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Home My WebLink AboutCity Council Meeting - Council - Agenda - 2/7/2017adccW15902 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 7, 2017 This page intentionally left blank. KENT CITY COUNCIL AGENDAS February 7, 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 Puget Sound Gateway Update (SR167/SR509) Kelly Peterson 30 min Vesting of Land Use Regulations Tom Brubaker 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 • Presentation of James Farrell Award of excellence to City of Kent for 12A Western National Tournament B. Arts Commission – Recognition of the Community Recipients of Annual Funding Program C. Proclamation for Children’s Dental Health Month D. Appointments to Arts Commission E. Reappointments to Human Services Commission F. United Way of King County Free Tax Preparation Campaign G. Community Events H. Economic and Community Development Report I. 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. Appointments to Arts Commission - Confirm D. Reappointments to Human Services Commission – Confirm E. 2016 Fourth Quarter Fee-in-Lieu Funds - Accept F. Armstrong Springs Motor Control Center and Generator Upgrades – Accept as Complete G. 2016 Guardrail Repairs – Accept as Complete H. 76th Avenue S. Storm Drainage Improvements – Accept as Complete I. Soos Creek Water & Sewer District Water Service Boundary Adjustment Agreement – Authorize J. Preserve at East Hill Final Plat – Approve K. Federal Grants Signing Authority Ordinance - Adopt L. 228th St./UPRR Grade Separation Project – Condemnation Ordinance – Adopt 8. OTHER BUSINESS 9. BIDS A. 80th Ave. S. Pavement Rehabilitation – Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) and (c) 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) Puget Sound Gateway Update (SR167/SR509, Kelly Peterson) 2) Vesting of Land Use Regulations, Tom Brubaker This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition Presentation of James Farrell Award of Excellence to City of Kent for 12A Western National Tournament B) Arts Commission – Recognition of the Community Recipients of Annual Funding Program C) Proclamation for Children’s Dental Health Month D) Appointments to Arts Commission E) Reappointments to Human Services Commission F) United Way of King County Free Tax Preparation Campaign G) Community Events H) Economic and Community Development Report I) Intergovernmental Reports PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through L. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular council meeting of January 17, 2017. This page intentionally left blank. Kent City Council Workshop January 17, 2017 Minutes Kent, Washington Approval Pending Page 1 of 2 Date: January 17, 2017 Time: 5 p.m. Place: Council Chambers East/West Attending: Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Absent: Bill Boyce, Council President Jim Berrios, Councilmember Agenda: 5:03 p.m. Councilmember Ralph called the meeting to order Changes to the Agenda The Landsburg mine cleanup presentation was moved to be the first item on the agenda. 1. Landsburg Mine Cleanup Tim LaPorte introduced Robert Warren, Manager Northwest Regional Office, Toxics Cleanup Program, from the Washington State Department of Ecology, and Joanne Snarski, Manager, Site Assessments and Toxicology, Office of Environmental Public Health Systems with the Washington State Department of Health. Mr. Warren gave a PowerPoint presentation that detailed his department’s work, including: contaminated site locations, and types of sites on hazardous sites list; landfills, and the Landsburg Mine and Clark Springs. He provided the council with the steps in the cleanup process, waste disposal in the mine trench, the groundwater monitoring network, upgraded monitoring and contingency plan network, the monitoring well schedule, and detections for implementing the contingency plan, anticipated schedule, and timeline of events. Joanne Sarski, gave a Powerpoint presentation regarding work in assessing the Landsburg Mine site, including site assessments, and the completion of a health consultation, conclusions, and recommendations. Kent City Council Workshop January 17, 2017 Minutes Kent, Washington Approval Pending Page 2 of 2 2. King County Land Conservation and Preservation Work Plan Bob Burns and Ingrid Lundin, Natural Resource Lands Program with the Parks and Recreation Divisions of the King County Department of Natural Resource King County presented information on the initiative to protect high value lands. The PowerPoint presentation included information regarding: protecting open/green spaces. King County did an analysis of lands in unincorporated areas that included: natural lands, health forests, abundant farmland, trail networks, natural river corridors, and urban river corridors. King County identified 5,500 parcels that total 66,000 acres with an estimated cost of $1.5 to $1.8 billion. Details regarding the existing County funding sources and sources to fill the gap were discussed. The next steps include a meeting between King County and the City to identify lands Kent wants to add to the plan. Councilmember Higgins indicated that the work to prioritize and preserve the lands should be done within the next six months. After the lands have been identified, the advisory group will review and make recommendations by November/December with funding made available in 2019. The meeting concluded at 6:31 p.m. Kimberley A. Komoto City Clerk January 17, 2017 Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 1 of 9 Date: January 17, 2017 Time: 7 p.m. Place: Council Chambers East/West Attending: Suzette Cooke, Mayor Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Dana Ralph, Councilmember Les Thomas, Councilmember Absent: Bill Boyce, Council President Jim Berrios, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:03 p.m., with Mayor Cooke presiding. 2. Roll Call Council President Boyce and Councilmember Berrios had excused absences, all other councilmembers were present. 3. Changes to the Agenda Item 4.A Presentation of James Farrell Award of Excellence to City of Kent for 12A Western National Tournament was removed from the agenda at the presenter’s request that it be moved to a future meeting. 4. Public Communications A. Public Recognition: Recognition of donation of aerial photo of Kent, circa 1952, donated by Don and Helen McIver. Ronda Billerbeck, Program Manager with the City of Kent Parks, Recreation and Community Services Department provided a brief history of the aerial photo of Kent, circa 1952, for the formal dedication from Don and Helen McIver. Ronda provided a brief history of the McIver family and introduced their four children David, Kathleen, Doneen and Patty that still reside in the Kent area. Mayor Cooke expressed her appreciation for the donation of the photo. Don expressed that he wanted to ensure that although his parents were not ones to call attention to themselves, he wanted to ensure that this dedication was done for them. Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 2 of 9 B. Community Events: Councilmember Ralph provided information regarding the Peking Acrobats performance on January 27, 2017, to be held at the Kentwood Performing Arts Center. Councilmember Fincher provided information on the following events: You-Me-We, January 27, 2017, a free event at the ShoWare Center; Green Kent Clean-up, January 28, 2017, Clark Lake Park. Additionally, the Boeing coin show will be held the weekend of January 21st at Kent Commons. January 28th, a ballroom dance competition will be held. Councilmember Thomas advised that there will be a Coffee with the Chief event held at the Kent Senior Center on January 18, 2017. Mayor Cooke advised of the annual homeless count that will take place on January 27, 2017, and those interested in volunteering should search for “One Night Count” on the internet. C. Appointments to Parks and Recreation Commission: Mayor Cooke requested that the appointees to the Kent Parks and Recreation Commission speak on behalf of their desire to serve on the board. Rick Minutola provided the council with reasons that he is interested in being a Kent Parks and Recreation Commission board member, including his interest in ensuring that the valuable parks are welcoming. Lacey Seaton provided the council with reasons that she is interested in being a Kent Parks and Recreation Commission board member including her desire to work to maintain and improve the parks. Erika Overall provided the council with reasons that she is interested in being a Kent Parks and Recreation Commission board member including her desire to make a difference in the community. Jennifer Ritchie provided the council with reasons that she is interested in being a Kent Parks and Recreation Commission board member including her desire to serve the City of Kent. D. Appointments to the Kent Bicycle Advisory Board: Mayor Cooke invited the appointees to the Kent Bicycle Advisory Board to speak on behalf of their desire to serve on the board. Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 3 of 9 Nick Swan provided the council with reasons that he is interested in being a Kent Bicycle Advisory Board member including his desire to ensure that there are safe places to bike throughout Kent. Frank Boosman provided the council with reasons that he is interested in being a Kent Bicycle Advisory Board member including his desire to research evidence- based approaches and best practices regarding cycling to help make Kent the best place to cycle in the state. Craig Fuller provided the council with reasons he is interested in being a Kent Bicycle Advisory Board member including his desire to serve the community and research integrated approaches to cycling to determine what Kent can do well for cyclists. E. Public Safety Report: Chief Thomas provided brief histories on all five officers being sworn in tonight. Mayor Cooke swore in officers Erin Bratlen, Justin Brown, James Miller, Jacob Reed, and Michael Medina. Chief’s Award of Professional Excellence was present to Sergeant Matt Stansfield for his work on coordinating and completing the patrol division standard operating procedures. Chief Thomas presented Officer Matt Wheeler and Sergeant Andy Grove with the Lifesaving Medal and Award. Chief Thomas presented Sergeant Andy Grove with the Chief’s Award for Exceptional Duty. Commander Durham presented Officer Matthew Mullennix with the Officer of the Year award. Commander McCuistion presented Officer Pakeke Pisia with the Corrections Officer of the Year award. Commander McCuistion presented Jill Fuller with the Civilian of the Year Award F. Intergovernmental Reports: Councilmember Ralph serves on the Sound Cities Association Board and indicated their focus for this year will be on strengthening the voice of all the cities in the association. Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 4 of 9 Councilmember Ralph also serves on the Transportation Policy Board. The 509/167 Gateway project is moving forward and is somewhat accelerated from the original timeframe. Councilmember Ralph also serves on the South County Area Transportation Board and indicated that King County Metro service improvements are coming during the spring of 2017. The legislative agenda was discussed, including alternatives to the gas tax. Councilmember Higgins serves on the King County Regional Transit Board. The next meeting is scheduled for January 18, 2017, and will discuss Metro parking initiatives and pilot projects for alternative services like Uber Councilmember Budell sits on the Domestic Violence Initiative Task Force that will hold a caucus in February. The 2017 focus will be on weapons surrender and immigrant protections when domestic violence is involved. Councilmember Fincher sits on the King Conservation District Board. The next meeting is February 7, 2017. Councilmember Fincher also sits on the Mental Illness and Drug Dependency Advisory Council that meets the last week of January. 5. Public Hearing None 6. Public Comment Dinah Braccio spoke on behalf of the Tenant’s Union in favor of the income discrimination ordinance and also provided some written materials. Carol Anne Maiers spoke in support of the income discrimination ordinance. Toya Thomas spoke in support of the income discrimination ordinance. Ronald Bunn spoke in opposition of the income discrimination ordinance. Kelly Rider, Policy Director from the Housing Development Consortium spoke in support of the income discrimination ordinance. Minister Bretranp Harrell spoke in support of income discrimination ordinance. Dimitri Groce, Member Organizer of the Washington Low Income Housing Alliance, spoke in support of the income discrimination ordinance. Pauline Caldwell spoke in support of the income discrimination ordinance. Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 5 of 9 David Hoffman with the Master Builders Association spoke in support of the Surface Water Design Manual, item H. on the consent calendar and offered his compliments to staff and council for their work on the manual. T.J. Petersen spoke on the homeless issue in Kent. 7. Consent Calendar Councilmember Ralph moved to approve the Consent Calendar items A through N, seconded by Councilmember Budell. The motion passed unanimously 5-0. A. Minutes of Previous Meetings and Workshops – Approve The minutes of the workshop and regular council meeting of January 3, 2017, were approved. B. Excused Absence for Council President Boyce – Approve Council approved an excused absence for Council President Boyce as he is unable to attend the City Council meeting of January 17, 2017. C. Excused Absence for Councilmember Berrios – Approve Council approved an excused absence for Councilmember Berrios as he is unable to attend the City Council meeting of January 17, 2017. D. Consultant Services Agreement with KPG – Meet Me on Meeker – Authorize The Mayor was authorized to sign the 2017 consultant service agreement with KPG, Inc., not to exceed $99,.487.45, for initial development and design of the construction standards for the Meet Me on Meeker project, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. E. Housing, Source of Income Discrimination Ordinance – Adopt Ordinance No. 4233 was adopted; establishing a prohibition on source of income discrimination in housing based on use of income from any government subsidy program, and adopts Chapter 10.01 of the Kent City Code, entitled “Unfair Housing Practices.” F. Appointments to the Kent Parks and Recreation Commission – Confirm Council confirmed the appointments of Rick Minutola, Lacey Seaton, Erika Overall, and Jennifer Ritchie to the Kent Parks and Recreation commission, for two year terms expiring on December 31, 2019. G. Appointments to the Kent Bicycle Advisory Board – Confirm Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 6 of 9 Council confirmed the appointments of Rich Davis, Nick Swan, Karen Chandler, Craig Fuller and Frank Boosman to the Kent Bicycle Advisory Board for two year terms ending October 31, 2019. H. Ordinance Adopting New City of Kent Surface Water Design Manual – Adopt Ordinance No. 4234 was adopted, repealing Section 2 of Ordinance No. 3602 and Kent’s 2002 Surface Water Design Manual, and adopting Kent’s new 2017 Surface Water Design Manual. I. Local Hazardous Waste Management Program Grant – Accept The Mayor was authorized to accept the Local Hazardous Waste Management Program Grant in the amount of $73,041.27 for 2017/2018, establish a budget and authorize expenditure of the grant funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. King County Solid Waste Division/Waste Reduction & Recycling Grant – Accept The Mayor was authorized to accept the Waste Reduction and Recycling Grant in the amount for $177,044 for 2017/18, establish a budget and authorize expenditure of the grant funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. King Conservation Futures Interlocal Agreement Amendment for Anderson Property – Authorize The Mayor was authorized to sign the Interlocal Agreement Amendment with King County Conservation Futures to reimburse the City up to $43,000 for purchase of the 4.09 acre Anderson property, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Consultant Services Agreement with Shearer Design for Bridge Rating – Authorize The Mayor was authorized to sign a Consultant Services Agreement with Shearer Design, LLC, in the amount of $48,387.60, for the purpose of performing structural analysis on five city-owned bridges, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Transportation Improvement Board (TIB) 132nd Ave SE Grant – Accept The Mayor was authorized to sign the Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement and Project Funding Status Form for the 132nd Ave. Sidewalk Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 7 of 9 N. SR 516 to S 231st Way Levee Improvements Russell Road Upper Levee South Reach James Street/Russell Road Realignment – Accept as Complete The Mayor was authorized to accept the SR 516 to S. 231st Way Levee Improvements Russell Road Upper Levee South Reach James Street/Russell Road Realignment project as complete and release retainage to SCI Infrastructure, LLC., upon receipt of standard releases from the state and the release of any liens. 8. Other Business None 9. Bids None 10. Reports from Standing Committees, Council and Staff Council President – Acting Council President Ralph provided information that was presented during tonight’s City Council Workshop including the clean-up of the Landsburg Mine and the conservation of open space by King County. Mayor – Mayor Cooke is the Vice Chair of the Regional Policy Committee that discusses issues that the King County Council deals with, including Best Starts for Kids, homeless policies, garbage, and 911 services. Mayor Cooke is the Chair of the Sound Cities Association. SR 509/167 Executive Board meeting was held this week. The Economic and Community Development and Public Works staff are working with Blue Origin on legislation that would assist the City with wetland mitigation around the Blue Origin plant. Administration – Derek Matheson, Chief Administrative Officer, provided details of the February 4, 2017, City Council retreat. Key items on the agenda include strategic planning, marijuana regulation, sustainable funding for parks, and economic development place making. The meeting is open to the public, but no public comment will be accepted. In place of Mayor Cooke, Derek will be attending the mayor’s exchange in Olympia He will also be meeting with legislatures to update on the City’s capital request for 76th Ave South. His written report is included in tonight’s agenda packet. There will be an executive session tonight to discuss property acquisition and potential litigation that is anticipated to last 15 minutes with action after executive session. Economic and Community Development – Councilmember Budell advised that the Committee discussed and approved the contract for the consultant for the Meet Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 8 of 9 Me on Meeker project and Housing Source of Discrimination. The committee also discussed tiny houses and received an update on the ShoWare Center. Operations – Acting Council President Ralph indicated that liability premiums are increasing by approximately 6%, the City is within the budget, and the committee will be reviewing the City’s financial policies. Parks and Human Services – Councilmember Fincher indicated the next meeting is scheduled for January 19, 2017. Public Safety – Councilmember Thomas indicated there was no January meeting and that the next meeting is scheduled for February 14, 2017. Public Works – Councilmember Higgins indicated a special meeting was held on January 8, 2017, and recommended revisions to the storm water manual that is on tonight’s consent calendar. The regular meeting scheduled January 16, 2017, was cancelled and a special meeting will be held on January 23, 2017. Puget Sound Regional Fire Authority – Councilmember Thomas conveyed that as of January 1, 2017, the Kent Fire Department Regional Fire Authority’s name was changed to the Puget Sound Regional Fire Authority. The regular meeting will be held January 18, 2017, at 5:30 p.m. 11. Executive Session and Action after Executive Session At 8: 38 p.m., the council went into executive session. At 8:53 p.m., the council extended executive session for an additional 15 minutes. At 9:04 p.m., the meeting was reconvened. A. Property Negotiations, as per RCW 42.30.110(1)(b) Councilmember Higgins moved to authorize the Mayor to sign all necessary documents to complete the purchase of the Gribble property located at 26204 S.E. Kent-Kangley Road, Ravensdale, in an amount not to exceed $535,000, plus reasonable closing costs, subject to approval of the final terms and conditions by the City Attorney and Public Works Director. Councilmember Ralph SECONDED the motion. Councilmember Higgins indicated that this property is adjacent to the south portal of the Landsburg Mine and is near the Clark Spring Water well-head. The motion passed unanimously with a vote of 5-0. B. Potential Litigation, as per RCW 42.30.110(1)(i) Kent City Council Regular Meeting January 17, 2017 Minutes Kent, Washington Approval Pending Page 9 of 9 No Action At 9:06 p.m., Mayor Cooke declared the meeting adjourned. Kimberley A. Komoto City Clerk January 17, 2017 This page intentionally left blank. Agenda Item: Consent Calendar 7B_ 7B. Approval of Bills: Approval of payment of the bills received through Dec. 31, 2016 and paid on Nov. 30 and Dec. 31, 2016 after auditing by the Operations Committee on January 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 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 This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: February 7, 2017 SUBJECT: Appointments to Arts Commission – Confirm SUMMARY: Confirm appointment of Colleen Maloney to the Kent Arts Commission for a four-year term, expiring October 1, 2021. Also request reappointment of youth representative, Emily Taskey, for an additional one-year term expiring October 1, 2017. Colleen Maloney is a West Hill resident of Kent and is a semi-retired printmaker/graphic designer. Colleen believes in giving back to her community and her work as a graphic designer make her a great fit for the Kent Arts Commission and I am pleased to recommend her for appointment. Colleen’s term will expire October 1, 2021. Emily Taskey has served on the Kent Arts Commission for one year and wishes to continue her service for an additional year. Emily adds a much needed youth perspective to the commission. Emily will graduate in another year; therefore, this will be her last year of service. Emily’s new term will expire October 1, 2017. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None MOTION: Confirm 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: February 7, 2017 SUBJECT: Reappointments to Human Services Commission – Confirm SUMMARY: Confirm reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for additional three-year terms - ending December 31, 2019. Mike Heinisch requested to continue his service on Kent’s Human Services Commission. Mike has served on the commission since 2011 and brings value to the commission through his work as Executive Director of Kent Youth and Family Services. Mike has worked tirelessly as an advocate for youth and their families in our community for the last 18 years. Bill Hallerman requested to continue his service on Kent’s Human Services Commission. Bill has served on the commission since 2011and through his work with Catholic Community Services is an advocate for individuals and families struggling with poverty and homelessness. Wade Schwartz requested to continue his service on Kent’s Human Services Commission. Wade has served on the commission since 2012 and offers valuable insight from the business community, as well advocacy for underserved and vulnerable residents of our community, including seniors and the LGBTQ community. EXHIBITS: None RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None MOTION: Confirm Mayor Cooke’s reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for additional three-year terms. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: February 7, 2017 SUBJECT: 2016 Fourth Quarter Fee-in-Lieu Funds - Accept SUMMARY: Between October and December 2016, the city of Kent received a total of $68,887.50 from the following developers who voluntarily paid a fee-in-lieu of dedicating parkland to mitigate the development of single-family homes in local subdivision. These funds will be held in a reserve account for capital improvements at Clark Lake Park, Chestnut Ridge Park and Morrill Meadows Park. The funds must be expended within five years. • D. Moore and Company: subdivision into 3 lots in the 25200 block of 138th Place SE; $5,850 at Clark Lake Park. • Schneider Homes: final subdivision into 41 lots in the 2000 block of 91st Place S; $24,825 at Chestnut Ridge Park. • The Preserve at East Hill: final subdivision into 45 lots in the 25000 block of 113th Avenue SE; $38,212.50 at Morrill Meadows Park. EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Budell, Ralph NAY: BUDGET IMPACTS: Revenue and expense impact of $68,887.50 to the Community Park Reinvestment Program budget. MOTION: Accept $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. This page intentionally left blank. R55GA014 1/3/2017 8:55:37Search GL by Account Number Page:112/31/201610/1/2016 -GL Dates: Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number 17199611/14/2016 P374661 P20006.56730 (5,850.00)16-75058 742381 D Moore & CompanyJK AA 17232612/2/2016 P376845 P20006.56730 (24,825.00)16-75444 746361 Schnieder Family HomesJK AA 17258712/16/2016 P378398 P20006.56730 (38,212.50)16-76336 751437 Gladstein, MichaelJK AA (68,887.50)Account Total (68,887.50)Report Total This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: February 7, 2017 SUBJECT: Armstrong Springs Motor Control Center and Generator Upgrades – Accept as Complete SUMMARY: Armstrong Springs is one of the City’s three primary sources of water and is located just east of Jenkins Creek in the City of Covington. The electrical and control systems that operate this source reached the end of their service life and needed upgrading. The site did not have a back-up generator to provide power in case of a power outage. The project consisted of upgrading the motor control facility and installing a new standby generator to ensure that this spring remains a reliable source of water for the foreseeable future. The awarded amount for this project was $420,899.39. The total paid to SCF General Contractors, LLC is $392,857.88. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project was funded from the water utility. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: February 7, 2017 SUBJECT: 2016 Guardrail Repairs – Accept as Complete SUMMARY: The project consisted of repairing existing guardrail and crash attenuators at various locations throughout the City that were damaged by errant drivers. The Public Works Department actively pursues restitution from insured drivers for repair cost when collisions are reported to the Police Department. However, many of these accidents go unreported and the city is left to pay for the repairs. Since awarding the guardrail repair contract to Petersen Brothers, Inc. on April 19, 2016, guardrails were damaged by errant vehicles at three additional locations. Additional Locations: • 72nd Ave @ S 262nd St (outside curve); • SE 240th St about 500 ft. east of 144th Ave SE; and • Frager Rd S @ Meeker St (southeast corner) Petersen Brothers agreed to restore the additional locations, compensating work under established bid items. The awarded amount for this project was $80,689.22. The completed total paid to Petersen Brothers, Inc. was $89,921.04. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funded from the Business and Occupation tax. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: February 7, 2017 SUBJECT: 76th Avenue S. Storm Drainage Improvements – Accept as Complete SUMMARY: The project consisted of the installation of storm drainage conveyance at the approximate 21000 block of 76th Avenue South. The project included approximately 190 linear feet of 12 inch diameter storm drainage pipe, and associated backfill and pavement restoration. The project addressed surface water ponding issues along 76th Avenue South. The awarded amount for this project was $97,315.94. The total paid to Accord Contractors is $60,599.24. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project was funded through previously budgeted stormwater utility funds. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: February 7, 2017 SUBJECT: Soos Creek Water & Sewer District Water Service Boundary Adjustment Agreement – Authorize SUMMARY: The City’s and the District’s water service area boundaries were established and approved pursuant to Chapter 70.116 RCW, the Public Water System Coordination Act of 1977. In accordance with the East King County Coordinated Water System Plan (Soos Creek) and the South King County Coordinated Water System Plan (City), the City and District have been designated the exclusive water service purveyors within our respective authorized water service areas. The City’s and the District’s retail water service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health, King County, and other public agencies with jurisdiction. The City’s and the District’s exclusive water service area boundaries should be adjusted to reflect existing service to properties provided by either purveyor. If approved, this action will also adjust boundaries to conform to the edges of existing lot lines, where possible, instead of bisecting existing lots. EXHIBITS: Boundary Adjustment Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: There is no budget impact to the water utility. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: February 7, 2017 SUBJECT: Preserve at East Hill Final Plat – Approve SUMMARY: On March 1, 2006 the Hearing Examiner recommended approval to subdivide 11.34 acres into 45 single family residential lots. Currently addressed as 11211 SE 252nd St and is further identified by King County tax parcel number: 2022059029. The applicant has complied with the conditions required prior to recordation. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development & Public Works Department BUDGET IMPACTS: None MOTION: Approve the final plat maps for The Preserve at East Hill Final Plat and authorize the Mayor to sign the final plat maps. This page intentionally left blank. "* #KENT WAsHrtr6ToN ærerÉFqryFnF! coMMUNrrY DEVELOPMETIT Fred N. Satterstrom, AICP Dlreclor PLANNING SERVICES Charlene Anderson, AICP Manager Mailtng Address 220 Fourth Ave S Kent, WA 98032-5895 Locailon Address 400 West Gowe Kent, WA 98032 Phone: 253-856-5454 Fax 253-85&6454 r,l OFFTCE OF THE LAND USE HEARING EXAMINER Theodore P. Hunter Heanng Examrner RNDINGS, CONCLUSIONS AND DECISION FILE NO SFS PLAT #su-2004-16 KrvA #RPP3-2043830 APPLICANT John Fannrng 25003 114th Avenue SE Kent, WA 98030 REQUEST:The apphcant ts proposlng to subdrvrde an 11.34 acre srte tnto 45 srngle-famrly resrdentnl lots. LOCATION:25003 114 Avenue SE APPUCATION FILEQ: November 10, 2004 DEIERMINATION OF_ NONSIGNIFICANCE ISSUED: MEETING DATE ÐECTSTON TSSUEp DECISION STAFF REPRESENTATIVE PUBLIC TESTIMONY: Findngs, Conclusions and Dectspn Heanng Examner for the Oty of Kent 5FS #su-2004- r 6 (KrvA # RpPS-20s3830) Page 1 of 27 December 2, 2005 and February 3, 2006 February 15,20A6 March 1,2006 APPROVED wth conditions Matt Grlbert, Plannrng Seruces Mtke Grllespre, Pubhc Works James Jaeger, representing applicant Other: Bob Maclsaac Dadvar (Brran) Behnam Mahnaz Behnam Jím Sandstedt Laurre Sandstedt üoNxrcrr\s ron SuccEs:- EXHIBITS: 1 flndrngs, Concluspns and Dectspn Heanng Examtner for the Ctty of Kent sFs #su-2004- 1 6 ( KrvA # RPP3-2051830) Page 2 of 27 Statf Frle for #SU-2004-16(KIVA #2043830), wtth the followrng attachments:A. Staff Report, dated February 15, 2006 B, Long Subdlvrsron Prehmtnary Plat Applrcaüon wrth reduced copy of Slte Plan C. Correspondence to the Ctty of Kent from Jlm and Laurte Sunset, dated January 11, 2006 Correspondence from Jim and Leona Orr to the Crty of Kent, dated January 12, 2006 Correspondence to the Crty of Kent from Chris Cody, dated recetved January 10, 2006 Correspondence to the City of Kent from John and Chnsttne Fanning, dated January 2, 2006, wíth attached 1) stte plan wtth notatrons and 2) hand-drawn stte plan Correspondence from Ron and Chns Cody to the CiÇ of Kent, dated December 28, 2005 Correspondence to the Ctty of Kent from Jane Srngletary, dated December 16, 2005, wtth attached copy of photo and coptes from recorded documents from Short Plat #4771A7, addendum to easemenÇ and Statutory Warranty Deed Correspondence from ltm and Laurie Sunset to the Crty of Kent, dated December 15, 2005 Correspondence from Jtm and Leona Orr to the Clty of Kent, dated December 15, 2005 Correspondence to the Crty of Kent from Jane Srngletary, dated October 29, 2005 Correspondence from Jrm and Leona Orr to the CrW of Kent, dated October 26,2A05 Correspondence from Jtm and Leona Orr to the Crty of Kent, dated February 15, 2006, wtth altached 1) copres of prevrously tncluded letters and 2) Cars for Short Plat Number 471107 D. Department Routing - Frre, Public Works, Law Enforcement, Parks and Recreatlon E. Publrc Notrce ,1 G Notice of Applicatron, Affidavit of Postrng, Marlrng Lrst, Confrrmatron of Pubhcatron, and Notrce of Completeness SEPA Revrsed Mrhgated Determinatron of Non- Srgntfrcance and Envrronmental Checkhst 2.Wetland Delrneatron Report, prepared by Cantrell & Assocrates, dated August 26,2003 Mtrgation Plan, prepared by Cantrell & Assocrates, dated November 5, 2004 Revised Preliminary Plat Map (Site Plan), prepared by Jaeger Engrneenng, recerved June 17, 2005 Correspondence from Robert Mac Isaac to the City of Kent, dated February 15, 2006 The Heartng Examtner enters the followrng Frndrngs and Conclusrons based upon the testtmony and exhrbrts admrtted at the open record hearrng: FINDINGS The Apphcant requests approval of a prehmrnary plat to subdivrde four parcels of land totalrng 1L.34 acres rnto 45 srngle-famrly resrdentral lots. The sublect propefi rs located ln the East Htll area at 25003 - 114th Avenue SE and rs rdentrfred as Krng County Parcel Numbers 202205-903L, 9029,9196 and -9178. A portron of tax lal #2022A5-90421s also rncluded rn thls proposal.l The exrstrng resldence wrthln proposed Lot 32 (noftheast corner of the srte) would be retarned, whrle the ex¡strng resrdence rn proposed Lot 12 (south central portion of the srte) would be removed. Exhtbtt 1, Staff Report, page 1-2; Attachment B, Applicatron; Testmony of Mr. Gilbert; Exhtbtt 4, Ste Plan. The subject propeñry îs located between SE 248th and 256th Streets and lllth and 114th Avenues SE. The topography of the sub3ect property rs flat to gently rolltng. The northern portron of the srte rs forested wrth second growth trees and a tall grass and brush under story, whrle the southern portron of the slte contalns blackberry and younger trees. Sorls are generally Alderwood Gravelly, Sandy ' A full legal descrrptron of each parcel rs found on the gte Plan. Exhtbtt 4, 9te Plan. Frndngs, Conclusions and Dectsøn Heanng Exam¡ner for the CÌty of Kent sFs #5U-2004- 1 6 (KIVA #Rpp3-2053830) Page 3 of 27 F à' 1 3 4. 5 I 2 J Loam. The site contains six regulated wetlands and a pofton of the Upper M¡ll Creek.2 Exhtbit 4, Sfte Plan; Exhibit 2, Wetland Delineaûon Report, page l. Surroundlng adlacent propertres are zoned Stngle-Famtly Residential SR-4.5 to the south, Low Density Multrfamrly MR-G to the west, and Srngle-Famtly Residential SR-6 to the north and east. The Walnut Park 5 Condomrnrum development rs located west of the srte. Exhtbit 1, Staff Report, page 2; Exhrbtt 4, Ste Plan. The site plan deprcts an existrng access, Tract X that connects the residence in the northeast corner of the sublect property to SE 248th Street. Tract X ls a 30- foot-wrde drrveway created by Short Plat Number 47LI07 servrng four parcels, one of whrch rs paft of the sub¡ect property. Exhtbit 4, Ste Plan; Exhrbtt 1, Attachment Ç Sunset, Orr, Sngletary, and Fanning Correspondence. 4. .l¡ 5 6. 7 I The sub¡ect propefi rs zoned SR-6 - Srngle Famrly Resrdentral. The purpose of the SR-6 distrrct rs to stabrhze and preserve single-famrly resrdentral neíghborhoods designated in the comprehensíve plan and to promote diversrty of resrdentral envrronments by provrdrng a varrety of densitres and mrnrmum lot srzes, KCC 15.03.010; Exhtbtt 1, Staff Report, page 2. The SR-6 zone requires a mtntmum lot size of 5,700 square feet and a minimum lot wrdth of 50 feet. KCC 15.04.170. The proposed resrdentral lots range from 5,700 square feet to 12,800 square feet. Each of the proposed lots would meet or exceed the requrred mrnrmum lot s¡ze and lot wrdth. Exhtbtt 1, Staff Report, pdge 12; Exhtbit 4, Site Plan. The SR-6 zone allows a maxrmum gross densty of 6.05 dwelhng unrts per acre. KCC 15.04.170. The gross densrty of the proposed 45-lot resrdentral development would be approxrmately 3.97 dwelhng unrts per acre (45 lots + 11,34 acres). Exhíbit 1, Staff Report, page 2; Exhrbrt 4, 9te Plan. The Crty recerved pubhc comment letters from neighbors opposrng the densrty of the proposed plat. Nerghborrng property owners stated that the prqect's proposed densrty was "a lrttle overkrll" for the locatron and that East Hrll rs overcrowded already. Exhtbtt 1, Attachment C, Cody Correspondence. Crty Staff noted rn response that the plat's proposed densrty would be conslstent wrth the zonrng requrrements of the underlyrng SR-6 drstnct. Exhibit 1, Staff Report, page 6; Testrmony of Mr. Qlbert ? Wetland F contarns the on-ste porbon of Upper Mrll Creek. Exhrbtt 2, Wetland Dehneaûon Report, June 20, 2003 Ftgure entttled "Enûre VÊw." Findrngs, Concluspns and Decision Heanng Examtner for the Ctty of Kent sFs # s u-2004- 1 6 ( Kr vA f R pp3 -2 053 830) Page 4 of 27 9.The Cíty of Kent Comprehensive Plan designation for the sub¡ect propefi rs Stngle Famtly Resrdentral (SF 6), whrch allows a maxtmum densrty of srx dwellrng unrts per acre. Exhtbtt 1, Staff Report, page 2. The proposed development supports several Goals and Policles of the Land Use element of the Crty of Kent Comprehensrve Plan, rncludrng, but not lrmrted to, Goals LU-1, Lu-8, and LU-10, and polrcres LU 1,1, Lu 8.1, and LU 10.2. The sub¡ect property rs located near areas where exrstrng urban servrces and lnfrastructure are available, in-frll development provrdes a more efftclent means of provrdrng servrces and enhances pedestrran mobrlrty. The Comprehenslve Plan suppofts the development of close-rn vacant or underdeveloped propertles to ltmlt urban sprawl on the edges of the plannrng area. Comprehenslve Plan Land Use Goal 10 and Pohcy 10.2 encourage new development to provrde a wrde vartety of houstng types and opportun¡ties to accommodate pro;ected populatron growth wrthout converüng srngle famrly zones to multlfamrly resrdentral drstncts. Development of srngle famrly subdrvrsrons on underdeveloped, srngle famrly zoned land rs consrstent w¡th thrs ob;ectrve, The proposed plat's net densrty rs suffrclent to support urban servrces. The pro¡ect rs consrstent wlth apphcable goals and pohcres of the Crty's Comprehenslve Plan. Exhtbtt 1, Staff Report, pages 6-Z 12; Ctty of Kent Comprehensive Plan - Land Use Element (updated 2004). Pursuant to the State Envtronmental Polrcy Act (SEPA), RCïV 43.2LC, the Crty of Kent acted as lead agency for the rdentrf¡catlon and revtew of envrronmental tmpacts caused by the proposal. The Crty rssued a Mrtrgated Determrnatlon of Non-Stgntficance (MDNS) for the plat on December 30, 2005 and a revrsed MDNS on February 3, 2006. The MDNS contarns three condrtrons requtrlng the Appltcant to do the followrng; (1) obtarn a traffrc rmpact study to rdentrfy extsttng and future trafftc levels and to rdentrfy rmprovements necessary to mtttgate the identrfred rmpacts; (2) rn the event that the Crty of Kent obtarns Tract X as nght-of-way, the Apphcant or successors shall construct a paved pedestrran access way along rts length connecttng the proposed plat to 248th Street SE to provtde a safe walkway to George T, Dantel Elementary School; and (3) preserve wetland hydrology rn the srx on-srte wetlands conslstent wlth the Department of Ecology 2005 Stormwater Management Manual and prevent road runoff from enterrng the wetlands. Exhtbtt 1, Staff Report, page 3; Exhtbit 1, Attachment I MDNS. The Ctty recetved several comment letters on the MDNS from the four owners of Tract X (tncludtng the Appltcant), staûng therr opposrt¡on to the use of Tract X as 10. 11 Findngs, Conclusøns and Decision Heanng Examtner for the Oty of Kent sFs # su- 2004- t 6 (KrvA # Rpp3-2053830) Page 5 of 27 -iÊ .{ 't¡3 É. j-l : È¡ !í, ¡î t: i: t a pedestrian path or vehicle connect¡on to SE 248th Street. One comment letter requested that the Applrcant be requrred to burld a fence between the proposed plat and the wnter's ad¡acent property to the east. No appeal was filed before the end of the comment penod on February 77, 2006. Exhibtt l, Attachment Ç Correspondence; Exhíbit 5, Mac Isaac Correspondence. If an appeal rs not ftled, the condrtlons of the MDNS are no longer sub¡ect to legal challenge and become "frxed" as condrtrons of the threshotd determtnatlon. KCC 11.03.520. The proposed plat has access from 114ü Avenue SE at the southeast most corner of the slte and from 1l3th Avenue SE at the center of the slte's southern boundary. North-south travel through the plat would be provrded by 113th Avenue SE. A thlrd pornt of access would be provrded by the extenston of SE 252"d Sffeet to the southwest corner of the srte, from where rt would provrde east-west travel through the plat. The SE 252nd Street rrght-of-way, whtch connects to 109h Avenue 5E, rs currently undeveloped. All three streets are classlfred as Resrdentral Streets wrthtn the Crty's Comprehenslve Plan. The Apphcant would be requlred to develop the three streets consrstent wrth current City of Kent road standards. Exhtbtt 1, Staff Report, pages 4-5; Exhibit 4, Site Plan. The Applicant's ¡nitial proposed plat layout deprcted the new internal road, 113h Place SE, endrng ln a cul-de-sac near the north plat boundary ad¡acent to Lot 32. However, the Crty requtred the rnternal road to stub out at the plat's northeastern boundary to provrde for future connecttvtty and street networkng, consrstent wth the Comprehensrve Plan and the Crtyt subdlvtsron code. Tesûmony of Mr. Qlber|, KCC 12.04.635(6). Crty Staff determrned that the proposed plat would cause rncremental, cumulatlvely srgnrfrcant rmpacts to regronal and local transportatton systems. Exhtbit 1, Staff Report, page 7; Tesûmony of Mike Gillespre. A condrt¡on of MDNS approval requires the Applrcant to submrt a traffrc rmpact analysrs and to mrtrgate the traffrc rmpacts of the proposed plat. Exhtbtt 1, Attachment F, MDNS, ln 2004, the City adopted an amended version of the 2003 International Fire Code, The amended frre code provrsrons apply to the present applicatron. New developments of more than 30 srngle-famrly resrdences must be provrded wlth separate and approved flre truck access roads. An exceptron to the amended rule allows srngle frre truck access for up to 30 homes if all homes are provtded wth fire suppressron sprrnkler systems. The proposed plat was revtewed by the Cûy of Kent Frre Department, whrch agency determrned that Lots 13 and22 through 44 are each served by only one frre access road and must be provrded wrth flre á. 12. 13. t4 15. Frndtngs, Conclusions and Dectsion Heanng Examtner for the CtU of Kent SFS #5U-2004- 1 6 (K(VA # R pp3-20s3830) Page 6 of 27 i.. 16. suppress¡on sprinkler systems. Exhíbit 1, Staff Report, page 9; Exhibit 4, SÍte Plan; Exhibit 1, Attachment D Department Routing. The Apphcant proposes to detarn stormwater runoff generated by the plat's new ímpervious sudaces rn an on-srte detentron/retentron stormwater pond system located rn Tract C tn the southwest corner of the srte. The stormwater detent¡on system must be desrgned to satrsfy the m¡nrmum requlrements of the Crty of Kent Constructron Standards and 2002 Crty of Kent Surface Water Desrgn Manual (KSWDM). The stormdrarnage plans must rnclude an erosron and sedrmentatron control (ESC) plan. Exhtbit 4, 9te Plan; Exhrbrt 1, Staff Report, page 10; Exhtblt 3, Wetland Mtgaflon Plan, page 4, ìt: I 17.The Crty of Kent would provide publrc water and sanitary sewer service to all lots wrthrn the proposed plat. The Apphcant would be responsrble for providrng connectrons to eclectrc, gas, telephone, cable, and other utrlrtres and servrces to each lot. Exhtbtt 1, Staff Report, page 11; Testmony of Mr. Gilbert 18.The subject propeflry contains four Category 2 wetlands (Wetlands A, C, D, and F) and two Category 3 wetlands (Wetlands B and E), as defrned by the Cty of Kent Crrtrcal Areas Ordrnance. Kent Oty Code (KCC) 11.06.530 and 11.06.580(8) and (C), Category 2 wetlands requrre 50 foot buffers, and Category 3 wetlands requrre 25 foot buffers. KCC 11.06.600. The Apphcant proposes to fill approxrmately 7,000 square feet of Wetlands B, D, and E.3 Pursuant to KCC 11.06.600(C), the Apphcant proposes to utrhze buffer averaging to reduce the southern buffer of Wetland F, rn the northwestern corner of the srte, by ten feet. Thts would result rn a total of 2,929 square foot buffer reductron. Exhrbtt 3, Mtgation Plan, prepared by Cantrell & Assoaates; Exhibtt 4, Sfte Plan; Exhtbrt, 1, Staff Repoft, page 4. r The record contains confltcÍng frgures for the srzes and areas of wetlands to be filled. The Ste Plan deptcts the three wetlands proposed to be frlled as follows Wetland B = 595 square feet, Wetland D = 6,075 square fee[ and Wetland E = 822 square feet If these frgures are correct, a total of 7,525 sguare feet of wetland would be filled under the proposal. The Wetland Mrtrgatron Plan (Exhrbrt 3) wrthrn rtself contatns conflrctrng ¡nformatron on the area of wetlands to be frlled. The Table on page 2 states that a total of 6,525 square feet of wetland would be fìlled; however, under the headrng "Impact Analysrs" on page 2, the plan states that Wetland B (107 square feet), Wetland D (6,075 square feet) and Wetland E (822 square feet) would be frlled, whrch equals 7,A04 square feet of rmpacted wetlands. Under the headtng "Descrrptron and Functlonal Assessment of lhe Cntlcal Area" on page 2, the Plan states that Wetland D rs 5,906 square feet In addrtron, the Staff Report states that 7,492 square feet of wetland would be rmpacted. Based on the record, the Applrcant proposes to frll somewhere between 6,525 and 7,525 square feet of wetland. Exhtbtt 3, Mrtgaûon Plan, page 2, Exhtbrt 1, Staff Report, page 4, Exhtbtt 4, Srte Plan Frndngs, Conclusøns and Deaspn Heanng Examner for the Ag of Kent sFs #s u -2004- 1 6 ( Kr vA # RPPS -20s38 3 0) Page 7 of27 19.The Applicant submitted a wetland mrtrgaüon plan to address the proposed lmpacts to the wetlands and assocrated buffers. The Apphcant proposes to create 13,433 square feet of new wetland adlacent to Wetland A. Wetland A and the newly created wetland would be permanently set asrde as Sensttlve Area Tract A. The Apphcant proposes to create 4,297 square feet of buffer area ad;acent to the northern buffer of Wetland F. Wetland F and the assocrated buffer, rncludrng the created buffer area, would be set asrde as Sensittve Area Tract B. The Applrcant's proposed mrtrgatron plan would replace rmpacted wetlands at a rate of approxrmately 2la L, and would replace rmpacted buffers at a rate of approxrmately 1.5 to 1. The goal of the Appltcant's proposed mrtrgatron plan rs to ensure that the functronal value of the rmpacted wetlands would be replaced or rncreased by the created wetland and buffer areas. Proposed pfantrngs would replace the vegetatrve structure of the rmpacted wetlands wrth srmllar vegetatron. The mrûgatron plan would create a two large, sohd blocks of wrldlfe habrtat and protect them permanently from future fragmentaüon, Exhtbtt 3, Miûgatton Plan, prepared by Cantrell & Assoaates. A final Mrtrgatron Plan must be revrewed and approved by the Crty prror to lssuance of any srte development permrts. Exhtbtt 1, Staff Report, page 4; Testimony of Mr, Qlbert. The proposed plat is within the boundaries of Kent School Dístrict #415. In Washrngton State, ample provrsron for the educatron of chrldren rs a paramount duty of the state,a This requrrement rs fufther stated ln State and local laws. RCW 58.17.1L0 requrres that subdrvrs¡ons make approprrate provrsrons for the general welfare of the communrty, tncludrng provrsrons for schools and for safe walkrng condrtrons for students. KCC 12.04.685 echoes the statutory requrrernent of adequate provrstons for the general welfare of the communrty, rncludrng schools. The Applrcant must pay a per lot fee for school rmpacts pursuant to KCC 12,13.160. School rmpact fees are assessed and pard pnor to burldrng permrt rssuance for each lot. No comments from the School Drstrict were recerved. Exhibtt 1, Staff Report, page 10. Pursuant to RCW 58.17.110, a subdivislon must provide features that assure safe walkrng condrt¡ons for students who only walk to and from school. Exrstrng Tract X would provrde the shortest walkng path between the proposed plat and the George Danrels Elementary School. Condrtron No. 2 of the February 3, 2006 MDNS states, rn peftrnent paft: 4 Washrngton State Constrtuüon, Aft 9, 51. flndrngs, Concluspns and Dectson Heanng Examtner for the Oty of Kent SFS #su-2004- 1 6 (KrvA #RPP3-20fiffi4) Page B of 27 ta :.: 20. 2t In the event the City of Kent obtarns as right-of-way the area descríbed as Tract X ln the Covenants, Condrtrons, & Restnctrons recorded under Krng County recordrng number 77LL04---0 (src) (Tract X Area), the Owner/Subdlvtder, íts successor rn rnterest, or the subsequent homeowner's assoctatron for the subdrvls¡on shall construct a 6-foot wrde vertrcally separated asphalt walkway... or a new S-foot cement concrete s¡dewalk. ,wrthrn the Tract X Area and extendrng to SE 248th Street .s Exhíbtt 1, Attachment E MDNS, page 2. City Engineer Matt Gillespie testified that th¡s pedestrran walkway was requtred to address not ¡ust safe school walkrng condrtrons, but broader pedestnan access to SE 248th Street. Testmony of Mr. Gllespre, City Planning Staff testified that before the subject propefi was annexed to the Crty, Tract X was reserved by Klng County for future road access and was lntended to be deeded to the County rn the process of recordrng of Short Plat 47tL07 as future rrght-of-way for 114th Avenue SW, Tesûmony of Mr. Gtlbert Evrdence ln the record shows that Tract X rs prrvately owned by three partles tn addrtron to the Applrcant. These prrvate partres, rncludrng the Applrcant, have expressly wthheld consent for converslon of the prrvate dnveway rnto erther vehrcle or pedestnan access to SE 248th Street. Exhtbtt 1, Staff Report, pages 10-11; Exhtb¡t 1, Attachment C Correspondence, Fannng Letter; Tesilmony of Mr. Gilbert; Tesûmony of Mr. Gtllespte; Testrmony of Mr. Jaeger. At the heanng, one Tract X owner requested that the City obtain an official determrnatron as to the ownershrp of the access, to avord future surpnse. Testimony of Mr. Sunstedt. The Apphcant d¡d not appeal the requrred mrtrgatron measure and agreed to construct the paved pathway rf "the ownershrp rssue ts resolved." Tesflmony of Mr. Jaeger. ,l É- ')') 23 ;l s 24, 5 The short plat recordrng number rdentrfied rn MDNS Condrtron Number 2,"777104---0", rs not the same short plat recordrng number hsted on the CC&R documents provrded by the Applrcant and hrs nerghbonng property owners, "4771A7" Exhtbtt 1, Attachment C, Or¡ Srngletary, and Sunstedt correspondence It rs assumed for purposes of thrs decrsron that thrs rs a scnvener's error, but further research may be needed rf the property rs transferred to the Crty. ftndrngs, Concluspns and Deøsnn Heanng Examtner for the Cty of Kent SFS #su-2004- 1 6 (KrvA # RppS-20s3830) Page 9 of 27 The proposed plat provrdes pubhc rights-of-way includrng srdewalks that would connect wrth 109th Avenue SE, From 109th Avenue 58, students could walk on a paved, lrghted pedestrran path to SE 248th Street or be bussed to area schools. Exhtbtt 1, Attachment Ç Correspondence, Fanning Letter; Testimony of Mr. Jaeger. 26. 25 King County Department of Metropolitan Services (METRO) serves the subject property. A MEIRO stop rs located on Kent-Kangley Road approxrmately half of a míle south of the proposed plat. Exhtbtt 1, Staff Report, page 11, The Applicant proposes three open space tracts: Tracts A and B would be sensltrve area tracts, whrle Tract C would contarn the stormwater pond system. The Apphcant proposes, consrstent wlth KCC 12.04.780, to pay a fee tn lrcu of land dedrcatlon for parks and recreatron purposes. Based on the sub;ect property's tax records, the pro¡ect's fee rn heu of land ded¡catlon would be $38,212.50. The fee would be hetd rn reserue and used by the Clty for tmprovement, marntenance, or acqursrtron of addrtronal park land and publtc play areas, Exhibtt l, Staff Report, pages 9-10; Exhtbtt 1, Attachment D, Depaftment Routrng. 27 The Crty provrded adequate notrce of the apphcatron and the open record hearrngs by marlrng to persons owntng propefi wlthln 300 feet, postrng of the srte, and publrcatron rn the King County Journal. Exhtbit 1, Staff Report, page 5. At the hearrng, a nerghbonng property owner requested that the Applrcant be requrred to construct a fence along the shared boundary between hrs land and the prolect srte rf Tract X rs developed as a pedestnan walkway. Testimony of Mr. Maclsaac. The Appltcant agreed to parttctpate tn creaüng an approprtate fence or other buffer to prevent pedestrrans and anrmals from entertng the nerghbor's property, rn the event that Tract X rs tmproved wrth a paved pedestrran pathway. It was noted, however, that the rssue of ownershtp of Tract X must be resolved before any walkway would be developed wtthtn lt. Testimony of Mr. Jaeger. CONCLUSIONS Jurisdiction The Hearrng Examrner has ;urrsdrctron to hold a hearrng on preltmtnary plat applcatrons; to consrder all evrdence presented at the heartng; and, based on that evrdence, to approve, disapprove, or approve wrth condltlons the prehmtnary plat. KCC 2.32; KCC 12.04; RCW 58.17, Criteria for Review The declsron of the Heanng Examrner must be supported by the evrdence presented and must be consrstent wlth the standards and crrterra for revlew specrfted ln state statutes and crty ordrnances. Findings, Conclusions and Decision Heanng Exam¡ner for the Ctty of Kent 5F5 #su-2004- 1 6 (KrvA # RPPS-2053830) Page 10 of27 The standards and cnteria for review of preliminary plat applications are found in Chapter 12.04 of the KCC and Chapter 58.17 of the Revrsed Code of Washrngton (RCW). The revrew cntena rnclude the followrng; A.Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdrvrsron: Creates legal building sites, which comply with all provisions of KCC Title 15, Zonrng, and health regulatrons; Establrshes access to a pubhc road for each segregated parcel; Has surtable physcal characterrstrcs (r.e. a proposed plat may be denied because of flood, rnundat¡on or wetland condrtrons; slope, sorl stabrlrty and/or capabrlrtres; or the constructron of protectlve ¡mprovements may be requrred as a condrtron of approval);If adlacent to another munrcrpalrty or Krng County, takes lnto consrderatton the subdrvrsron standards of that ¡urrsdrchon as well as the requrrements of thrs chapter; Makes adequate provrston for stormwater detentron, drarnage ways, water suppltes, santtary wastes, and other pubhc utrlrtles and servtces, as deemed necessary; and, Makes adequate provrsron for the connect¡vity of streeb, alleys, pedestrran accessways, and other pubhc ways. Under KCC 12.04.685(A), a proposed subdivisron and dedication shall not be approved unless the Crty flnds that: 1 Approprrate provlsrons have been made for:a. The publrc health, safety and general welfare of the communtty;b. Protectron of envrronmentally sensrtlve lands and habrtat;c. Open spaces;d. Communlty parks and recreation;e. Nerghborhood tot lots and play areas;f. Schools and school grounds;g. Drarnage ways;h. Stormwater detentron;i. Connectrvrty of srdewalks, pedestrian pathways, traffic calming features and devrces, and other plannrng features that assure safe walkrng condrtrons wrthrn and between subdlvrslons and nerghborhoods for resrdents and students who walk to and from schools, parks, translt stops and other nerghborhood servrces; Findings, Conclustons and Deasion Heanng Examtner for the Cty of Kent SFS # su - 2004- 1 6 ( KrvA # R Pp3 - 205 3830) Page 11 of27 1 2 3 4 5. 6. B..1 it j. Connectivity of streets or roads, alleys, pedestrian accessways, and other publrc ways wrthrn and between subdrvrsrons and nerghborhoods;k. Transit stops;l. Potable water supplies;m. Sanitary wastes;n, Other publrc utrhtres and serurces, as deemed necessary; and The Cty has consrdered all other relevant facts; and The pubhc use and rnterest wrll be served by the plattrng of such subdrvrsron and dedrcatron; and The Clty has consrdered the physrcal charactenstrcs of a proposed subdrvrsron srte. These cnteria as set forth rn the Kent City Code are essentially identical to those rn the Revrsed Code of Washrngton. These cntena must also be met by the applcatron before a decrsron of approval can be made. RCW 58.17.110 requrres that: Approprrate provrsrons must be made for the pubhc health, safety and general welfare, for open spaces. drarnage waysr streets or roads, alleys, other pubhc ways, translt stops, potable water supplres, sanrtary wastes, parks and recreatron, playgrounds, schools and school grounds and all other relevant facts rncludrng srdewalks and other plannrng features that assure safe walkrng condrtrons for students who only walk to and from school; and the pubhc rnterest must be served by the subdrvrsron. Conclusions Based on trndrnqs: W¡th conditions, the proposed plat is consistent with the provisions of KCC 12.04 and RCW 58.17.110. A.Wrth conditrons, the proposed prelrmrnary plat would comply wth the standards set forth rn KCC 12.04 and RCW 58.17.110. The subdrvrsron would create 45 legal buldrng srtes, each wrth access to a pubhc street. New and exrstrng roads wrll be rmproved to current Crty road standards. Wrth the proposed rmprovements, rncludrng the extensron of SE 257nd Street rnto the srte provrdrng a road connectlon to 109th Avenue SE, the plat makes adequate provrsron for the connectrvrty of streets and safe pedestrran passageways, The proposed burldrng area has surtable physrcal charactenstrcs for the development of srngle-famrly resrdences. A condrtron of approval would ensure that the Apphcant's mrtrgabon plan bú#q 2 3 4 C I lFf Findings, Conclusrcns and Decision Hearrng Examtner for the CÊy of Kent SFS #su-2004- 1 6 (KrvA #Rpp3-2053830) Page 12 of 27 B. Ftndtngs, Conclusions and Deqspn Heanng Examtner for the 1ty of Kent .9FS #su-2004- 1 6 (KIVA #RPP3-2053830) Page 13 of 27 addresses all impacts to wetlands and associated buffer areas caused by the pro¡ect, consrstent wrth the cntrcal areas provtstons of the Cty Code. The plat makes adequate provrsron for stormwater detentron. Potable water and sanitary sewer rs avarlable to serve the development, Findings Nos. 1, 2, + 12, 13, 14, 16, 1Z 18, and 19. Wrth condrtrons, appropnate provlstons wlll be made for the publtc health, safety, and general welfare of the communrty. No srgn¡frcant health tssues were ratsed by thrs applrcatron. The physrcal charactertshcs of the s¡te have been consrdered, and such charactenst¡cs would not prevent development of the srte as proposed. Adequate mrtrgatron for rmpacts to on-srte wetlands and buffers wrll be ensured by a condltron of approval. Two large sensrtrve area tracts would be created for the permanent protectron of wetland values and functrons. The pro¡ect provrdes access to the plat from streets that would be fully rmproved to Crty standards. The plat makes approprrate provrsron for street connectrvrty. Condrtrons of the MDNS ensure adequate mrtrgatron of traffrc rmpacts. Even wrthout development of Tract X, the platb proposed street rmprovements would ensure safe walkrng condrtrons for pedestrians and students walkng to and from school. Lots 13 and22 through 44 will be sprrnklered to satrsfy Frre Code requrrements, The Apphcant wrll pay a fee rn |eu of parks/open space dedrcatron, adequately contrrbutrng to communrty parks and recreatron ¡n the vrcrnrÇ of the srte. School lmpacts wrll be mrtrgated through payment of a school rmpact fee at the trme of burldrng permrt rssuance for each lot. Transrt facrlrtres are provrded at a nearby METRO faolrty. The ûty of Kent would provrde potable water and sanitary sewer serv¡ce to each residenttal lot. Stormwater runoff would be treated and deta¡ned on srte rn accordance wrth Crty standards. The proposed plat was revrewed for comphance wrth SEPA and an MDNS was rssued. No appeal was frled. The proposed development rs consistent wrth the Comprehensrve Plan. The publrc use and rnterest would be served by the creatron of 45 srngle-famrly lots complyrng wrth R-6 zonrng standards and relevant Comprehensrve Plan pohcres. Fndngs Nos. 2, 5, 6, 9, 10, 11, 15, 20, 21, 22, 23, 21 2, and 26. Based on the above conclusrons, ¡t can also be concluded that the requrrements of RCW 58.17.110 have been satrsfred. Frndngs Nos. 1, 2, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 1Z 18, 19, 20,21, 22,23,24,25, and 26. !' I 3 ì bl C DECTSION Based on the precedrng Findings of Fact and Conclusrons, the request for approval of a prelrmrnary plat to subdrvrde four parcels of land totalrng 11.34 acres rnto 45 srngle- family resrdentral lots at 25003 - 114th Avenue SE rn Kent, Washrngton rs GRANTED, sub¡ect to the followrng condrtrons: A. Pnor to Recording this Subdvision: 1 The Owner / Subdrvlder shall pay all Charges rn Lieu of Assessments andlor Latecomer Fees, rf any, pnor to scheduhng the Pre-Constructron Conference andlor pnor to recordrng thrs plat, whrchever comes frrst. The Owner / Subdrvrder shall provrde Public Works wrth a dgtal plat map prepared wrth a CAD program. The drgrtal rnformatron can be formatted rn erther *.DWG (AutoCad) or *.DXF (Drawrng Exchange Frle), but rnust be based upon State Plane coordinates: an assumed coordinate sy!¡tem is not oermitted. The State Plane Coordrnates shall be on the NAD 83/91 datum and relate to at least two Crty of Kent reference pornts wrthrn one half mrle of the subdlvrsron. In addrtron, the pro;ect shall be tred rnto at least two CrÇ of Kent NAD BB vertical benchmarks and two addrtronal permanent benchmarks shall be estabhshed wrthln the pro¡ect. The elevatrons of these benchmarks wrll be reported at the trme as-burlt drawrngs are submrtted along wrth freld notes sufflclent to venfy therr accuracy. The Owner / Subdrvrder shall submit and recerve C¡ty approval of engrneenng drawrngs from the Department of Public Works, and shall then erther construct or bond for the following: a. A gravity sanrtary sewer system to serve all lots The public sanrtary sewer system shall be extended from the exrstrng publrc sanrtary sewer system and shall be slzed to serve all off-srte propeftres wrthrn the same servtce area; ln addrt¡on, the santtary sewer system shall be extended across the entrre subd¡visron as needed to serve ad;acent propertres wlthrn the same servrce area, unless otherwrse determrned by the sanrtary sewer purveyor. 2. *1' 3 Findings, Conclusions and Deciston Heanng Examner for the Cty of Kent SFS #su-2004-1 6 (KrvA #RPP3-20í3830) Page 14 of 27 ?å Any septic systems seruing existing homes wrthrn the proposed subdlvlslon - rf any - shall be abandoned ln accordance wth Kng County Health Department Regulatlons. b.A water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended across the entire subdrvrsron as needed to rnterconnect and loop the water marns on 113th Avenue Southeast, 114th Avenue Southeast, and Southeast 252nd Street, as well as all new publrc streets wrthrn the plat. The water marns shall be extended rn a manner whrch wrll allow for the future extensron and servrce of ad¡acent propertres wrthrn the same servtce arear as determlned necessary by the water purveyor, Exrstrng wells - rf any - shall be abandoned in accordance wlth the requtrements of the Department of Ecology. c.A stormwater system. The Engrneerîng Plans must meet the mrnrmum requrrements of the Cty of Kent Constructron Standards and 2002 Crty of Kent Surface Water Desrgn Manual (KSWDM). Inùal gurdance for the Engrneerrng Plans rs grven below (See Chapter 2 of KSWDM for detailed subm¡ttal requrrements): (1) The Engrneering Plans w¡ll include at a mrnrmum: Site rmprovement plans whrch rnclude all plans, detarls, notes and specrfrcat¡ons necessary to construct road, drarnage, and other related rmprovements. The engrneenng plans shall include a technrcal rnformatron repoft (TIR) whrch contarns all the technrcal rnformatron and analysrs to develop the srte tmprovement plans, (2) An erosron and sedrmentation control (ESC) plan shall be lncluded rn the engtneenng plans. The ESC shall meet the requrrements of the Crty of Kent Constructron Standards, and the 2002 CrÇ of Kent Surface Water Desrgn Manual. These plans must reflect the Detarled Gradng Plan drscussed below, and the Plannrng Servrces approved Detarled Tree Plan ;l L Findrngs, Concluspns and Decision Heanng Examtner for the Oty of Kent SFS #su-2004- 1 6 (KIVA #Rpp3-20s3830) Page 15 of 27 (3) The retentlon / detentron and release standard that will be met by the subdrvrsron ts Level Two. The water qualrty menu that will be met by the subdrvrsron rs the Resource Stream Protection Menu. (4) The slte rmprovement plans and technrcal informatron report wrll contarn drarnage calculatrons and a drawrng of the retentron / detentpn pond tract at an appropnate engrneenng scale to show that the proposed on-srte or off- srte retentron / detention tract rs large enough to contarn the requrred mrnrmum stormwater storage volume and water qualrty facrhty. The s¡te tmprovement plans wrll also show that all requrred stormwater management facrlrtres wrll be outsrde of dehneated wetlands and therr buffersr as well as outsrde of creeks and therr buffers, (5) A level two downstream analysis ís required for this development, and rt wrll rnclude an analysrs for capacity, erosron potentral, and water qualrty, Refer to the requrrements of Technrcal Informatron Repofts rn Secüon 3: '*Offsrte Analysrs", of the 2002 Crty of Kent Surface Water Desrgn Manual for the specrfrc lnformatron requrred for downstream analyses. Proposed lots 17 and 18 and the right-of-way immediately adjacent to those lots at the southeast corner of thÍs proposed development, shall be graded to drain to the existing storm drainage system to the south on 114th Avenue Southeast. (6) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be drrected to a Roof Downspout Infrltratron System meettng the requtrements of Secbon C.2, flow Control BMP's , rn Appendrx C to the Krng County Surface Water Desrgn Manual. These roof downspout conveyance and rnfrltratron systems shall rnclude overflow prpes connected to an approved drspersron system. The Drainage Plans wrll tnclude an approved detarl for the Roof Downspout Infrltratron System. The face of the recorded plat shall contarn the followrng restrrction: "\t. r'i Findings, Conclusions and Decision Heanng Examtner for the Crty of Kent sFs #su-2004- 1 6 (KIVA #Rpp3-2053830) Page 16 of 27 AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDTVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PI.ANS. (7) If determrned necessary by the Publ¡c Works Department followrng review and approval of the downstream analysrs, the Owner / Subdrvrder shall provrde public drarnage easements meetrng the requrrements of the Crty of Kent Constructron Standards for the specrfred downstream reach where adequate publrc drarnage easements do not currently exrst. (B) The Owner / Subdrvrder shall submrt Landscape Plans for withrn and surroundrng the retentron / detentron facllrty to Plannrng Servrces and to the Department of Publrc Works for concurrent revrew and approval prror to, or rn con¡unctlon wrth, the approval of the Engrneerrng Plans. These Landscape Plans shall meet the mrn¡mum requrrements of the Crty of Kent Constructron Standards, and the stormwater management landscaprng requrrements contarned wrthrn the 1998 Krng County Surface Water Desrgn Manual. Landscape Plans are regwred to show ad¡acent Street Trees so that the City arbonst can assess potenûal adverse stress upon all Upes of vegetatøn. (9) The Owner / Subdivrder shall execute Declaratlon of Stormwater Facrlrty Marntenance Covenants for the prrvate porflons of the drarnage system prepared by the Property Management Sectron of the Department of Publrc Works. See Reference 8-F, Declaratlon of Stormwater FacrhÇ Marntenance Covenant, to the 2002 Clty of Kent Surface Water Deslgn Manual for lnformatron on what ls contalned wrthrn thrs document. A Detarled Grading Plan for the entire subdivision meeting the requrrements of the Unrform Burldrng Code, the Crty of Kent Constrqc[ron Standards, and Crty of Kent Development Assistance Erochure #1-3, Excavatrcn and Gradng Permts & Gradmg Plans. Inrûal gurdance for these plans ls gtven below: I ti d FindÌngs, Conclusions and Decision Heanng Examner for the Cty of Kent sFS #su-2004- 1 6 (KrvA #Rpp3-2053830) Page 17 of 27 ¿¡ Findrngs, Concluspns and Decision Heanng Examtner for the Cty of Kent 5F5 #5U-2004- 16 (KrVA #Rpp3-2053830) Page l8 of27 (1) These plans will include provisions for utrlrties, roadways, retentron / detentron ponds, stormwater treatment factlrtres, and a burldrng footpad for each lot. (2) These plans shall be designed to elrmrnate the need for processrng several rndrvrdual Grading Permrts upon apphcatron for Burldtng Permlts. (3) These plans will use a l-foot maximum contour interual, and every frfth contour lrne wrll be darker and wrder rn conformance to standard draftrng practrce. A Final Wetland Mitigation Plan meeting the requirements of the Kent Crty Code Chapter 11.06. These plans shall pursue avordrng or mrnrmrzrng rmpacts to wetlands to the maxrmum extent possrble by analyzrng altematves that would avord the rmpact. If gradrng rs a part of the frnal wetland mtrgatron plan, all grading shall be rncluded on the gradrng plan for the entrre srte, rncludlng buffers and approprrate 1S-foot Burldrng Setback Lrnes. Interím Street Improvement Plans for 114th Avenue Southeast. These Interim Street Improvement Plans shall meet the requrrements of the Cty of Kent Constructlon Standards. and Oty of Kent Ðevelopment Asststance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street desrgnated as a Resrdentral Street by the Crty of Kent Master Plan of Roadways. Inrtial gurdance for the necessary lntenm street rmprovements rs grven below: (1) Along that portron of 114t Avenue Southeast which abuts the sublect property south of Southeast 252nd Street, the followrng rmprovements shall be constructed: (a) Combined vertical concrete curbs & gutters, a S-foot wrde planter strrp, and a S-foot cement concrete sidewalk along the west slde of the street. (b) A mrnimum of 2O-feet of Hot Mix Asphalt (HMA) pavement as measured from the face of curb on the west srde of the street to edge of traveled lane on the f. * å +.tl! +i Þ; *\ F g. Findtngs, Conclusrcns and Deøsion Heanng Examtner for the ùty of Kent SF5 #su-2004- 1 6 (KrvA #RpP3-2053830) Page 19 of 27 east side of the street, plus a City-approved shoulder on the east srde of the street. (c) A CtÇ-approved street hghting system. (d) Public stormwater conveyance, detention and treatment facllrt¡es as apphcable. Street Trees rnstalled within the S-foot wide planting strrps constructed between the back of curb and the front of the cement concrete srdewalk. These Street Trees wrll be located as approved by the Publrc Works Department, and the species shall be selected from the Approved Street Tree Lrst contarned wrthrn Crty of Kent Development Assistance Brachure #14, Crty of Kent Street Trees. (2) For that off-site portion of 114ü Avenue Southeast which lies southerly of the sub;ect property, the rntenm street rmprovements shafl consrst of a mlnlmum 20-foot wrde HMA pavement roadway, S-foot wrde HMA shoulder along the west srde of the street, and a Crty-approved shoulder on the east srde of the street, storm drarnage facrlrtres and related appuftenances up to the ad;acent plat proposed by Morford. Street Improvement Plans for the new pubhc Residentral Street (113th Place SE) of 113th Avenue Southeast south of Southeast 252nd Street connected to the southeast corner of Lot 9, and half- street rmprovements to the south property hne (about 75 feet) and any remarnrng constructron as drrected by Pubhc Works, extendrng north through the rntersectron wrth Southeast 252nd Street and then northeasterly to the ¡ntersect¡on wrth 114th Avenue Southeast at the northeast corner of the sub¡ect property. The Street Improvement Plans for thrs street shall be desrgned rn conformance w¡th the requrrements for a Resrdentral Street as required by CrW oJ K.gnt Cons[ructron Standards, and CtU of Kent Development Asststance Brochures #6-2, Pnvate and Publtc Street Improvements and Oty of Kent Development Assstance Brochure # 6-8, Street Improvement Plans for a pubhc street 28-feet wrde. Inrtral guidance for these street rmprovements rs grven below: e) ¡ I ii I lj,I -4ð' 'i" ¡-i ':1 4 : s (1) Combrned vertical curbs & gutters, a S-foot wide pfanting strrp constructed between the back of curb and the front of the srdewalk, and then 5-foot wlde cement concrete srdewalks on both srdes of the street. (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, measured from face of verttcal curb to face of verilcal curb. (3) A street lighting system designed to the City's standards, constructed and marntarned by the Intolrght Dlvtsion of Puget Sound Energy; all electncal and marntenance btlls shall be pard for by a Home Owner's Assocratron. (4) A public stormwater drainage system, including provistons for collectron, conveyance, detenüon, and treatment facrlrtres. (5) Curb return radii of 2O-feet at the intersection of all public streets, All rntersectrons wrll include provrsrons for ADA comphant handrcap ramps as appropriate. (6) Street Trees installed within the S-foot wrde planting ships. These Street Trees wrll be located as approved by the Publrc Works Depaftment, and the specres shall be selected from the Approved Street Tree Lrst contarned wrthln City of Kent Development Assistance Brochure #14, Oty of Kent Street Trees. (7) Thrs street shall, at its connection with 114th Avenue Southeast (Tract X) right of way, termtnate wíth a temporary turn-a-round area meetíng the approval of both the Department of Pubhc Works and the Frre Marshai. The Owner / Subdrvrder shall construct a locked gate usrng Clrck2Enter technology at the connect¡on to Tract X to prohrbrt vehlcular use by other than emergency vehrcles. Thrs gate system shall lnclude provisrons to operate wrthout electrical power, and wrll meet wûh the approval of both the Department of Publ¡c Works Director and the Flre Marshal. Street Improvement Plans for Southeast 252nd Street. The Street Improvement Plans for thrs street shall be desrgned in conformance *, f' "þ t i -í3 1 n a{ 4 5 f; I oi ,u ::t .q ,'t *{'!i 1 ¿À h Findings, Conclusions and Decísion Heanng Examtner for the 1ty of Kent SFS #su-2004- 1 6 (KIVA #Rpp3-2053830) Page 20 of 27 to the requirements for a Residential Street as requíred by CiW of Kent Construchon Standards, and City of Kent Development Asststance Brochures #6-2, Private and Publtc Street Improvements and Oty of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wrde. In¡bal gutdance for these street rmprovements ls gtven below: (1) Combrned veftrcal curbs & gutters, a S-foot wide plantlng strrp constructed between the back of curb and the front of the srdewalk, and then S-foot wrde cement concrete s¡dewalks on both srdes of the street to the westerly lrmtts of the subdrvrsron (proposed lot #1). (2) On-site frontage requrrements: A minimum of 28-feet of asphalt pavement, measured from face of vertlcal curb to face of vettcal curb. Off-site requirements between the subdivision and 109d' Avenue Southeast: A mrnrmum of 2O-feet of Hot Mrx Asphalt (HMA) pavement as measured from edge of traveled lane to edge of traveled lane plus a S-foot wlde HMA pavement shoulders/ pedestnan walkway on one srde of the street and a Crty-approved gravel shoulder on the other stde of the street. (3) A street hghtrng system designed to the City's standards, constructed and maintarned by the Intolrght Drvrsron of Puget Sound Energy; all electrrcal and marntenance brlls shall be pard for by a Home Owner's Assoclatlon. (4) A public stormwater drainage system, including provisions for collection, conveyance, detenùon, and treatment fac¡l¡tres. (5) Curb return radii of 2O-feet at the intersection of all full wrdth publrc streets and ADA complrant handicap ramps as approprrate. (6) Street Trees ínstalled within the S-foot wide planting strips. These Street Trees wrll be located as approved by the Pubhc Works Department, and the specres shall be selected from ¡t 7I ¡-J 'i "t,l-t .É ,'| tà Findings, Concluspns and Deosnn Heartng Examtner for the Ctty of Kent 5FS #su-2004- 1 6 (KrvA #Rpp3-2053830) Page 21 of 27 T 'l i-l I ,I the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees. Street Improvement Plans for the new Private Residential Street connected to 113th Avenue Southeast Street, provrdrng access for lots 9, 12, and 13 and termrnaüng wrth a permanent cul-de-sac bulb, or approved turnaround at rts easterly termrnus. The Street Improvement Plans for thrs street shall be desrgned rn conformance to the requrrements for a Prrvate Resrdentral Street as requrred by Cttv of Kent Constructron Standards, and Crty of Kent Development Asststance Brochure #6-2, Pnvate and Publtc Street Improvements and A$ af Kent Develapment Asststance Brochure # 6-8, Street Improvement Plans for a street at least 16-feet wrde. Inrt¡al gurdance for these street improvements rs grven below: (1) A minimum of 16-feet of Hot Mrx Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of curb to face of curb, except where addltional pavement wrdth rs requrred by the Frre Marshal for emergency vehrcle access, (2) A Resrdentral Dnveway Approach with a 3O-foot design radrus wrll be used to provrde a connectron to the pubhc street. (3) An approved cul-de-sac bulb, or an approved turnaround at its easterly termrnus, unless thrs addltronal pnvate street improvement rs not requrred by the City Frre Marshal. (4) This prrvate street shall conform to the minimum horizontal and vertrcal ahgnment cnterra for a publrc Resrdentral Street. (5) A pnvate stormwater drainage system, includrng provrsions for conveyance, detentron, and treatment fac¡lrtres where apphcable. (6) Unless additional HMA pavement width is provided for parking, or othenruise determrned by the Fire Marshal, thrs mrnlmum wldth prrvate street servtng more than two lots shall have pavement markrngs and traffrc srgns rnstalled whrch clearly desrgnate thrs prrvate street as a Frre Lane, where no parkrng wrll be permrtted. Findings, Conclusions and Decision Heanng Exdmner far the Cty of Kent SFS #su-2004- 1 6 (KrvA #RPÆ-zAfiæo) Page 22 of 27 t. t,' ,t I .l r,i Ë I"ì ,.l. ìÌ{l j. (7) The private steet must be centered within a private roadway tract or easement that rs at least l-foot wrder than the total wrdth of the paved private street. Street Light Plans for all public streets meeting the requirements of the Cty.jf Ke[t Constructron_ Standards, and Oty of Kent Development Assstance Erochure #6-1, Street Lghting Requremenß. The Owner / Subdvider shall create a Homeowner's Assocration for this subdlvrsron to ensure that the property owners wrthrn thrs subdrvrsron are advrsed of thetr requtrement to pay for the provrded street hghtrng system, Those sectlons of the requrred document written to govern that assocratron as they relate to any Intolrght Drvrsron of Puget Sound Energy street hghtrng systems, shall be revrewed and approved by the Department of Pubhc Works, prror to the recordrng these documents. The face of the frnal plat wrfl clearly rdentrfiT that private street providrng access to Lots 9, tZ & 13, and thatthese lots alone will be served by thts pnvate street. The face of the final plat wrll also specrfy that the malntenance of thrs prrvate street rs the sole responsrbrlrty of the propefi owners who are served by thrs prtvate street. The Owner / Subdrvrder shafl deed all publrc rights-of-way, and othen¡r¡ise convey all prrvate and publrc easements necessary for the constructron and maintenance of the requrred rmprovements for thrs subdlvrston development, The Owner i Subdivider shall submit and receive approval for a Detailed Tree Plan, meetrng the requrrements of the Kent Zon¡ng Code, and CÊy of Kent Development Asststance Brochure #3, Detailed Tree Plans, prror to the rssuance of any Constructron Perm¡ts for the subdrvrsron. Gradtng Plans cannot be approved by the Department of Pubhc Works wrthout an approved Detarled Tree Plan. Detarled Tree Plans are not to be confused wrth requrred Street Tree Plans, whrch have an entrrely drfferent purpose, The Owner / Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and rts buffer(s) by creatrng a separate Sensltrve Area Tract and deedrng the tract rn fee srmple to the Cty, OR by grantrng a Sensrtrve Area Easement to the CÊy 4 5 6 7 ï j .; ,.) I}J 1' I I { 8. firtdings, Conclusions and Decision Heanng Examner for the 0U of Kent SFS #su-2004- 1 6 (KrvA #Rpp3-2053830) Page 23 of 27 *1 ,, I I for the entrre sensitive area, rn conformance to the requirements of the Crty of Kent Wetlands Management Code. Thrs Sensrtrve Area Tract or Easement shall be consrstent wrth the wetland and wetland buffer map contarned wrthrn the approved Wetland Dellneatron Repoft and/or approved Wetland Mrtrgatron Plan as approprrate. The Owner / Subdrvrder shall provrde a legal descrrptron of sard easement or tract prepared by a lrcensed land surveyor, pnor to ¡ssuance of any Constructron Permrts. The Sensrtrve Area Tract and the followrng language shatt be rncluded on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSTTIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFTCIAL iNTEREST IN THE LAND WITHIN THE TRACT. THIS iNTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PI-ANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT i EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE I.AND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FTLL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRiOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTTL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, RLL OR OBSTRUCTIONS (INCLUDING, BUT NOT LTMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE C[TY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UÏILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF t.i q.- 'f I1r! Û.' ¡(ì *t at ì d ^.t .'l I sr^l Findings, Conclusions and Decision Heanng Examtner for the Crty of Kent SFS #su-2004-1 6 (KrvA #RpP3-20s3830) Page 24 of 27 9 THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. The Owner / Subdivider shall permanently protect the approved and preserved, andlor enhanced, or relocated creek and rts buffer(s) by creahng a separate Sensrtrve Area Tract and deedrng the tract rn fee srmple to the Crty, OR by granting a Sensrtrve Area Easement to the Crty for the enüre sensrüve area. Th¡s Sensrt¡ve Area Tract or Easement shall be consrstent wrth the creek and creek buffer map contarned wtthrn the approved topographic and boundary survey provrded for thrs subdtvrsron. The Owner / Subdivrder shall provrde a legal descrrptron of sard easement or tract prepared by a hcensed land surveyor, prror to rssuance of any Constructron Permits. The Sens¡tive Area Tract or Easement shall be deeded or granted to the crty for drarnage utrlity purposes for whrch sard purposes shall take prronty over all other rrghts and restncÍons (present or future) encumbenng the descnbed propefi. In addrtlon the followrng language for the Sensitrve Area Tract or Easement shall be rncluded on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFTT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSiON, MAINTENANCE OF SLOPE STABILIW, VISUAL AND AURAL BUFFERING, AND PROTECTTON OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABTTAT, THE SENSINVE AREA TRACT / EASEMENI IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUB]ECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL TN WRMNG FROM THE CIW OF KENT THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARiNG, GRADING, BUILDING CONSTRUCNON OR OTHER DEVELOPMENT ACTIVIW. THE REQUIRED MARKTNG OR FLAGGING SHALL REMAIN TN PLACË UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICTNITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. 7 ÈI : i! Få e' Y¿ ,ììå rl 1 ã tlI l ,JFindings, Conclusions and Decision Heanng Examtner for the CtU of Kent SFS #su-20a4- 1 6 (KrvA # RPP3-2053830) Page 25 of 27 I NO BUILDING FOUNDATONS, STRUCTURËS, FILL OR OBSTRUCNONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CTTY. THE CITY OF KENT RESERVES THE RiGHT TO TNSTALL PUBLTC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MATNTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETON OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 10 The Owner / Subdtv¡der shall rnstall a wrldlrfe passable fence at the edge of the wetland buffer. In addrtron, Wetland Informatron Srgns approved by the Department of Pubhc Works shall be placed at the wetland buffer edge to rnform and educate owners and nearby resrdents about the value of wetlands, Wetland srgns shall be rnstalled at a rate of one (1) srgn per parcel adlacent to the cntrcal area. For large parcels, rncludrng pubfrc facrlrtres and rights of way, srgnage shall be installed at a rate of one (1) srgn per 1S0-feet. 11. The Owner / Subdivider shall provide the Department of Publlc Works wrth a copy of an approved Hydraulrc Pro¡ect Approval (HPA), or a wrrtten warver rssued by the Washrngton State Departrnent of Frsh and Wrldlfe prror to rssuance of any permits. Contact Larry Frsher of the Washrngton State Department of Frsh and Wrldhfe at (425) 649-7042 for addrtronal rnformation. t2.The Owner /Subdvider shall provrde the Department of Public Works wrth a copy of an approved Natronal Pollutant Discharge Elrmrnatron System (NPDES) Constructron Permrt rssued by the Washrngton State Department of Ecology prror to issuance of any permrts. 13 Prior to reJease of any constructron bonds, and prror to the approval of any Buildrng Permits wrthrn the sub¡ect subdrvrsron, the Depaftment of Pubhc Works must recerve and approve As-Burlt Drawrngs meetrng the requirements of the CiW of Kent Construct¡on S-tandards, and City of Kent Development Asststance Brochure #E-1, As-Butld Drawings, for: Streets; Street Ughtrng System; Water; Sewer; Stormwater Drainage Facrlrtres; and all off-srte rmprovements where the locatrons and/or elevatrons are deemed cntrcal by the Department of Publrc Works. ¿ +: { :l '4 ? * ! IFindings, Conclusions and Decision Heanng Examtner for the City of Kertt .çF5 #su-2004- 1 6 (KrvA #RPp3-2053830) Page 26 of 27 B. c 14.The Owner/Subdivider shall construct or provide a bond for the required mailboxes to servrce thrs plat, The locatron of the marlbox cluster shall be determrned by the Unrted States Postmaster. Prior to the issuance of a Burlding Permit on any lot in this subdivision, the Owner / Subd¡v¡der shall: 1. Record the Plat. Construct all of the improvements required in Section A, above, and pay the respectrve fees-rn-l¡eu-of rncludrng any mrtrgatton (EMA or EMF) charges. Recerve approval of the required As-Built Drawings for Street, Street Llghtrng, Water, Sewer, and Stormwater Management Facrlttres as deemed approprrate by the Department of Publrc Works. If the City claims ownership of Tract X as a basis for enforcrng Condition Number 2 of the February 3, 2006 MDNS, the Cty shall reach an agreement wth the four prrvate owners of Tract X, or frle a quret trtle actron rn Superror Court, prror to frnal pfat approval. If the Oty does not reach agreement or frle a quret trtle actron prror to frnal plat approval, the Apptrcant shall not be requrred to develop Tract X wrth a paved pedestnan path. DATED this lst day of March 2006 DRISCOLL & HUNTER Hearíng Examiners for the Crty of Kent By: G.û",*P"-l$*t" Theodore Paul Hunter ch'S:\Permt\Plan\lon gplats\2004\2043830-200S16ñndngs doc Findings, Conclusions and Decision Heanng Examtner for the Cty of Kent sFs #5U-2004- 1 6 (KIVA #Rpp3-20s3830) Page 27 of 27 2. 3 ,,{ *r i : -Ì ¡ 'l DISTRIBUTION OF HEARING EXAMINER MATERIAL THE FINDINGS OF SFS PLAT#SU-2004-16 (KIVA #2043830) WERE SENT TO THE FOLLOWING ON March 1, 2005 Send by e-marl to the followrng Publrc Works Duector, Steve Merryman, Mrke Grllespre, Jrm Storment, Frank Span¡er, CarolStorm, Gary Grll, Frank Grewell Parks Drrector, Lorr Flemm Burldrng Offrcral Frre Preventron Ctty Clerk Pìannrng Charlene Anderson, Wlllam Osborne Crty Councrl (rezones and plats only) Kent Reporter Hard copy placed rn files Hearrng Examlner Flle Plannrng Departrnent Frle Hard copy marled to Admrnrstratron Crty Councll Reading File Krng County Journal PI Kent SchoolDrstnct Attn Don Walkup Kent School Dlstnct Attn Gwenn Derdowsk¡ Hard copy sent to the followtng parttes of record Applicant/Owner: John Fannrng 25003 l14h Avenue SE Kent, WA 98030 Leona Orr 24909 114th Avenue SE KenÇ WA 98030 Jane Singletary 24823 114th Avenue SE Kent, WA 98030 Jrm and Laune Sundstedt 24805 114th Avenue SE Kent, WA 98030 Paul Moford PO Box 6345 Kent, WA 98064 Ron & Chrrs Cody 24912-g 110th Pt SE Kent WA 98030-6427 Rex Johansen 25316 113th Avenue SE Kent, WA 98030 Tonya Pettiet PO Box 1001 Enumclaw, WA 98022 M. Subrc PO Box 769 Renton, WA 98057 Betsy Bohannon PO Box 5062 Kent, WA 98064 Bob Maclsaac 25001 116th Avenue SE Kent, WA 98030 Dadvar (Bnan) & Mahnaz Behnam 4302 Lake Washrngton Blvd NE Krkland, WA 98033 'ì'{ Consultant: James Jaeger 9419 5 204th Place Kent, WA 98031 Additronal Owners: Roger Sharer tLz?3 sE 24$h St Kent WA 98030 Stein Skattum PO Box 769 Renton WA 98057 Other: \ Declaratron of Servrce Under penalty of per¡ury and pursuant to the laws of the State of Washrngton, I hereby state and declare that on lhrs date I caused to have dehvered via Emarl and regular Frrst Class mall, a true and correct copy of the Hearlng Examrner Dec¡sron to the above-hsted partres Executed at Kent, Washrngton on thrs 1't day of March 2006 Ci\\iÀ Q*¿*, Oeclarant Chns Holden S'\Perm rt\Plan\longplats\2004\204383 0-2004- 16f rndr ngsdst,doc I -}ì I l ; Ë t I ¿ Iit f { 4 Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: February 7, 2017 SUBJECT: Federal Grants Signing Authority Ordinance - Adopt SUMMARY: The Washington State Department of Transportation Highway and Local Programs office administers federal transportation dollars that have been awarded to municipalities throughout the state. WSDOT has notified the City that effective December 1, 2016, federal law requires that all reimbursement requests on federal grants must now include documentation that confirms the person signing the reimbursement request is authorized to legally bind the agency. In order to comply with these updated requirements and receive money for grant dispersal requests sent after December 1, 2016, and because multiple departments receive grants from the federal government, it is recommended that Chapter 3.70 of the Kent City Code be updated to explicitly grant department directors authority to sign reimbursement requests and vouchers on grants that have been awarded and accepted by the City. EXHIBITS: Ordinance RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: None MOTION: Adopt Ordinance No. _____, 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. This page intentionally left blank. 1 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sections of Chapter 3.70 of the Kent City Code, entitled “Public Contracting and Procurement,” to clarify the signing authority granted to department directors and the Mayor concerning contract amendments, change orders, and grant reimbursement requests. RECITALS A. On May 19, 2015, the Kent City Council adopted Ordinance No. 4150, which for the first time in more than 10 years, substantively amended and clarified Kent’s procurement and contracting provisions. In applying these new code revisions, staff became aware of two areas where further clarification is required to properly define who has proper approval and signatory authority. B. The first amendment is to expressly provide that department directors or their designees have the authority to sign all reimbursement requests and certification statements a federal, state, or other local agency may require from Kent as a grant recipient, once the overall grant agreement has otherwise been approved as required by the Kent City Code. 2 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests C. The second amendment is to clarify that the approval and signatory authority granted to department directors and the Mayor for change orders and contract amendments is limited to those changes that fall below the stated maximum threshold amount for an the individual change order, as well as the cumulative total of all change orders. The existing language includes the word “or” where “and” is required to properly convey the original intent of the provision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment – KCC 3.70.220. Section 3.70.220 of the Kent City Code, entitled “Director approval”, is amended as follows: Sec. 3.70.220. Director approval. Directors may approve work or purchases, and have signatory authority to execute any requisite contract, for the following: A. Contracts – Twenty thousand dollars ($20,000) or less. All purchases or work authorized by a director and valued at twenty thousand dollars ($20,000) or less should be memorialized in a written contract. Any contract or procurement in the amount of twenty thousand dollars ($20,000) or less, which can be paid from the originating department’s existing annual budget, may be approved and signed by the director. B. Change orders or contract amendments. The director is authorized to approve and sign the following contract change orders or amendments: 1. Change orders or contract amendments that involve only an extension of time for the contractor to perform. 2. Individual change orders or contract amendments that do not exceed the original contract amount by more than twenty thousand dollars 3 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests ($20,000), and or cumulatively are within ten (10) percent or sixty-five thousand dollars ($65,000) of the original contract amount, whichever amount is greater, if: sufficient funds remain in the approved project or department budget to pay the change order or amendment amount. C. Grant applications, award agreements, bequests, donations, or other gifts – twenty-five thousand dollars ($25,000) or less. The director may approve and sign all grant applications, unless the application itself requires otherwise. The director may also accept any grant, bequest, donation, or other gift in the total amount of twenty-five thousand dollars ($25,000) or less, and is authorized to approve and sign all documents necessary to receive the grant, bequest, donation, or other gift. In determining the total grant, bequest, donation, or gift amount for application of this section, the cost of any matching funds and the cost of fulfilling all conditions placed on the city’s acceptance of the grant, bequest, donation, or gift must be included in the calculation. In order for the director to have the authority granted by this section, any matching funds required to obtain the grant, bequest, donation, or gift must be available within the director’s existing budget. Upon the city’s receipt of the grant, bequest, donation, or gift funds in the total amount of twenty- five thousand dollars ($25,000) or less, the finance director is authorized to amend the department director’s budget and authorize expenditure of the funds. The finance director may then include these funds in the budget adjustment ordinance. 1. Grant reimbursement requests. Once a grant agreement is approved as provided for in this chapter, the director or designee is authorized to sign any grant reimbursement request or voucher, annual or final fiscal report, or any certification statement that may be required by the federal, state, or other local agency awarding or administering the grant. This delegation of authority specifically includes without limitation 4 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests the certification required by 2 CFR 200.415, as currently enacted or hereafter amended or recodified. SECTION 2. – Amendment – KCC 3.70.230. Section 3.70.230 of the Kent City Code, entitled “Mayor approval”, is amended as follows: Sec. 3.70.230. Mayor approval. The mayor has signatory authority and may approve the following: A. Contracts – Over twenty thousand dollars ($20,000). All purchases or work valued at an amount in excess of twenty thousand dollars ($20,000) must be memorialized in a written contract and signed by the mayor. Any contract valued at an amount of sixty-five thousand dollars ($65,000) or less may be signed by the mayor without city council approval if funds are available within the existing budget to pay the associated contract costs. B. Change orders or contract amendments. The mayor is authorized to approve and sign: (1) individual change orders or contract amendments that do not exceed the original contract amount by more than sixty-five thousand dollars ($65,000), and or (2) cumulatively are within twenty (20) percent or one hundred thirty thousand dollars ($130,000) of the original contract amount, whichever amount is greater, if sufficient funds remain within the existing budget. C. Grant acceptance, award agreements, bequests, donations, or other gifts. The mayor is authorized to approve and sign any application requesting grant funds for various city purposes if the grant application requires. The mayor may also accept any grant, bequest, donation, or other gift in the amount of sixty-five thousand dollars ($65,000) or less, and is authorized to sign all documents necessary to receive the grant, bequest, donation, or other gift. In determining the total grant, bequest, 5 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests donation, or gift amount for application of this section, the cost of any matching funds and the cost of fulfilling all conditions placed on the city’s acceptance of the grant, bequest, donation, or gift must be included in the calculation. In order for the mayor to have the authority granted by this section, any matching funds required to obtain the grant, bequest, donation, or gift must be available within the existing budget. Upon the city’s receipt of the grant, bequest, donation, or other gift funds as provided in this sectionin the amount of sixty-five thousand dollars ($65,000) or less, the finance director is authorized to amend the budget and authorize expenditure of the funds. The finance director may then include these funds in the budget adjustment ordinance. All reimbursement requests, vouchers, reports, or certification statements are to be signed by the director or designee in accordance with KCC 3.70.220(C)(1). D. Interlocal agreements. The mayor may approve and sign any agreement between the city and another public agency, including those entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW, without council approval, so long as any money that may be paid or received by the city under the terms of the agreement, or any resources dedicated by the city to the cooperative effort, does not exceed sixty-five thousand dollars ($65,000), and any payment or dedicated resource obligation under the agreement may be paid through the existing budget. E. Real property interests. The mayor is specifically authorized to do the following: 1. To acquire and convey rights-of-way and other property interests by lease or purchase when the city council has dedicated sufficient funds for the lease or purchase within the existing annual budget or project budget. 6 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests 2. To enter into any lease or other agreement conveying an interest in real property where the total annual amount paid or received under the agreement, or the total annual fair market value of the real property interest conferred, is twenty-five thousand dollars ($25,000) or less. However, no authority delegated under this section shall authorize approval of a lease or other agreement conveying an interest in real property for a term greater than two (2) years, including all options to renew, without express approval of the city council. The mayor, chief administrative officer, or appropriate department director will report to the applicable council committee or to the full council, at least quarterly, a record of any lease or other agreement entered into pursuant to this subsection. 3. To accept land, appurtenances, and other real property interests that are dedicated to the city as a condition of a private developer’s development permit or regulatory approval, or to release the same as part of such development approval, subject to prior review and approval by the city attorney. F. Surplus. Except for real property, or utility equipment and property as provided for in RCW 35.94.040, as the same may be later amended, or property that is sold to another governmental entity that is valued over fifty thousand dollars ($50,000) as provided for in RCW 39.33.020, as the same may be later amended, the mayor, upon a director’s recommendation, is authorized to surplus equipment or property the mayor determines is surplus to the city’s needs, and the mayor may sell or otherwise dispose of such surplused equipment or property for fair market value or as otherwise allowed by law. G. Pass-through fee contracts. Service contracts entered into at no or a nominal cost to the city, but that result in any associated fee or charge being passed through to a party other than the city, such as an agreement 7 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests with a collection company, may be approved and signed by the mayor, subject to prior review by the city attorney. H. Emergency. If an emergency exists as provided for in KCC 3.70.110(B), the mayor may sign all documents and take all actions necessary to address the emergency. If council approval would have been required by KCC 3.70.240, the city council shall be subsequently notified, but formal ratification is not required. SECTION 3. – Amendment – KCC 3.70.230. Section 3.70.230 of the Kent City Code, entitled “Council approval”, is amended as follows: Sec. 3.70.240. Council approval. Council authorization is required before the mayor is authorized to purchase or sign the items identified below. Upon council approval, all attachments and documents pertinent to the authorized act are impliedly approved even if they are not expressly stated or identified. Further, minor adjustments may be made to any documents or additional action taken if such changes are consistent with council’s approval and do not result in additional costs being paid by the city in excess of the amounts provided in KCC 3.70.230(B), if those additional costs are within established budgets. A. Contracts – Over sixty-five thousand dollars ($65,000). All purchases or work valued at an amount in excess of sixty-five thousand dollars ($65,000) must be memorialized in a written contract. If a contract’s estimated cost is over sixty-five thousand dollars ($65,000), or if there are not sufficient funds in the existing budget to pay the full contract amount, the city council must first authorize the contract before the mayor may sign the contract to make it effective and binding upon the city. 1. When the city council has specifically considered and approved a project with a line item in the budget that identifies: (a) the 8 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests contracting party, if known, (b) specific information as to the purchase or scope of the contract, (c) the estimated total cost of the purchase or contract, and (d) the term of the anticipated contract does not exceed two (2) years, that budget line item allocation shall constitute council authorization for the purposes of this section if the actual cost does not exceed the amount budgeted for that expense. 2. The city council may delegate to a third-party procurement authority on the city’s behalf. If such a delegation is made, no further council approval is required. Any delegated procurement authority must be exercised in accordance with KCC 3.70.110(G). B. Change orders or contract amendments. All change orders or amendments that exceed the mayor’s authority under KCC 3.70.230(B) must be authorized by the city council and signed by the mayor before becoming effective and binding upon the city. C. Agreements for receipt of grants, bequests, donations, or other gifts. If the city is awarded any grant, bequest, donation, or other gift in excess of sixty-five thousand dollars ($65,000), the city council first must authorize acceptance of the funds and the mayor’s execution of any resulting agreement. All reimbursement requests, vouchers, reports, or certification statements are to be signed by the director or designee in accordance with KCC 3.70.220(C)(1). D. Interlocal agreements. Any agreement between the city and another public agency that involves the payment or receipt of money, or the dedication of city resources, in excess of sixty-five thousand dollars ($65,000), including agreements entered into under the Interlocal Cooperation Act of Chapter 39.34 RCW, or that involves a payment obligation the city is unable to meet under the existing budget, must be authorized by the city council and signed by the mayor before becoming effective and binding upon the city. 9 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests E. Real property interests. Except for the limited authority codified in KCC 3.70.230(E), council approval is required for all real property leases, sales, or purchases that are not incidental to implementation of a prior project or program approved by council. Council approval is also required before the mayor may sign any lease or other agreement conveying an interest in real property where the total annual rental value of the lease or other real property interest conferred is more than twenty-five thousand dollars ($25,000) or for a term greater than two (2) years, including all options to renew. SECTION 4. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR 10 Amend Ch. 3.70 KCC – Signing Authority for Amendments and Reimbursement Requests 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\3.70-Procurement-GrantReimburseRequests-Authority.docx Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: February 7, 2017 SUBJECT: 228th St./UPRR Grade Separation Project – Condemnation Ordinance – Adopt SUMMARY: In order to construct an overpass over the Union Pacific Railroad tracks at S. 228th Street, the City requires the acquisition of a number of properties and/or property rights at or near S. 228th St. The City hopes to acquire all of the necessary property rights through direct negotiations with the owners. Litigated condemnation proceedings would be a last resort. So far, negotiations seem to be proceeding without the need for formal condemnation proceedings, and the City is making every reasonable effort to avoid formal condemnation. However, in order to maintain the schedule necessary to timely complete the project and avoid the risk of grant funds expiring, condemnation proceedings may become necessary if negotiation efforts fail. Therefore, having the condemnation ordinance and necessary authority in place now will reduce the time required to file condemnation proceedings should they become necessary, will keep the project on track, and will give staff more time to continue their negotiation efforts. As required by state law, notice of Council’s anticipated consideration of the ordinance was mailed to the affected property owners on January 20, 2017. Notice was also published in the Kent Reporter and the Seattle Times on Friday, January 27 and Friday, February 3, 2017. EXHIBITS: Draft Condemnation Ordinance, Exhibits A and B RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: Property acquisitions will be paid for with a combination of State and Federal grant funds. MOTION: Adopt Ordinance No. _____, authorizing the condemnation of property or property rights necessary to construct the S. 228th St. Union Pacific Railroad Grade Separation Project. This page intentionally left blank. 1 Condemnation Ordinance - S. 228th St. – UPRR Grade Separation ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of real property and/or property rights located 1,000 feet east and west of the railroad tracks for Union Pacific Railroad and adjacent to South 228th Street. This action is being taken in order to construct the South 228th Street grade separation project. This ordinance provides for the condemnation, appropriation, taking, and damaging of real property and/or property rights as are necessary for that purpose and provides for the payment thereof out of the S. 228th Street UPRR Grade Separation Project Fund (Fund No. R90067.64420.220). This ordinance also directs the City Attorney or designee to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements, and acknowledges that all of the real property affected is located within King County, Washington. RECITALS A. The grade separation project on S. 228th Street where the street meets the railroad tracks for the Union Pacific Railroad is necessary to improve traffic operations and safety by separating vehicle traffic on S. 228th Street from trains that operate on the UPRR tracks. The project will also increase pedestrian and bicycle mobility and safety by separating Interurban Trail users from vehicle traffic at the trail’s S. 228th Street 2 Condemnation Ordinance - S. 228th St. – UPRR Grade Separation crossing. Grade separation will occur by constructing an overpass on S. 228th Street over the tracks of Union Pacific Railroad. B. To complete the project, staff must acquire certain property and/or property rights along the project’s alignment. Efforts by City staff are currently ongoing to acquire the necessary property and/or property rights for this public use through negotiation and settlement agreements. C. In the past, staff has not typically sought formal Council action authorizing eminent domain proceedings until negotiation efforts fail or stall. However, timing on this project is critical due to time limitations on the use of grant funds required for the project. For this reason, staff has requested that Council authorize eminent domain proceedings for this public use now to place the City in a position to initiate condemnation proceedings without delay should negotiation efforts deteriorate so the project may still be timely constructed. D. Prior to Council’s action on this ordinance, the City provided the requisite notice to property owners in the manner provided for in RCW 8.12.005 and RCW 8.25.290. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Public Use and Necessity Declared. After receiving the report of City staff, and after reviewing the planned improvements for the S. 228th Street Union Pacific Railroad Grade Separation Project (the “Project”), the City Council finds and declares that the public convenience, use, health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage certain real properties, all or in part, and located in King County, Washington, in order to acquire the necessary real 3 Condemnation Ordinance - S. 228th St. – UPRR Grade Separation property and/or property rights for the construction of the Project, including all necessary appurtenances. The properties affected by this ordinance are legally described in the attached and incorporated Exhibit A (collectively “the Property”). The acquisition area proposed for the Project is broadly depicted in the attached and incorporated Exhibit B (“Acquisition Area”). However, the scope and boundary of the Acquisition Area may change concerning any portion of the Property if engineering requires modification of the plans, and such changes are hereby authorized. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, reconstruction, and restoration of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. – Condemnation Authorized. The City Council authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. – Condemnation Procedures and Proceedings. The City shall condemn the Property only upon completion of all steps and procedures required by applicable federal or state law or regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. – Project Fund. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City’s “S. 228th Street UPRR Grade Separation Project” fund (Fund No. R90067.64420.220) or from any of the City’s general funds, if necessary, as may be provided by law. 4 Condemnation Ordinance - S. 228th St. – UPRR Grade Separation SECTION 5. – City Attorney Authorized. In the event reasonable negotiation efforts are not successful with affected property owners, or if the timing of the Project otherwise requires, the City Attorney or his or her designee is authorized and directed to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation proceedings, the City Council authorizes the City Attorney to enter into settlements, stipulations, or agreements in order to minimize damages. These settlements, stipulations, or agreements may include, but are not limited to, the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. – Ratification. Any acts consistent with the authority of this ordinance and prior to its effective date are ratified and affirmed. SECTION 7. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. – Effective Date. This ordinance shall take effect and be in force five days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: KIMBERLY A. KOMOTO, CITY CLERK 5 Condemnation Ordinance - S. 228th St. – UPRR Grade Separation 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\Condemnation-228_UPRR_GradeSeparation.docx This page intentionally left blank. Exhibit A Page 1 of 2 EXHIBIT A Legal Descriptions for S. 228th St. UPRR Grade Separation Condemnation Ordinance ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 132204-9339 LOT B, BETAWEST SHORT PLAT CITY OF KENT NO. 89-4, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8911271377, SAID SHORT PLAT BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 132204-9219 and 383090-0060 PARCEL A: LOT 3, CITY OF KENT SHORT SUBDIVISION NO. SPC-84-4, RECORDED UNDER KING COUNTY RECORDING NUMBER 8406151322, BEING A REVISION OF CITY OF KENT SHORT PLAT NUMBER SPC-78-36, RECORDED UNDER KING COUNTY RECORDING NUMBER 7812200850, SAID SHORT PLAT BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL A1: A NON-EXCLUSIVE TWENTY FOOT EASEMENT FOR PRIVATE ACCESS AS DELINEATED ON SHORT PLAT NUMBER RECORDED AS RECORDING NUMBER 8406151322. PARCEL B: LOT 6, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGES 30 THROUGH 35, INCLUSIVE, IN KING COUNTY, WASHINGTON; PARCEL B1: A NON-EXCLUSIVE APPURTENANT EASEMENT OVER THE SOUTHERLY 10 FEET OF THE PREMISES IMMEDIATELY ADJOINING ON THE NORTH, AS GRANTED UNDER INSTRUMENT RECORDED UNER KING COUNTY RECORDING NUMBER 7401310120 AND RE-RECORDED UNDER KING COUNTY RECORDING NUMBER 7407010102. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 383090-0050 LOT 5, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLAYS, PAGES 30 THROUGH 35, IN KING COUNTY, WASHINGTON. Exhibit A Page 2 of 2 Tax Parcel Number 132204-9229 LOT A OF CITY OF KENT SHORT PLAT NUMBER SPC-89-4, ALSO KNOWN AS BETAWEST SHORT PLAT SP-89-4, RECORDED NOVEMBER 27, 1989 UNDER RECORDING NO. 8911271377, RECORDS OF KING COUNTY, WASHINGTON. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 883480-0110 LOT 5, BLOCK 2, UPLAND CORPORATE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 108 OF PLATS, PAGE(S) 38 AND 39, RECORDS OF KING COUNTY, WASHINGTON. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 132204-9342 LOT 2, CITY OF KENT AT&T SHORT PLAT NO. SP-93-5, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 9307300513, RECORDS OF KING COUNTY, STATE OF WASHINGTON; ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 383090-0065 LOTS 7, 8 AND THE NORTHERLY 190 FEET OF LOT 9, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGE(S) 30 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 383090-0230 LOTS 23 AND 24, KENT VALLEY INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGE(S) 30 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 883480-0090 LOT B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-2008-5, RECORDED UNDER RECORDING NUMBER 20081020001358, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT B CONVEYED TO CITY OF KENT PURSUANT TO QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 20120607001872. ------------------------------------------------------------------------------------------------------- Tax Parcel Number: 383090-0040 LOT 4 KENT VALLEY INDUSTRIAL PARK, ACCORDING TO PLAT RECORDED IN VOLUME 97 OF PLATS, PAGES 30 TO 35, INCLUSIVE, IN KING COUNTY, WASHINGTON; EXCEPT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 693010, FOR SOUTH 228TH STREET. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: February 7, 2017 SUBJECT: 80th Avenue South Pavement Rehabilitation Project - Award SUMMARY: Council authorized a several block section of 80th Avenue north of 196th Street to be reconstructed with concrete pavement in 2016. This project was included in the 2016 list of projects to be funded out of the B & O fund. The project was bid in July 2016 and the bids were very competitive. However, they were higher than the engineers estimate, so the bid award was delayed to allow the fund to accumulate additional revenue to pay for the entire endeavor rather than a shorter length of roadway. EXHIBITS: Memo dated July 26, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project will be paid out of the B & O funds planned for this purpose. MOTION: 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. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 26, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 80th Avenue South Pavement Rehabilitation - Award Bid opening for the 80th Avenue South Pavement Rehabilitation Project was held on July 16, 2016 with eight (8) bids received. The lowest responsible and responsive bid was submitted by TITAN Earthwork LLC in the amount of $1,432,704.90. The Engineer's estimate was $1,184,650.00. The Public Works Director recommends awarding this contract to Maroni Construction, Inc. Bid Summary 01. TITAN Earthwork LLC $1,432,704.90 02. Global Contractors, LLC $1,440,020.00 03. Rodarte Construction, Inc. $1,485,671.00 04. KC Equipment LLC $1,489,535.00 05. Jansen Inc. $1,601,083.11 06. Westwater Construction Co. $1,672,510.00 07. C.A. Carey Corporation $1,742,122.00 08. Gary Merlino Construction Co. $1,855,545.00 Engineer's Estimate $1,184,650.00 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: 02/07/17 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 07, 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 clerk’s Office continues its work managing the city’s records, responding to public disclose requests, preparing and distributing the city council agenda packets, and consistently working on the proper destruction of records. • In January, we welcomed our project manager business analyst Melissa Janson and are meeting with her on a weekly basis in an effort to streamline processes and procedures of the Clerk’s Office. Implementing a LEAN process for the City Council Agenda is our first project - stop by and check out our progress! • Chief Administrative Officer Derek Matheson represented Mayor Suzette Cooke at the Association of Washington Cities’ Mayors Exchange in mid-January. While in Olympia, he met with several Kent-area legislators regarding the city’s capital budget requests and other legislative priorities. • The city’s internal Homelessness Task Force resumed meeting in late November and has met a few times since. The task force’s mission is to ensure departments are communicating and collaborating on this high-profile issue. • Derek and Fire Chief Jim Schneider met with their respective information technology staffs in early January to discuss a long-term transition of IT services. The Puget Sound Regional Fire Authority assumed facilities maintenance responsibilities from the city on January 1 and wants to assume IT responsibilities, as well. The IT transition is more complex and will require a ramp-down over several years. • Kent4Health coordinated the Journey to Wellness as part of You Me We. This was the third year for the health-related section, located on the upper level. • Kent’s Neighborhood Program coordinator attended Shadowbrook Ridge neighborhood meeting on Thursday, February 2. The neighborhood wanted to learn more about the Neighborhood Program and the benefits offered. The neighborhood consists of 129 homes. One concern voiced at the meeting is vehicles parking on both sides of narrow streets. Page 2 of 11 • Mill Brook Heights has invited Kent’s Neighborhood Program Coordinator to their next neighborhood meeting of Sunday, February 12. This small neighborhood will also learn about the benefits the Neighborhood Program has to offer. • A community meeting will be held on Wednesday, February 15 with residents who live north of SE 256th St. and south of SE 248th St. between 111th Ave. SE and the west side of 116th Ave. SE. Discussion will be to learn about the new development, a new road called SE 252nd St. and the timeline of completion for the 45 homes called The Preserve at East Hill. • Kent’s Neighborhood Program, Economic and Community Development, Public Works, and American Property Development (APD) staff held a community meeting on Tuesday, January 31 for the North Park neighborhood. APD presented an overview of their company, how they will own and manage the new 131 unit apartment development for ages 55+, construction of the new street called W. Sipe St., and the new sidewalks to be installed along 1st Ave. N. and W. Cloudy St. ECONOMIC AND COMMUNITY DEVELOPMENT • Long Range Planning Division o The State of Washington Transportation Improvement Board made it official – Kent will receive $250,000 from the Complete Streets Program. Awards considered the quality of the agency’s complete streets ordinance, the level of integration of complete streets ethic in planning documents, community outreach/engagement in street plans and projects, and both past and future projects. Kent highlighted the Meet Me on Meeker project in our application, and we were nominated for the award by four agencies. Staff from ECD, Public Works and Parks developed a checklist process for transportation projects to help determine what aspects of complete streets should be considered for inclusion in the project. We’ll be working hard to incorporate multimodal aspects as practicable in all transportation projects, and we’ll be actively pursuing the higher award of $500,000 in the next round! o Preliminary timelines show that in 2017, Sound Transit is expected to continue stakeholder engagement for the Federal Way Link Extension to refine designs for the project, including station areas, develop and issue Requests for Qualifications and Requests for Proposals, finalize development and transit way agreements, and begin property acquisitions and relocations. A contractor could be on board as early as late 2018. Major utility relocations also may occur in 2018, with other permitting anticipated to begin in 2019 in anticipation of revenue service from Angle Lake to Federal Way by late 2024. Staff will be working hard to facilitate this project as its completion will help transform Kent’s West Hill area into what is envisioned in the Midway Subarea Plan! o Sound Transit is making headway on a project that will improve parking and access to Kent Sounder Station. A new parking garage near the station is a major component of the project. City staff is working with the Sound Transit team to narrow the list of potential sites to just four or five top choices by the middle of February. Sound Transit then will hold meetings with key stakeholders and the public to review the alternatives and decide on some of the details. Sound Transit is hoping to have refined the alternatives enough that City Council can make a final recommendation by June, 2017. • Permit Center Page 3 of 11 o Petco Store & Shop, 25448 Pacific Highway S: Construct new Petco retail store and retail shop building with associated stormwater facilities, utilities, parking, and landscaping. o Upcoming Pre-Application Meetings  Subway/mixed use addition  River's Edge Business Park Short Plat o Total Permits Issued: 73 o Valuation for Permits Issued: $1,807,871.18 o Total number of Inspections: 348 (276 passed, 28 failed, 3 continued) FINANCE • Our Customer Service division has been working closely with Public Works and Communications in preparation for potential phone calls with questions about the water and sewer rate increases. The February billings are the first billings with the rate changes. • The budget team is continuing to work on improvements to the City’s budget document and are making improvements to better align our document with the Government Finance Officers Association (GFOA) criteria for the distinguished budget award. • Our accounting team is currently immersed in our 2016 year-end process. Thus far we are on schedule with our year-end calendar. We closed December in mid-January and are now working in our 13th month accounting period. This is the first year the City has used a 13th month period and so far it has been working out well. HUMAN RESOURCES • Benefits o Becky Fowler retired January 31 after almost 30 years with the City – she will be missed! o The Mayor’s Breakfast is February 9, 7:30 a.m. at the Senior Center • Labor, Classification & Compensation o Staff is working on a grievance response to Teamsters Step 1, regarding leap year hours. o Staff is working on salary survey results analysis and other classification actions for various departments. • Recruitment o There was testing on Thursday, February 2 for the Admin. Assistant I position in Economic & Community Development. o Interviews were for Friday, February 3 for the Design Engineer II position in Public Works. o Patti Belle was offered the Multimedia Services Manager position. Her promotion was effective February 1. o Second interviews for the Benefits Manager finalists were Tuesday, January 31. o Entry Level and Lateral Police Department testing is Friday, February 3 in the computer lab; four different sessions and we’ll see up to 48 applicants in ONE DAY!! Page 4 of 11 o Preparing to open up two Tech Lead positions in Information Technology in the Systems & Integration Development division. o New Sr. Systems Analyst Jennifer Graff started in the Information Technology Department on February 1. • Risk Management: Completing OSHA 300 2016 reporting and compliance posting INFORMATION TECHNOLOGY • Multimedia covered the action at You Me We, a festival of free family fun, last Friday, January 27. Families and kids enjoyed interactive booths, sports competitions, contests, prizes, and watched impressive performances from Kent’s talented youth. https://vimeo.com/201767944 PARKS, RECREATION, AND COMMUNITY SERVICES • Parks Planning and Development o The construction contract for the Lake Meridian Dock Replacement project has been signed. The pre-construction meeting was January 27. o Hope Gibson, PPD Manager, is on the YMCA’s architectural selection committee for the East Hill YMCA project. Interviews of invited architects will take place in a couple of weeks. o The city just closed on the Martin property. This completes the assemblage of properties needed to connect Morrill Meadows and East Hill Parks. o The first Green Kent event of the year was Saturday, January 28. A group of 20-25 Key Club members removed invasive plants at Clark Lake. • Facilities o The custodial team cleaned carpets at the Centennial Building - first floor, City Hall Annex and the fourth floor at City Hall. New area assignments changed for the custodial team on January 22. o The HVAC team added an electrical circuit and two outlets for the Detective's area in Centennial to ensure they had enough electrical capacity to keep sensitive equipment operational. Wiring for the kitchen hood system at the 18-hole golf course was completed This wiring will allow the makeup air fan to shut down during a fire alarm and brings the system up to the current code requirements. o The maintenance team installed a new 100-gallon gas hot water heater at the corrections facility and continued work on the new radio room at the shops to allow for some reorganizing in fleet services. The crew finished painting at the West Hill Police Substation, Centennial Center, Kent Commons and the Shops. The crew secured the impound yard because the chain link fence surrounding the yard had been cut. Installation of the exterior walk-in freezer at Corrections was completed which added much needed space to store frozen foods. Page 5 of 11 • Housing and Human Services o The King County homeless count, headed up by AllHome, took place Thursday, January 27. Catholic Community Services provided their facility in Kent as a staging area and headquarters. New this year, the count areas are determined by census tract with one guide and three volunteers assigned to each of the 24 tracts in Kent. In prior years, Kent was divided into ten mapped or “known” areas, not covering the whole of Kent. In addition, new data collection methods will included a count of people living in shelter or transitional housing, a qualitative survey of people experiencing homelessness and new approaches to counting sub-populations, including youth, families, and those living in vehicles. Because of changes to the count methodology, a raw unsheltered number will not be available following the street count, as has been the practice in previous years. A complete report of count findings will be available in May 2017. • Recreation and Cultural Services Division o Approximately 4,000 youth and families representing every corner of the Kent community celebrated at the seventh annual You Me We event on Friday, January 27 at the Showare Center. This festival of free, family, fun showcases the great work of many youth, teen and family resource providers representing the areas of education, health, fitness, recreation, mentoring, leadership development, counseling and more. The event also featured the exceptional and unique talents of young local performers. o A new exhibit has been launched in Kent Create’s – the Arts Commission’s new web platform for sharing creative work. The theme of the exhibit is “home” and it runs through March 31. www.kentcreates.com. o The Peking Acrobats returned to Spotlight Series on Friday, January 27. Their performance at Kentwood High School drew a nearly sold-out crowd of 398. o The Senior Activity Center’s Deli Bingo and Rock ‘n Roll sing-along brought in more than $1,600 in support for the senior lunch program. o Chief Thomas and command staff were at the center for “Coffee with the Chief.” This was a very well attended event with lots of questions and concerns answered. The first of this season’s “Expanding Your Mind” series at the Senior Center was a workshop focusing on the musical “Hamilton.” This discussion will continue into March. POLICE • Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions: Officers Laine Farr and Kevin Eades retired January 31. • Significant crime activities/arrests/investigations o On January 13, officers responded to a suicidal male who cut his own throat. They provided on-scene aid that probably saved his life. o On January 15, a vehicle was racing another car and drove right into the back of a parked semi. The vehicle sustained significant damage and the driver was pinned against the dashboard. He was cited for reckless driving and DWLS 3 (Driving with license suspended). o On January 20, SIU (Special Investigations Unit) conducted an undercover ‘John’ Sting. Eleven suspects were arrested and nine cars were impounded. o On January 20, officers were dispatched to an illegal discharge at Waterbrook Apartments. They checked the area and did not locate anything. About a half hour Page 6 of 11 later dispatch had a call for a follow-up stating five to seven bullet holes had penetrated several rooms of an apartment. Officers responded back, spoke with residents, photographed the scene and collected bullets that appeared to be from a rifle. No additional evidence was located. o On January 21, officers were initially dispatched to a shooting with injuries in the area of 272nd St and Star Lake Road that turned out to be Federal Way jurisdiction. It was reported there were two males lying in the roadway and both had been shot. Upon arrival officers located both subjects with gunshot wounds to the chest/torso. Both of them were armed with handguns which were recovered. One male was identified as a 14-year-old listed as a runaway with a felony VUSCA (Violation of the Uniform Controlled Substances Act) warrant. Several small bags of methamphetamine were located on him and he was wearing a blue bandana around his neck. The other subject was a 17-year-old male. o On January 26, officers were dispatched to a drive-by shooting at The Row Apartments. No one was hit, just a car and the apartments. Detectives responded to assist. • Major emphasis patrol o A large homeless camp was cleaned up along Frager Rd. near the S. 228th St. bridge. An occupant contacted on the “posting day” will be charged with illegal dumping for all the garbage he left behind. o SOU (Special Operations Unit) contacted transients first thing in the morning at the Senior Center. Two people were arrested for illegal camping and warrant. A subject, who was from Seattle, was arrested for camping on the amphitheater at Earthworks Park. o SOU has been working with a transient couple who needed a place to stay, getting them bus passes and providing information on where to go for assistance. The wife is now in a housing program in Seattle and the male is currently working on a place for him in Seattle as well. SOU is also working on a housing situation for another transient couple. This has been difficult due to his criminal background and their unwillingness to be separated from each other. After a meeting with United Gospel Mission (UGM) it is believed they have a place for them to stay together. o SOU was advised by UGM that there was a family living with an infant in a truck in the parking lot of Fred Myer. When UGM contacted them they did not want any assistance. SOU contacted them the next day and expressed concern for the 12- month-old baby. They were able to talk them into getting some help so UGM was called back to assist and the family was taken in by UGM for housing assistance. • Events and awards o On January 18, Commander Church, Commander Kasner, and Assistant Chief Padilla participated in “Hands Up Don’t Shoot” dialog with Police at Green River Community College, put on by their Black Student Union. Johnetta Rowsey has affiliation with this group and sits on their board. Officer Graff joined in to recruit and Dana Ralph was also in attendance. o On January 19, an officer took a Tahoe and participated in Kent School District’s Technology Expo so kids and families could see the vehicle, climb in it and have their photo taken. Page 7 of 11 o Officer Strong conducted another popcorn event with Emerald Park Elementary. He has done this several times over the course of this rotation and it is appreciated by the school. o Sergeant Matthew Stansfield received the Chief’s Award for Professional Excellence for his comprehensive overhaul of the Patrol Division’s Standard Operating Procedures (SOP). This project took over five months and about 100 hours. o Sergeant Andy Grove and Officer Matt Wheeler received Lifesaving Medals for their quick actions providing medical aid to a shooting victim at the Cottonwood Apartments. Sergeant Grove also received the Chief’s Award of Exceptional Duty in this event for doing an excellent job of managing troops, moving them into a dangerous situation to save a life, and then excellent direction for treatment and hand off to medics. Officer Matt Murphy also received a letter of Commendation for his participating in saving the victim’s life. o Sergeant’s Grove and Clark, Officer’s Rausch, Gunderson, and Reeves all received letters of commendation for their performance during a high-stress situation, resulting in the apprehension of a violent felon. o Kent Police Officer’s Association “Of The Year” Awards were presented to:  Officer Matt Mullennix  Corrections Sergeant Pakeke Pisia  Civilian Jill Fuller o Officer Erin Bratlien, Justin Brown, Michael Medina, James Miller, and Jacob Reed were all sworn in at the January 17 Council meeting. PUBLIC WORKS • Design o S 224th St Project Phase 1 –Working with Corps and Tribe on Corps permit. Advertisement contingent on receipt of Corps permit. o S 224th St Project Phase 2 – 30% design and ROW plans are being prepared. Jorgenson property closed December 30, 2016. o S 228th UP Grade Separation and (228th Bikeway) – Refined settlement analysis completed and confirmed assumptions. Working to secure consultant to help determine pipe types and connections for underground utilities in high settlement areas. Request to KC Metro for low flow video inspection of sanitary sewer line. Coordinating with utilities (PSE/Century Link) on the joint utility trench design. Working to prepare separate contract for shaft installations. Negotiations with property owners continuing. Processed condemnation ordinance, approved by PWC on January 23. Notices sent to owners January 20. o 132nd Avenue Walking Path –Mobile Mapping work began late January, with data available late February. Appraisal work to be done in groups. First five properties staked and design has performed a walk-through and initial outreach to owners – discovered conflicts with septic system/drain fields and private memorial. Consultant began appraisals on five parcels which are anticipated early February. Revised Complete Street Ordinance memo, and resubmitted to ECD/Traffic for review. o 212th at 72nd Ave – Design work started. Complete Streets memo drafted and provided to ECD/Traffic for review. Updating design and construction schedules. Evaluating feasibility of Environmental’s request to include bio-swales. Coordinating with utilities for locates. Page 8 of 11 o James Street Pump Station Siding –Determining scope of work. Will be securing contract with consultant for the siding. o 277th St Auburn – Meeting with Auburn to discuss culvert and coordination – discrepancy between Kent as-built records and pothole information. o Naden Avenue/Willis Street Improvements –Met with traffic team to determine how this project and 4th/Willis roundabout connect. Further information is necessary from ECD prior to proceeding with design. • Survey o Land Survey Section  Frager Road Levee Wetland Flags – Collecting locations for wetland flags, on- going for the next couple of weeks  Lake Meridian Estates Drainage Topography – Map area of erosion for design repairs  South 240th Street Topography – Map area for new sidewalk design  108th & 208th Intersection Improvement Construction – On-going requests throughout project to support the contractor for location information  Salt Air Park Topography – Map existing park for new park design  Springwood Park Wetlands – Collected wetland flag locations on February 1  228th Grade Separation Shaft locations – Locate the proposed bridge shaft locations for potholing utilities  Write Upper Mill Creek Dam Temporary Construction Easement descriptions  Write 132nd Right of Way takes and Temporary Construction Easement descriptions  Write 228th Grade Separation Temporary Construction Easement descriptions  Determine Quiet Zone Railroad Boundaries  Write 224th Corridor Phase II Right of Way take descriptions o GIS Section  Private Development Infrastructure As-Builts  Transportation Sustainability Report Maps  Storm & Sewer Model Updates  Road Centerline Updates  Code Scripting for Enterprise System Upgrade • Construction o 72nd Ave Extension: The bridge deck pour is currently scheduled for February 7, weather permitting. Completion of the bridge deck pour will be followed by construction of the bridge’s barrier, sidewalk and handrail. Earthwork and utility installation will proceed in mid-February. o 2016 Asphalt Overlays: Reconstruction of some wheel chair ramps needed to meet American Disabilities Act (ADA) minimum requirements is underway and will continue for the following 2-3 weeks. o Kent Regional Trails Connector: The pedestrian crossing electrical system has taken place and is expected to be fully operational during the week of January 30 after activation of the power is completed by PSE. o 108th Ave SE & SE 208th St Intersection Improvements: This project is underway. Contract work will be performed in the daytime with daily closures of right-hand thru lanes on both 108th Ave SE and SE 208th St. As weather permits, demolition, storm, electrical and concrete work is proceeding on the South side of 208th Ave SE. Page 9 of 11 o Briscoe-Desimone Levee, Reach 1 Mitigation Planting: The contract planting is complete and the submittal for the temporary irrigation system installation is in review. Installation of the temp irrigation will take place upon receipt of final review. • Transportation o Councilmember Ralph and staff met with Representative Fye and WSDOT in Olympia to listen to discussion about the local match for the Gateway Projects (SR167 and SR 509). When the legislature passed the Connecting Washington Transportation Package, a $130 Million local match was included in the cost of the project. Meetings will be ongoing over the next few months. o Puget Sound Regional Council (PSRC) is updating the long range regional transportation plan, Transportation 2040. Regional Capacity Projects must be added to the list for consideration by the PSRC Board. Previously, all projects moved forward automatically. This time, all projects must be applied for and accepted by the PSRC board to be included. • Environmental o Surface Water Design Manual – The Ordinance was approved by the City Council on January 17 with 60-days following before enactment. We are coordinating training on new manual and Low Impact Development. o Upper Mill Creek Dam – Working with the Corps to get the wetland permit. Working on construction easements. Completing plans for Hydraulic Project Approval (HPA) and Dam Safety Permit. o Mill Creek Culverts at 76th Ave. S. – working with state legislators on funding proposal for culvert replacements and floodplain and fisheries improvements. o Lake Meridian Estates – Working to open plugged culverts and temporarily repair pipes in neighborhood. 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 Milwaukee II Levee – Transmitted scope of work for alternative analysis to Flood Control District and expected response by January 31. o Frager Road Levee – Working with GeoEngineers on draft Conditional Letter of Map Revision (CLOMR). Will be scheduling meeting with Tukwila to discuss potential downstream tie-in locations. o King County Flood Control District – Scheduling levee tour with new Executive Director, Michelle Clark. o Clark Springs Habitat Conservation Measures – County permits not needed, but King County Water and Land Resource Division (WLRD) has concerns about our design. Working on presentation with King County staff facilitator for Cedar River Council. o Landsburg Mine – Preparing for upcoming release of Cleanup Action Plan. o Reserve Silica – Preparing brief on newly discovered contamination issue near Clark Springs Watershed. Page 10 of 11 o Sanitary Sewer Code Revision – Preparing update to City Council on progress of implementing new code. o S. 240th St. Sidewalks, Riverview Blvd to Green River – Held kick-off meeting on January 25. o Downey Farmstead – Complete permit submittal to King County Department of Permitting and Environmental Review this week. o Meridian Valley Creek Restoration – working with Property Management on documents to be submitted to COE for reimbursal and project closure. o NPDES – Will be participating in DOE Workshops on next permit round over the next couple weeks. o Regional Salmon Habitat – representing Sound Cities on multi-watershed salmon habitat group at meeting discussing reorganization of the group to a more local level. • Streets: Street Maintenance crews will be focusing on sidewalks by continuing city sidewalk inventory and grinding sidewalks on James St. between 64th and 4th. In the core area, they are cleaning retaining walls and sidewalks on 208th. The Concrete crew will be doing prep work and pouring on West Valley between 216th and 212th. Vegetation crews will be doing tree removals at Murphy’s Landing and 203rd Short Plat. Fence repairs will be made at Cherrywood, Kingstone Tract C, Julie’s Addition and Lynden’s Place. The wetland maintenance crew will install a split rail at Cantera and regular maintenance at Erin Glade South. Sign crews will be doing their guard rail inspections and making sign repairs on 247th and 100th, 260th and 119th. Litter Crews continue to remove illegally mounted signs, picking up debris from the roadway and removing illegal dumping sites. • Water: Water Distribution staff are cleaning in the 222nd and 84th area, removing two butterfly valves and installing two gate valves on the 228th watermain and assisting the hydrants section with a hydrant post installation. Hydrants staff will be replacing a post, performing hydrant operations in the valley system, tearing down and rebuilding for a main cleaning at 108th and 242nd. Source and Supply crews are working on monthly station checks, January monthly reports and programming and installing the East Hill Well Human Machine Interface Monitor. • Utilities o Sewer: Crews will be cleaning wet wells and the easement at the Lindental pump station 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: NPDES crews will be pumping on 240th and 102nd, 262nd and Woodland Way, 72nd and 272nd. NPDES assessors will be on Meeker and 54th, Russell Rd and W Meeker St., and doing repairs on 249th and 38th, and 243rd and 41st. Crews will also be potholing, cleaning culverts and digging the ditches on 111th Ave SE. Page 11 of 11 • Fleet/Warehouse: The Radio shop continues work on programming radios, building new vehicles and prepping to move to the new Radio room. Fleet continues with repairs on two side arm mowers, installation of new cabinetry in Fleet, scheduled maintenance services and new vehicle set-ups. Warehouse is finalizing the Small Attractive Assets inventory, reordering any low or missing inventory and performing any needed repairs on small equipment. # # # This page intentionally left blank. EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) and (c) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT