are sent for recording. (6) Side sewer permit Inspection / Issuance Fee may be reduced by 50% if the work is an emergency repair only. New installations, grease interceptors, and similar work is subject to the full fee listed in the table. (7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if the following criteria are met: a. The location of the work is behind the curb and gutter (if any), or outside the pavement surface (if no curb and gutter exist), and b. The size of the disturbed area is 50 square feet or less, and c. The work is in front of a single family residential zoned parcel only, and d. There is no traffic control plan required, and e. The work is not being done by a franchised utility company. Agenda Item: Other Business – 8A_ TO: City Council DATE: February 21, 2017 SUBJECT: Riverbend Gateway Development Update – Information Only SUMMARY: Progress continues as the selected developer, FNW, and the City negotiate and finalize various agreements for FNW’s “Marquee on Meeker” project. Currently, staff projects that Council will hold a public hearing on the development agreement, one of a number of agreements being finalized, at Council’s March 7, 2017, regular meeting. The purpose of this presentation is to give the public and the city council a brief update on the progress of this development. INFORMATION ONLY This page intentionally left blank. BIDS This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 11 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 02/21/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 21, 2017 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • The Kent City Council held its annual retreat on Saturday, February 4, at Green River College at Kent Station. Council President Bill Boyce and Chief Administrative Officer Derek Matheson met later in the week to discuss next steps. The council expects to have a mini-retreat this summer, as well. • Mayor Suzette Cooke hosted her final Mayor’s Breakfast for city employees on Thursday, February 9, at the senior center. She announced Information Technology Department Support Specialist Marta Gonzalez as the city’s 2016 employee of the year, and department directors summarized their 2016 accomplishments and 2017-18 opportunities. Congratulations to Marta! • The Lake Meridian Neighborhood Council president contacted the city to inquire about the possibility of selling the Meridian Belle G-2 pontoon boat. Their neighborhood matching grant agreement is being reviewed by the city’s legal department. • Neighbors of West Hill Council invited the surrounding neighborhoods of Cambridge (to the south) and Lake Fenwick (to the east) to attend their last meeting on February 16. Kent Police Department Community Education Coordinator John Pagel presented an update on incidents occurring around the Kent area and the recent break-in at Trinity Community Church. • The City Clerk’s Office is in the process of enhancing the online version of the Kent City Code. Over the next few weeks, you will be able to identify ordinances that are pending codification and also track sections containing recently codified ordinances. Additional features include the option of hovering over a section cite to display pop-up text previews, adding a “sticky note” to any code section to share with others, and having the ability to hover over terms to display pop-up box definitions. • Kent4Health met with Parks Planning to brainstorm adding signage to selected parks that show a trail route similar to what is offered at the outdoor walks. This will allow more people the opportunity to explore the parks at any given time. Kent4Health has Page 2 of 11 offered the outdoor walks for the past six years with volunteers marking the trails for a loop or out and back route. • The Kent4Health Advisory Committee is meeting on Tuesday, February 28 in City Hall. Topics will include organization mission statements and continued partnership efforts to name Kent as the healthiest city in the region. • Communications planning is underway for early public notification of Kent’s ban on fireworks which is effective this year. Communications, parks, and police staff, along with the Puget Sound Regional Fire Authority and school districts are coordinating to ensure all are sharing consistent information about the ban, enforcement and associated fines. While every effort to notify and educate the public is being pursued, we know there will still be those who choose to break the law. • The SE 248th Street closure alert was mailed to neighbors. SE 248th Street will close between 120th Ave. SE and 124th Ave. SE to raise, grade, and re-pave the road and install guardrail. The road improvements are required of the developer of the future 84- lot subdivision called Rainier Pond, originally approved in 2006. The road will be closed daily starting Monday, February 20 and continue through Saturday, February 25. Detour route signage is posted. Home construction is anticipated to begin this spring. We appreciate the public’s continued patience as these road improvements are made in advance of this new housing development. ECONOMIC AND COMMUNITY DEVELOPMENT • Economic Development • Staff participated in a meeting of principals of KPG and Studio Meng-Strazzara to discuss design details of planned frontage improvements to Riverbend Gateway development site. • ECD kicked off a shared-use agreement of Buxton data with Kent School District. Kent School District is looking closely at Buxton data to help them more accurately project class and program size based upon existing and forecasted demographics within Kent. • Staff met with tenant representatives for a mid-sized box retailer, quick-service restaurant chain (QSR) and hotelier to discuss and supply information on several potential sites within Kent, as well as with the leasing officer of an East Kent Hill shopping center. ECD was able to make a couple of local referrals for the plaza, and supply the property ownership with customized data to help with their recruitment efforts. • ECD, working with staff in Human Services, provided support to community-based refugee and immigrant organizations whose letter of interest for a granting opportunity to Workforce Development Council was accepted. The collaboration, known simply as the “Good Jobs” initiative, has been invited to make a more formal application for the grant. • ECD and its KPG consultants resubmitted the Meeker Street overpass lighting project plans to WSDOT on January 25, utilizing the bridge layouts provided by WSDOT on January 20 with specified straps, and is following back with WSDOT bridge architects for final approval of the installation. • Project Feast, supported by the City of Kent through a grant from the Port of Seattle, is scheduled to receive a final test of its hood by fire inspectors today. This is an Page 3 of 11 important milestone as the non-profit aimed at serving lunch and catered dinners prepared by immigrants and refugees in its food business training programs looks to officially open its Kent commercial kitchen incubator this month. • Permit Center o Projects  West Valley Place MHP Circle K – Civil Construction 300' water extension along 68 Ave S to new hydrant and 160' fire hydrant extension at NW corner of West Valley Place.  Bethel Church - Change of Use Change of use of an existing 2,720 sq. Ft. Building from an A-2 occupancy (formerly a bar) to an A-3 occupancy (Bethel Romanian Apostolic Church). Remove existing flat roof framing and construct a high-sloped roof (12:12). Extend parapet for code compliance. Gut the entire interior and construct two restrooms, classroom, platform, mechanical platform. Construct a ramp to serve the platform. Install drinking fountains. Install new windows. Occupant load in the building is 277. Restripe parking lot. Provide one van-accessible parking space.  Meeker Remediation of contaminated soil – Minor Civil Construction The soil was originally mitigated in 2005 and subsequent testing revealed that not all contaminated soil was removed. The plan is to remove approx. 1,300 cubic yards of contaminated soil and import 1,300 cubic yards in the parking lot. o Additional Permit Data (1/31/17 – 2/13/17)  Total Permits Issued: 139  Valuation for Permits Issued: $4,599,759.66  Total number of Inspections: 808 (601 passed, 78 failed, 9 continued) EMERGENCY MANAGEMENT • Activations o Kent OEM was activated to a level III from February 5 to February 6 for the Snowstorm. OEM staff came in to monitor the situation, update status boards with road closures and/or power outages as well as assist the DOC’s that were activated in preparation for the impeding winter weather. o Kent OEM activated to a level III on February 9 for the Flooding/Wind Event. OEM staff monitored the situation and road closures along with assisting the DOC’s that were active in preparation for the flooded roads and power outages. • Two OEM staff participated at the “You, Me, We” event with a booth where kids and adults could create their own button focusing on emergency management and fire safety. • Kenwood JVC Radio came out for a demo/training of their radios. City representation included Public Works, Police, Fire and Emergency Management. HUMAN RESOURCES • Laura Horea joins the HR Department as the new Benefits Manager on February 16. • Community Outreach is co-planning an employment event for March to assist Public Works and Parks with seasonal and limited-hour hiring needs. Page 4 of 11 • Labor, Classification & Compensation continues to work on Salary Survey comparison data and other classification actions. • Recruitment o An eligibility list was established on February 9 for the PD; 22 names of candidates were added to the Continuous Testing Eligibility List for Entry Level Police Officer and we currently have 27 total candidates on that list. o Eligibility lists for Transitional Entry Level Police Officer (Corrections Officer to Police Officer) as well as Experienced/Lateral Police Officer were established on February 9 and each of those lists have one candidate. o Testing for Entry Level and Lateral Police Officer candidates was on Wednesday, February 15. o The Technical Lead- Software / Quality Assurance Engineer position closed for applications on February 14. o The Project Manager/Business Analyst position in IT closes for applications on Monday, February 20. o Staff is working with the City Clerk’s Office to move agenda packets and minutes from the Civil Service Commission to the S:drive as well as IQM2 and to incorporate the correct templates moving forward. • Risk Management put an annual Cyber Risk policy ($3M coverage) into place, effective February 1. Staff will meet with the CAO and others to follow. INFORMATION TECHNOLOGY • IT recently completed the deployment of 59 Canon copiers throughout City Hall, Centennial Center and remote sites for Parks, Public Works, and Police Departments. Within the coming months, IT will implement uniFLOW on the Canons; a print management software that will help secure information and data. LAW • Eleven City employees attended a 3½ day foundational training, and the City is now ready to start implementation of its DUI Court. Work on sustainability is in process and a grant to fund the DUI court for the fiscal year 10/2018 – 10/2019 is in the application process. • Law completed review of 51 correction notices, three notices of violation, and one voluntary correction agreement for Code Enforcement. • Investigation training was presented to police supervisors. • Advice was provided to Admin regarding the effects of the presidential immigration orders. • Testimony was provided before the senate and house committees regarding the national background check bill for parks employees, a bill regarding wireless small cell sites and proposed legislation regarding patronizing a prostitute. Page 5 of 11 PARKS, RECREATION, AND COMMUNITY SERVICES • Recreation and Cultural Services Division o Kent Arts Commission staff and commissioners traveled to Olympia on Wednesday, February 8 as part of the annual statewide Arts and Heritage Day. The group met with legislators from the 33rd and 47th districts to provide updates on our programming and to request continued state funding for the arts through the Washington State Arts Commission. o A new Commissioner Colleen Maloney was appointed to the Arts Commission at the City Council meeting on Tuesday, February 7. Youth Commissioner Emily Taskey was reappointed for another term. o Recipients of 2017 Community Arts Support Program funding were recognized at the February 7 City Council meeting. Representatives from all five recipient groups were present. o The Kent Firefighters Foundation hosted their winter lunch for 180 seniors and volunteers. Firefighters help set up, serve and cleanup for this popular quarterly event. Despite the poor weather, 80 seniors enjoyed a $5.00 lunch that included four games of bingo. Concerto Healthcare sponsored this month’s Deli Bingo, supplying prizes for the winners. o The Parks Department received its fourth James Farrell Award of Excellence, USA/ASA Softball’s highest honor for national tournament hosting. It was given for coordination of the 2016 ASA 12-and-under girls’ Western National Fastpitch Tournament at Service Club Ballfields, July 26-30, 2016. Kent’s reputation and premier athletic complexes has translated into continued success in obtaining USA/ASA national tournaments, which are awarded through a competitive bidding process two years in advance. City of Kent will host the 16A National Fastpitch Tournament in July 2018. It is expected to bring 130+ teams from all parts of the United States and an estimated $2.5 million to the local economy. o The Middle School and High School Basketball program is currently underway with 200+, 13 to 18-year-old young men participating on 19 teams. The Mayor’s Youth Initiative focuses on this important age group and features many of the valuable components central to this program including health, fitness, mentoring, skill development and fun. • Park Operations o Park Operations staff removed the long existing wood stage at Kherson Park just north of the Centennial building. The stage had previously been identified as failing and has not been utilized in many years. The current plan is to keep the area previously occupied by the stage as a level plaza as Park Planning works thru several concepts for the park. o Park Operations staff repaired two water line leaks located under the concrete plaza and the concession building. These were particularly challenging due to the locations. Page 6 of 11 • Facilities o HVAC crews have started this quarter’s preventative maintenance tasks for the HVAC systems citywide the Centennial Building is complete. o Water treatment was completed on all buildings with water source heat pumps as well as boilers and cooling towers. o Staff assisted parks operations with electrical work needed to run new fans at the green house nursery. o Repairs were made to the Kent Meridian Pool boiler. A low water cut-out switch and check valve were replaced. o Maintenance was completed on the Siemens building automation system. o Facility and Maintenance crews provided snow and ice removal on walkways of city buildings. o Custodial team had the city shops carpets cleaned with a truck-mounted extraction system. o Staff completed refinishing the hard wood floors in all four racquetball courts at the Kent Commons and also did a deep cleaning of all four courts. o Framing for the protective glass was installed on the 3rd floor of the Centennial Center parking garage and painting the frames has started. • Riverbend Golf Complex o The irrigation well project is complete and the new well is performing great. o Both golf courses reopened Thursday after a three day closure due to the snow. o The driving range reopened Wednesday after a two closure due to the snow. • Housing and Human Services o Staff attended the 2017 King County Consortium Wide Meeting January 31. Attendees received updates on several consortium programs, including Housing Stability Program statistics and financials, the Housing Finance Program, Community Development Program, Regional Affordable Housing Program, Capital Investments, and Shelter and Housing Investments. Consortium members discussed timelines for the 2017 and 2018 Interlocal Cooperative Agreement (ICA) Amendment. A work group was established in order to address the ICA renewal process and timeline. If any substantive changes are made to the current ICA, it will need to go through each individual City Council process. Geographic distribution and equity of funds was discussed and continues to be an ongoing topic of concern. Staff also participated in a breakout session regarding the Affirmatively Furthering Fair Housing planning process that we will be participating in with King County Consortium cities, entitlement cities who participate in the consortium, King County Housing Authority, and Renton Housing Authority. o Merina Hanson attended the 2017 Sound Cities Association Regional Board and Committee Appointee Orientation as a new representative on the All Home Funder Alignment Committee. o Dinah Wilson, Merina Hanson, Derek Matheson and Marty Fisher participated in a panel presentation to the Kent Ministerial Association. The topic was “changes and challenges of our diverse Kent community.” The topics included an overview of Kent’s diversity, history of the changes, how those changes impact city budgets and Page 7 of 11 services, an overview of human services funding and how it has changed along with our community demographics, the establishment of the Cultural Communities Board and the Kent Cultural Diversity Initiative Group, trends and ongoing needs, as well as discussion of City policies on inclusion and how the City work force is changing to represent the community. POLICE • Final offer for entry level officer extended to Albert Kim. • Significant crime activities/arrests/investigations o On February 1, two subjects showed up at James Street Crossing in a stolen car. Then they tried to steal another car with the male trying to start it and the female scraping the windows so they could steal it. The subjects then fled in both stolen vehicles. A short pursuit ensues and ends with a successful PIT and pin. Both run and the male is arrested after trying to car jack another vehicle. A fight ensued and the male subject, an 11-time convicted felon to include prior weapon violations is able to be cuffed and a stolen handgun found in his waistband. o On February 11, Officers noticed a suspicious Honda driving with no license plates. After a pursuit, passengers were detained. It was later discovered that the vehicle was an unreported stolen out of Tukwila. Later on, officers observed the suspect at an AM/PM at 256th and 104th streets. With him was another suspect with a warrant. A gun was taken off of the first suspect and both subjects were arrested for their warrants. Federal Way PD was notified that there was an arrest made and they sent their detectives to interview them regarding a burglary to Federal Way Discount Guns where 31 firearms were stolen. o On February 11, Officers responded to a serious hit and run collision at 252nd St and Pacific Highway S. Officers arrived to find the front passenger DOA (44 year old female East Hill Kent resident). The driver, survived with significant lower body injuries. Their 14-year-old daughter was seriously injured while seated in the vehicle’s back seat. The unknown suspect was traveling southbound on Pacific Highway in a stolen 2009 Acura sedan. The suspect ran a red light at S. 252nd St. and struck their vehicle as it was turning westbound on a green arrow. The suspect fled on foot westbound but witnesses couldn’t provide a description. The following morning at 9 a.m., a possible suspect, was located in a yard at in the 2300 block of 252nd Pl. He had an injured leg and it appeared he had spent the whole night in the grass. He has a history of auto theft and is likely the suspect from the fatality collision. o On February 13, officers were dispatched to the 277 St corridor, just at the 108th Ave SE exit, for reports of a traffic collision with injuries. Upon arrival, officers located the primary victim down with fractures to both of his legs. Investigation revealed that an SUV and a Honda sedan were racing up the hill at a high rate of speed and in a reckless manner. The SUV swerved at one point and struck the victim motorcyclist, throwing the victim a short distance and off his bike. The SUV stopped and called 9-1-1 but the Honda fled the scene. While very serious, the motorcyclist’s injuries are not life-threatening. Page 8 of 11 • During Super Bowl weekend, February 3-5, Kent participated in county-wide DUI enforcement patrols. In South King County members of our Target Zero Task Force worked 93 hours, made 187 contacts, and arrested 7 DUI’s. • On February 11, officers were present for the Planned Parenthood Protest. The event had several hundred protestors who marched/walked from downtown Kent to the Planned Parenthood on top of James St. Officers did a great job of keeping the crowd (Pro-life vs. Pro-Choice) from blocking the entire road and keeping the marchers/protestors safe. The bicycle officers also had to ride up James St. hill, which is one heck of a hill! All officers did a great job with the crowd and there were no arrests, use of force or injuries reported. Everyone was secured by 12:00 p.m. PUBLIC WORKS • Design o S 224th St Project Phase 1 – Corps permit received Thursday, February 9. Updating specs. Going to advertise on Thursday, February 16. o S 224th St Project Phase 2– 30% design complete pending formal review. Coordinating with PSE for undergrounding of utilities. Met with Structural Engineer to discuss wall type and creek crossing – determined that WSDOT Standard Plan wall and culvert are the preferable options. o S 228th Union Pacific Railroad Grade Separation and (228th Bikeway) – Meeting to discuss pipe size to replace 72” storm line held. Largest diameter feasible is desired to accommodate future stormwater needs. PSE relocation of overhead power started; anticipated to be complete in April. Preparing separate contract for drilled shaft installation this summer – utility conflicts found. Continuing work on Right-Of- Way acquisition – Offer made to Sound Holding and International Paper. Discussions with other owners ongoing. o 132nd Avenue Walking Path – Mobile Mapping site work complete, data analysis to be complete late February. Appraisals for first five properties received and are under internal review. Second group of five properties provided to Consultant. Meeting with owners scheduled for later this week. Complete Street Ordinance memo on hold until consensus on project scope is resolved. o 212th at 72nd Ave – Complete Streets memo drafted and provided to Economic and Community Development and Traffic for review. Updating design and construction schedules. Evaluating work staging options to maximize work completed with impact to drivers and businesses. Evaluating feasibility of Environmental’s request to include bio-swales. Coordinating with utilities for impacts. PSE (gas) has expressed interest in adding a new crossing before the project is constructed. o James Street Pump Station Siding – Determining scope of work. o 277th St Auburn – Further meeting with Auburn to discuss conduit relocation. Requested Auburn to provide an estimate of what it would take relocation. Cost responsibility not identified. The current conduit does not have a franchise with Auburn Page 9 of 11 • Survey o Land Survey Section  Frager Road Levee Wetland Flags – Collecting locations for wetland flags, ongoing for the next couple of weeks.  South 240th Street Topography – Map area for new sidewalk design.  108th & 208th Intersection Improvement Construction – Ongoing construction requests to support the contractor.  Salt Air Park Topography – Map existing park for new park design.  228th Grade Separation – Utility Pothole locations.  2016 B&O Overlays – Collect utility locates on 208th.  2017 Miscellaneous Water - Design mapping on six separate sites.  132nd Ave Pedestrian Improvements – Stake existing right of way for appraiser. o GIS Section Projects  Private Development Infrastructure As-Builts  Transportation Sustainability Report Maps  Storm & Sewer Model Updates, Map Books  Road Centerline Updates  Code Scripting for Enterprise System Upgrade  Multi-Family complexes built prior to 1993 in Kent Water service area.  Sidewalk condition map  Private Drainage Systems map  2017 Annual CBAS - Citywide Boundary Assessment Survey comparison to the existing census data for the Office of Fiscal Management (OFM) o Land Survey Office  Pacific Highway Monument Record of Survey  East Valley Highway Right of Way  Leber Project Quantities Analysis  Calculate easement for Panther Lake Strip Mall • Construction o 72nd Ave Extension: The bridge deck pour previously scheduled for February 7 was rescheduled due to last week’s weather to February 14. Completion of the bridge deck pour will be followed by construction of the bridge’s barrier, sidewalk and handrail. o Kent Regional Trails Connector: All pedestrian crossing components are currently installed. Additional work will be required in order to meet clearance and ADA regulations prior to the trail being opened for public use. Staff is in the process of preparing all of the needed work scope in order to request pricing from the contractor. o 108th Ave SE and SE 208th St Intersection Improvements: Work is resuming this week after no work being performed last week due to the weather. Daily closures of right hand lanes in all directions will continue throughout the duration of this project. Restoration of the concrete flatwork will proceed at three of the four corners of the intersection this week in addition to reconstruction of an existing rockery. The replacement of existing storm pipe will proceed next week as weather permits. o S 228th Street Grade Separation: In association with our grade separation project on S 228th Street, Puget Sound Energy (PSE) will be mobilizing to proceed with raising their power transmission lines near the Green River Trail and the UPRR tracks. These lines are being raised in order to facilitate the construction of a new Page 10 of 11 crossing over the Union Pacific Rail Road tracks and the Green River Trails. Following is a breakdown of their anticipated activities:  2/22/17 – Closure of the Interurban Trail with a detour route is implemented. Message boards were posted on Friday, February 10. This closure will be in place 24/7 for user safety until the conclusion of PSE’s work.  2/22/17 – A two-week power outage window will go into effect for power pole foundation installation.  3/30/17 to 4/12/17 – A power outage will again to into effect in order to complete the transfer of the power lines to the new taller poles.  In order to complete all of the required activities within the scheduled power outages, crews may be working around the clock and on weekends. • 2016 Asphalt Overlays: Reconstruction of several wheel chair ramps needed to meet ADA minimum requirements is underway and will continue for two weeks as weather permits. • Briscoe-Desimone Levee, Reach 1 Mitigation Planting: The contract planting is complete and the submittal for the temporary irrigation system installation is in review. Additional work order to prevent wildlife damage to the recently planted vegetation was completed last week. Installation of the temporary irrigation will take place upon receipt of final review. • Development/Permit Projects o LARC (Legacy Affordable Retirement Communities) Senior Housing is anticipating the start of their offsite improvements on 1st Ave in North Park beginning in the following weeks. Message boards will be posted one week prior to work beginning. o King County Metro has mobilized onto their sewer repair project on 84th Ave S in order to repair their damaged sewer main that has created the two sections of subsidence near Les Schwab and Tacoma Screw Products. Work is anticipated to take place within two weeks and a full time closure of the northbound right lane will be permanently implemented. We are monitoring activities and progress. • Environmental o Upper Mill Creek Dam – 95% Plans out for review with comments due by February 22nd. o Lower Russell Road Levee – Significant issues being discussed with King County are project impacts and mitigation, as well as design of trails and habitat areas and determination of maintenance responsibilities. Meeting with King County staff this week. o Frager Road Levee – Scheduling meeting with Tukwila to discuss potential downstream tie-in locations. o King County Flood Control District – Scheduling levee tour with new Executive Director. o Clark Springs Habitat Conservation Measures – County permits not needed, but King County WLRD (Water and Land Resource Division) has concerns about our design. Providing presentation to the Cedar River Council on February 27. o Sanitary Sewer Code Revision – Preparing update to City Council on progress of implementing new code. o Conservation Futures Grant – Looking at parcels to propose for application in 2017, which are due Feb. 28. Page 11 of 11 o King County Open Space Plan – meeting with King County staff on Feb. 27 to discuss potential open space properties and process for inclusion. o Downey Farmstead – Completed permit submittal to King County Department of Permitting and Environmental Review. o National Pollutant Discharge Elimination System – Will be participating in Department of Ecology Workshops on next permit round over the next couple weeks. Draft permit expected in early Spring. • Street Maintenance crews will be doing hot patch asphalt repairs on 148th between 256th and 240th, 76th between 228th and 212th, and filling potholes citywide. The Concrete crew will be completing work on West Valley between 216th and 212th, then prepping for pour on State Route 515 between 256th and 240th. Vegetation crews will be doing tree removals at Lindental Pond Meridian Ridge and Sunnfjord Tract F. The wetland maintenance crew will install a split rail at Derbyshire and regular maintenance at Lexington Square. Street Vegetation crews will be focusing on snow/ice storm debris clean ups. Sign crews will be making sign repairs on 218th west of 130th, 110th and 219th, 102nd and 239th, 131st and 236th, 212th, Russell and 261st and 119th, paint over graffiti at S 277th St., Veterans Bridge, S 228th and the S 196th overpass. • The Water Distribution Mains and Services section is potholing water mains south of Willis Street between 2nd and 5th Avenue, investigating for lead goosenecks on service lines. We don’t believe we have any remaining in our system, but this area meets the criteria of water mains installed prior to 1950 and homes that were built before 1950. • Utilities o Sewer: Crews will be cleaning lines upstream of lift stations, the easement at the Lindental pump station, from the 10+ list and painting pump station signs. The Vactor trucks and the TV truck will be cleaning and inspecting lines from 209th to 216th and 37th Pl to Frager Road. o Storm: National Pollutant Discharge Elimination System (NPDES) crews will be pumping on Riverview Blvd and 226th. NPDES assessors will be on 236th and 56th, 64th and 220thand repairs will be made on 42nd Pl, Railroad and E Smith St., 64th and 220th. Crews will be installing catch basins, running lines and a pump structure at 228th and 89th. Culverts on 222nd on the westside of Central will be cleaned. • The Radio shop is setting up new vehicles, programming radios and prepping to move to the new Radio room. Fleet is repairing snow and ice removal equipment, servicing of needed vehicles, drop in repairs and prepping old radio bays to be used as new service bays. Warehouse is ordering any needed inventory, haul out spoils if trucks available and perform any needed equipment repairs. # # # This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT