HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 7/18/2017adccW15902
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
July 18, 2017
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KENT CITY COUNCIL AGENDAS
July 18, 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
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COUNCIL WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Space Planning Recommendations Julie Parascondola 50 min
Solid Waste Update Gina Hungerford & Staff 20 min
Street/Utility Construction Update Phil McConnell & Bill Thomas 20 min
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Proclamation for National Night Out
C. Proclamation for Diversity Employment Day
D. Appointments to the Land Use and Planning Board
E. Vila Real Neighborhood Council
F. Community Events
G. Public Safety Update
• Fireworks Update
H. Intergovernmental Reports
5. PUBLIC HEARING
A. Riverbend Golf Complex “Marquee on Meeker” Development Agreement
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.
7. CONSENT CALENDAR
A. Minutes of July 5, 2017, Workshop and Council Meeting – Approve
B. Payment of Bills - Approve
C. Appoint Paul Hintz to the Land Use and Planning Board – Confirm
D. Appoint Shane Amodei to the Land Use and Planning Board - Confirm
E. Resolution Recognizing the Vila Real Neighborhood Council – Adopt
F. Sound Transit Service Agreement - Project Review and Permitting -
Authorize
G. Mill Creek Side Channel Leber Homestead Property – Accept as Complete
8. OTHER BUSINESS
9. BIDS
A. 2017 Large Culvert and Channel Cleaning Project – West Meeker Street
to South 240th Street – Award
B. 2017 Large Culvert and Channel Cleaning Project – 64th Avenue South -
Award
C. South 212th Way Overlay Project – Award
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1-800-833-6388.
COUNCIL WORKSHOP
1) Space Planning Recommendations, Julie Parascondola
2) Solid Waste Update, Gina Hungerford & Staff
3) Street/Utility Construction Update, Phil McConnell & Bill Thomas
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
B) Proclamation for National Night Out
C) Proclamation for Diversity Employment Day
D) Appointments to the Land Use and Planning Board
E) Vila Real Neighborhood Council
F) Community Events
G) Public Safety Update
• Fireworks Update
H) Intergovernmental Reports
Agenda Item: Public Hearing – 5A_
TO: City Council
DATE: July 18, 2017
SUBJECT: Riverbend Golf Complex “Marquee on Meeker” Development Agreement
SUMMARY: This date has been set for the public hearing on the development
agreement reached between the city and FNW, Inc., for the development and
construction of the Riverbend Par 3/Marquee on Meeker project. The purpose of this
agreement is to lock in certain development conditions on the property so that both
the city and the developer can have certainty and predictability over the scope of
development, the regulations that will apply to the development, and the project’s
regulatory costs. Although FNW intends to begin construction in the late spring of
2018 and plans to complete both phases of the project within five years, this
development agreement will remain in effect for a ten year term, once signed by both
parties.
Pursuant to the state law that authorizes these agreements, the city is required to
hold a public hearing on the agreement before approving it. The purpose of this
hearing is to receive comments from the public on the proposed agreement.
Ben Wolters, Economic Development Director, and Tom Brubaker, City Attorney, will
introduce this topic, providing an overview of the project and of the key terms in the
agreement.
EXHIBITS: Development agreement and its attachments
RECOMMENDED BY: This public hearing is required by law
BUDGET IMPACTS: None
No council action is requested following the hearing.
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CITY OF KENT/MARQUEE ON MEEKER LLC
RIVERBEND GATEWAY PROJECT
DEVELOPMENT AGREEMENT
The City of Kent, a Washington municipal corporation (“City”), and MARQUEE ON
MEEKER, LLC, a Washington limited liability company (“Developer”), enter into the following
development agreement (“Agreement”) to govern the design, development, permitting, mitigation
of environmental impacts, and uses associated with the development of that certain proposed
development commonly known as the Riverbend Gateway Project (“Project”), through construction
of the buildings, infrastructure and related improvements. Developer and City are each a “Party”
and collectively the “Parties” to this Agreement.
Recitals
A. The City is a municipal corporation incorporated under the laws of the State of
Washington. The City has the authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens and thereby to control the use and development of the
Project.
B. This Agreement is authorized by RCW 36.70B.170 through .210 (the
“Development Agreement Statute”) and Kent City Code (KCC) Section 15.08.450. It addresses
Project development standards, which are defined in the Development Agreement Statute to
include, for example, impact fees, mitigation, design standards, phasing issues, review procedures,
vesting issues, and other appropriate development requirements. The Agreement is intended to
constitute a development agreement governed by the terms and conditions of the Development
Agreement Statute and applicable Washington law and to provide the City and Developer with
certainty as to the type of Project that will be built and the type of mitigation that will be provided. It
is also entered into under the City’s general police power and contracting authority and the City’s
State Environmental Policy Act (“SEPA”) mitigation authority.
C. The development standards in the Agreement will govern the Project for the term
of the Agreement as described herein. As authorized by state statute, the Agreement identifies the
adequacy under SEPA of the mitigation required by the City’s SEPA threshold determination on
the Project. The Agreement will not be approved until after a public hearing and approval by the
Kent City Council (“City Council”), and once approved by the City Council and executed by the
Parties, the Agreement will be recorded in the real property records of King County, Washington.
D. The Parties intend that this Agreement identify and address all known significant
regulatory fees and mitigation that will be required for Developer to construct the Project
contemplated herein.
E. This Agreement is based upon the City’s police power, contracting power and other
authority, including the Development Agreement Statute and Washington law.
F. All Recitals and Attachments (1 thru 7) referenced in this Agreement are hereby
incorporated by reference and shall be considered as material terms of this Agreement.
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NOW THEREFORE, in consideration of the mutual benefits and agreements contained
herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Developer agree as follows:
1. Property. The Project is to be developed on that certain twenty (20) acre (approximately)
parcel of real property located generally at 2030 W. Meeker St., Kent, WA 98032 and legally
described on Attachment 1 (the “Property”). Developer has applied for, and City has approved for
recording, a short plat of the Property into five (5) parcels as described and depicted in the short plat
application set forth as Attachment 2.
2. Project Description. The Project is a mixed-use retail/multi-family residential community.
The project will consist of approximately 492 residential apartment units together with certain
accessory uses, totaling approximately 12,000 square feet of commercial/retail. The residential units
will be contained in two podium style buildings and multiple three story urban style walk-up
buildings. The podium buildings are anticipated to have four levels of wood frame residential
construction over concrete podium decks containing approximately 6,000 SF of restaurant/retail
space including adjacent exterior lifestyle patios and approximately 240 stalls of parking. The urban
style, three-story buildings will, generally, be located so as to minimize the impact on the existing
natural character of the site along the river’s edge and pedestrian-bicycle pathway. These smaller
three-story buildings will maximize the potential to save the existing landscaping and view vistas
found near the shoreline. The site will also contain surface parking, presently anticipated for an
additional 510 stalls for a total of 750 stalls. The exact number of parking stalls will be determined at
the time of building permit(s) issuance. Developer intends to construct the Property in two (2)
phases (each a “Phase” herein). Each Phase shall comprise approximately one-half of the land area
of the Property and shall be developed with roughly half of the residential, commercial/retail and
accessory parking in each Phase. The entire Project is more fully described in Attachments 3 and 4
( which include conceptual plans and elevations submitted in response to the RFP for the Project
(Attachment 3) and the approved phasing plan (Attachment 4). It is Developer’s intent to develop
the Project in two phases consistent with the approved phasing plan set forth in Attachment 4,
provided that Developer, at Developer’s election, may elect to construct the entire Project in a single
Phase; provided, however, that notwithstanding anything to the contrary set forth herein, if the
Developer elects to develop the Project in two Phases, the first Phase construction shall in any event
include construction of on-site and off-site public and private mainline infrastructure, including
water, storm water, sanitary sewer utilities and traffic/pedestrian improvements for the entire Project
and “Meet Me on Meeker” improvements for the entire Project (i.e., both Phases). Nothing in this
Agreement is intended to approve, authorize or limit Developer’s ability to propose new or
additional development on the Property that would not qualify as a minor modification under this
Agreement, and any such new or additional development shall be consistent with then-applicable
municipal code, land use regulations and the City’s comprehensive plan and shall not be subject to
this Agreement except by written amendment to this Agreement executed by the Parties and
approved by the City Council as may be required.
3. Major Public Infrastructure. The required major public water, sewer, stormwater and
frontage infrastructure requirements are as shown and listed in Attachment 5 to this Agreement.
The Parties do not anticipate any additional major public water, sewer, stormwater or frontage
improvements beyond those set forth in Attachment 5 will be required for the Project as set forth
herein.
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4. Term of Agreement and Vesting. The Agreement and the legal requirements identified
in the Agreement shall govern the Project and any application required in connection therewith
filed within ten (10) years of the date of the Agreement. Any amendments or additions made to
the legal requirements identified in this Agreement during the term of the Agreement shall not
apply to or affect the Project, except as otherwise provided in this Agreement, or if other county,
state or federal laws preempt the City’s authority to vest regulations. The City reserves the
authority to impose new or different officially adopted regulations, only if, and to the extent
required by a serious threat to the public health and safety, as determined by the City Council after
notice and an opportunity to be heard has been provided to Developer unless the threat is so
immediate that notice is not practical in the short term, due to the imminent threat to public health
and safety.
5. Project Public Benefit. The Project as proposed will provide the following public benefits
to be included in the Project, as further defined by this Agreement. To the extent these public
benefits would not otherwise be required by local regulations or as an offset to local regulations,
they constitute additional consideration for the City entering into this Agreement:
(a) The City has proposed, but not yet adopted, new Meeker Street construction
standards intended to create a more urban, multi-modal arterial than currently established
by KCC regulations, i.e., its “Meet Me on Meeker” (MMOM) project. Current KCC
regulations would require the Project provide standard half-street improvements to Meeker
Street. Developer has elected to construct its Meeker Street frontage substantially in
conformance with the proposed MMOM standards in exchange for a partial credit against
the City’s Transportation Impact Fees (TIF) for the Project. Once completed, the Parties
expect that the Project will be a catalyst for change in the MMOM project area and will
provide enhanced access to surrounding commercial uses.
(b) For so long as the Project remains either substantially in the layout and configuration
of the approved final building permits or substantially in the same land uses, Developer
shall be solely responsible to maintain the Project’s MMOM frontage improvements from
the back of the new Meeker Street curbline to the Property line and the parking and public
area edges, plus crosswalk medians within the adjacent Meeker Street right-of-way.
(c) Developer shall upgrade the required public access to Green River Trail (upgraded
paving materials and adjacent landscaping used within the courtyard area located between
and directly adjacent to the X and Y podium buildings of the Project at the northerly
portion of the central trail connection), plus new vehicular access for maintenance vehicles
from the Project’s northwest parking lot to the Green River levee near the northwest corner
of the Property.
6. Project Mitigation and Fees. The Project is vested for the term of this Agreement to the
following fees, charges, policies, regulations, codes and development standards:
(a) Regulations and Policies. The Project is located in the GC-MU (General
Commercial-Mixed Use) zone. The City zoning, building, development regulations,
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standards, municipal code and ordinances, policies (including comprehensive plan
policies) governing land development in effect as of the date of the Agreement shall
govern the Project, except as otherwise set out in this Agreement.
(b) Retail Requirement. Developer has requested a departure from KCC
15.04.020, 15.04.030(2), 15.04.200, and 15.02.260, which require that at least five
percent (5%) of the gross floor area of a mixed-use development in the GC-MU zone
must be a permitted commercial/retail use. As currently proposed by Developer,
approximately 2.5% of the Project will consist of a commercial/retail use. The City has
determined that a public benefit of equal or greater value than that derived from
additional commercial/retail development meeting the 5% standard will be achieved by
instead including the following elements in the Project:
1. Construction and completion of all MMOM frontage improvements along the
Project’s entire frontage (i.e., all MMOM frontage improvements required for both
Phases of the Project) as part of the first Phase of Project development.
2. For so long as the Project remains either substantially in the layout and
configuration of the approved final building permits or substantially in the same land
uses, Developer shall be solely responsible to maintain the Project’s MMOM frontage
improvements from the back of the new Meeker Street curbline to the Property line and
the parking and public area edges, plus crosswalk medians within the adjacent Meeker
Street right-of-way. This perpetual maintenance obligation includes, without limitation,
maintenance of all landscaping, sidewalks, bicycle lanes, ADA ramps and improvements,
pavement, signage and street markings, and crosswalk medians on Meeker Street which
shall be placed roughly at the mid-point of the Meeker Street frontage.
3. Developer shall construct, and for so long as the Project remains either
substantially in the layout and configuration of the approved final building permits or
substantially in the same land uses, shall maintain the required facilities providing public
access to the Green River Trail of a design and quality that exceeds KCC minimum
standards and visually enhances nearby public areas.
(c) Design and Development. The Project shall consist of the buildings and
structures, square footage, building stories and heights, and exterior and interior fit and
finish details as set out in Attachment 3, and Developer shall construct the Project in
conformance to the Attachment 3 designs and details, subject to modification only
through the City’s design review regulations. Subject to compliance with this obligation
by Developer, the Project will vest to the applicable design guidelines in effect as of the
date of this Agreement until the expiration of the term of this Agreement and as
permitted minor modifications as described in Section 10 below.
(d) Impact Fees. The Project is vested for the term of this Agreement to those
impact fees and charges described on Attachment 5. The applicable fees and charges
listed in Attachment 5 are due upon issuance of each Project building permit, subject to
applicable credits and adjustments, if any, as stated in this Agreement. The applicable
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fees shall comply with applicable KCC regulations in effect as of the date of this
Agreement and shall be calculated based on Chapter 12 of the Kent City Code.
(e) Substantive SEPA Policies. The substantive SEPA policies applicable to the
Project are those set forth in the City’s SEPA ordinance at Section 11.03.510 of the Kent
City Code in existence at the time of execution of the Agreement.
(f) Water and Sewer Utilities. Impact fees and charges as set forth in Attachment
5 include sewer and water system development charges relating to City-operated sewer
and water utilities (“SDC”) associated with permitting the Project, but not the monthly
utility rates (sewer, water, storm drainage, and solid waste). The Parties agree, for
mutual benefit, that individual domestic water services will be utilized for each building
within the Project in lieu of one master meter for the entire project. The City agrees that
an individual 6” meter would be the appropriate equivalent water meter for the project,
therefore a 6” system development charge will be the applicable charge for the Project
The system development charge for a 6” meter is $365,329.51. This fee shall be paid in
two equal payments, each payment being due at the time that Building Permits are issued
for the applicable Phase of the Project. The City agrees that the Project storm drainage
as per the Project designs and configuration approved hereunder may, at Developer’s
sole discretion, be directed, undetained, into the City’s stormwater facilities located
within the adjacent Meeker Street right of way. The storm drainage SDC is calculated to
be $0.88/s.f. of onsite impervious surface that drains into the City’s storm facilities.
The storm drainage SDC is calculated to be $0.44/s.f. for any infiltrated area that is
calculated to overflow into the City’s regional storm drainage system. In addition, the
Project shall be responsible for all sewer and storm water fees and charges, if any, for
non-City operated sewer and storm water facilities.
(g) Residential Targeted Area Designation. City has taken all necessary steps to
designate the Property as a “residential targeted area” pursuant to RCW 84.14.040, and
Developer is responsible for all required applications and other processes to qualify for
the tax exemptions available to it under RCW 84.14.040, otherwise known as the
“Multi-Family Tax Exemption.” The Developer intends to take advantage of the
Multi-Family Tax Exemption.
(h) Transportation Impact Fees.
1. Qualification of improvements for impact fee credit. The City agrees to
take all necessary steps to include the MMOM improvements, as currently designed and
anticipated by the Project and shown on Attachment 3 and on the City’s Transportation
Improvement Program/Capital Facilities Plan. Should the City fail to include the
MMOM improvements in the City’s Transportation Improvement Program/Capital
Facilities Plan, the City agrees that the Developer’s construction of the MMOM
improvements, as currently shown on Attachment 3, serves the goals and objectives of
the capital facilities plan and qualifies for impact fee credit under KCC 12.14.909 as
reflected in the impact fees due in Attachment 5.
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2. Impact fee credit calculation. The total Transportation Impact Fee (TIF)
due for the Project is $761,837.83, plus a one percent (1%) administrative fee.
Developer has agreed to construct the MMOM improvements as a public benefit. In
consideration of this public benefit, a portion of the cost of the MMOM improvements
shall be offset by a TIF credit in the amount of $500,000. Specifically, the City agrees
that the TIF credit of $500,000 is in consideration of the MMOM improvements that
would apply to reduce the cost of future construction of Project W-12 on the City’s
adopted TIF regulations.
(i) Dedications and Right-of-Way Street Use License. The Developer’s
construction of the MMOM frontage improvements, as depicted on Attachment 3, will
require the dedication of approximately 26,496 square feet of property within the Project
to the City of Kent for right-of-way purposes. The Developer agrees to dedicate this
property to the City. The Project will construct a parking area in a portion of the Meeker
Street right-of-way. The City agrees to grant a limited street use license to Developer in
the form attached as Attachment 6 for the life of the Project to allow the use of that
right-of-way area for such parking.
7. SEPA Compliance; Adequacy of Project Mitigation. The Project has undergone
environmental review pursuant to the State Environmental Policy Act (“SEPA”). A Mitigated
Determination of Nonsignificance for the Project was issued on June 30, 2017 and is attached hereto
as Attachment 8. No further SEPA mitigation will be required for the Project as agreed to herein.
Any modification to the Project may trigger additional SEPA review.
8. Concurrency. The parties agree the Project has met concurrency requirements per Chapter
12.11 of the Kent City Code. No further concurrency review will be required for development of
the Project as agreed to herein, however, modifications to the Project that require amendment of this
Agreement may trigger additional concurrency review.
9. Permit Review and Processing and Fees. Developer agrees to pay all permitting/review
fees established by the City. Fees will adjust over time and Developer agrees to pay the fees in place
at the time of application and/or permitting as applicable to each application or permit.
10. Minor Modifications. The Project will be subject to building permit review and other
applicable review processes. The final design of the buildings and other improvements, precise
location of building footprints, location of utilities, determination of access points, and other
design issues will be determined during that process. As part of the review process the City may
administratively approve minor modifications to the design and development standards set forth
herein pursuant to KCC regulations. The City reserves the right to require amendment of this
Agreement as a condition of approving any changes which it deems to be more than minor
modifications.
11. Stormwater Detention and Treatment. The Washington State Supreme Court has
determined that local stormwater codes, because they are mandated by state and federal law, are not
subject to state and local vesting regulations. The Washington State Supreme Court has also
indicated that vesting to local stormwater codes may still be allowed if provided under a statutory
development agreement. Accordingly, Project vesting to the City’s stormwater standards shall be
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governed by Washington law, including the Washington State Supreme Court’s decision in
Snohomish County, et al. v. Pollution Control Hearings Board and Washington State Department of
Ecology, et al., 187 Wn.2d 346, 386 P.3d 1064, 2016, and to the extent allowed by Washington law,
the Project will vest to the City’s 2002 Surface Water Design Manual for the term of this Agreement
unless the Washington legislature or Washington courts determine that developments do not vest to
local stormwater codes pursuant to a statutory development agreement.
12. Utility Charges. Developer will pay standard connection charges to the City’s utilities,
including all local general facility charges and regional connection charges, if any. Except as
provided in Section 6 above, the City shall not impose any additional fees, charges or requirements
to construct off-site utility infrastructure as part of the Project. However, Developer remains
responsible for all costs associated with alteration or extension of on-site utility infrastructure
necessary for the Project.
13. Construction of Documents. In the event there are any conflicts or ambiguities between
the terms of the body of this Agreement or the terms of the Attachments, the terms of the body of
this Agreement shall control.
14. Indemnification. Except as otherwise specifically provided elsewhere in this Agreement
and any exhibits hereto, each Party shall protect, defend, indemnify and hold harmless the other
Party and their officers, agents, and employees, or any of them, from and against any and all
claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which
are caused by or result from any negligent act or omission of the Party’s own officers, agents, and
employees in performing services pursuant to this Agreement. In the event that any suit based
upon such a claim, action, loss, or damage is brought against a Party, the Party whose sole
negligent actions or omissions gave rise to the claim shall defend the other Party at the
indemnifying Party’s sole cost and expense; and if final judgment be rendered against the other
Party and its officers, agents, and employees or be rendered jointly against the Parties and their
respective officers, agents, and employees, the Party whose sole negligent actions or omissions
gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence,
each Party shall indemnify and hold the other Party harmless only to the extent of the indemnifying
Party’s negligence, and in that instance each Party shall be responsible to pay all of its own legal
fees and costs. The indemnification to the City hereunder shall be for the benefit of the City as an
entity, and not for members of the general public.
15. Authority. Each signatory to this Agreement represents and warrants that he or she has
full power and authority to execute and deliver this Agreement on behalf of the Party for which he
or she is signing, and that he or she will defend and hold harmless the other Parties and signatories
from any claim that he or she was not fully authorized to execute this Agreement on behalf of the
person or entity for whom he or she signed. Upon proper execution and delivery, this Agreement
will have been duly entered into by the Parties, will constitute as against each Party a valid, legal
and binding obligation that shall run with the land, and will be enforceable against each Party in
accordance with the terms herein.
16. Easement for Public Pedestrian Trail. The Developer agrees to grant a permanent
easement for a public pedestrian trail from Meeker Street to the Green River Trail, in the form
attached as Attachment 7. The Parties agree and acknowledge that with regard to the portion of the
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public pedestrian trail or its access lying within the Property boundaries, Developer may impose
reasonable controls on uses of such portion of the public pedestrian trail that are likely to have an
adverse effect on the Project occupants/tenants reasonable enjoyment and use of the Project, so
long as such controls are consistent with City policies and guidelines for public trail use or as
otherwise approved or in effect by the City.
17. Recording/Binding Effect/Assignability. This Agreement shall be recorded in the real
property records of King County, Washington, as necessary to disclose this Agreement on title to
the Property. It is mutually agreed that the terms of this Agreement touch and concern the land and
shall be covenants running with the land. This Agreement shall run with the land as binding on the
Parties and their respective heirs, assigns, successors, legatees, representatives, receivers and
trustees and shall continue following the subdivision, lease or transfer of ownership of all or any
part of the Property during the term of this Agreement.
18. Agreement Consistency with RCW 82.02.020. The mitigation, payments and
dedications established by this Agreement are consistent with the requirements of RCW 82.02.020
and mitigate the direct impacts that have been identified as a consequence of the Project. Neither
Developer nor any assignee shall assert a claim against City asserting that (i) the City lacked a legal
basis for imposing the agreed-upon mitigation, payments or dedications; (ii) that the mitigation,
payments or dedications lacked sufficient nexus or proportionality with the identified impacts of the
Project; or (iii) that the mitigation, payments or dedications were greater than if they had been
calculated using alternate rationales or formulae.
19. Delays. If either Party is delayed in the performance of its obligations in this Agreement
due to Force Majeure, then performance of such obligation shall be excused for the period of
delay. The term Force Majeure as used herein shall mean extraordinary natural events or
conditions such as war, riot, labor disputes, or other causes beyond the reasonable control of the
obligated party. The City’s or Developer’s inability to fund, or decision not to fund, any of its
obligations shall not constitute an event of Force Majeure or otherwise be an acceptable reason for
delay.
20. Notices. All notices, requests, demands, and other communications called for or
contemplated by this Agreement shall be in writing, and shall be duly given by mailing the same
by certified mail, return receipt requested; or by delivering the same by hand, to the following
addresses, or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
To Seller:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Ben Wolters
Email: bwolters@kentwa.gov
With a copy to: Foster Pepper PLLC
1111 Third Avenue, Suite 3000
Seattle, WA 98101-3299
Attn: Beth Clark
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Email: beth.clark@foster.com
To Buyer:
Marquee on Meeker, LLC
c/o Landmark Development Group
2711 West Valley Highway NorthSuite 200
Auburn, WA 98001
Attn: Brett Jacobsen
Email: bjacobsen@fnw-inc.com
With a copy to: Marquee on Meeker, LLC
HAL Real Estate Inc.
2025 First Avenue, Suite 700
Seattle, WA 98121
Attn: Jonathan Manheim
Email: jmanheim@halrealestate.com
and:
Alston Courtnage & Bassetti LLP
1420 5th Avenue, Suite 3650
Seattle, WA 98101-4011
Attn: Tom Read
Email: tread@alcourt.com
Any Party hereto may change its address for the purpose of receiving notices as herein provided by
a written notice given in the manner aforesaid to the other Party hereto.
21. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Venue for any judicial action arising out of
or relating to this Agreement shall lie in King County Superior Court.
22. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms and
provisions of this Agreement are material.
23. Attorneys’ Fees. In any arbitration or judicial action to enforce or determine a Party’s
rights under this Agreement, each Party shall be responsible for payment of its own attorneys’ fees,
expert witness fees, and all other costs, if any.
24. No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the Parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
25. Severability. This Agreement does not violate any federal or state statute, rule, regulation
or common law known; but any provision which is found to be invalid or in violation of any
statute, rule, regulation or common law shall be considered null and void, with the remaining
provisions remaining viable and in effect.
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26. Final and Complete Agreement. This Agreement is integrated and together with the
MDNS for the Project constitutes the final and complete expression of the Parties on all subjects
relating to the development of the Project. This Agreement may not be modified, interpreted,
amended, waived or revoked orally, but only by a writing signed by all Parties. This Agreement
supersedes and replaces all prior agreements, discussions and representations on all subjects
discussed herein, without limitation. No Party is entering into this Agreement in reliance on any
oral or written promises, inducements, representations, understandings, interpretations or
agreements other than those contained in this Agreement and the exhibits hereto.
27. Recording; Assignment. The Agreement shall be recorded with the King County
Auditor/Recorder. This Agreement shall be a covenant running with the land and shall be binding
upon and inure to the benefit of the Parties and their successors in interest as described herein.
28. Modification. The Agreement may be modified only with the written agreement of
the City and MARQUEE ON MEEKER LLC and their successors and assigns.
29. Counterparts. This Agreement may be executed in counterparts each of which shall
be deemed an original.
(signatures follow)
- 11 -
51603836.4
Agreed this ____ day of , 20 .
CITY OF KENT DEVELOPER,
Mayor
Title:
Dated:
Dated:
ATTEST:
City Clerk
Print Name: Dated:
APPROVED AS TO FORM:
City Attorney
Print Name: Dated:
Attachments
Attachment 1 Legal Description of Property
Attachment 2 Short Plat Application
Attachment 3 Project Design ,Conceptual Plans, and Elevations
Attachment 4 Approved Project Phasing Plan
Attachment 5 Required Major Public Infrastructure (as per Section 3)/Impact Fees
(as per Section 6(d)
Attachment 6 Form of Limited Street Use License for parking in Meeker Street
Right-of-Way
Attachment 7 Form of Easement for Public Pedestrian Trail
Attachment 8 Copy of MDNS for the Project
- 12 -
51603836.4
STATE OF WASHINGTON )
) ss
COUNTY OF )
On this day of , 20 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared and
, to me known as the Mayor and City
Clerk, for the City of , the corporation who executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said City of , for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument on behalf of
said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
STATE OF WASHINGTON )
) ss:
COUNTY OF )
On this day of ___________, 20__, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
___________________________ and ___________________________ [on behalf of the
DEVELOPER], the person(s) who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
person(s), for the uses and purposes therein mentioned, and [if the DEVELOPER is a
corporation or other entity warranting authorized signatures] on oath stated that they are
authorized to execute said instrument on behalf of said DEVELOPER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
ATTACHMENT 1
51603836.4
ATTACHMENT 1
LEGAL DESCRIPTION OF THE PROPERTY
ATTACHMENT 2
51603836.4
ATTACHMENT 2
SHORT PLAT APPLICATION
(See Attached)
NAME OF SHORT PLAT:
APPLICATION NO:
ACTION OF SHORT PLAT COMMITTEE:
NUMBER OF LOTS APPROVED:
ACTION DATE:
EXPIRATION DATE:
PLANNER:
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Matt Gilbert, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S
Kent, WA 98032-5895
RIVERBEND SHORT PLAT
SP-20L7 -1 ; KIVA #RPSS-217022L
APPROVAL WITH CONDITIONS
EIGHT LOTS
MAY 4t 2OL7
MAY 4,2021
JASON GARNHAM
KENT
WASHINGToN
MEMO TO:
PRELIMINARY SHORT SU BDIVISION APPROVAL
May 4,2OL7
Brett Jacobsen
II 2
The city has determined
safety and general wel
lands and habitat; pota
that appropriate provisions have been made for the public health,
fare of the community; protection of environmentally sensitive
ble water supplies, sanitary wastes, and other public utilities and
services; drainage ways; and the connectivity of streets, roads, sidewalks and pedestrian
pathways within and between subdivisions and neighborhoods,
The city has considered all other relevant facts of this application and has determined that
the physical site characteristics are suitable for platting. The city has determined that the
public use and interest will be served by the platting of the short subdivision subject to
the following conditions of approval.
Staff recommends approval of the Kent Acre Short Plat #SP-2016-2 with the following
conditions. These conditions shall be in addition to any other conditions imposed by the
Short Plat Committee.
A. Prior to Recording this Short Subdivision:
1. The subdivider shall pay all known Charges in Lieu of Assessments and/or
Latecomer Fees, if any.
ATTACHMENT 2
Approval Memo
Riverbend Short Plat
SP-2017-1; KIVA #RPSS -2170221
2
3
The appl¡cant shall demonstrate that adequate water supply will
available to provide the utility and fire suppression needs for
proposed development,
be
any
The applicant shall submit a final short plat map and conceptual
development plans showing the following details:
a) The Green River Trail and its vicinity placed in a separate tract,
parcel, or easement that clearly expresses the right and
responsibility for accessing and maintaining the facility and its
environs by the City of Kent Parks and Recreation Department and
for recreational use of the facility by the public.
b) The levee and its future 500-year flood protection level placed in a
separate tract, parcel, or easement that clearly expresses the right
and responsibility for accessing, constructing, and maintaining it by
the City of Kent Public Works Department and the King County Flood
Control District.
B. Prior to the issuance of a Building Permit on anv lot in this short
subdivision, the owner/subdivider shall:
1. Establish the necessary property rights to construct improvements on Lots1-5 of the proposed short plat as contemplated in City-approved
construction plans.
Record the short plat.
submit and receive city approval of street Improvement Plans for west
Meeker Street as discussed in Section I.I, above, and as detailed in a
binding development agreement or as approved by the City of Kent public
Works Department.
Submit and receive City approval of plans for the onsite water, sewer, and
stormwater utilities, access driveways, recreation facilities, grading,
erosion control, paving, landscaping, and other site improvements,
consistent with Kent City Code and Kent Design and Construction
Standards or as established in a binding development agreement.
The applicant shall pay all transportation impact fees, school impact fees,
parks mitigation fees, Storm Water Utility connection fees, and any other
mitigation fees applicable by code or as detailed in a binding development
agreement.
Prior to Citv acceotance of public infrastructure improvements, the
developer/ subdivider shall dedicate the required right-of-wav and
grant the oublic and private easements, covenants, and agreements
for any constructed public improvements.
2
3
4
5
c
Page 2 of 3
Approval Memo
Riverbend Short Plat
SP-2017 -t ; KIVA #RPSS -217 0221
RECORDING
The above conditions must be met before the short plat can be finalized and recorded,
Please refer to City of Kent Final Short Subdivision Application, The short plat does not
become effective unt¡l such time it is recorded with the King County Auditor's Office. You
have forty-eight months in which to do this. If the short plat is not recorded within forty-
eight months of the above date of approval, it shall become null and void.
APPEAL OF SHORT SUBDTVTSTON COMMITTEE DECTSTON (KCC 12.O4,19O)
The decision of the shott subdivision committee shall be final, unless an appeal by a party
of record is made to the hearing examiner within fourteen (14) calendar days after the
short subdivision committee's decision. The appeal shall be in writing and shall be
processed pursuant to chapter 2.32 and 12,01 KCC.
The decision of the hearing examiner shall represent final action of the city and is
appealable only to the superior court. Such appeal must be filed with the superior court
withi twenty-one (21) calendar days from the date the decision was issued.
lv\Rv to, z-ol1
Matt Gilbert, AICP, Current Planning Manager
Chair, Shoft Subdivision Committee
JG:as\S;\Permit\Plan\shortplats\2017\2170221sp-approval-Riverbend Short Plat.doc
cc: Matt Gilbert, Planning
Sharon Clamp, Planning
Katie Graves, Planning
Kevin Varao, Fire Prevention
Brennan Taylor, Development Engineering Manager
Tom Brubaker, City Attorney
Brian Levenhagen, Parks and Planning
Jack Ottini, LUPB
Pete Peterson, Golf Operations Superintendent
Jessica Clawson, Contact
Brett Jacobsen, Applicant
John McKenna, Parties of Record
Riverbend Golf Task Force, Parties of Record
Riverbend Men's Club, Parties of Record
Riverbend Ladies Golf Association, Parties of Record
First Tee of Greater Seattle, Part¡es of Record
Douglass Youth Golf Club, Pafties of Record
Par 3 Golf Course, Parties of Record
Phil and May Ann Hopkins, Parties of Record
Helen Owens, Parties of Record
Date
Page 3 of 3
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Matt Gilbert, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
STAFF REPORT FOR
SHORT SUBDIVISION COMMITTEE
MEETING OF MAY 4, 2017
FILE NO: RIVERBEND SHORT PLAT
SP-2017-1; KIVA #RPSS-2170221
APPLICANT: Brett Jacobsen
FNW, Inc.
2711 West Valley Hwy N #200
Auburn, WA 98001
Jessica Clawson (Agent)
701 5th Ave, #6600
Seattle, WA 98104
jclawson@mhseattle.com
REQUEST: The applicant proposes to subdivide one 24-acre
parcel into eight separate lots. The City is in the
process of reviewing a proposed development whereby
the par 3 golf course and concessions building will be
removed and replaced with a mixed-use development.
The three new lots located at the eastern portion of
the site would continue to be owned by the City and
occupied by the current City park facility. This short
plat covers only platting of the property and does not
include any proposed development. The property is
zoned GC-MU, General Commercial - Mixed Use.
PLANNER: Jason Garnham
STAFF
RECOMMENDATION: Approval with conditions
I. FINDINGS OF FACT
A. The applicant proposes to subdivide one 24-acre parcel into eight
separate lots. The project is located at 2030 West Meeker St., and is
identified as King County parcel number 2322049011.
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 2 of 14
B. The subject property is currently owned by the City of Kent. The
western portion of the subject property is developed with a par 3 golf
course facility and a concessions building. The eastern portion of the
subject property is developed with a golf driving range facility, a mini
golf facility, and an accessory concessions and shelter building. It is
anticipated that the par 3 golf course and concessions building at the
western portion of the property will be demolished and replaced by a
mixed use development. The driving range, mini golf, and associated
shelter building will remain and continue to operate as a City park
facility.
C. Rezoning and subdivision of the property and sale of the Par 3 golf
course portion of the site as a City surplus property was evaluated by
the City through completion of a SEPA environmental checklist in 2014
(ENV-2014-22). A Determination of Nonsignificance was issued by the
City’s SEPA official on July 19, 2014. The Kent City Council voted to
approve the rezoning of the site in preparation for future surplus and
sale of the Par 3 golf course during the regularly scheduled meeting on
August 19, 2014. The short plat is a categorically exempt action under
SEPA, although the SEPA analysis for the property surplus and
rezoning of the site also contemplated an eight-lot short plat. Future
development as well as any development agreement will undergo a
separate SEPA analysis
D. The property is zoned GC-MU, General Commercial – Mixed Use. The
GC-MU zoning district allows residential uses when located within a
mixed use development and has a required minimum lot area of
10,000 square feet. The proposed short subdivision complies with the
minimum lot area requirements as follows:
Lot # Area (S.F.)
1 80,667
2 512,115
3 76,002
4 344,667
5 104,272
6 320,788
7 35,487
8 95,924
E. The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of the
ordinary high water mark of the Green River are within shoreline
jurisdiction. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program.
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 3 of 14
The shoreline environmental designation of the portions of the site that
are within shoreline jurisdiction is Urban Conservancy – Open Space.
The purpose of the Urban Conservancy – Open Space environment is
to protect and restore ecological functions in urban and developed
settings while allowing public access and a variety of park and
recreation uses. Subdivision of land is permitted within the Urban
Conservancy – Open Space shoreline environment only where it is
determined by the City to be for a public purpose.
Conceptual development plans submitted with the short plat
application demonstrate that development of the proposed lots in
accordance with the shoreline master program regulations is feasible.
All of the lots in the proposed short plat contain substantial
developable area that is more than 200 feet from the OHWM of the
Green River and, thus, outside of the shoreline jurisdiction. Any
facilities to be developed within the shoreline area shall be in
accordance with the shoreline master program.
Review and approval of a Shoreline Substantial Development Permit
application will be required prior to construction of any improvements
within the shoreline jurisdiction area.
F. The City of Kent GMA Comprehensive Plan Land Use Map designates
the property as MU Mixed Use. The MU designation allows retail, office,
and multifamily residential uses together in the same area, provided
that residential development must be a component of a retail or office
development. The zoning designation and the Comprehensive Plan
designation are consistent.
G. As required by KCC 15.09.046, development on the proposed lots is
subject to downtown design review and will require submittal and
approval by the City of a Downtown Design Review application.
H. Development on the proposed lots is subject to the lot coverage
limitations and the front, side, and rear yard setbacks required by KCC
15.04.200 for the GC-MU zoning district.
I. A King County Metro bus stop serving four bus routes is located
adjacent to the property on Meeker St. Relocation or construction of
improvements such as an ADA landing pad extension and a concrete
shelter foundation may be required in conjunction with adjacent right-
of-way improvements. Coordination with King County Metro staff will
be required during civil construction permit review.
J. Primary access from the five newly created lots is anticipated to be
from new private driveways connecting to West Meeker St. at two new
access points. West Meeker Street is classified as a Minor Arterial in
the City of Kent Transportation Master Plan. The existing access to the
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 4 of 14
Colony Park Apartments from W. Meeker St. will remain within its
existing easement across the proposed Lot 5. Lots 6, 7, and 8 will
remain as currently developed City of Kent Parks and Recreation
facilities and continue to access West Meeker St. via existing
driveways.
K. The existing asphalt pavement section of the adjacent portions of West
Meeker St may be inadequate to provide an expected 20-year service
life and may be in need of an asphalt overlay/rebuild in order to
maintain an acceptable level of service while accommodating the
increased volume of trips being generated by this proposal. The
adjacent section of West Meeker St is not constructed to current
design standards. The developer may be required to overlay/
reconstruct the pavement along this frontage to provide a 20 year
service life as required by the Design and Construction Standards.
L. The City of Kent is currently establishing revised design standards for
the West Meeker Street corridor that seek to promote a broader mix
and higher intensity of land uses and improve safety and
attractiveness for pedestrians along the portions of West Meeker
Street between the Green River and downtown Kent. While these
standards have not yet been finalized or adopted, the developer will be
required to install street improvements in the West Meeker St. right-
of-way adjacent to the development substantially in conformance with
these plans.
M. An existing multifamily residential development known as the Colony
Park Apartments is located within the site of the proposed short plat
and is identified as a separate King County Assessor parcel numbered
1699950000. The existing driveway access for the apartment complex
is located outside of the access easement area identified in the title
report provided by the applicant. Future relocation of the easement or
the access driveway shall be negotiated and agreed upon by the
applicant and the owners of the Colony Park Apartments.
N. The portion of the Green River Trail located on the subject site is a
public recreation facility that is currently owned and maintained by the
City of Kent Parks and Recreation Department. Plans submitted with
the preliminary short plat application show this portion of the Green
River Trail to be in private ownership where it lies within the proposed
Lots 2, 4, and 5. City of Kent Parks and Recreation Department staff
requested that the Green River Trail and its vicinity be placed in a
separate Tract to establish clear City ownership of and public access to
this recreation facility.
O. Portions of the Green River levee, a City of Kent facility designed and
constructed to minimize flooding of developed areas by the Green
River, are located on the subject site. The City of Kent Public Works
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 5 of 14
department is responsible for maintaining the levee in cooperation
with the King County Flood Control District. Kent Public Works staff
stated that portions of the levee located on the subject site will be
raised to a 500-year flood protection level at an undetermined time in
the future, and requested that the levee and its vicinity be placed in a
separate tract or easement establishing City rights to or reserving City
ownership of the levee and its vicinity to access, maintain, or
reconstruct the levee.
P. A water capacity analysis conducted by PACE engineering, consultants
for the City of Kent, found that the existing water supply may be
inadequate to serve the anticipated mixed use development. Provision
of water supplies that are adequate for fire suppression and the needs
of any development of the site shall be demonstrated prior to final
short plat approval.
Q. The following departments and agencies were notified of this short
subdivision application:
City Departments/Agencies
Public Works Department
Fire Department
Parks and Recreation Department
Economic Development
City Attorney
City Clerk
Police Department
Law Department
Other Agencies
Puget Sound Energy
CenturyLink
King County Environmental Health
Public Health Seattle/King County
King County Wastewater Division
Kent School District
U. S. Postal Service
King County Transit Division
Washington State Department of Ecology
State Office of Archaeology & Historic Preservation
Muckleshoot Tribe
Duwamish Tribe
U.S. Army Corps of Engineers
Washington Department of Fish and Wildlife
Washington State Department of Transportation
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 6 of 14
Parties of Record affiliated with the Riverbend Golf Course and
associated organizations:
RIVERBEND GOLF TASK FORCE:
Michael Johnson, mwgolfjohnson@aol.com
Brayden Siems, Brayden.seims@gmail.com
Mary Ryan, marypatryan@comcast.net
Pete Petersen, rpetersen@kentwa.gov
Riverbend Mens Club:
David Fairbairn, uspslc18@comcast.net
Brian Boyle, Brian.boyle@dcgone.com
Paul Lucien, paulgolf72@msn.com
Riverbend Ladies Golf Association:
Kathy Kay, golf4two@comcast.net
June Secreto, rjsecreto@comcast.net
First Tee of Greater Seattle:
Evan Johnsen, evan@thefirstteeseattle.org
Jared Myers, jaredmmyers@comcast.net
Douglass Youth Golf Club:
Larry Tukes, L.tukes@comcast.net
Par 3 Golf Course:
Ed James, ed.james@comcast.net
In addition, property owners within 200 feet of the proposed short plat
were notified of the proposal via the official Notice of Application,
which was mailed, published and posted on the site on January 27,
2017.
Verbal comments were received from Mary Ann Hopkins, resident and
property manager of the Colony Park Apartments located between lots
4 and 5 of the proposed short plat. Mrs. Hopkins expressed concern
about the visual impacts from development and the potential impacts
on privacy and security for residents of Colony Park Apartments. She
also expressed concern that development might lead to an increase in
traffic on West Meeker St, and that the number of drivers using the
Colony Park Apartments driveway might also increase.
Any proposed development will be required to provide perimeter and
parking lot landscaping and fencing meeting the requirements of KCC
15.07 and the Downtown Design Guidelines, which will minimize the
visual and privacy impacts to the Colony Park Apartments residents of
development. Retention of the existing mature trees located along the
western perimeter of the Colony Park Apartments property would
further buffer development from existing residents.
Closure of the existing access between the par 3 golf course
concessions building and the Colony Park Apartments driveway and
adding new access points to connect West Meeker St with any
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 7 of 14
proposed development would limit the number of drivers using the
Colony Park Apartments driveway. Frontage landscaping, signage, and
roadway improvements would demarcate any new development and
prevent confusion for drivers entering the site.
R. As required by Section 12.04.180 KCC the City shall not approve a
short subdivision unless the appropriate provisions have been made
for the following areas:
1. Public health, safety and general welfare of the community:
As proposed, the public health, safety, and general welfare of
the community are protected and provided for by compliance
with all relevant development regulations pertaining to this
application for a short subdivision. By implementation of all
required development regulations, the applicant for any
development will provide a safe, orderly and beneficial
development.
Development on the proposed lots as shown on the conceptual
plans provided with the short plat application will have
incremental impacts on public facilities and services. The
applicant for any development on these lots will be required to
pay all transportation impact fees, school impact fees, parks
mitigation fees, Storm Water Utility connection fees, and any
other mitigation fees applicable by code or as detailed in a
binding development agreement.
2. Protection of environmentally sensitive lands and habitat:
Portions of the proposed short plat are adjacent to the Green
River and are within the Shoreline Master Program jurisdiction
area. Impacts to the Green River and shoreline area are
anticipated to be minimal, as conceptual development plans
provided with the preliminary short plat application show the
anticipated buildings, streets, and parking areas to be located
more than 200 feet from the ordinary high water mark of the
Green River, outside of the shoreline jurisdiction area and
landward of the Green River levee, which was reconstructed in
2008. The conceptual development plans that the applicant
submitted with the short plat application show construction of
trails and associated parking areas connecting development and
the public sidewalk on W. Meeker St. to the Green River Trail
within the shoreline jurisdiction area. Any such improvements
shall be designed and constructed in accordance with the
Shoreline Master Program and will require City review and
approval of a Shoreline Substantial Development Permit.
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 8 of 14
3. Potable water supplies:
The owner/subdivider will be responsible for providing potable
water to development on Lots 1-4 and any future development
on Lot 5. This will require the abatement of any wells located
on the site in accordance with Department of Ecology standard
procedures. The site is served by Kent Public Works and water is
available to serve the new development. Lots 6, 7, and 8 are
already developed with City of Kent parks facilities, for which
adequate water is already provided.
4. Sanitary wastes:
The owner/subdivider will be responsible for providing public
sewer to development on newly created lots 1-4 and any future
development on Lot 5. Any existing septic systems shall be
abandoned in accordance with King County Health Department
regulations. Sanitary sewer is available to the site via
connection to the King County Metro sewer trunk line. An
extension of a City sewer main connecting to the King County
Metro sewer main will be required for development plan
approval. Lots 6, 7, and 8 are already developed with City of
Kent parks facilities, for which adequate sewer service is already
provided.
5. Other public utilities and services as deemed necessary:
The owner/subdivider shall be responsible for providing
electricity, natural gas, telephone, cable and other applicable
utilities and services to development on newly created Lots 1-4
and any future development on Lot 5. The applicant is
responsible for contacting each agency separately for more
information. Lots 6, 7, and 8 are already developed with City of
Kent parks facilities, for which adequate utilities and services
are already provided.
Water supply may be inadequate to provide required fire
suppression. The applicant shall demonstrate that adequate fire
flow will be available to serve any proposed development on the
site per the applicable fire codes. This analysis will be provided
in conjunction with review of civil construction permits.
6. Drainageways and stormwater detention:
Surface water runoff from the site drains to the Green River
Natural Resources Area, an existing City regional stormwater
facility which will provide flow control and water quality
treatment from the development of lots 1-5 as shown on the
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 9 of 14
conceptual development plans submitted with the preliminary
short plat application. A downstream analysis conducted by
Anchor Environmental Consultants concluded that the
downstream conveyance systems north of West Meeker Street
have the capacity to receive the runoff that is anticipated from
the development shown on the conceptual plans submitted with
the preliminary short plat application. Detention and filtration of
stormwater on-site may be required due to the limited capacity
of conveyance facilities located along West Meeker Street.
Roof downspouts for each roofed structure (house, garage,
carport, etc.) will be diverted to a Roof Downspout Control
meeting the requirements of Section 5.1 of the 1998 Surface
Water Design Manual or as directed by the City’s Development
Review Manager. These roof downspout controls shall include
overflow pipes connected to an approved stormwater flow
control facility, or a dispersion system if no formal flow control
facility exists or is required.
7. Community parks and recreation; neighborhood tot lots and
play areas:
Kent City Code section 12.04.060 requires development of
onsite recreation space or payment of a fee in lieu of
development of recreation space within all subdivisions located
in single-family residential zones to mitigate the impacts of new
development upon existing parks and recreation facilities. The
proposed short plat is located in a GC-MU general commercial –
mixed use zoning district, which is not a single family zoning
district. Therefore, this requirement shall not apply to this short
plat.
The Green River Trail is an existing City of Kent Parks and
Recreation facility. Those portions of the Green River Trail
located on the proposed Lots 1-5 shall remain a City-owned and
maintained public facility. Recording of an easement or creation
of a separate tract establishing City rights to or reserving City
ownership of the Green River Trail will be required prior to
recordation of the short plat or prior to issuance of permits for
construction. The conceptual development plans that the
applicant submitted with the preliminary short plat application
show three new pedestrian and bicycle trail facilities connecting
the development and the sidewalk on West Meeker St to the
Green River Trail.
8. Schools and school grounds:
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 10 of 14
The subject property is within the boundaries of the Kent School
District. Pursuant to Kent City Code Section 12.13, a school
impact fee will be collected for each residential unit within any
development. School impact fees are assessed upon submittal of
building construction permits for each building, to be collected
upon permit issuance.
9. Transit stops:
The vicinity of the project site is currently served by the King
County Department of Metropolitan Services (METRO). The
nearest bus stop is located on W. Meeker St, immediately
adjacent to the northern portion of the subject property. The
applicant shall coordinate with King County Metro to determine
if improvements are needed to the existing bus stop such as an
ADA landing pad extension behind the sidewalk and/or a
concrete shelter foundation for Metro’s installation of an official
Metro bus shelter. If any of the improvements requested by
Metro are to be constructed, construction plans shall show these
improvements, and the applicant for development shall
construct the improvements in conjunction with any civil
construction permit.
10. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other features that assure safe
walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from
schools, parks, transit stops and other neighborhood services:
The existing sidewalk along the property’s frontage on the south
side of West Meeker St shall be removed along the proposed
Lots 1-5 and replaced with a multi-use path, providing
pedestrian connectivity for Lots 1-5 along the south side of West
Meeker Street. The existing sidewalk on the south side of W.
Meeker St. located along the proposed Lots 6-8 will continue to
provide pedestrian connectivity for the three eastern lots of the
proposed short plat and the existing City of Kent Parks and
Recreation facilities. Development of new trail connections to
the Green River Trail would provide additional connectivity and
safety for bicyclists and pedestrians.
11. Connectivity of streets, alleyways and other private and public
ways for vehicular and pedestrian circulation and access in and
between subdivision and neighborhoods, where feasible:
New development shall provide access to West Meeker St. per
City Design and Construction Standards at the time of
development plan review. Further connectivity to other public
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 11 of 14
streets is infeasible because the site of the proposed
development is bound on the west and south by the Green River
and bound on the east by the Colony Park Apartments
development.
Proposed Lot 4 does not have direct access to West Meeker St.
Access easements or tracts providing connectivity for all lots in
accordance with City Design and Construction Standards shall
be shown on plans for final short plat approval.
12. Building lots and street access configured to support the
construction of homes with diminished garage doors such that
no less than fifty (50) percent of the new lots will support
construction of and access to a garage in the rear portion of the
lot accessed via a common driveway between lots; or a side
access garage; or a garage accessed via a rear alley; or a
garage setback no less than ten (10) feet from the front façade
of the home; or other design strategies which similarly diminish
the prominence of the garage and are approved by the planning
manager:
Development on the proposed lots is subject to the development
standards for mixed use development in GC-MU zoning districts,
and is also subject to Downtown Design Review per KCC
15.09.046. The diminished garage requirement applies only to
single family residences.
13. Landscape buffering along all frontage streets of the subdivision
that do not provide the new lots with direct vehicular access:
A minimum of five feet of Type III landscaping is required along
the perimeter of properties in GC zoning districts along the
frontage of an abutting street. Development shall also comply
with other landscaping requirements of Kent City Code and the
Downtown Design Guidelines.
Lots numbered 6, 7, and 8 are proposed to remain in City of
Kent Parks and Recreation Department ownership. Lots 6 and 7
will remain developed in their present condition and continue to
operate as golf driving range, mini golf, and concessions
facilities. Lot 8 is proposed to remain vacant and undeveloped.
Perimeter landscaping as required by Kent City Code will be
provided at the time of future development of this property prior
to issuance of construction permits.
II. CONCLUSIONS
The City of Kent has reviewed the Riverbend Short Plat #SP-2017-1 and
concludes the following:
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 12 of 14
A. Zoning Code Compliance
All lots comply with the minimum lot size requirements, and other
regulations pursuant to the GC-MU General Commercial – Mixed Use
zoning district.
B. Subdivision Code Compliance
Section 12.04.180 of the Kent Subdivision Code sets forth criteria for
approval of a short subdivision. Based on the findings of fact detailed
in Section I and in conjunction with the conditions specified in Section
III, the application will conform to the criteria set forth in Section
12.04.180 KCC and RCW 58.17.
C. State of Washington Growth Management Act
Compliance with City of Kent's 'Public Works Ordinance' and the State
of Washington's Growth Management Act will require concurrent
improvements or the execution of binding agreements by the
owner/subdivider with the City of Kent, for participation in future
public improvement projects of roadways, pedestrian and bicycle
circulation systems, intersection and intersection traffic signals,
stormwater detention, stormwater treatment, and stormwater
conveyance, utility, sanitary sewage, and domestic potable water
systems.
Additional incremental, but cumulatively significant, impacts will be
created to stormwater quantity, stormwater quality, stormwater
detention and conveyance facilities, utility transmission facilities,
sanitary sewage and domestic potable water conveyance systems.
D. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant
to the Growth Management Act (Ordinance #4163 dated September
2015). The goals and policies of the Comprehensive Plan represent an
expression of community intentions and aspirations concerning the
future of Kent and the area within the potential annexation area. The
Comprehensive Plan is used by the Mayor, City Council, Land Use and
Planning Board, Hearing Examiner and City departments to guide
decision-making relative to development and capital facility spending.
The proposed short plat is located near existing urban services and
infrastructure. The City supports the development of close-in vacant or
underdeveloped properties which limits further urban sprawl on the
edges of the planning area. In addition, in-fill development provides a
more efficient means of providing services and enhancing pedestrian
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 13 of 14
mobility. Also, one of the objectives of the Comprehensive Plan is to
provide a wide variety of housing types and opportunities to
accommodate projected population growth without converting single
family lands to multifamily residential. Development of a mix of
commercial and residential uses on general commercial mixed use
zoned land is consistent with this objective.
E. Shoreline Master Program
Land subdivision is permitted within the Urban Conservancy-Open
Space shoreline designation where the City determines that it is for a
public purpose. Portions of the proposed short plat are adjacent to the
Green River and are within the Shoreline Master Program jurisdiction
area. The Kent City Council voted to approve the surplus of the
property and rezoning of the site by adopting Ordinance 4120 during
its regularly scheduled meeting on August 19, 2014. The City proposes
to use the proceeds of the sale of the par 3 course to supplement or
add value to the 18-hole Riverbend course, which is a public course.
Additionally, a condition of approval of this preliminary short plat
requires recording of an easement or creation of a separate tract or
parcel establishing City rights to or reserving City ownership of the
Green River Trail.
The applicant will be required to submit and receive City approval of a
Shoreline Substantial Development permit application complying with
the requirements of the City of Kent Shoreline Master Program for any
development proposed within 200 feet of the ordinary high water mark
of the Green River.
III. DECISION
Staff recommends approval of the Riverbend Short Plat #SP-2017-1 with the
following conditions. These conditions shall be in addition to any other
conditions imposed by the Short Plat Committee.
A. Prior to Recording this Short Subdivision:
1. The subdivider shall pay all known Charges in Lieu of Assessments
and/or Latecomer Fees, if any.
2. The applicant shall demonstrate that adequate water supply will be
available to provide the utility and fire suppression needs for any
proposed development.
3. The applicant shall submit a final short plat map and conceptual
development plans showing the following details:
a) The Green River Trail and its vicinity placed in a separate
tract, parcel, or easement that clearly expresses the right and
responsibility for accessing and maintaining the facility and its
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
Page 14 of 14
environs by the City of Kent Parks and Recreation Department
and for recreational use of the facility by the public.
b) The levee and its future 500-year flood protection level placed
in a separate tract, parcel, or easement that clearly expresses
the right and responsibility for accessing, constructing, and
maintaining it by the City of Kent Public Works Department
and the King County Flood Control District.
B. Prior to the issuance of a Construction Permit on any lot in this short
subdivision, the subdivider shall:
1. Establish the necessary property rights to construct improvements
on Lots 1-5 of the proposed short plat as contemplated in City-
approved construction plans.
2. Record the short plat.
3. Submit and receive City approval of Street Improvement Plans for
West Meeker Street as discussed in Section I.I, above, and as
detailed in a binding development agreement or as approved by the
City of Kent Public Works Department.
4. Submit and receive City approval of plans for the onsite water,
sewer, and stormwater utilities, access driveways, recreation
facilities, grading, erosion control, paving, landscaping, and other
site improvements, consistent with Kent City Code and Kent Design
and Construction Standards or as established in a binding
development agreement.
5. The applicant shall pay all transportation impact fees, school impact
fees, parks mitigation fees, Storm Water Utility connection fees,
and any other mitigation fees applicable by code or as detailed in a
binding development agreement.
C. Prior to City acceptance of public infrastructure improvements, the
developer/ subdivider shall dedicate the required right-of-way and
grant the public and private easements, covenants, and agreements
for any constructed public improvements.
KENT PLANNING SERVICES
May 4, 2017
JG\as\C:\Users\rogeb\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\R92ES45C\2170221_SP-2017-1_Riverbend_staffreport_final.doc
ATTACHMENT 3
51603836.4
ATTACHMENT 3
DESCRIPTION OF PROJECT
(including design review, conceptual plan and elevations)
(See Attached)
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:
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B
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M
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:
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,
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B
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-
C
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A
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T
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B
L
D
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.
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A.
B
U
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L
D
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N
G
C
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N
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P
T
:
1.
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R
C
H
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T
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C
T
U
R
A
L
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L
E
M
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N
T
S
(
b
)
B.
H
U
M
A
N
S
C
A
L
E
&
P
E
D
E
S
T
R
I
A
N
O
R
I
E
N
T
A
T
I
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N
:
1.
B
U
I
L
D
I
N
G
E
L
E
M
E
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T
S
(
c
,
d
,
h
,
i
,
k
,
l
)
C.
A
R
C
H
I
T
E
C
T
U
R
A
L
S
C
A
L
E
:
1.
S
C
A
L
E
O
F
L
A
R
G
E
B
U
I
L
D
I
N
G
S
(
b
,
c
,
d
,
f
)
D.
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
&
E
L
E
M
E
N
T
S
:
1.
A
P
P
R
O
P
R
I
A
T
E
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
a
,
c
,
e
)
2.
H
I
S
T
O
R
I
C
D
I
S
T
R
I
C
T
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
c
,
h
,
i
)
E.
M
A
T
E
R
I
A
L
S
&
C
O
L
O
R
S
:
2.
U
S
E
C
O
M
P
A
T
I
B
L
E
B
U
I
L
D
I
N
G
M
A
T
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R
I
A
L
S
(
c
,
d
)
3.
A
P
P
R
O
P
R
I
A
T
E
M
A
T
E
R
I
A
L
S
T
O
B
L
E
N
D
W
/
H
I
S
T
O
R
I
C
D
I
S
T
.
(
a
)
F.
B
L
A
N
K
W
A
L
L
S
:
1.
D
E
S
I
G
N
T
R
E
A
T
M
E
N
T
(
a
,
b
)
-
A
T
T
A
C
H
M
E
N
T
3
-
DR
A
F
T
P
E
N
D
I
N
G
P
E
R
M
I
T
R
E
V
I
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W
Ri
v
e
r
b
e
n
d
G
a
t
e
w
a
y
D
e
v
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l
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p
m
e
n
t
S
i
t
e
|
DE
S
I
G
N
R
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V
I
E
W
P
A
C
K
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T
|
A
P
R
I
L
5
,
2
0
1
7
El
e
v
a
t
i
o
n
s
:
P
o
d
i
u
m
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MA
X
A
L
L
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W
.
H
T
.
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MA
X
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L
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W
.
H
T
.
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V
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-
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B
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B
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B
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-
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B
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M
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T
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W
H
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M
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N
T
,
T
A
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BR
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CO
N
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D
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NO
T
E
:
B
L
D
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X
S
I
M
.
B1
A1
B1
B1
B1
B1
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C1
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A.
B
U
I
L
D
I
N
G
C
O
N
C
E
P
T
:
1.
A
R
C
H
I
T
E
C
T
U
R
A
L
E
L
E
M
E
N
T
S
(
b
)
B.
H
U
M
A
N
S
C
A
L
E
&
P
E
D
E
S
T
R
I
A
N
O
R
I
E
N
T
A
T
I
O
N
:
1.
B
U
I
L
D
I
N
G
E
L
E
M
E
N
T
S
(
c
,
d
,
h
,
i
,
k
,
l
)
C.
A
R
C
H
I
T
E
C
T
U
R
A
L
S
C
A
L
E
:
1.
S
C
A
L
E
O
F
L
A
R
G
E
B
U
I
L
D
I
N
G
S
(
b
,
c
,
d
,
f
)
D.
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
&
E
L
E
M
E
N
T
S
:
1.
A
P
P
R
O
P
R
I
A
T
E
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
a
,
c
,
e
)
2.
H
I
S
T
O
R
I
C
D
I
S
T
R
I
C
T
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
c
,
h
,
i
)
E.
M
A
T
E
R
I
A
L
S
&
C
O
L
O
R
S
:
2.
U
S
E
C
O
M
P
A
T
I
B
L
E
B
U
I
L
D
I
N
G
M
A
T
E
R
I
A
L
S
(
c
,
d
)
3.
A
P
P
R
O
P
R
I
A
T
E
M
A
T
E
R
I
A
L
S
T
O
B
L
E
N
D
W
/
H
I
S
T
O
R
I
C
D
I
S
T
.
(
a
)
F.
B
L
A
N
K
W
A
L
L
S
:
1.
D
E
S
I
G
N
T
R
E
A
T
M
E
N
T
(
a
,
b
)
-
A
T
T
A
C
H
M
E
N
T
3
-
DR
A
F
T
P
E
N
D
I
N
G
P
E
R
M
I
T
R
E
V
I
E
W
Ri
v
e
r
b
e
n
d
G
a
t
e
w
a
y
D
e
v
e
l
o
p
m
e
n
t
S
i
t
e
|
DE
S
I
G
N
R
E
V
I
E
W
P
A
C
K
E
T
|
A
P
R
I
L
5
,
2
0
1
7
El
e
v
a
t
i
o
n
s
:
P
o
d
i
u
m
20’-0”10’-0”
MA
X
A
L
L
O
W
.
H
T
.
10’-0”10’-0”10’-4”7’-8”
LE
V
E
L
1
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2
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-
0
”
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V
E
L
2
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2
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0
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L
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S
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V
E
L
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2
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-
0
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0’
10
’
20
’
40
’
FI
B
E
R
-
C
E
M
E
N
T
,
G
R
E
Y
FI
B
E
R
-
C
E
M
E
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T
,
B
R
O
W
N
FI
B
E
R
-
C
E
M
E
N
T
,
N
A
V
Y
FI
B
E
R
-
C
E
M
E
N
T
,
W
H
I
T
E
FI
B
E
R
-
C
E
M
E
N
T
,
T
A
U
P
E
BR
I
C
K
CO
N
C
R
E
T
E
WO
O
D
S
I
D
I
N
G
Y
NO
T
E
:
B
L
D
G
X
S
I
M
.
B1
B1
B1
B1
B1
B1
C1
C1
C1
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C1
D1
F1
F1
A.
B
U
I
L
D
I
N
G
C
O
N
C
E
P
T
:
1.
A
R
C
H
I
T
E
C
T
U
R
A
L
E
L
E
M
E
N
T
S
(
b
)
B.
H
U
M
A
N
S
C
A
L
E
&
P
E
D
E
S
T
R
I
A
N
O
R
I
E
N
T
A
T
I
O
N
:
1.
B
U
I
L
D
I
N
G
E
L
E
M
E
N
T
S
(
c
,
d
,
h
,
i
,
k
,
l
)
C.
A
R
C
H
I
T
E
C
T
U
R
A
L
S
C
A
L
E
:
1.
S
C
A
L
E
O
F
L
A
R
G
E
B
U
I
L
D
I
N
G
S
(
b
,
c
,
d
,
f
)
D.
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
&
E
L
E
M
E
N
T
S
:
1.
A
P
P
R
O
P
R
I
A
T
E
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
a
,
c
,
e
)
2.
H
I
S
T
O
R
I
C
D
I
S
T
R
I
C
T
B
U
I
L
D
I
N
G
D
E
T
A
I
L
S
(
c
,
h
,
i
)
E.
M
A
T
E
R
I
A
L
S
&
C
O
L
O
R
S
:
2.
U
S
E
C
O
M
P
A
T
I
B
L
E
B
U
I
L
D
I
N
G
M
A
T
E
R
I
A
L
S
(
c
,
d
)
3.
A
P
P
R
O
P
R
I
A
T
E
M
A
T
E
R
I
A
L
S
T
O
B
L
E
N
D
W
/
H
I
S
T
O
R
I
C
D
I
S
T
.
(
a
)
F.
B
L
A
N
K
W
A
L
L
S
:
1.
D
E
S
I
G
N
T
R
E
A
T
M
E
N
T
(
a
,
b
)
B1
A1
D1
D1 D2
E3
-
A
T
T
A
C
H
M
E
N
T
3
-
DR
A
F
T
P
E
N
D
I
N
G
P
E
R
M
I
T
R
E
V
I
E
W
W.
M
E
E
K
E
R
S
T
R
E
E
T
Si
t
e
D
e
s
i
g
n
A3
A3
A3
A4
A5
A5
B1
B2
B3
B3
B4
B4
B5
B5
B6
B6
B6
B7
B7
B7
B7
B7
B7
C2
C2
C2
C3
C2
D1
D2
D2
D2
D3
D2
D5
D5
D5
D5
E1
B7
D1
D3
B3
B3
B5
B2
A.
S
T
R
E
E
T
R
E
L
A
T
I
O
N
S
H
I
P
:
3.
S
I
D
E
W
A
L
K
S
&
S
T
R
E
E
T
S
C
A
P
E
F
E
A
T
U
R
E
S
4.
P
R
O
M
I
N
E
N
T
B
U
I
L
D
I
N
G
E
N
T
R
A
N
C
E
S
5.
S
T
R
E
E
T
C
O
R
N
E
R
S
B.
P
E
D
E
S
T
R
I
A
N
E
N
V
I
R
O
N
M
E
N
T
:
1.
P
E
D
E
S
T
R
I
A
N
W
E
A
T
H
E
R
P
R
O
T
E
C
T
I
O
N
2.
P
E
D
E
S
T
R
I
A
N
-
F
R
I
E
N
D
L
Y
B
U
I
L
D
I
N
G
F
A
C
A
D
E
S
3.
P
E
D
E
S
T
R
I
A
N
A
R
E
A
S
A
T
B
U
I
L
D
I
N
G
E
N
T
R
I
E
S
4.
A
C
C
E
S
S
T
O
M
A
I
N
B
U
I
L
D
I
N
G
E
N
T
R
Y
5.
P
E
D
E
S
T
R
I
A
N
A
C
T
I
V
I
T
Y
A
R
E
A
S
6.
L
A
N
D
S
C
A
P
E
C
O
M
P
O
N
E
N
T
S
7.
G
E
N
E
R
A
L
P
E
D
E
S
T
R
I
A
N
A
M
E
N
I
T
I
E
S
C.
S
I
T
T
I
N
G
&
S
C
R
E
E
N
I
N
G
O
F
S
E
R
V
I
C
E
&
P
A
R
K
I
N
G
F
A
C
I
L
I
T
I
E
S
:
1.
S
C
R
E
E
N
I
N
G
O
F
I
N
C
O
M
P
A
T
I
B
L
E
A
C
T
I
V
I
T
E
S
2.
P
A
R
K
I
N
G
L
O
T
F
A
C
I
L
I
T
I
E
S
3.
P
A
R
K
I
N
G
L
O
T
L
A
N
D
S
C
A
P
I
N
G
D.
S
I
T
E
D
E
S
I
G
N
F
O
R
S
A
F
E
T
Y
:
1.
P
E
D
E
S
T
R
I
A
N
S
A
F
E
T
Y
2.
E
Y
E
S
O
N
T
H
E
S
T
R
E
E
T
3.
L
I
G
H
T
I
N
G
4.
S
A
F
E
L
A
N
D
S
C
A
P
E
D
E
S
I
G
N
5.
Q
U
A
L
I
T
Y
O
F
S
I
T
E
F
U
R
N
I
S
H
I
N
G
S
A
N
D
F
E
A
T
U
R
E
S
E.
R
E
S
I
D
E
N
T
I
A
L
O
P
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DEVELOPMENT AGREEMENT ATTACHMENT 3
MARQUEE ON MEEKER
INTERIOR DESIGN DETAILS
The project will provide a selection of high quality interior materials and finishes
that residents expect in this elevated market segment. FNW is committed to
presenting Marquee on Meeker as a unique opportunity for renters to surround
themselves in modern, sophisticated and durable interiors.
The project interior finish package will include premium wood cabinets, stainless
steel appliances, quartz/granite countertops, under-mount stainless steel sinks, and
pendant lighting above the bar in the kitchen. All units will include a washer and
dryer and have painted millwork throughout. Vinyl plank flooring will be used in the
kitchens, bathrooms and living rooms and bedrooms will be carpeted.
ATTACHMENT 4
51603836.4
ATTACHMENT 4
Approved Project Phasing Plan
(See Attached)
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51621351.1
ATTACHMENT 5
REQUIRED MAJOR PUBLIC INFRASTRUCTURE (AS PER SECTION 3)/IMPACT FEES
(AS PER SECTION 6(d))
1. Major Public Infrastructure (Section 3).
Water: 12” public water main loop through the site connecting to existing 16” steel water
main in Meeker Street (note: This water main extension will provide 2100 gpm. If fire
flow demands are more than 2100 gpm, additional public water main extensions will be
necessary)
Sewer: Connection to the King County Metro trunk line in Meeker Street as
allowed/required by King County. The public portion of the system will be from the
Metro tie-in to the first Manhole. Sewer extensions on-site to serve the buildings within
the development will be privately owned and maintained.
Storm Drainage: On site storm water system will connect to the 36-inch diameter public
drainage system on the north side of Meeker Street. Pipes and structures installed within
the Meeker Right-of-Way will be owned and maintained by the city. Storm Drainage
infrastructure extensions on-site will be privately owned and maintained.
Frontage improvements to Meeker Street (including street lighting, median landscaping
within Meeker and raised crosswalk and appurtenances): As defined in section _ of the
development agreement. Execution of a limited street license is required for private
improvements located within the right-of-way. Right-Of-Way dedication for the frontage
improvements is required along the eastern portion of the Marquee on Meeker frontage.
Pedestrian connection from the path on Meeker Street to the Green River trail: As
defined in Section 16 of the development agreement.
2. Project Impact Fees (Section 6(2)).
Fire: Project is vested to fire impact fees in effect as of the effective date of this
Agreement to extent allowed by law.
Schools: Project is vested to school impact fees in effect as of the effective date of this
Agreement to extent allowed by law.
Transportation: The total Transportation Impact Fee (TIF) due for the Project is
$761,837.83, plus a one percent (1%) administrative fee. Developer has agreed to
construct the MMOM improvements as a public benefit. In consideration of this public
benefit, a portion of the cost of the MMOM improvements shall be offset by a TIF credit
51621351.1
in the amount of $500,000. Specifically, the City agrees that the TIF credit of $500,000
is in consideration of the MMOM improvements that would apply to reduce the cost of
future construction of Project W-12 on the City’s adopted TIF regulations.
ATTACHMENT 6
51603836.4
ATTACHMENT 6
FORM OF LIMITED STREET USE LICENSE
FOR PARKING IN MEEKER STREET RIGHT OF WAY
(See Attached)
2841/086 07/10/17 - 1 - Limited License Agreement v3
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LIMITED LICENSE BETWEEN THE CITY OF KENT AND
MARQUEE ON MEEKER LLC
PARTIES
THIS LIMITED LICENSE ("License") is dated for reference purposes as of
_____________________, 201_, and is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and MARQUEE ON MEEKER LLC, a
Washington limited liability company (“Licensee").
RECITALS
1.Licensee seeks to install several right-of-way improvements at its
Marquee on Meeker development in the City of Kent.
2.Licensee has requested that the City grant a permit to use City right-
of-way to install and maintain these improvements and to undertake responsibility
and liability for any negligent performance of the same.
3.The City has agreed to issue this license pursuant to the following
conditions.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1.License Granted. The City grants this License (“License”) for a
period of ten (10) years from the Effective Date (the “Term”) for Licensee to install,
maintain, operate, use, repair, replace and remove landscaping, sidewalk paving,
ADA ramps, parking facilities, and other fixtures and amenities at the Marquee on
Meeker development (“Project”) across, along, in, upon, and under a section of the
City’s right-of-way described in Exhibit A (the “Licensed Property”). City and
Licensee agree that this License shall automatically renew at the end of the Term
for successive ten (10) year periods until this License is terminated as provided in
Section 3 below. A general description and visual representation of the plans and
specifications for the landscaping, sidewalks, ADA ramps, parking and other
improvements, and related fixtures and amenities, for the Project is attached as
Exhibit B (“Improvements”). This License is subject to all the terms and
conditions established below.
2. Damage to Property and Restoration. Licensee shall repair any
damage to City-owned property (including but not limited to the Licensed Property)
caused by the installation, construction, operation, maintenance, removal, repair,
reconstruction, replacement, use, and inspection of the Improvements. Upon
revocation, termination, or expiration of this License, the Improvements shall
remain as constructed and be available for use by the public.
ATTACHMENT 6
2841/086 07/10/17 - 2 - Limited License Agreement v3
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3.Revocation and Termination. The intent of this License is to
authorize Licensee to install, maintain, operate, use, repair, replace and remove the
Improvements on the Licensed Property, which is City right-of-way, and which
right-of-way constitutes a valuable property interest owned by the City. This
License does not grant an estate in the land described as the Licensed Property; it
is not an easement; it is not a franchise; it is not exclusive; and it does not exclude
the City from full possession of the Licensed Property. As a License upon real
property, it is revocable; provided, however, that pursuant to the terms of the
Development Agreement between City and Licensee concerning the Project dated
as of _______________ (the "Development Agreement"), City agrees not to revoke
or otherwise terminate the License as long as any of the multifamily improvements
for the Marquee on Meeker development as described in the Development
Agreement are under construction or exist at the Project and the Licensee is not in
default with respect to any of its duties or obligations herein or in the Development
Agreement (the "Project Duration Period"). City shall provide Licensee with at least
thirty (30) calendar days’ written notice of termination or revocation. Following a
revocation or termination of this License pursuant to this Section 3, Licensee waives
any right it may have to any claim for damages of any kind incurred as a result of
the City's removal of all or part of the Improvements
4. Permits Required. The City's grant of this License does not release
Licensee from any of its obligations to obtain and comply with all applicable local,
state, and federal permits necessary to install, construct, operate, maintain,
remove, repair, reconstruct, replace, use, and inspect the Improvements.
Licensee's failure to comply with this Section 4 shall constitute grounds for
revocation by the City, if Licensee does not promptly cure its noncompliance
following written notice from the City of such noncompliance.
5.Maintenance. Licensee shall operate and maintain the Improvements
and the Licensed Property during and after construction in a clean, well-kept,
orderly and safe condition in accordance with City standards. Licensee shall
promptly make repairs at Licensee’s cost, as necessary, to ensure the
Improvements and the Licensed Property are kept in good condition in accordance
with City standards. The City’s satisfaction under this Section 5 shall in no way
affect Licensee’s duties as set forth in Section 7.
6.Emergency. In the event of any emergency in which any portion of
the Improvements breaks, becomes damaged, or in any other way becomes an
immediate danger to the property, life, health, or safety of any individual, Licensee
shall immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this
License. However, Licensee shall notify the City of the emergency as soon as
reasonably possible and this emergency work shall not relieve Licensee from its
obligation to obtain all permits necessary for this purpose.
7. Indemnification. Licensee shall comply with the following
indemnification requirements:
2841/086 07/10/17 - 3 - Limited License Agreement v3
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7.1 Licensee shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
including maintenance activities, except to the extent caused by the sole or
concurrent negligence of, or the willful misconduct of, the City, its employees,
agents, contractors, or invitees.
7.2 The City’s inspection or acceptance of any of Licensee’s work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
7.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section 7
by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties when required to do so under this Section 7,
Licensee shall indemnify the City regardless of whether the settlement of such
claims is made with or without Licensee’s consent.
7.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 7 and if
Licensee’s refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City’s costs for defense of the
action, including all reasonable legal costs, witness fees, and attorney fees and also
including the City’s costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 7 indemnification clause.
7.5 The provisions of this Section 7 shall survive the expiration or
termination of this License.
8.Insurance. Licensee shall procure and maintain for the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work by Licensee. Licensee also agrees to
require the same coverage of its agents, representatives, employees, contractors,
subcontractors, consultants, subconsultants, or assigns performing work under the
scope of this License.
8.1 Before beginning work on the project described in this License,
Licensee shall provide a Certificate of Insurance evidencing:
2841/086 07/10/17 - 4 - Limited License Agreement v3
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8.1.1 Automobile Liability insurance with limits no less than
$1,000,000 combined single limit per accident for bodily injury and property
damage; and
8.1.2 Commercial General Liability insurance written on an
occurrence basis with limits no less than $2,000,000 combined single limit per
occurrence and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCU); and employer’s liability.
8.1.3 Excess Liability insurance with limits not less than
$2,000,000 per occurrence and aggregate.
8.2 Any payment of deductible or self-insured retention shall be the
sole responsibility of Licensee.
8.3 The City shall be named as an additional insured on the
insurance policy, as respects work performed by or on behalf of the Licensee and
shall make its endorsement available for inspection by the Licensor. Licensor
waives no rights and Licensee is not excused from performance if Licensee fails to
provide Licensor with a paper copy of the endorsement naming the City as an
additional insured.
8.4 Licensee’s insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer’s liability.
8.5 Licensee’s insurance shall be primary insurance as respects the
City, and the City shall be given thirty (30) calendar days prior written notice
electronically and by United States mail of any cancellation, suspension or material
change in coverage.
9.Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City and by Licensee.
10.Assignment. Licensee shall not assign all or any portion of its rights,
benefits, or privileges, in and under this License in violation of any term or
provision of the Development Agreement or any other agreement between City and
Licensee with respect to the Project and in any event without prior written approval
of the City, which approval will not be unreasonably withheld or delayed. Licensee
shall, no later than thirty (30) days prior to the date of any proposed assignment,
file written notice of intent to assign the License with the City together with the
assignee’s written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the
right, without such notice or such written acceptance, to (a) mortgage its rights,
benefits, and privileges in and under this License to any mortgage lender having or
2841/086 07/10/17 - 5 - Limited License Agreement v3
tread\HAL\Riverbend Joint Venture
obtaining a lien on the Project, (b) assign all of the rights, benefits, privileges,
duties and obligations to (i) any subsidiary, parent, affiliate or company having
common control with Licensee, or (ii) to any successor in interest to Licensee as an
owner or tenant of all or any portion of the Project, so long as such transferee,
assignee or successor assumes in writing all of the duties and obligations of
Licensee set forth herein and written notice of same is provided to the City. From
and after the later of the date that Licensee no longer owns any interest in the
Project or the date that Licensee provides City with the written
assignment/assumption documents as required herein, Licensee shall have no
responsibility for any obligations accruing after such date, and City shall look to
Licensee's successor(s) in interest for obligations of the Project owner(s) accruing
after such date.
11.Compliance with Laws. Licensee shall comply with all federal, state,
and municipal laws, rules, and regulations that are applicable to this License.
12. Venue and Jurisdiction. This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington. In the
event of claim or litigation regarding the enforcement of the terms of this License,
each party shall be responsible for its own legal costs and attorney fees except as
noted in Section 7.
13.Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted, shall be in writing and shall be
deemed to have been given when personally delivered, or when sent by registered
or certified mail, return receipt requested, to the addresses listed below for each
party, or to such other person or address as either party shall designate to the
other party in writing:
CITY:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
LICENSEE:
Marquee on Meeker LLC
c/o Landmark Development Group
2711 West Valley Highway North
Suite 200
Auburn, WA 98001
Attn: Brett Jacobsen
Email: bjacobsen@fnw-inc.com
With a copy to:
Marquee on Meeker LLC
c/o HAL Real Estate Inc.
2025 First Avenue, Suite 700
Seattle, WA 98121
Attn: Jonathan Manheim
2841/086 07/10/17 - 6 - Limited License Agreement v3
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Email: jmanheim@halrealestate.com
And to:
Alston Courtnage & Bassetti LLP
1420 5th Avenue, Suite 3650
Seattle, WA 98101-4011
Attn: Tom Read
Email: tread@alcourt.com
14.No Waiver of Rights. Nothing in this License shall constitute a
waiver of either party’s right to challenge any portion of the License that is not in
accordance with applicable federal, state and local laws.
15. Entire Agreement and Effective Date. This License contains the
entire agreement between the parties and, in executing it, the City and Licensee do
not rely upon any statement, promise, or representation, whether oral or written,
not expressed in this License. This License shall be effective upon the last day
executed below (Effective Date).
16.Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom
that person is executing.
17. Memorandum. Promptly after the Effective Date, the parties agree to
execute and record a memorandum of this Agreement in the form of attached
Exhibit B.
This License is executed and shall become effective as of the last date signed
below.
CITY OF KENT
By:
Print Name: SUZETTE COOKE
Its: Mayor
Date:
LICENSEE
By:
Print Name:
Its:
Date:
2841/086 07/10/17 - 7 - Limited License Agreement v3
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STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
2841/086 07/10/17 - 8 - Limited License Agreement v3
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STATE OF WASHINGTON )
) ss.
COUNTY OF ___________ )
On this _______ day of _______________, 2017, before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared _______________________________________, known to me
to be the ___________________ of MARQUEE ON MEEKER LLC, the limited liability
company that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said limited liability company,
for the purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature
appears on this document.
WITNESS my hand and official seal hereto affixed the day and year in the
certificate above written.
Signature
Print Name
NOTARY PUBLIC in and for the State of
Washington, residing at .
My commission expires .
2841/086 07/10/17 - 9 - Limited License Agreement v3
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EXHIBIT A
LEGAL DESCRIPTION OF THE LICENSED PROPERTY
2841/086 07/10/17 - 10 - Limited License Agreement v3
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EXHIBIT B
MEMORANDUM OF LICENSE AGREEMENT
WHEN RECORDED RETURN TO:
Thomas W. Read
Alston, Courtnage & Bassetti LLP
1420 Fifth Avenue, Suite 3650
Seattle, WA 98101-4011
Document Title: MEMORANDUM OF LICENSE AGREEMENT
Grantor:
Grantee:
Legal Description:
Abbreviated Legal Description:
Full Legal Description: See Exhibit A attached.
Assessor's Tax Parcel Nos.:
Reference Nos. of Documents Released or Assigned:
MEMORANDUM OF LICENSE AGREEMENT
This Memorandum of License Agreement is dated as of ________, 2017, and is by and
between _______________________________ ("Seller"), and __________________________,
a __________________________ ("Buyer").
1. Agreement. Seller and Buyer have entered into a Limited License Agreement
dated ____________, 2017, concerning the real property described on attached Exhibit A (the
"Property").
2841/086 07/10/17 - 11 - Limited License Agreement v3
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2.Purpose. This Memorandum is prepared for the purpose of recordation only, and
does not modify the Limited License Agreement in any way.
SELLER: BUYER:
____________________________ _______________________________
[ADD NOTARY BLOCKS FOR PARTIES]
2841/086 07/10/17 - 12 - Limited License Agreement v3
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EXHIBIT A
LEGAL DESCRIPTION
ATTACHMENT 7
51603836.4
ATTACHMENT 7
FORM OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL
(See Attached)
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE
51618525.2
Recorded at the Request of and
after Recording Return to:
City of Kent
c/o Public Works Department
220 Fourth Avenue South
Kent, WA 98032
GRANT OF EASEMENT
FOR PUBLIC PEDESTRIAN TRAIL
Grantor/Declarant: MARQUEE ON MEEKER, LLC, a Washington limited liability
company
Grantee: CITY OF KENT, a Washington municipal corporation
Legal Description:
Official legal description on Exhibit A
Assessor’s Tax
Parcel ID#:
Reference #
(if applicable):
N/A
Marquee on Meeker, LLC, a Washington limited liability company (“Owner”), is
owner of the real property described in Exhibit A attached hereto and incorporated herein by
this reference (the “Property”).
Owner acquired the Property from the City of Kent, a Washington municipal
corporation (“City”) pursuant to the terms and conditions of that certain Real Estate Purchase
and Sale Agreement with Lease/Option to Purchase dated as of May 5, 2017 (the “Purchase
ATTACHMENT 7
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE
51618525.2
Agreement”). As a condition of the Purchase Agreement, Owner and City entered into that
certain Development Agreement dated as of _______, 2017 (the “Development Agreement”)
for the purpose of governing the design, development, permitting, mitigation of
environmental impacts and uses associated with development of a mixed-use retail/multi-
family residential community on the Property to be known as the Riverbend Gateway Project
(herein the “Project”).
As a requirement of the Development Agreement, and in particular Section 16 thereof,
Owner and City have agreed that the Project shall provide for a public pedestrian and non
motorized vehicle trail easement over and across the Property for the benefit and use of the
members of the general public for public access from Meeker Street to the Green River Trail.
Accordingly, Owner hereby grants, dedicates and quit claims to City, as a perpetual
covenant running with the land, a nonexclusive public pedestrian and non-motorized vehicle
use and access easement for the purposes and subject to the conditions hereinafter mentioned,
over and across the Property, in the location and configuration as depicted in the survey
attached hereto as Exhibit B and incorporated herein by this reference (herein the “Trail
Easement”), and City hereby accepts such grant on the terms and conditions set forth herein.
1.Purpose. The Trail Easement is granted for the purpose of providing the public
with pedestrian and non-motorized vehicle access and entry for the use and enjoyment of the
Green River Trail connection within the Project and for no other use. Owner shall be
responsible for all costs of permitting, design and construction of the Trail Easement and any
improvements or amenities associated therewith (e.g. signage) as may be required by the City,
including but not limited to compliance with ADA (Americans with Disabilities Act)
guidelines and requirements for outdoor trails.
2.Owner’s Use of Trail Easement. Owner and its assignees, lessees, tenants and
invitees shall have the right to use of the Trail Easement consistent with the rights of the
public use as described herein and for any other purpose not inconsistent with the rights
granted herein. Use of the Trail Easement may be closed to the public from time to time on a
temporary basis for the purpose of construction, repairs and/or maintenance of the Trail
Easement. Owner may impose reasonable controls on uses of such portion of the Trail
Easement that are likely to have an adverse effect on the Project occupants/tenants reasonable
enjoyment and use of the Project, so long as such controls are consistent with City policies
and guidelines for public trail use or as otherwise approved or in effect by the City.
3.Maintenance. Owner shall at all times and at its sole cost and expense
maintain the Trail Easement area and improvements lying within in good repair and
condition.
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE
51618525.2
4.Modification. The alignment of any portion of the Trail Easement and the
easement rights granted herein pertaining to such portion may be modified by mutual
agreement of Owner and the City if the Project development for the Property is altered such
that an alternate location within the Property would be more desirable for location of the Trail
Easement. In such event the parties shall execute and record an amendment to this Trail
Easement terminating the present alignment and providing for the new alignment of the Trail
Easement.
5.Liability. Pursuant to the provisions of RCW 4.24.200 and 4.24.210, neither
Owner nor any of its affiliates, officers, agents, representatives or employees, shall be
responsible for or held liable for unintentional injury or damage to persons or property arising
from or occurring as a result of public use of the Trail Easement as provided for in RCW
4.24.200 and 4.24.210.
6.Successors and Assigns. The terms and provisions of this Grant of Easement
shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto. By recordation of this dedication, easement, and agreement, to the maximum extent
allowed by law, this agreement shall encumber the Property as an easement and dedication to
the general public for the public trail uses set forth herein.
7.Record Notice. This Grant of Easement shall be recorded with the King
County Department of Records and Elections.
8. Time of Essence. Owner agrees that time is of the essence, and City shall have
non-exclusive standing to enforce the provisions of this dedication, easement, and agreement.
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE
51618525.2
DATED this ____ day of _____________, 20__.
GRANTOR: MARQUEE ON MEEKER, LLC, a Washington
limited liability company
By:
Its
GRANTEE: THE CITY OF KENT,
a Washington municipal corporation
By:
Its
APPROVED AS TO FORM:
By: ____________________________
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL, PAGE
51618525.2
STATE OF WASHINGTON
COUNTY OF ___________
ss.
I certify that I know or have satisfactory evidence that _________________________
is the person who appeared before me, and said person acknowledged that said person signed
this instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the _________________________ of Marquee on Meeker, LLC, a
Washington limited liability company, to be the free and voluntary act of such corporation for
the uses and purposes mentioned in the instrument.
Dated this _____ day of _________________________, 20__.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington,
residing at
My appointment expires
STATE OF WASHINGTON
COUNTY OF ___________
ss.
I certify that I know or have satisfactory evidence that _________________________
is the person who appeared before me, and said person acknowledged that said person signed
this instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the _________________________ of THE CITY OF KENT a municipal
corporation, to be the free and voluntary act of such corporation for the uses and purposes
mentioned in the instrument.
Dated this _____ day of _________________________, 20__.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington,
residing at
My appointment expires
EXHIBIT A
51618525.2
EXHIBIT A
Legal Description of Property
EXHIBIT B
51618525.2
EXHIBIT B
[Attach Survey Depicting Trail Easement]
ATTACHMENT 8
ATTACHMENT 8
COPY OF MDNS FOR THE PROJECT
(See Attached)
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Matt Gilbert, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
RIVERBEND SHORT PLAT and MIXED USE DEVELOPMENT
ENV-2017-4 / RPSW-2170281
Preliminary Short Plat SP-2017-1 / RPSS-2170221
Responsible Official: Charlene Anderson, AICP Staff Contact: Jason Garnham,
Planner
I. PROPOSAL
The applicant proposes to subdivide a 24-acre parcel containing portions of the City
of Kent’s Riverbend Golf Complex into 8 lots. Four of the newly created parcels at
the western portion of the site are proposed to be developed with a mixed-use
complex including approximately 12,000 square feet of commercial retail and
restaurant space and 492 residential apartment units in 23 separate buildings, with
associated parking areas and amenities. The existing par-3 golf course and
concessions building will be removed. The proposed development includes two 6-
story, approximately 125,644 square feet mixed use buildings containing structured
parking, mixed retail and restaurant space, and 117 apartment units each, and 21 -
3-story, approximately 10,200 square feet residential structures containing 12
apartment units each. An interior roadway will access Meeker St via two driveways.
Installation of paved multi-use pathways accessing the Green River Trail and
trailhead parking facilities is also being proposed. Portions of the site are within the
Green River Shoreline Master Program area.
The applicant proposes to enter into a binding Development Agreement with the
City of Kent establishing the terms, conditions, and mitigation measures for the
proposed development in accordance with the provisions of Kent City Code
15.08.450. A final draft of this agreement, which includes terms relating to
requested departures from the requirements in Kent City Code, design and
development conditions, applicable Impact Fees and substantial permitting fees,
and other aspects of the proposed development has been reviewed by City staff and
the City’s SEPA official as part of this proposal. Final approval of a development
agreement is to be granted by resolution of the Kent City Council at a public
hearing.
The property is located at 2030 West Meeker St. and is identified as King County
Assessor parcel number 2322049011.
ATTACHMENT 8
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II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4163), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter 12.11, Kent City Code) will
require concurrent improvements or the execution of binding agreements by
the Applicant/Owner with Kent to mitigate identified environmental impacts.
These improvements and/or agreements may include improvements to
roadways, intersections and intersection traffic signals, stormwater
detention, treatment and conveyance, utilities, sanitary sewerage and
domestic water systems. Compliance with Kent's Construction Standards
may require the deeding/dedication of right-of-way for identified
improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code
may require the conveyance of Sensitive Area Tracts to the City of Kent in
order to preserve trees, regulate the location and density of development
based upon known physical constraints such as steep and/or unstable slopes
or proximity to lakes, or to maintain or enhance water quality. Compliance
with the provisions of Chapter 6.12 of the Kent City Code may require
provisions for mass transit adjacent to the site.
In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter 197-11 WAC (effective November 10,
1997), which implements ESHB 1724 and ESB 6094, and rules which took
effect on May 10, 2014 in response to 2ESSB 6406 passed by the State
Legislature in 2012.
III. ENVIRONMENTAL ELEMENTS
A. Earth
The portion of the subject site that is contemplated for development is
generally flat, however, there is an approximate 25% slope up from
the northwestern edge of the site along West Meeker Street, and
slopes of up to 30% are located along the banks of the Green River.
According to a Preliminary Site Condition Summary prepared by Zipper
Geo Associates, dated December 20, 2016, the on-site soils consist of
young alluvial deposits consisting of silt and sand with localized
deposits of compressible organic-rich soils. The Natural Resources
Conservation Service maps the site as containing soils meeting the
Urban Land category (Ur).
The site soils have a high potential for liquefaction and the site is
considered a seismic hazard by the City of Kent. Preliminary analysis
by Zipper Geo Associates indicates that settlement of soils may be
expected across the site from a seismic event but can be mitigated by
supporting the buildings on pilings or by completing ground
improvement through the use of stone columns or aggregate piers.
Lateral deformation due to a seismic event is anticipated to be
negligible and can also be mitigated through ground improvement and
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building foundation design. Structural fill is proposed to be imported
and placed within the building footprints and below new pavement and
hardscape surface areas, and within utility trenches and infiltration
facilities to provide the needed structural support.
According to the environmental checklist submitted by the applicant,
no surface indicators of significant instability of the slopes adjoining
the Green River have been observed, however, areas of localized
erosion of sandy soils are present but discontinuous. The Green River
levee separates the flat areas of the site proposed for development
from the Green River and its adjoining slope areas.
An estimated 1000 cubic yards of cut and 87,000 cubic yards of fill
material will be used to prepare the site for development. Cut will be
utilized onsite if possible, and any fill will be from WSDOT-approved
sites.
The applicant is required to submit and receive approval of a Detailed
Grading Plan and a Temporary Erosion / Sedimentation Control Plan
meeting the requirements of the City of Kent Construction Standards
and the City of Kent Surface Water Design Manual from the City for
the entire development.
The applicant is required to submit and receive approval of a
Stormwater Pollution Prevention Plan (SWPPP) from the City of Kent,
prior to issuance of Civil Construction or clearing and grading approval.
The SWPPP will meet all the requirements of the Department of
Ecology National Pollutant Discharge Elimination System (NPDES)
Construction Stormwater General Permit (CSWGP).
The applicant is required to obtain an NPDES permit coverage letter
from DOE under the Construction Stormwater General Permit. The
Applicant will submit a copy of the coverage letter to the City of Kent
prior to issuance of civil construction or clearing and grading permits.
The construction site shall meet all the requirements of the
Department of Ecology National Pollutant Discharge Elimination
System Construction Stormwater General Permit (CSWGP).
Portions of the Green River levee, a City of Kent facility designed and
constructed to minimize flooding of developed areas by the Green
River, are located on the subject site. The City of Kent Public Works
department is responsible for maintaining the levee in cooperation
with the King County Flood Control District. Kent Public Works staff
stated that portions of the levee located on the subject site will be
raised to a 500-year flood protection level at an undetermined time in
the future, and requested that the levee and its vicinity be placed in a
separate tract or easement establishing City rights to or reserving City
ownership of the levee and its vicinity to access, maintain, or
reconstruct the levee.
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B. Air
Emissions typical of construction equipment may occur during
construction. Equipment will be kept in good working condition to
minimize air pollution. During periods of dry weather, watering down
exposed soils, washing truck wheels before exiting the site and
maintaining gravel construction entrances in accordance with the
approved Temporary Erosion/Sedimentation Control Plan will keep
dust particle emissions to a minimum. Following construction,
emissions will be generated from vehicles entering and leaving the
site.
C. Water
Surface
The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of the
ordinary high water mark of the Green River are within shoreline
jurisdiction. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program, which is discussed in greater detail in Section H, below. As
proposed, those portions of the development that are located within
the shoreline jurisdiction areas generally comply with the City of Kent
Shoreline Master Program regulations.
Ground
All stormwater runoff from the proposed development will be collected
onsite and conveyed to the City stormwater system located in West
Meeker Street, which ultimately discharges to the Green River Natural
Resources Area, an existing City regional stormwater facility which will
provide flow control and water quality treatment from the development
of lots 1-5 as shown on the conceptual development plans submitted
with the preliminary short plat application. A downstream analysis
conducted by Anchor Environmental Consultants concluded that the
downstream conveyance systems north of West Meeker Street have
the capacity to receive the runoff that is anticipated from the
development shown on the conceptual plans submitted with the
preliminary short plat application. Detention and filtration of
stormwater on-site via small scale infiltration facilities may be required
due to the limited capacity of conveyance facilities located along West
Meeker Street and to comply with Low Impact Development
requirements.
The proposed project will require Full drainage review. The Applicant
shall develop and submit drainage plans and a TIR as specified in the
“2002 City of Kent Surface Water Design Manual” and the “1998 King
County Surface Water Design Manual” for this type of drainage
review. This site is located within the Valley Regional Detention flow
control area and the Green River Natural Resource Area water quality
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area, and will comply with the requirements for those specific areas.
Modeling of the downstream conveyance system leading from the site
to the Green River Natural Resources area determined there was
sufficient conveyance system capacity to accept the un-attenuated
storm water runoff from the project site. A drainage system
development charge will be assessed for all new impervious surface
added to the site.
D. Plants
The portions of the site that are proposed for development – Lots 1
through 5 of the proposed short plat - are currently developed with a
golf course facility and are vegetated with grasses and landscaping. A
number of deciduous and evergreen trees are located throughout the
site, many of which are proposed to be retained during development.
Those portions of the site located along the Green River are impacted
by the Green River levee, which was reconstructed in 2008. Vegetation
on and adjacent to the levee consists primarily of grasses and shrubs.
Revegetation work and removal of noxious weeds along the riverbank
has been undertaken by the King County Flood Control District and the
City of Kent Public Works department as part of plans to mitigate for
the impacts of levee construction in this and other areas.
Landscaping comprised of a mix of trees, shrubs, and groundcover will
be required to be provided along the perimeter of the site and around
parking areas and buildings according to the standards of Kent City
Code and the Downtown Design Guidelines. Frontage landscaping will
be installed by the applicant within the Meeker Street public right of
way and will be maintained for the life of the development by the
property owner, per the terms of the Development Agreement
between the developer and the City.
E. Animals
According to the SEPA checklist provided by the applicant, threatened
Chinook (Onchorynchus tschwyscha), Steelhead (O.mykiss) and
possibly Bull Trout (Salvenlinus confluentus) may be found in the
Green River adjacent to the project site. Many species of anadromous
salmon, including those listed, use the Green River as a migration
corridor. The site is also within the Pacific Flyway for migratory birds,
as is much of the Puget Sound region.
Karen Walter of the Muckleshoot Indian Tribe commented in an email
dated February 10, 2017 that exterior lighting of buildings, parking
areas, or trail facilities has the potential to produce glare or light
spillage that would adversely affect migrating juvenile salmon. A
lighting plan showing the type and location of lighting fixtures and
resulting illumination in foot candles, and demonstrating that proposed
lighting will not impact the river or its embankments, will be required
to be submitted with building plans prior to construction permit
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approval. No lighting of the Green River Trail or of shoreline areas is
currently proposed.
Impacts to threatened and migratory wildlife are anticipated to be
minimal, as no work is proposed to occur within or adjacent to the
Green River. Most of the proposed development will take place
landward of the Green River levee and more than 200 feet from the
Ordinary High Water Mark (OHWM) of the Green River and, thus,
outside of Shoreline Master Program jurisdiction. Work proposed within
the Shoreline area is limited to development of three pedestrian
pathways and associated trailhead parking facilities connecting the site
and sidewalks on West Meeker Street to the Green River Trail, an
existing City of Kent park facility. Retention of significant trees,
planting of new trees, and provision of landscaping associated with the
development will preserve or improve wildlife habitat in the area.
F. Energy and Natural Resources
Natural gas will be used for heating and electricity will be used for
lighting and general energy needs. Building design to meet current
Washington State Energy Code standards will help to minimize energy
consumption.
G. Environmental Health
Noise from vehicles traveling along West Meeker St currently impacts
the site and will likely impact residents of the future development.
Some temporary noise will occur during construction due to the use of
construction equipment and machinery. Hours of construction and
noise levels will comply with Kent City Code. Mufflers will be required
on all vehicles with combustion engines and vehicle idling time will be
minimized during construction activities.
According to the Tacoma Smelter Plume searchable map found at:
https://fortress.wa.gov/ecy/smeltersearch/, the site is shown to be in
an area where soil arsenic levels range from non-detected to 20 parts
per million. The State Department of Ecology recommends soil
sampling for properties in areas with estimated arsenic levels above
the state cleanup level of 20 parts per million.
G. Land and Shoreline Use
Land Use
The western portion of the site is currently developed with a par 3 golf
course that is a portion of the Riverbend Golf Complex, a City of Kent
Parks and Recreation facility. A 1,800 square foot concessions building
and the par-3 golf course is proposed to be demolished. An 18-hole
golf course and clubhouse is located across West Meeker St and north
of the site. A 1.7-acre exception area and separate parcel - identified
as King County Assessor parcel number 1699950000 - is located
between Lots 4 and 5 of the proposed short plat and east of the
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proposed mixed use development and contains an apartment complex
known as the Colony Park Apartments. Adjacent properties to the
south and west are located across the Green River from the subject
site and are comprised of vacant land and Old Fishing Hole Park, a City
of Kent recreation facility.
The subject site is zoned GC-MU, General Commercial – Mixed Use,
and has a comprehensive plan land use designation of MU – Mixed
Use.
Kent City Code 15.04.200 requires residential development in GC-MU
zoning districts to include a minimum of 5 percent of gross floor area
of a principally permitted commercial use. Through the terms of the
binding Development Agreement between the developer and the City
of Kent, the applicant will construct approximately half of the required
commercial space required by code – approximately 12,000 square
feet and 2.5 % out of the total development – in exchange for
constructing and maintaining frontage improvements within the West
Meeker Street public right of way and for constructing and maintaining
public trail facilities of a design and quality that exceeds minimum
standards, visually enhances nearby public areas, and as substantially
shown in conceptual plans provided for the development agreement.
Kent City Code 15.08.450 establishes that departures from the
development regulations and standards of the code may be offset by
providing a benefit to the City of equal or greater value relative to the
departure requested, as judged by the City.
Shoreline Use
The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of the
ordinary high water mark of the Green River are within shoreline
jurisdiction. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program.
The shoreline environmental designation of the portions of the site that
are within shoreline jurisdiction is Urban Conservancy – Open Space.
The purpose of the Urban Conservancy – Open Space environment is
to protect and restore ecological functions in urban and developed
settings while allowing public access and a variety of park and
recreation uses. Subdivision of land is permitted within the Urban
Conservancy – Open Space shoreline environment only where it is
determined by the City to be for a public purpose.
Conceptual development plans submitted with the short plat
application demonstrate that development of the proposed lots in
accordance with the shoreline master program regulations is feasible.
All of the lots in the proposed short plat contain substantial
developable area that is more than 200 feet from the OHWM of the
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Green River and, thus, outside of the shoreline jurisdiction. Any
facilities to be developed within the shoreline area shall be in
accordance with the shoreline master program.
Review and approval of a Shoreline Substantial Development Permit
application will be required prior to construction of any improvements
within the shoreline jurisdiction area. A Shoreline Substantial
Development Permit application was submitted to the City on April 19,
2017 for review of paved trail and parking facility improvements
proposed within the shoreline area on the site (SMA-2017-1, KIVA
#RPSP-2171437). Recreation-oriented trail and parking facilities are
permitted uses in the Urban Conservancy – Open Space shoreline
designation area.
I. Aesthetics
Two mixed-use buildings, each comprised of four stories of residential
apartments atop two stories of structured parking and 6,000 square
feet of retail and restaurant space, will be oriented along West Meeker
Street and the northern portion of the site. They are separated from
each other and from West Meeker Street by a pedestrian pathway and
plaza area designed for pedestrian use and outdoor restaurant space.
Buildings, landscaping, and paved pathways provide visual and public
pedestrian connection between the proposed buildings, the sidewalk
along the southern edge of West Meeker Street, and the Green River
Trail and shoreline area. Twenty one urban-style walkup buildings,
three stories and approximately 35 feet in height and containing 12
apartment units each, are proposed to be located between the podium
buildings and the Green River in a manner that preserves views of and
minimizes visual impacts on the shoreline area and Green River Trail
by having a reduced appearance of scale and allowing integration of
landscaping and retention of existing trees. Parking areas with carports
and an interior roadway providing vehicular access between the
buildings and West Meeker Street is located between the buildings,
minimizing visual impacts on adjacent public areas. Parking areas
located near the perimeter of the site will be fenced and landscaped
according to the requirements in Kent City Code and the Downtown
Design Guidelines.
Comments were received by City staff on February 12, 2017 via email
from Mary Ann Hopkins, manager of the Colony Park Apartments,
expressing concern about the visual impacts of the proposed
development and requesting provision of fencing and landscaping to
buffer the potential impacts of lights, vehicles, and improvements on
the existing residents. Building setbacks and landscaping and fencing
requirements will be applied to the project to buffer the adjacent
properties and shoreline areas from the aesthetic impacts of the
proposed buildings, roadways, and parking areas. Existing trees are
proposed for retention where feasible to buffer the visual impacts of
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the proposed development on the residents of the existing Colony Park
Apartments.
The development is subject to the requirements in the City of Kent
Downtown Design Guidelines, which emphasize site plan, landscaping,
and architectural design that utilizes high-quality materials and
finishes and is safe, functional, and attractive for pedestrians and
other users. Submittal and City approval of a Downtown Design
Review application will be required prior to issuance of construction
permits.
As stated in the Development Agreement, the project shall be
designed and constructed substantially as shown in the conceptual
plans and renderings submitted to the City and included as Attachment
3 of that agreement. These conceptual plans demonstrate that the
proposed development will generally comply with the City of Kent
Downtown Design Guidelines by providing:
Safe and attractive pedestrian areas within the site and
connecting with public sidewalks and recreation facilities
High quality finish materials for buildings such as brick, wood,
concrete panels, and steel
Ample ground-level fenestration and weather protection in
buildings
Building design including modulation, material and color
variation, overhanging eaves and balconies
High quality and attractive landscaping, lighting fixtures, site
furnishings, planters, and other amenities
Usable and attractive semi-private on-site recreation space
including features such as covered seating, gaming, and active
recreation areas
The applicant will also construct a paved pathway, landscaping,
lighting, crosswalks, and center medians within the West Meeker
Street public right of way, and maintain them for the life of the
project, per the terms of the Development Agreement. The fixtures,
landscaping, and paving associated with this agreement will be of a
design and quality that will improve the aesthetic value of the
proposed development and its vicinity and improve safety and
attractiveness for pedestrians and motorists on West Meeker Street.
J. Light and Glare
Lighting will be installed on the exterior of the buildings, in parking
and landscaping areas, along proposed pedestrian pathways, and
along the sidewalk to be constructed by the applicant along the West
Meeker Street. Lighting fixtures shall be designed and located so as to
avoid undue glare or reflection of light onto adjoining properties or the
public right-of-way in accordance with KCC 15.05.090.G and
15.08.050.D.3. Building glass will be of a non-glare type. Perimeter
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landscaping and fencing will further minimize glare and reflection of
light onto streets and adjacent properties.
As described in Section III.E, above, Karen Walter of the Muckleshoot
Indian Tribe provided comments on February 10, 2017 that included a
recommendation to design and locate artificial lighting to avoid
impacts to juvenile salmon in the Green River. A lighting plan showing
the location and specifications for proposed lighting and the resulting
illumination in foot candles will be required to be submitted with
construction plans and will be reviewed by City staff. Lighting impacts
on the Green River shall be avoided accordingly.
K. Recreation
The site is east of and across the Green River from the Old Fishing
Hole, a City of Kent park facility for youth fishing access, and is across
West Meeker Street and south of the 18-hole Riverbend Golf Course,
also a City of Kent park facility. Portions of the City of Kent Riverbend
Golf Complex including a mini-golf course, driving range, and an
accessory concessions and shelter building are located east of and on
the same parcel as the proposed development. The applicant received
preliminary approval of a proposed short plat on May 4, 2017, (SP-
2017-1; KIVA #RPSS-2170221) creating parcels that would maintain
City ownership of these park facilities.
Portions of the Green River Trail, a 19.6-mile paved multi-use path
along the banks of the Green and Duwamish Rivers between Kent and
Tukwila, are located along the southern and western perimeter of the
project site and atop the Green River levee. This portion of the Green
River Trail is a public recreation facility that is currently owned and
maintained by the City of Kent Parks and Recreation Department.
Plans submitted with the preliminary short plat application show this
portion of the Green River Trail to be in private ownership where it lies
within the proposed Lots 2, 4, and 5. City of Kent Parks and Recreation
Department staff requested that the Green River Trail and its vicinity
be placed in a separate Tract to establish clear City ownership of and
public access to this recreation facility.
The proposed development would subdivide and displace the Par 3
portion of the Riverbend Golf Complex, a City of Kent Parks &
Community Services facility, and develop the site with a private
mixed-use/ residential complex. Rezoning and subdivision of the
property, and sale of the Par 3 golf course portion of the site as a City
surplus property, was evaluated by the City through completion of a
SEPA environmental checklist in 2014 (ENV-2014-22). A Determination
of Nonsignificance was issued by the City’s SEPA official on July 19,
2014. The Kent City Council voted to approve the rezoning of the site
in preparation for future surplus and sale of the Par 3 golf course
during the regularly scheduled meeting on August 19, 2014. Revenue
from the sale will be used for improvements and payment of debt for
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the 18-hole Riverbend Golf Course located across West Meeker Street
from the proposed development. A purchase and sale agreement
between the developer and the City transferring ownership of the 5
lots that are proposed for redevelopment – after final short plat
approval and recording of the lots with the King County Assessor - was
approved by the Kent City Council in a regularly scheduled public
meeting on May 2, 2017.
The applicant proposes to construct a public multi-use path along the
West Meeker Street project frontage, three new paved pedestrian
pathways connecting the West Meeker Street public right of way to the
Green River Trail, and two public trailhead parking facilities. Comments
were received from Melvin Roberts, Chair of the Kent Bicycle Advisory
Board, on February 10, 2017 requesting design of such facilities to
accommodate safe passage for bicyclists. Mr. Roberts provided
recommendations pertaining to design of the West Meeker Street
public right-of-way and of the paved trail connections onsite, which are
being considered by the applicant and City of Kent planning and public
works staff and may be incorporated into the final design and
construction of such facilities.
The City of Kent Downtown Design Guidelines require the provision of
a network of semi-public and private open space in each residential or
mixed-use development. Conceptual plans submitted for the
Development Agreement show the provision on-site of semi-public
facilities such as covered seating and outdoor cooking areas, gaming
areas, and active fitness and recreation facilities such as a pool.
Rooftop open space, shared courtyards, and private balconies are also
shown on conceptual plans. A central plaza located between the two
mixed-use podium buildings will be enclosed by outdoor restaurant
seating areas and serve as the locus point for a pedestrian promenade
connecting the West Meeker Street multi-use path/ sidewalk and the
Green River. Furnishings, amenities, and landscaping will be provided
to attract leisure and recreational activity by residents and visitors.
L. Historic and Cultural Preservation
Comments were received from Gretchen Kaehler of the Washington
State Department of Archaeology and Historic Preservation (DAHP) on
February 9, 2017, stating that the project area has a high probability
to contain historical archaeological resources, that the project area is
less than 300 feet from previously recorded archaeological site, and
that development of the Riverbend Golf Course may not have
completely destroyed archaeological resources within the project area.
The letter includes the request of a professional archaeological survey
to be conducted of the site prior to ground disturbing activities.
The applicant submitted on May 5, 2017 the Archaeological Survey of
the Riverbend Gateway Multi-Use Project Area, a report written by
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Michael Smith and Alexander Gall of Archaeological Services LLC and
dated May 2, 2017 after completing a survey of the project site in
March 2017. The report includes a description and photographs of the
field examinations that were conducted, states the finding that no
archaeological resources were identified in the project area, and
supports the conclusion that there is no basis to recommend further
archaeological work on the site, provided that an inadvertent discovery
plan is in place during construction activities. This report was sent to
DAHP staff and Muckleshoot Indian Tribe representatives on May 9,
2017. No further comments were received by City staff regarding this
matter.
Should archaeological materials (e.g. bones, shell, stone tools, beads,
ceramics, old bottles, hearths, etc.) or human remains be observed
during project activities, all work in the immediate vicinity should stop.
The State Department of Archaeology and Historic Preservation and
the City should be contacted immediately in order to help assess the
situation and determine how to preserve the resource(s). Compliance
with all applicable laws pertaining to archaeological resources (RCW
27.53, 27.44 and WAC 25-48) is required.
M. Transportation
The proposed development will access West Meeker Street, a Minor
Arterial street, via two driveways connecting the public street with an
interior roadway configured in a loop between the proposed buildings
and in front of the mixed-use podium buildings. This section of West
Meeker Street is not fully constructed to current street standards.
The City of Kent is currently establishing revised design standards for
the West Meeker Street corridor that seek to promote a broader mix
and higher intensity of land uses and improve safety and
attractiveness for pedestrians along the portions of West Meeker
Street between the Green River and downtown Kent. While these
standards have not yet been finalized or adopted, the developer will be
required to construct street improvements in the West Meeker St.
right-of-way adjacent to the development substantially in conformance
with these standards. Conceptual plans provided by the applicant and
a consultant serving the City are included as Attachment 3 in the
Development Agreement and show a single vehicular travel lane in
each direction with a center turn lane interrupted at intervals by
curbed planter strips located within the median, and a parallel parking
lane on the south edge of West Meeker Street along the project
frontage. Curb bulbouts designed to meet fire access and ADA
requirements will provide a reduced pedestrian crossing distance
between the paved multi-use path/ sidewalk to be constructed along
the southern portion of the West Meeker Street public right-of-way and
the existing sidewalk located on the north edge of the street via raised
concrete intersections designed to reduce the speed of approaching
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vehicles and increase the visual prominence of pedestrians utilizing the
crossing.
This proposed development will add an estimated 214 PM peak hour
trips to the public street system, based on the traffic report provided
by the applicant and reviewed by City engineering staff. It has been
determined that the proposed development will cause incremental
impacts to the regional and local transportation systems. The proposed
project will be assessed Transportation Impact Fees at the time of
building permit issuance in accordance with City of Kent Ordinance
#3992 and the terms of the Development Agreement. A portion of the
Transportation Impact Fees that would be assessed for the proposed
project under Kent City Code will be offset by development by the
applicant of the right of way improvements within and along the West
Meeker Street frontage as shown in conceptual plans, as discussed in
the Development Agreement and described above.
The Washington State Legislature created the Commute Trip Reduction
(CTR) Law in 1991 with the goals of reducing traffic congestion, air
pollution and petroleum consumption. This law requires major
employers to encourage their employees to use commute alternatives
such as transit, carpools, bicycles, walking, compressed work weeks,
telecommuting, and flexible work schedules to reduce drive alone
commute trips during the peak congestion periods. The City addresses
the transit alternative by requiring that the applicant accommodate the
needs for transit as expressed by King County Metro Transit.
There is a King County Metro Transit bus stop located on West Meeker
Street adjacent to the northeast portion of the site, serving Metro bus
routes 158, 159, 166, and 183. Comments were received from Metro
staff indicating that Rapid bus service will be provided at this stop in
the future. The applicant is relocating the existing bus stop and will be
required will be required to provide sidewalk area sufficient for full ADA
accessibility for front door boarding, rear door alightings and
pedestrian circulation, and installation of shelter and litter receptacle
footings at the back of the sidewalk, per Metro specifications. KC Metro
will subsequently provide, install, and maintain the bus stop shelter
and litter receptacle accordingly.
West Meeker Street currently contains five feet wide on-street bicycle
lanes demarcated with paint along the margins of the paved right-of-
way area. On-street bicycle lanes are not included within the
reconfigured street design for this section of roadway. The paved
multi-use path/ sidewalk that will be provided along the project
frontage on the southern edge of W. Meeker St will be constructed to a
standard width that will accommodate bicyclists travelling along this
section of street. Other roadway design elements such as curb
bulbouts, center median planters, on-street parking, and raised
intersections are intended to reduce the speed of vehicles on this
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section of roadway and may enhance the comfort and safety of
bicyclists choosing to travel in the roadway. A request from the Kent
Bicycle Advisory Board to include on-street bicycle facilities within the
W. Meeker St. right-of-way will not be implemented due to the limited
width of the right-of-way and the belief that the proposed multi-use
path will provide safe and adequate service for bicyclists travelling
through the area. City staff believe that most bicycle traffic in the
vicinity is related to accessing the Green River Trail and can be
accommodated by the proposed facilities and paved trail connections.
N. Public Services
The proposed development will have incremental impacts on police,
fire, medical and emergency, schools, and other public services in
proportion to the increase in the number of residents and amount of
commercial activity. Fire impact fees and school impact fees will be
required of this development per KCC 12.13 and 12.15, to be paid at
the time of building permit issuance and as stated in the Development
Agreement.
O. Utilities
Water, sewer, storm, electricity, telephone, cable, natural gas, and
solid waste services are available to the site. The applicant is
responsible for contacting each agency separately for more
information.
Water service for the proposed development will be provided by
connecting to an existing City of Kent water line located in West
Meeker Street. The water supply may be inadequate to provide
required fire suppression. The applicant shall demonstrate that
adequate fire flow will be available to serve any proposed development
on the site per the applicable fire codes. This analysis will be provided
in conjunction with review of civil construction permits.
Sewer service for the proposed development is proposed via a
connection to the West Hill Trunk, a King County Wastewater
Treatment Division (WTD) sewer main located in West Meeker Street
immediately adjacent to the site. Connection to this main requires
permission WTD; Design and construction drawings must be submitted
to King County Wastewater Treatment Division staff for review and
approval prior to construction. Comment letters from King County staff
were received on February 9, 2017 and on May 8, 2017 informing City
of Kent staff and the applicant of King County WTD jurisdiction and
review.
IV. SUMMARY AND RECOMMENDATION
A. Per WAC 197-11-660 and RCW 43.21C.060, the City of Kent may
establish conditions to mitigate any identified impacts associated with
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this proposal. The following supporting documents serve as possible
bases for any conditions and mitigating measures:
1. City of Kent Comprehensive Plan, as prepared and adopted
pursuant to the State Growth Management Act.
2. The State Shoreline Management Act and the Kent Shoreline
Master Program.
3. Kent City Code Section 7.07, Surface Water and Drainage Code.
4. City of Kent Transportation Plan, Green River Valley
Transportation action plan and current Six-Year Transportation
Improvement Plan.
5. Kent City Code Section 7.09, Wastewater Facilities Plan.
6. City of Kent Comprehensive Water Plan and Conservation
Element.
7. Kent City Code Section 6.02, Required Public Improvements.
8. Kent City Code Section 6.07, Street Use Permit Requirements.
9. Kent City Code Section 14.09, Flood Hazard Protection.
10. Kent City Code Section 12.04, Subdivision Code.
11. Kent City Code Section 12.05, Mobile Home Parks and Section
12.06, Recreation Vehicle Parks.
12. Kent City Code Section 8.05, Noise Control.
13. City of Kent International Building and Fire Codes.
14. Kent City Code Section 15, Kent Zoning Code.
15. Kent City Code Section 7.13, Water Shortage and Emergency
Regulations, and Water Conservation Ordinance 2227.
16. Kent City Code Section 6.03, Improvement Plan Approval and
Inspection Fees.
17. Kent City Code Section 7.05, Storm and Surface Water Drainage
Utility.
18. City of Kent Comprehensive Sewer Plan.
19. City of Kent Fire Master Plan.
20. Kent City Code Section 11.06, Critical Areas.
B. It is recommended that a Mitigated Determination of Nonsignificance
(DNS) be issued for this project, with the following conditions:
1. Prior to Recording the Short Subdivision:
a. The subdivider shall pay all known Charges in Lieu of
Assessments and/or Latecomer Fees, if any.
b. The applicant shall demonstrate that adequate water supply
will be available to provide the utility and fire suppression
needs for any proposed development.
c. The applicant shall submit a final short plat map and
conceptual development plans showing the following details:
i. The Green River Trail and its vicinity placed in a separate
tract, parcel, or easement that clearly expresses the right
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and responsibility for accessing and maintaining the facility
and its environs by the City of Kent Parks and Recreation
Department and for recreational use of the facility by the
public.
ii. The levee and its future 500-year flood protection level
placed in a separate tract, parcel, or easement that clearly
expresses the right and responsibility for accessing,
constructing, and maintaining it by the City of Kent Public
Works Department and the King County Flood Control
District.
2. Prior to the issuance of a Construction Permit on any lot in this
short subdivision, the applicant shall:
a. Establish the necessary property rights to construct
improvements on Lots 1-5 of the proposed short plat as
contemplated in City-approved construction plans.
b. Record the short plat.
c. Submit and receive City approval of Street Improvement
Plans for West Meeker Street as discussed in Section III.M,
above, and as detailed in a binding development agreement
or as approved by the City of Kent Public Works Department.
d. Submit and receive City approval of plans for the onsite
water, sewer, and stormwater utilities, access driveways,
recreation facilities, grading, erosion control, paving,
landscaping, and other site improvements, consistent with
Kent City Code and Kent Design and Construction Standards
or as established in a binding development agreement.
e. Submit and receive City approval of plans for Downtown
Design Review for the location and design of any buildings,
structures, landscaping, paving, furniture, or other amenities
to be provided as part of this development, or as established
in a binding development agreement.
f. The applicant shall pay all transportation impact fees, school
impact fees, parks mitigation fees, Storm Water Utility
connection fees, and any other mitigation fees applicable by
code or as detailed in a binding development agreement.
3. Prior to City acceptance of public infrastructure improvements,
the developer/ subdivider shall dedicate the required right-of-
way and grant the public and private easements, covenants,
and agreements for any constructed public improvements.
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KENT PLANNING SERVICES
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A_
CONSENT CALENDAR
7. City Council Action:
Councilmember moves,
Councilmember seconds
to approve Consent Calendar Items A through G.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and council meeting of July 5, 2017.
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Kent City Council Workshop July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 2
Date: July 5, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Jim Berrios, Councilmember
Tina Budell, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Council President Boyce opened the meeting at 5:02 p.m.
Agenda:
1. Update on Chambers Technology:
Mike Carrington, Information Technology Director, Melissa Janson, Project Manager
Business Analyst and Patti Belle, Multimedia Manager, provided Council with an
update on the Chambers technology project.
Melissa reviewed the timeline of the project that will take place July 6 – 17, 2017.
Patti Belle reviewed the changes that will be made to the Chambers and identified
locations of the new equipment.
Mike indicated the project is on time and expressed his appreciation for the work
done by Patti and Melissa.
2. Open Public Meetings Act:
Tom Brubaker, City Attorney provided a case law update regarding what can be
discussed during executive session when considering the price to sell property.
Tom advised that when selling property, the Council should have a robust
conversation of market factors in open session, prior to going into executive session
where discussion can only take place regarding the minimum price to sell property.
3. Mid-Biennium Budget Preview and Fiscal Cliff:
Aaron BeMiller, Finance Director, recognized Senior Financial Analysts: Kathleen
Etheredge, Michelle Ferguson, Shane Sorenson, and Deputy Finance Director
Barbara Lopez for their work on the budget.
Aaron provided an update on the 2018 mid-biennium review guidance to staff and
indicated that any additional budget requests will be stringently evaluated against
specific criteria.
Aaron reviewed the 2018 budget calendar and indicated there is a tight timeline to
get the budget to Council by December 12, 2017.
Aaron reviewed the general fund 6-year forecast with 2018 baseline adjustments
and annexation impacts; general fund 6-year forecast with 2018 baseline
adjustments, annexation impacts, and 4 new FTEs each year and revenue sources.
Kent City Council Workshop July 5, 2017
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Aaron indicated other considerations include: continuing to look at sustainable and
balanced budgets; resolve the $2.3m baseline budget gap for 2018, address the
annual, ongoing structural imbalance, determine how to address annexation sales
tax credit impacts in 2018 mid-biennium budget, and begin to plan for the loss of
streamline sales tax credit dollars.
Aaron indicated the next steps include the Mayor proposing a balanced 2018 mid-
biennium budget adjustment, that the council process will begin in late September,
2017, and to continue conversations regarding policy direction on sustainability
strategies.
The Council suggested comparing Kent with other cities to determine how Kent can
be more efficient and evaluate how other cities are able to gain revenue to support
adequate staff. The Council also suggested having conversations with the staff and
community to help formulate a plan to address budget issues.
Council President Boyce adjourned the meeting at 6:04 p.m.
Kimberley A. Komoto
City Clerk.
July 5, 2017
Kent City Council Regular Meeting July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 1 of 8
Date: July 5, 2017
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Suzette Cooke, Mayor
Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7:02 p.m. with Mayor Cooke presiding.
2. Roll Call
Mayor Cooke – Present
Council President Boyce - Present
Tina Budell, Councilmember - Present
Jim Berrios, Councilmember - Present
Brenda Fincher, Councilmember – Excused Absence
Dennis Higgins, Councilmember - Present
Dana Ralph, Councilmember - Present
Les Thomas, Councilmember - Present
3. Changes to the Agenda
Derek Matheson, Chief Administrative Officer, added items:
4G Fireworks Update – Assistant Chief Kammerzell
7L Excused Absence for Councilmember Fincher
Council President Boyce moved to approve the agenda as presented.
Councilmember Budell seconded the motion.
The motion passed 6 - 0.
4. Public Communications
A. Public Recognition:
Councilmember Ralph thanked the volunteers from the Parks, Public Works, Police,
and Fire departments for their work during the Splash at the Lake Meridian Park on
the Fourth of July.
Mayor Cooke recognized Ryan Caroll, Maintenance Worker IV, as the July Employee
of the Month.
B. Community Events
Kent City Council Regular Meeting July 5, 2017
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Pending Approval
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Council President Boyce encouraged everyone to visit ShoWareCenter.com for
upcoming events. Boyce also thanked Ryan Hart, former Director of Sales and
Marketing for the ShoWare Center, for his hard work while working for the ShoWare
Center.
Councilmember Ralph conveyed that the Summer Concert Series begins July 11,
2017, that includes Take Out Tuesdays at Kent Station, Wednesday Kids
performances at Town Square Plaza, Wednesday night concerts at Kent Station,
and Thursday concerts at Lake Meridian Park. Visit Kentarts.com for more
information.
Mayor Cooke indicated Cornucopia Days, that is organized by the Kent Lions Club is
coming up soon.
C. Appointment to Parks and Recreation Commission:
Mayor Cooke recommended Brandon Parsons as a member of the Parks and
Recreation Commission. Brandon Parsons spoke to the Council and expressed his
desire to contributed to the community by serving on the Parks and Recreation
Commission.
D. Proclamation – National Parks and Recreation Month:
Garin Lee, Parks Operations Superintendent, provided information regarding the
National Parks and Recreation month.
E. Economic and Community Development Update:
Ben Wolters, Economic and Community Development Director provided an
Economic and Community Development Department update, including the decision
by Blue Origin that they have selected Huntsville, Alabama as the site for their full-
scale rocket engine production. This will only go into effect if/when Blue Origin
receives a contract to provide rocket engines to one of the major rocket/launch
companies. Ben indicated that Kent was not selected since we did not have 40
acres available, and that Washington did not have the same incentives as Alabama
offered. Ben indicated that Jeff Bezos, the owner of Blue Origin, indicated that Blue
Origin will continue to use their Kent facility and expand their plant.
Ben indicated Kent’s industrial market is hot and there is a historically low vacancy
rate. There is a strong market demand, low vacancies, and the short supply will
keep the market fiercely competitive for some time.
F. Intergovernmental Reports:
Council President Boyce serves on the Sound Cities Association Policy Board –
Public Issues Committee. No report.
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative Committee. No Report.
Kent City Council Regular Meeting July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 3 of 8
Councilmember Higgins serves on the King County Regional Transit Committee.
During the June 21, 2017, meeting there were discussions on the Community
Connections Program – Alternative Services. Kent applied for and received an
award through the program. The Committee provided explanation on the
application review process. The Committee also discussed Metro’s on time
performance. More information can be found on the King County Regional Transit
Committee’s website.
Councilmember Higgins reported on the King County Mental Illness and Drug
Dependency (MIDD) Advisory Committee in Councilmember Fincher’s absence.
Councilmember Higgins indicated that during the last meeting, the committee
discussed Medicaid matching funds and wide-range programming effects. Higgins
will follow-up with the committee to obtain the minutes so that they are included in
our minutes.
Councilmember Berrios serves on the Puget Sound Regional Council Economic
Development Board. The next meeting is scheduled for July 12, 2017, and it is
hoped that the regional strategic plan will be finalized.
Councilmember Ralph serves on the King County Regional Law Safety & Justice
Committee. No report.
Councilmember Ralph serves on the Transportation Policy Board. No report
G. Preliminary Fireworks Report – Assistant Chief Derek Kammerzell
Assistant Chief Kammerzell provided the Council with a detailed report on
fireworks-related calls during the week of July 1 – 5, 2017. Kammerzell indicated
that this year, the Police Department set out to consistently and fairly enforce the
fireworks ordinance. Kammerzell thanked Michelle Wilmot, Communications
Manager, for all her work in preparing and coordinating the entire communications
plan.
Assistant Chief Kammerzell’s complete report is included in these minutes.
5. Public Hearing
None.
6. Public Comment
Marvin Eckfeldt spoke as a representative of the Cultural Community Board and
provided a brief history of the Board.
Richard Wilkinson provided suggestions to the Council encouraging a better job of
involving participation of full community, doing a better job of informing the public
on the fireworks ban, and getting industries involved in coming up with strategies
and solutions to budget issues.
Kent City Council Regular Meeting July 5, 2017
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Pending Approval
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Nick Wilson invited the public to International Friendship Day on August 6, 2017
from 1-3 p.m. at Town Square Park 31600 Peter Von Reichbauer Way S., in Federal
Way.
Gwen Allen-Carston, Kent Black Action Commission’s executive director read Senate
Resolution 8668, by Senator Fain. The Resolution recognized June 19th as
Juneteenth as a celebration of the Emancipation Proclamation and the ending of
slavery in the state of Texas, Senate Resolution 8668. The Resolution also
recognized the Kent Black Action Commission for its efforts in celebrating
Juneteenth in the City of Kent.
7. Consent Calendar
Council President Boyce moved to approve the Consent Calendar items A
through L seconded by Thomas. The motion passed with a vote of 6-0.
A. Minutes of Previous Meetings and Workshops – Approve
The minutes of the workshop and regular council meeting of June 20, 2017, were
approved.
B. Approval of Bills – Approve
Bills received through May 31, 2017, and paid on May 31, 2017, after auditing by
the Operations Committee on June 20, 2017 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
05/31/17 Wire Transfers 7120-7132 $1,648,378.96
05/31/17 Regular Checks 714219-714595 $5,585,017.00
05/31/17 Payment Plus $94,064.67
Void Checks $0.00
05/31/17 Use Tax Payable $4,417.36
$7,331,877.99
Approval of checks issued for payroll for May 16 through May 31, 2017, and
paid on June 5, 2017:
Date Check Numbers Amount
06/5/17 Checks 0 $0.00
Voids and Reissues
06/5/17 Advices 388258-389163 $1,627,532.01
$1,627,532.01
Kent City Council Regular Meeting July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 5 of 8
C. Centennial Parking Garage Glazing Project – Accept as Complete
Council accepted the installation of ballistic barriers on portions of the Centennial
Center Parking Garage as complete.
D. Appoint Brandon Parsons to the Kent Parks and Recreation
Commission – Confirm
Council confirmed the appointment of Brandon Parsons to the Kent Parks and
Recreation Commission for a three-year term.
E. Agreement with accesso Siriusware ShoWare Point of Sale
Replacement Project – Authorize
The Mayor was authorized to sign all necessary documents to enter into an
agreement with Siriusware/accesso to replace the existing point-of-sale system at
the accesso ShoWare Center, in an amount not to exceed $455,000, subject to final
terms and conditions acceptable to the Information Technology Director, and the
City Attorney.
F. Contract with Shearer Design, LLC, for LID 363: South 224th Street
Improvements (84th Avenue South to 88th Avenue South) – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with Shearer
Design, LLC, to provide structural engineering services for the South 224th Street
Improvements Project in an amount not to exceed $150,904.68, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
G. Contract with GeoEngineers for LID 363: South 224th Street
Improvements (84th Avenue South to 88th Avenue South) – Authorize
The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers
to provide geotechnical engineering services for the South 224th Street Improvements
Project in an amount not to exceed $190,138.00, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
H. South 228th Street Union Pacific Railroad Grade Separation Project - Port
of Seattle Reimbursement Agreement – Authorize
The Mayor was authorized to sign an agreement with the Port of Seattle committing to
the Port’s contribution of $595,000 toward the construction of the South 228th Street
Union Pacific Railroad Grade Separation Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
I. Annual On-Call Tree Removal Agreements - Authorize
The mayor was authorized to sign an agreement with VisionOne/ShoWare and
Thunderbird Hockey Enterprises amending the Arena Naming Agreement, subject to
final contract terms and conditions acceptable to the Economic & Community
Development Director and the City Attorney.
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Minutes Kent, Washington
Pending Approval
Page 6 of 8
J. Consultant Agreement with RH2 Engineers - Water System Plan Update –
Authorize
The Mayor was authorized to sign a Consultant Services Agreement with RH2
Engineering to complete the 2017 Water System Plan Update in an amount not to
exceed $366,775.00, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
K. Agreement with Elavon, Inc. for Showare Point-of-Sale Credit Card Chip
Readers - Authorize
The Mayor was authorized to sign all necessary documents to enter an agreement with
Elavon to provide EMV chip card readers related to bankcard transactions, subject to
final terms and conditions acceptable to the Information Technology Director and the
City Attorney.
L. Excused Absence for Councilmember Fincher – Approve
Council approved an excused absence for Councilmember Fincher as she is unable to
attend the City Council meeting of July 5, 2017.
8. Other Business
None.
9. Bids
A. Woodford Avenue North Drainage Improvement Project – Award
Tim LaPorte, Public Works Director, provided information on the Woodford Avenue
North Drainage Improvement Project.
Councilmember Higgins moved to award the Woodford Avenue North
Drainage Improvements Project to Northwest Cascade, Inc. in the amount
of $207,912.65 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director. Seconded by Councilmember Ralph. Motion passed
6-0.
B. 132nd Avenue SE Pedestrian Improvement Project (SE 251st Street –
SE 268th Street) – Award
Tim LaPorte, Public Works Director, provided information on the 132nd Avenue SE
Pedestrian Improvement Project.
Councilmember Higgins moved to award the 132nd Avenue SE Pedestrian
Improvements SE 251st Street to SE 268th Street Project to R.W. Scott
Construction Co., in the amount of $933,662.50 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. Seconded by
Councilmember Ralph. Motion passed 6-0.
Kent City Council Regular Meeting July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 7 of 8
10. Reports from Standing Committees, Council and Staff
Council President’s Report – Council President Boyce provided information
regarding the information presented during tonight’s workshop, including an update
on the technology changes that will be made to the Chambers, an update on
information that can be discussed during executive session, and an update on the
mid-biennium budget preview and fiscal cliff.
Mayor Cooke thanked Councilmember Higgins for representing her at the Puget
Sound Regional Council and for chairing the Council meeting while she attended the
Association of Washington Cities conference.
Mayor Cooke is still representing cities on the large cities committee at AWC and
Chief Administrative Officer, Derek Matheson was elected to the board representing
city administrators and managers.
Administration – Derek Matheson, Chief Administrative Officer, indicated there is
no executive session and his report is in the agenda packet.
Economic and Community Development – Council President Boyce. No report.
Operations – Councilmember Ralph indicated the committee recommended the
Council approve the contract for the new chip readers for the ShoWare Center. The
committee also heard an update on the annual audit process and a May financial
report.
Parks and Human Services – Councilmember Budell reported for Councilmember
Fincher. The Lake Meridian Park beach is open, lifeguards are on duty and
swimming is open. Information was provided regarding the Summer Play Program
and the free summer lunch program. Information is available at KentHero.com
regarding the Hero program, a free mobile recreation program. The free Kent Park
and Community Center at the Phoenix Academy is open for teens. The Cornucopia
5K fun run and walk is July 15, 2017, at 9 a.m.
Councilmember Budell indicated the Dog Days of Summer is August 5th, 10 a.m. – 2
p.m. at the Kent Activity Center.
Public Safety – Councilmember Berrios indicated that Assistant Chief Kammerzell
presented preliminary results on the fireworks ban and will present detailed
information during the July 18th City Council meeting.
Public Works – Councilmember Higgins. No Report.
Puget Sound Regional Fire Authority – Councilmember Thomas indicated the
next meeting is scheduled for July 19th at 5:30 p.m. and will be held at station 78 in
Covington. On July 24th, a meet and greet of the potential new fire chief will be held
Kent City Council Regular Meeting July 5, 2017
Minutes Kent, Washington
Pending Approval
Page 8 of 8
at the Kent Senior Center. On July 25th, the committee will make a decision on who
will be hired as the Puget Sound Regional Fire Authority Chief.
11. Executive Session and Action after Executive Session
None.
12. Adjournment
At 8:19 p.m., Mayor Cooke adjourned the meeting.
Kimberley A. Komoto
City Clerk
July 5, 2017
Agenda Item: Consent Calendar – 7B_
7B. Approval of Bills:
Approval of payment of the bills received through June 15, 2017, and paid on
June 15, 2017, after auditing by the Operations Committee on July 5, 2017.
Approval of checks issued for vouchers:
Date Check Numbers Amount
06/15/17 Wire Transfers 7133-7151 $2,280,684.75
06/15/17 Regular Checks 714596-715197 $3,232,828.46
06/15/17 Payment Plus $147,523.81
Void Checks ($590.56)
06/15/17 Use Tax Payable $7,526.24
$5,667,972.88
Approval of checks issued for payroll for June 1 through June 15, 2017, and paid
on June 20, 2017:
Date Check Numbers Amount
06/20/17 Checks 0 $0.00
Voids and Reissues
06/20/17 Advices 389164-390028 $1,576,988.33
$1,576,988.33
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: July 18, 2017
SUBJECT: Appoint Paul Hintz to the Land Use and Planning Board – Confirm
SUMMARY: Confirm appointment of Paul Hintz to the Land Use & Planning Board for
three-year term ending December 31, 2020.
Paul Hintz is a Panther Lake resident currently employed as a Senior Planner at the
City of Renton. As a planner, he has in-depth knowledge of city, county and state
codes, land use regulations, along with economic development.
Paul serves as Renton’s representative to the King County-Cities Climate Collaboration
Consortium and is staff liaison to Renton’s Benson Hill Community Plan Advisory
Board. He also works closely with the Renton Planning Commission and City Council.
It is my pleasure to recommend Paul Hintz for appointment to the Land Use &
Planning Board.
EXHIBITS: None.
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the Mayor’s appointment of Paul Hintz to the Land Use &
Planning Board.
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Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: July 18, 2017
SUBJECT: Appoint Shane Amodei to the Land Use and Planning Board - Confirm
SUMMARY: Confirm appointment of Shane Amodei to the Land Use & Planning Board
filling a vacant position that expires December 31, 2018.
Shane Amodei resides in the Meridian Place neighborhood on Kent’s east hill. Shane
retired from Boeing where he worked in Finance. Shane has been active outside of
work in scouting, the Washington Alpine Club and his church. He is currently vice chair
of SeaBacs, a maritime organization consisting of Boeing employees and retirees.
Mr. Amodei would like to become involved in his community now that he is retired and
cited transportation challenges, pedestrian safety, open space, road congestion and
downtown Kent as his priorities.
I am pleased to recommend Shane Amodei for appointment to the Land Use &
Planning Board.
EXHIBITS: None.
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
MOTION: Confirm the Mayor’s appointment of Shane Amodei to the Land
Use & Planning Board.
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: July 18, 2017
SUBJECT: Resolution Recognizing the Vila Real Neighborhood Council – Adopt
SUMMARY: The Vila Real neighborhood consists of 128 households and is located on
Kent’s East Hill. The neighborhood has completed the process to be recognized as a
neighborhood council.
The City’s Neighborhood Program is an initiative designed to foster better
communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
The program encourages organization of neighborhood councils, which serve as
independent, non-profit organizations promoting resident-based efforts for
neighborhood improvements while also establishing a partnership between City
government and the neighborhoods they serve.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce, Budell NAY:
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. ____, recognizing the Vila Real
Neighborhood Council, supporting its community building efforts, and
conferring on it all opportunities offered by the City’s neighborhood
program.
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1 Vila Real
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the
city of Kent, Washington, recognizing Vila Real
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of
Kent encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among
residents and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood
councils by endorsing a process to establish neighborhood boundaries,
approve neighborhood councils, and provide neighborhood grant matching
program opportunities to make improvements in defined neighborhoods.
C. The Vila Real neighborhood consists of one hundred and
twenty-eight households.
D. The Vila Real neighborhood is located on Kent’s East Hill and
is situated generally to the east of 110th Avenue S.E., to the north of S.E.
204th Street, to the west of Panther Lake and to the south of S.E. 200th
2 Vila Real
Neighborhood Council Resolution
Street. The Neighborhood is shown on Exhibit A, attached and
incorporated by this reference.
E. On March 8, 2017, the Vila Real Neighborhood submitted an
official registration form to request that the City recognize the Vila Real
Neighborhood Council and to allow the Neighborhood to take part in the
City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City
Council for the city of Kent hereby acknowledges the effort and
commitment of the Vila Real neighborhood and all those who participated in
forming the Vila Real Neighborhood Council. The Kent City Council hereby
recognizes Vila Real Neighborhood Council as an official Neighborhood
Council of the city of Kent, supports Vila Real Neighborhood Council
community building efforts, and confers on the Vila Real Neighborhood
Council all opportunities offered by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
3 Vila Real
Neighborhood Council Resolution
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of July, 2017.
CONCURRED in by the mayor of the city of Kent this ______ day of
July, 2017.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution
No. passed by the city council of the city of Kent, Washington, the
day of July, 2017.
KIMBERLEY A. KOMOTO, CITY CLERK
P:\Civil\Resolution\Neighborhoodcouncilvilareal 7-10-17.Docx
Exhibit A
4 Vila Real
Neighborhood Council Resolution
Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: July 18, 2017
SUBJECT: Sound Transit Service Agreement – Project Review and Permitting -
Authorize
SUMMARY: On January 12, 2017, the City and Sound Transit executed a
Memorandum of Understanding pertaining to working cooperatively to move forward
the Federal Way Link Extension project. As of that date, Sound Transit is willing to
reimburse the City for staff time spent on reviewing proposals for design of stations
and infrastructure, establishing a permit process for design/build, ensuring appropriate
staff resources to facilitate faster turnaround on reviews and approvals, and other
components which ultimately may be included in a development and transit way
agreement for the project.
Attached is the draft agreement for the overall City services agreement and Task One
for the Request for Proposals to design/build contractors. There may be other task
orders that are created for other components of the project, or the City may
determine that the typical permitting fees will be sufficient to pay for City services, or
there may be a combination of both a services agreement and permitting fees.
EXHIBITS: Draft Agreement and Task Order 1
RECOMMENDED BY: Economic & Community Development Committee
YEA: Berrios, Boyce, Budell NAY:
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign all documents necessary to approve
the City Services Agreement and Task Order #1 pertaining to
reimbursement of staff time for establishing performance requirements to
be included in the Request for Proposals to design/build contractors for
the Federal Way Link Extension, subject to final approval by the Chief
Administrative Officer and City Attorney.
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CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR CITY COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING
This Agreement is entered into between the City of Kent (City), a Washington municipal corporation,
and Sound Transit, a regional transit authority of the State of Washington for the purposes set forth
below.
RECITALS
A. The City is a non-charter municipal code city incorporated under the laws of the State of
Washington, with authority to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and for other lawful purposes.
B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112
RCW with all powers necessary to implement a high capacity transit system within its boundaries in
King, Pierce, and Snohomish Counties.
C. The City is responsible for administering state and local land use laws and development
regulations that will apply to Sound Transit projects located within the City jurisdiction. The City is also
responsible for managing streets and municipal utilities within its jurisdiction and for providing
municipal services such as public safety.
D. The Sound Transit Long Range Transit Plan identifies the Federal Way Link Extension (FWLE)
Project within the City’s jurisdiction.
E. Sound Transit completed environmental review of the FWLE Project with the issuance of a Final
Environmental Impact Statement (EIS) on November 18, 2016 and the Sound Transit Board identified
the project to be built by passing Resolution R2017-02 on January 26, 2017. The Federal Transit
Administration (FTA) issued a Record of Decision on March 6, 2017 and the Federal Highway
Administration (FHWA) issued a Record or Decision on March 9, 2017.
1. General
1.1 Purpose. Sound Transit’s FWLE Project includes facilities to be constructed within the City’s
jurisdiction. Interaction will be required between the City and Sound Transit to prepare, review and
approve agreements, prepare construction plans and to secure property rights, permits, and approvals
from the City for the construction of Sound Transit’s facilities. The intent of this Agreement is to
establish a task order process for Sound Transit to pay the City for the costs of providing various review
and approval services that will be necessary to design, permit and construct Sound Transit facilities
within the City.
2. Designated Representatives
The City and Sound Transit have designated formal points of contact and coordination for this
Agreement as shown below. Each designated representative is responsible for coordinating the input
and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The
Parties may change designated representatives by written notice to the other Party during the term of
this Agreement. Task orders may designate other individuals as points of contact for each task order.
City
Name Ben Wolters
Title Economic & Community Dev. Director
Address 400 W. Gowe Street
Kent WA 98032
Phone 253-856-5703
Email bwolters@kentwa.gov
Sound Transit
Name Dan Abernathy
Title Project Director
Address 401 S. Jackson Street
Seattle, WA 98104-2826
Phone (206) 903-7170
Email dan.abernathy@soundtransit.org
3. Cooperation and Good Faith Efforts
3.1 The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard, communication of
issues, changes, or problems that arise with any aspect of the work should occur as early as possible in
the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively
and in good faith toward resolution of any such issues.
The Parties acknowledge that this Agreement contemplates the execution and delivery of additional
documents in the future, such as the Development Agreement, which will define the development
regulations for this Project and establish a vesting date, as well as the required construction permits.
The Parties agree to provide the necessary resources and to work in good faith to develop the final form
and contents of such documents, instruments and permits, and to execute and deliver the same
promptly.
4. Environmental Review
4.1 Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and
other agencies with jurisdiction, Sound Transit has completed the substantive and procedural
environmental review for the Project in accordance with SEPA requirements. The environmental review
covers the City’s issuance of permits for the Project as well as environmental mitigation, and the City will
use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent
with WAC 197-11-600. The foregoing is not intended to limit the City’s authority to impose reasonable
permit conditions pursuant to its development regulations.
5. Essential Public Facilities
5.1 The Parties agree that the FWLE Project is a regional transportation facility that has the status of
an essential public facility (“EPF”) and that the requirements of RCW 36.70A.200 are applicable. Under
RCW 36.70A, the City may not utilize development regulations to render impracticable Sound Transit’s
decisions on siting and location of the Project; however, the City may impose reasonable permit
conditions on the Project.
6. Task Orders for City Services
6.1 General Approach. Sound Transit agrees to pay the City for the costs associated with particular
tasks that:
• Are required because of the implementation of Sound Transit’s FWLE Project in the City and
• Sound Transit asks the City to undertake.
This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the City
would otherwise follow. City services are described in further detail in Section 6.3.
In general, Sound Transit will not pay the City for the costs associated with the following:
• Coordination between Sound Transit and the City normally provided as between government
agencies.
• City services provided in the ordinary course of business and on the City’s usual time and
schedule.
• City services that Sound Transit will pay for under existing land use, permitting, or other City fee
schedules.. An exception to this exclusion would occur if a task order or other agreement
establishes a different payment structure in lieu of the established payments and fees.
6.2 Task Orders. Prior to any payment under this agreement, a task order must be prepared and
executed by the Parties for each work effort to be covered by this Agreement. A list of possible task
orders is attached as Exhibit A. Task orders shall be in a format similar to that shown in Exhibit B. Each
task order shall contain a scope of work, a detailed cost estimate, and a detailed schedule of work so
that the City can determine staff resources needed for the Project. The cost estimate shall establish a
maximum funding level for the task order. Each task order shall be executed by authorized
representatives of Sound Transit and the City and shall incorporate by reference the provisions of this
Agreement.
6.3 City Services. Task orders may address some or all of the following types of activities as
appropriate to the project or phase. Each task described below is optional and should only be included
in Task Orders when the City and Sound Transit agree it is appropriate. Sound Transit shall provide an
overall project schedule to the City prior to executing any task order.
A. Project Administration.
A.1. Coordination and Communication. Activities including participation at regularly scheduled
project-level coordination meetings and providing on-going project management activities, as
well as central coordination of all submittal reviews, comment coordination and consolidation,
and identification of projects or proposals (i.e. municipal utility or public works projects or
private development projects) that have the potential to conflict with or interfere with Sound
Transit’s Projects.
A.2 Management and Administration. Project management activities including staffing, budget,
and schedule management, progress reports and invoicing, and other related activities.
A.3 Agreements. Review and approval of Memoranda of Understanding, Development
Agreements, Services Agreements, Task Orders and other related activities.
B. Design Review. Project design review consisting of informal “over the shoulder” (OTS)
reviews and formal design submittals for which the City is expected to provide formal comments
to Sound Transit.
B.1. OTS Review. OTS review meetings may be scheduled on an as-needed basis to keep Project
team members apprised of developments in the design process, seek feedback or concurrence
from the City on aspects of the design as it is progressing, and to determine whether the design
is consistent with City codes and regulations.
B.2. Formal Submittals. Sound Transit will occasionally submit design review packages to the City
for formal review and comment during the earlier project phases and regularly during the
permitting and construction phases. The design review packages, including specific timeframes
for Sound Transit to provide advance notification to the City and for City review, are to be
described in the scopes of work included in Task Orders. If the City foresees that comments will
not be returned within the agreed upon timeframe, the City shall notify Sound Transit of the
delay as soon as possible so the Parties can determine an acceptable solution. City comments
should identify any aspects of the design that do not meet City codes and regulations so the
inconsistency can be corrected.
C. Planning and Design Coordination.
C.1 Station Access Improvements. Coordination between the City and Sound Transit with regard
to station access improvements, such as placement of kiss and ride facilities, ride share services,
and other emerging technologies, transit integration, wayfinding, and non-motorized access
improvements.
C.2 Transit Oriented Development (TOD). City services to partner with Sound Transit to
incorporate TOD principles during project design and permitting and to support Sound Transit in
evaluating TOD opportunities on Sound Transit owned properties that will no longer be needed
after construction is complete, or opportunities for development around Sound Transit facilities.
C.3 Right-of-Way. Coordination between the City and Sound Transit with regard to City ROW.
This may include review of a Development and Transit Way Agreement, necessary temporary
easements or street vacations, or any other actions/transfers involving City ROW.
C.4 Joint Projects or Partnerships. City services that meet the general approach described in
Section 6.1 where partnership will occur for a related separate City project, that ST may be
contributing to as mitigation or project enhancement, or if there is a third party project (private,
WSDOT, utility) that ST and the City need to coordinate with, or if there is something specific
that ST needs to incorporate into the Sound Transit Project.
D. Permits and Approvals.
D.1. Establish Permit Process. City coordination with Sound Transit to determine a streamlined
and consolidated permitting process for the Project that would allow for the City to review and
process permits in the most expeditious manner allowable under applicable laws. This may
include the preparation of a development and transit way agreement, development code
amendments, or other types of documents to implement a permitting process.
D.2. Permitting and Inspection Activities. City permitting activities directly related to permit
processing, approval and issuance, including inspections, if these activities are not already
provided for through standard permitting fees.
E. Other Services. Other services as deemed appropriate by the City and Sound Transit.
6.4 Eligible Costs. The following types of expenditures shall be eligible for reimbursement:
• Direct project costs including labor charges at the employees’ current salary rates, any
incremental raises they may receive during the Task Order period, applicable employee benefits
and overhead.
• Direct non-salary costs reimbursed at the actual cost to the City, including but not limited to
travel expenses or meeting room charges.
• All consultant costs that are consistent with the activities identified in the Task Order Scope of
Work and within the Task Order Cost Estimate.
• This Agreement does not cover the City’s normal capital and operating expenses such as
buildings, office equipment, maintenance, security, utilities, or vehicles, except those expenses
normally included in the City’s cost-based fee calculation for services. However, if the City
requires additional personnel to fulfill its obligations under this Agreement and additional
workspace is required for such personnel, the City and Sound Transit agree that the expenses
for additional staff accommodations is not normal and each party agrees to negotiate the
allocation of any such expenses in good faith.
6.5 Performance. If the City does not perform the services according to the Task Orders, does not
provide formal review comments within the Design Submittal review times set forth in Section 6.3, or
fails to identify development code conflicts that require design changes during the permitting process
and if the failure to perform is solely attributable to the City's actions or inactions, corrective action
must be taken by the City. Appropriate corrective action will first be established by the City and Sound
Transit Designated Representatives. Should corrective action not resolve the problem within one (1)
week, the dispute resolution process may be commenced. This Section 6.5 is not intended to create any
financial liability on the part of City. However, Sound Transit and the City may agree to specific
resolutions including a reduction in the fees owed by Sound Transit to the City.
7. Invoicing
7.1 The City shall submit invoices and supporting documentation for task order payments. The
invoices must include the appropriate purchase order number, which Sound Transit will provide after
execution of each task order, a cover memo including a description of services provided by the City, and
supporting documentation detailing the work completed and associated costs.
7.2 The City shall submit its invoices with the required documentation via email or mail to
AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St., Seattle, WA
98104-2826. Invoices are payable thirty (30) days upon Sound Transit's receipt of the invoice and
acceptable documentation. The payment documentation shall identify the invoice number and any
differences between the invoice and payment.
7.3 If Sound Transit determines that an invoice lacks sufficient documentation to support payment,
Sound Transit will notify the City of its determination within five (5) business days of receipt of the
invoice and request that the City provide additional documentation. Sound Transit may withhold
payment for contested portions of the invoice until supporting documentation for the contested
portions are provided, however such approval shall not be unreasonably withheld.
8. Suspension and Termination
8.1 If the City has not received payment from Sound Transit as provided in Section 7, the City may
suspend performance of all or any part of the associated work after giving Sound Transit thirty (30) days’
notice of City’s intent to do so. Such suspension shall remain in effect until payment is made in full, at
which time the suspension shall be lifted.
8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 10 has failed to
reach resolution within the timelines described therein. The Party wishing to terminate this Agreement
for cause shall provide the other Party with notice of its intent to terminate and shall give the other
Party an opportunity to correct the failure to perform or breach within thirty (30) days of the notice or
within such longer period as may be necessary in the event that correction cannot reasonably be
accomplished within thirty (30) days. If the failure or breach is not corrected or cured, this Agreement
may be terminated by the aggrieved party by giving ninety (90) days’ notice to the other Party.
8.3 This Agreement shall also terminate with the mutual consent of both parties.
8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any costs
incurred prior to proper notification of termination will be borne by the Parties in accord with the terms
of this Agreement.
9. Indemnity
9.1 Each Party agrees to hold harmless, indemnify, and defend the other Party, its officers, agents,
and employees, from and against any and all claims, losses or liability, for injuries, sickness or death of
persons, including employees of the indemnifying Party, or damage to property, arising out of any willful
misconduct or negligent act, error, or omission of the indemnifying Party, its officers, agents, or
employees, in connection with the services required by this Agreement, provided, however, that:
9.1.1 The indemnifying Party’s obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the sole willful
misconduct or sole negligence of the other Party, its officers, agents or employees; and
9.1.2 The indemnifying Party’s obligations to indemnify, defend and hold harmless for
injuries, sickness, death or damage caused by or resulting from the concurrent negligence or
willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party
and a third party other than an officer, agent, or employee of the indemnifying Party, shall apply
only to the extent of the negligence or willful misconduct of the indemnifying Party, its officers,
agents, or employees.
9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in
relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its officers,
agents and employees harmless from any tax liability owed by other Party arising from or related to the
transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and/or interest
that are assessed by any tax authority against the indemnifying Party and further including all attorneys’
fees and costs incurred in response to any claims or assessments by any tax authority against
indemnifying Party, its officers, agents and employees.
9.3 The obligations in this Section shall survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or completion.
10. Dispute Resolution
10.1 Prior to taking or joining any action in any judicial or administrative forum to challenge actions
of the other party associated with the Agreement, the Parties agree to follow the dispute resolution
process set out in this section.
10.2 The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at
the lowest level possible.
10.3 Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be governed under
the dispute resolution provisions in this Section. The Parties agree that cooperation and communication
are essential to resolving issues efficiently.
10.4 Either Party may refer a dispute to the dispute resolution process by providing written notice of
such referral to the other Party’s Designated Representative. The Parties agree to use their best efforts
to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging
in the following dispute resolution process should any such disputes arise:
10.4.1 Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If
they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level
One, either party may refer the dispute to Level Two.
10.4.2 Level Two - Sound Transit’s Executive Project Director, and the City’s Public Works and
Economic and Community Development Directors shall meet to discuss and attempt to resolve
the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) days
after referral of that dispute to Level Two, either party may refer the dispute to Level Three.
10.4.3 Level Three - Sound Transit’s Executive Director, Engineering and Construction
Management or Designee and the City’s Chief Administrative Officer or Designee shall meet to
discuss and attempt to resolve the dispute in a timely manner.
10.5 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
Three within fourteen (14) days after referral of that dispute to Level Three, the Parties are free to file
suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as
mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform any
undisputed obligations and make any undisputed required payments under this Agreement in the same
manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this
Agreement to the contrary, neither party has an obligation to agree to refer the dispute to mediation
nor other form of dispute resolution following completion of Level Three of the process described
herein. Such agreement may be withheld for any reason or no reason.
11. Remedies and Enforcement
11.1 The Parties reserve the right to exercise any and all of the following remedies, singly or in
combination, and consistent with the dispute resolution and default Sections of this Agreement, in the
event the other violates any provision of this Agreement:
11.1.1 Commencing an action at law for monetary damages;
11.1.2 Commencing an action for equitable or other relief;
11.1.3 Seeking specific performance of any provision that reasonably lends itself to such
remedy; and/or
11.1.4 Each party shall be responsible for its own attorney’s fees and costs.
11.2 All remedies set forth above are cumulative and the exercise of one shall not foreclose the
exercise of others.
11.3 Neither Party shall be relieved of its obligations to comply promptly with any provision of this
Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure
to enforce shall not constitute a waiver of rights or acquiescence in the other Party’s conduct.
12. Duration of Agreement
12.1 This Agreement shall take effect upon the last date of signature by the Parties as set forth
below. This Agreement shall remain in effect until all Sound Transit Projects contemplated by this
Agreement are completed and open to the public, unless this Agreement is extended by mutual
agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner
terminated as provided in Section 8 above.
13. Warranties
13.1 By execution of this Agreement, the City warrants:
13.1.1 That the City has the full right and authority to enter into and perform this Agreement,
and that by entering into or performing this Agreement the City is not in violation of any law,
regulation or agreement by which it is bound or to which it is bound or to which it is subject; and
13.1.2 That the execution, delivery and performance of this Agreement by the City has been
duly authorized by all requisite corporate action, that the signatories for the City hereto are
authorized to sign this Agreement, and that upon approval by the City, the joinder or consent of
any other party, including a court or trustee or referee, is not necessary to make valid and
effective the execution, delivery and performance of this Agreement.
13.2 By execution of this Agreement, Sound Transit warrants:
13.2.1 That Sound Transit has the full right and authority to enter into and perform this
Agreement, and that by entering into or performing this Agreement Sound Transit is not in
violation of any law, regulation or agreement by which it is bound or to which it is bound or to
which it is subject; and
13.2.2 That the execution, delivery and performance of this Agreement by Sound Transit has
been duly authorized by all requisite corporate action, that the signatories for Sound Transit
hereto are authorized to sign this Agreement, and that upon approval by Sound Transit, the
joinder or consent of any other party, including a court or trustee or referee, is not necessary to
make valid and effective the execution, delivery and performance of this Agreement.
14. Administration of Agreement
14.1 This Agreement will be jointly administered by Sound Transit’s Designated Representative and
the City’s Designated Representative.
14.2 Each Party shall bear its own costs of administering this Agreement.
14.3 Each party shall be responsible for its own public records and public records requests.
15. Posting of Agreement
15.1 Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter
and shall post a copy in an electronically retrievable source for public viewing in accordance with its
policy.
16. Assignment and Beneficiaries
16.1 Neither Party may assign all or any portion of this Agreement without the express written
consent of the other Party. There are no third party beneficiaries to this Agreement.
17. Notices
17.1 Unless otherwise provided herein, all notices and communications concerning this Agreement
shall be in writing and addressed to the Designated Representative.
17.2 Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii)
deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv)
delivered electronically to the other party’s Designated Representative as listed herein. However, notice
under Section 7, Suspension and Termination, must be delivered in person or by certified mail, return
receipt requested.
18. Audits
18.1 Sound Transit and the City shall maintain accounts and records, including contract and financial
records, which sufficiently and properly reflect all direct and indirect costs of any nature expended for
work performed under this Agreement so as to ensure proper accounting for all monies paid to the City
by Sound Transit. These records shall be maintained for a period of six (6) years after termination or
expiration of this Agreement unless permission to destroy the records is granted by the Office of the
Archivist pursuant to RCW Chapter 40.14 and agreed to by the City and Sound Transit.
19. General Provisions
19.1 The Parties shall not unreasonably withhold requests for information, approvals, or consents
provided for in this Agreement; provided, however, that approvals or consents required to be given by
vote of the Sound Transit Board or Kent City Council are recognized to be legislative actions. The Parties
agree to take further actions and execute further documents, either jointly or within their respective
powers and authority, to implement the intent of this Agreement provided, however, that where such
actions or documents must be first approved by vote of the Sound Transit Board or Kent City Council,
such actions are recognized to be legislative actions. The City and Sound Transit agree to work
cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement.
19.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the
State of Washington. Venue for any action under this Agreement shall be King County, Washington.
19.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit.
19.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this
Agreement, the reference to “days” shall mean calendar days unless otherwise noted. Any reference to
“working days” shall exclude any City holidays and weekend days. If any time for action occurs on a
weekend or legal holiday, then the time period shall be extended automatically to the next business day.
19.5 This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
19.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents
or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other
party.
19.7 This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document shall
apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be
interpreted to the full extent authorized by applicable law.
19.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
19.9 This Agreement and related task orders may be amended only by a written instrument executed
by each of the Parties hereto.
19.10 This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and all counterparts together shall constitute but one and the same instrument.
20. Severability
20.1 In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in
part, neither the validity of the remaining part of such term nor the validity of the remaining terms of
this Agreement shall in any way be affected thereby.
21. City’s Permitting and Regulatory Authority
21.1 Nothing in this Agreement shall be deemed a waiver of the City’s regulatory authority nor a
predetermination of the compliance of the Project with applicable codes and regulations.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized
representative affix his/her name in the appropriate space below:
SOUND TRANSIT THE CITY OF KENT
By:
Peter M. Rogoff, Chief Executive Officer
Date:
By:
Derek Matheson, Chief Administrative Officer
Date:
Authorized by Motion No.
M2017-68
Authorized by City Council
Motion on ______, 2017.
Approved as to form:
By:
Amy Jo Pearsall, Senior Legal Counsel
Approved as to form:
By:
Tom Brubaker, City Attorney
EXHIBITS
Exhibit A: Anticipated Task Orders under this Agreement
Exhibit B: Task Order Format
Exhibit A
Possible Task Orders
Task Order 1 - Federal Way Link Extension Request for Proposals Preparation Phase
Task Order 2 - Federal Way Link Extension Design-Build Procurement Phase
Task Order 3 - Federal Way Link Extension Permitting and Pre-Construction Phase
Task Order 4 - Federal Way Link Extension Construction Phase
Exhibit B
Task Order Format
CITY SERVICES AGREEMENT
BETWEEN THE CITY OF XX AND SOUND TRANSIT
FOR CITY SERVICES AND COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING
Task Order ___: Title
This Task Order is issued under the City Services Agreement between the City of XX and Sound
Transit for City Services and Fees Related to Sound Transit Project Review and Permitting dated
________, 2017. This Task Order establishes the scope, schedule, and budget for the services provided
by the City (Services) for the Sound Transit PROJECT/PHASE. The City agrees to perform the Services in
the manner set forth in this Task Order. The terms and conditions of the City Services Agreement are
incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is _________________, 20___.
Project Description. General Description of the work to be performed. May also include definitions if
helpful/appropriate.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Attachment 2 to this Task Order.
• The Cost Estimate is included as Attachment 3 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
______________________________________
Signature
______________________________________
Title
______________________________________
Date
Approved as to Form:
______________________________________
Name, City Attorney
For Sound Transit
______________________________________
Signature
______________________________________
Title
______________________________________
Date
Approved as to Form:
______________________________________
Name, Sound Transit Legal Counsel
Task Order Attachment 1: Scope of Work.
Provide detailed information regarding City Services contemplated by each task order. Use “Not used”
for items not included in the scope for consistency among task orders.
A. Project Administration.
A.1. Coordination and Communication.
A.2 Management and Administration.
A.3 Agreements.
B. Design Review.
B.1. OTS Review.
B.2. Formal Submittals.
C. Planning and Design Coordination.
C.1 Station Access Improvements.
C.2 Transit Oriented Development (TOD).
C.3 Right-of-Way.
C.4 Joint Projects or External Project Coordination.
D. Permits and Approvals.
D.1. Establish Permit Process.
D.2. Permitting and Inspection Activities.
E. Other Work.
Task Order Attachment 2: Estimated Schedule.
Task Start Month End Month
A.1. Coordination and Communication
A.2. Management and Administration
A.3 Agreements
B.1. OTS Review
B.2. Formal Submittals
C.1. Station Access
C.2. Transit Oriented Design
C.3. Right-of-Way
C.4. Joint Projects or Partnerships
D.1 Establish Permit Process
D.2. Permitting and Inspection Activities
Task Order Attachment 3. Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Spreadsheet to be inserted.
CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR CITY SERVICES AND COSTS RELATED TO FEDERAL WAY LINK EXTENSION
PROJECT REVIEW AND PERMITTING
Task Order 1: Request for Proposals Preparation
This Task Order is issued under the City Services Agreement between the City of Kent and Sound
Transit for City Services and Fees Related to Federal Way Link Extension Project Review and Permitting
dated ________, 2017. This Task Order establishes the scope, schedule, and budget for the services
provided by the City (Services) for the Federal Way Link Extension Project/Request for Proposals (RFP)
Preparation Phase. The City agrees to perform the Services in the manner set forth in this Task Order.
The terms and conditions of the City Services Agreement are incorporated into this Task Order unless
expressly modified below.
The effective date of this Task Order is January 12, 2017 (date of execution of the Memorandum of
Understanding).
Project Description. Work during the RFP Preparation phase will support the advertisement of a RFP for
a Design-Build Contractor to complete Final Design and Construct the FWLE Project. The RFP will contain
detailed Project Requirements that the Design-Build Contractor must meet. City involvement is needed
to provide input regarding codes, design and permitting prior to advertisement so that the Project
Requirements describe a project that complies with City codes and requirements.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Attachment 2 to this Task Order.
• The Cost Estimate is included as Attachment 3 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
______________________________________
Signature
______________________________________
Title
______________________________________
Date
Approved as to Form:
______________________________________
City Attorney
For Sound Transit
______________________________________
Signature
______________________________________
Title
______________________________________
Date
Approved as to Form:
______________________________________
Sound Transit Legal Counsel
Task Order 1 Attachment 1 – RFP Preparation: Scope of Work.
A. Project Administration.
A.1. Coordination and Communication. The key purpose of coordination and communication
during this phase is to identify and resolve key issues that need to be addressed in the Design-
Build RFP. Activities include participating in regularly scheduled (weekly or bi-weekly as needed)
project coordination meetings with Sound Transit and preparing for and following up on key
topics to advance resolution of issues for inclusion in the Project Requirements and
Development and Transit Way Agreement. Also included, is identification of and discussion
regarding projects or proposals (i.e. municipal utility or public works projects or private
development projects) that present partnership opportunities or the potential to conflict with
Sound Transit’s Projects.
A.2 Management and Administration. The key purpose of this task is to provide accurate and
timely project administration and production of quality work products. This task will be
continuous throughout the duration of this phase and includes the work necessary to set up and
staff the City’s participation in meetings and design review, monthly or quarterly invoicing,
monitoring and reporting progress, preparing for future Project phases, and providing overall
project coordination.
A.3 Agreements. The key purpose of this task is to provide for timely approval of task orders and
other relevant agreements.
B. Design Review.
B.1. Over the Shoulder (OTS Review). The key purpose of OTS review during this phase is to
ensure that the Project Requirements in the RFP and terms in the Development Agreement
capture City codes and regulations and describe where and how deviations from codes and
regulations may be granted. Close coordination, through the regularly scheduled meetings
referenced in A.1 and additional meetings as needed, will be necessary to advance, review and
communicate design developments with Project team members and to seek feedback or
concurrence from the City.
B.2. Formal Submittals. The RFP Preparation Phase includes two formal submittals; the Draft
RFP and Final RFP. As part of these submittals, city staff will review performance based and
prescriptive Project Requirements and associated reference drawings. City review of formal
submittals is intended to ensure that Project Requirements capture City codes and regulations
and describe where and how deviations from codes and regulations may be granted. Sound
Transit will notify the City a minimum of three (3) weeks in advance of providing Draft and Final
RFP packages to the City and the City will perform a review of the packages and return unified
and coordinated comments from all relevant City departments within thirty (30) days.
C. Planning and Design Coordination.
C.1 Station Access Improvements. The purpose of coordination between the City and Sound
Transit during this phase is to support safe and convenient multi-modal access to the stations.
This will be accomplished through close coordination to develop project requirements for
station access improvements, such as kiss and ride, bus, pedestrian and bicycle facilities.
C.2 Transit Oriented Development (TOD). The purpose of coordination between the City and
Sound Transit during this phase is to identify and incorporate TOD principles into Project
Requirements and/or the Development Agreement. City services will also support Sound Transit
in evaluating TOD opportunities on Sound Transit owned properties that will no longer be
needed after construction is complete, or opportunities for development around Sound Transit
facilities.
C.3 Right of Way (ROW). The purpose of coordination between the City and Sound Transit
during this phase is to ensure that plans in the ROW are consistent with City codes and
regulations, and to reach staff level agreement on the Transit Way Agreement which, when
adopted, will provide Sound Transit with the necessary approvals to construct, operate and
maintain the light rail system in the ROW.
C.4 Joint Projects or Partnerships. The purpose of coordination on joint projects or partnerships,
is to support collaboration on related City projects, that ST may be contributing to as mitigation
or project enhancement, third party projects (private, WSDOT, utility) that require ST-City
collaboration, or additional project elements that need to be incorporated into the Sound
Transit Project.
D. Permits and Approvals.
D.1. Establish Permit Process. A key activity during this project phase is to jointly develop and
approve a permitting plan that supports the project schedule and provides the City with the
information and time needed to provide approvals. City and ST staff will work together to
establish mutually agreeable procedures and to streamline processes where possible. These
processes and procedures will be documented in the Project Requirements and/or Development
Agreement, as appropriate.
D.2. Permitting and Inspection Activities. Not Used. Permitting and inspection activities will be
undertaken in a subsequent project phase and addressed through a later task order.
E. Other Work. Not used.
Task Order Attachment 2: Estimated Schedule.
Task Estimated Start
Month
Estimated End
Month
A.1. Coordination and Communication January 2017 December 2017
A.2. Management and Administration January 2017 December 2017
A.3 Agreements January 2017 December 2017
B.1. OTS Review January 2017 December 2017
B.2. Formal Submittals November 2017 November 2017
C.1. Station Access January 2017 December 2017
C.2. Transit Oriented Development January 2017 December 2017
C.3 Right of Way January 2017 December 2017
C.4. Joint Projects or Partnerships TBD TBD
D.1 Establish Permit Process June 2017 December 2017
D.2. Permitting and Inspection Activities NA NA
Task Order Attachment 3: Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task Hours
Average
Labor Rate O/H Rate
Total
Estimate/Not to
Exceed
Task 1.0 (TO 1
Sections A, B.1, C, D)
Ongoing Review
and
Coordination 2,880 $80 Incl. $230,400
Task 2.0 (TO 1
Section B.2)
Formal
Submittal
Review 720 $80 Incl.
$57,600
Subtotal 3,600 $288,000
Other Direct Costs (ODCs)
$0
Contingency
$28,800
Total Estimated
Cost
$316,800
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Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: July 18, 2017
SUBJECT: Mill Creek Side Channel Leber Homestead Property – Accept as
Complete
SUMMARY: This contract constructed Phase II of the Mill Creek Side Channel / Leber
Homestead project. This grant-funded restoration project removed 82,000 cubic yards
of material and installed 45 log structures and over 30,000 native plants to create new
habitat for endangered salmon species.
This project was a large, regionally supported restoration project that now provides
rearing and refuge habitat for juvenile salmonids as well as additional flood storage
just across the Green River from the Riverview Park project. Grants from the Salmon
Recovery Funding Board, Puget Sound Acquisition and Restoration Fund, King County
Cooperative Watershed Management Fund and King County Waterworks Grant
Program and King Conservation District were used to cover construction costs.
This project was planned, designed and permitted over the past 10-years on property
purchased (with other grant funds) specifically for this purpose.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: This project was funded from a combination of grant funding
from the King County Flood Control District, Salmon Recovery Funding Board, King
County Watershed Management, King Conservation District and King County
Wastewater Treatment District as well as city drainage funds.
MOTION: Authorize the Mayor to accept the Mill Creek Side Channel Leber
Homestead Property as complete and release retainage to Scarsella
Brothers, Inc. upon receipt of standard releases from the state and the
release of any liens.
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OTHER BUSINESS
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Agenda Item: Bids – 9A_
TO: City Council
DATE: July 18, 2017
SUBJECT: 2017 Large Culvert and Channel Cleaning Project – West Meeker Street
to South 240th Street – Award
SUMMARY: This project consists of the removal of sediment, refuse and vegetation
from large drain pipes, culverts and channels along West Meeker Street and between
West Meeker Street and South 240th Street. Work will also include the removal and
disposal of up to 3,400 tons of saturated sediment, refuse and vegetation.
All work in the vicinity of Kent Elementary School shall be completed within the first
two weeks of work. The entire project shall be complete by September 30, 2017.
The Engineers estimate for this project was $762,828.00.
EXHIBITS: Memo dated July 18, 2017
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funding for this project will be allocated from the Sewerage Fund
Balance.
MOTION: Award the 2017 Large Culvert and Channel Cleaning West Meeker
Street to South 240th Street Project to Ventilation Power Cleaning, Inc. in
the amount of $961,649.48 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
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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 11, 2017
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2017 Large Culvert & Channel Cleaning Project West Meeker
Street to South 240th Street Project - Award
Bid opening for the 2017 Large Culvert & Channel Cleaning Project West Meeker
Street to South 240th Street Project was held on July 11, 2017 with three (3) bids
received. The lowest responsible and responsive bid was submitted by Ventilation
Power Cleaning, Inc. in the amount of $961,649.48. The Engineer's estimate was
$762,828.00. The Public Works Director recommends awarding this contract to
Ventilation Power Cleaning, Inc.
Bid Summary
01. Ventilation Power Cleaning, Inc. $ 961,649.48
02. TITAN Earthwork, LLC $997,634.91
03. Pipe and Plant Solutions, Inc. $3,819,035.00
Engineer's Estimate $762,828.00
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Agenda Item: Bids – 9B_
TO: City Council
DATE: July 18, 2017
SUBJECT: 2017 Large Culvert and Channel Cleaning Project – 64th Avenue South -
Award
SUMMARY: This project consists of the removal of sediment, refuse and vegetation
from large culverts and open channels along 64th Avenue South between South 240th
Street and South 228th Street. Work will also include the removal and disposal of up to
2,600 tons of saturated sediment, refuse and vegetation.
All work in the vicinity of Kent Elementary School shall be completed within the first
two weeks of work. The entire project shall be complete by September 30, 2017.
The Engineers estimate for this project was $1,520,922.00.
EXHIBITS: Memo dated July 11, 2017
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: Funding for this project will be allocated from the Sewerage Fund
Balance.
MOTION: Award the 2017 Large Culvert & Channel Cleaning 64th Avenue
South Project to TITAN Earthwork, LLC, in the amount of $1,835,281.80
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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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 11, 2017
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: 2017 Large Culvert & Channel Cleaning 64th Avenue South
Project - Award
Bid opening for the 2017 Large Culvert & Channel Cleaning 64th Avenue South
Project was held on July 11, 2017 with two (2) bids received. The lowest responsible
and responsive bid was submitted by TITAN Earthworks LLC in the amount of $
1,835,281.80. The Engineer's estimate was $1,520,922.00. The Public Works
Director recommends awarding this contract to TITAN Earthworks LLC.
Bid Summary
01. TITAN Earthworks LLC $1,835,281.80
02. Ventilation Power Cleaning, Inc. $2,031,170.90
Engineer's Estimate $1,520,922.00
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Agenda Item: Bids – 9C_
TO: City Council
DATE: July 18, 2017
SUBJECT: South 212th Way Overlay Project – Award
SUMMARY: This project consists of paving, sidewalk repairs; saw cut, planing asphalt
pavement, plastic pavement markings, installation of traffic loops and survey
monuments.
The Engineers estimate for this project was $1,023,420.00.
EXHIBITS: Memo dated July 6, 2017
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: B&O tax revenue will be used to pay project expenditures.
MOTION: Award the South 212th Way Overlay Project to Tucci & Sons, Inc.
in the amount of $1,139,919.50 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
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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 6, 2017
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: South 212th Way Overlay Project - Award
Bid opening for the South 212th Way Overlay Project was held on July 6, 2017 with
three (3) bids received. The lowest responsible and responsive bid was submitted by
Tucci & Sons, Inc. in the amount of $1,139,919.50. The Engineer's estimate was
$1,023,420.00. The Public Works Director recommends awarding this contract to
Tucci & Sons, Inc.
Bid Summary
01. Tucci & Sons, Inc. $ 1,139,919.50
02. ICON Materials $1,281,005.94
03. Miles Resources, LLC $1,393,855.00
Engineer's Estimate $1,023,420.00
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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
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Page 1 of 9
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: 07/18/17
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, July 18, 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 CAO and city attorney met with their counterparts at Highline Water District to
discuss a franchise that would provide for a 6% payment in lieu of utility tax, similar to
the franchise Water District #111 accepted earlier this year.
• The Mayor’s Leadership Team reviewed the city’s commitments following the joint
meeting between the city council and Kent School District board to ensure continued
progress.
• The CAO will help interview fire chief candidates later this month.
• The CAO continues to work with the fire chief to wrap up a swap of city- and RFA-owned
properties. The process has been challenging as we’ve uncovered constrains that affect
the RFA’s ability to build on the parcel it would own.
• Experience Historical Kent, now in its fourth year, kicks off with the Greater Kent
Historical Museum at the Kent Farmers Market on Saturday, July 29. This is a free
celebration featuring special exhibits, walking and bus tours of the city’s oldest homes,
businesses, and cemeteries. There are 14 different venues participating throughout the
weekends in August. For more information go to KentWA.gov/ExperienceHistoricalKent
or contact the museum at 253-854-4330.
• Hillside Church, formally known as Kent Church of the Nazarene off of James Street, has
been working collaboratively for eight months with Kent’s Neighborhood Program to
identify community projects that would benefit individuals within recognized
neighborhood councils. This all-volunteer pilot project will include 30-40 students and
10-15 adults. We received one application each from Kent SODO, Pantera Lago, Saltair
Hills, North Park, and Canterbury neighborhoods. The community projects will include
removing lights, painting inside a home, cleaning gutters, pressure washing sides of
homes and decks, trimming bushes and pulling weeds. The projects will be completed
on July 25, 26, and 27.
• Kent4Health’s free indoor walk season “ShoWalk” ended June 28. There were 29 weeks
of walks with an average of 100 attendees a week. This was the 7th year of the twice-
weekly indoor walk at ShoWare, staffed by volunteers. Discussion for the next season
Page 2 of 9
includes adding a third day and continuing the wellness days with the support of SeaMar
and Healthpoint clinics and Aegis Living of Kent.
ECONOMIC AND COMMUNITY DEVELOPMENT
Economic Development
• Department and Human Services staff met with Port of Seattle’s workforce
development director to talk about upcoming projects and explore areas of possible
collaboration.
• Staff met with NAI Puget Sound Properties industrial brokers to discuss tenant
recruitment and development opportunities.
• Staff met with agents of retail center development to talk about sites and market
conditions within Kent.
• Staff attended Port of Seattle convening of city economic development managers to
discuss upcoming city economic development grant opportunity. ECD staff also
attended EDC Seattle – King County economic development managers meeting to
discuss and listen to changes in regional economic development.
Building & Permit Center
• Upcoming Projects
o Purewal SP, (Pre-Application), 96th Ave S, 2 lot short plat
o Mor Furniture, (Civil Construction), S 180th St
o Summit SFR, (Pre-Application), Canyon Drive, New residential duplex
o New Beginning Christian Fellowship, (Pre-Application), 108th Ave SE, New
seniors’ housing, church sanctuary, school portables and associated parking
• Issued Projects
o Kent E&T Facility, Recovery Place, (civil construction), Washington Ave S,
Existing site has (2) structures used for detox and mental health recovery. The
proposed addition will combine these structures into (1) 18,440 sf building and
will provide a full remodel to better serve the population.
o CenterPoint, (civil construction), 72 Ave S, Redevelopment of existing asphalt
vehicle storage yard for construction of office warehouse building to include
the associated site improvements and frontage roadway improvements.
o Yashco Azalea Short Plat, (civil construction), 113 Ave SE, 6 lot short plat
o Meridian Bay, (civil construction), 26415 135 Ave SE, 18 lot plat
• Total Permit Issued: 157 with value of $11,925,086.05
• Total Inspections: 434
o 254 Passed
o 79 Failed
o 30 Continued
FINANCE
• The City received $1.6 million in real estate excise tax for the month of June 2017. This
is the highest single month collection since July 2013.
• The Finance department is beginning to prepare for the implementation of GASB
(Governmental Accounting Standards Board) Statement 75: Accounting and Financial
Reporting for Postemployment Benefits Other than Pensions. The new Statement
supersedes GASB 45, implemented in 2006. This will be a substantial change for how
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government entity’s report on postemployment benefits other than pensions. GASB
Statement 75 will be required for the 2018 Comprehensive Annual Financial Report.
HUMAN RESOURCES
Administration
• Continuing to hold debrief sessions with the management teams and employees, by
department, on the results of our recent Employee Engagement Survey. Next step
will be individual department prioritization and action planning.
Benefits
• Continuing to work on Benefits renewals for the 2018 plan year.
• DRS contribution changes took effect July 1 and those cost changes will be reflected
on the July 20 paycheck.
• NEOGOV Onboard, our new online onboarding system for benefitted full-time and
part-time new hires, will launch on August 1 to allow new hires to complete
paperwork and get information on demand electronically.
Community Outreach
• We will be participating in the 17th Annual Diversity Employment Day Career Fair
and Roundtable on July 19 at Showare Center, featuring representatives from
Human Resources, Public Works, Parks, and the Police Department.
• The July Cultural Community Conversation was held on Wednesday, July 12, from 9-
10 a.m. in the Kent Commons Green River Room. The featured speaker was Joyce
Baldwin on Native American culture.
Labor, Classification & Compensation
• Finalizing updated pay scales in JDE to reflect pay increases for AFSCME, non-
represented, and Teamsters.
• Completing job description updates for Public Works and Human Resources.
• Continuing round 2 of policy review and draft updates for finalization this summer.
• Updating job descriptions for placement on CitySpace.
Recruitment
• Financial Analyst (PW) interviews were held on Tuesday, July 11.
• Promotional Police testing was held on July 11 and 12.
• Offers have been made for the positions of Civil Engineering Designer I, Construction
Engineering Supervisor and GIS Coordinator.
• Written testing for the custodian position will be scheduled for the week of July 17.
• Posting for the Water Source and Supply Operator will be closing on July 20.
Risk Management
• City Property Insurance renewed at 7% decrease from 2016-2017 rate. Presentation
with details to Ops Committee on 7/18
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PARKS, RECREATION, AND COMMUNITY SERVICES
Recreation
• Lake Meridian Beach Park opened Saturday, June 24 to beautiful weather and huge
crowds. The beach is fully staffed by 23 lifeguards on duty from noon to 7:00pm
every day through Labor Day, September 4. This is an extraordinarily busy beach
and park with close to 24,000 visitors counted in the first 13 days of operation. To
date, guards have made nine water rescues and eight -911 calls, and issued 600
loaner life vests.
Lake Meridian is fortunate to have some of the best and brightest lifeguards in the
region. Each of our 23 guards is hired for their life saving skills, physical and
emotional fitness, and dedication to community safety and service. They train daily
and are tested weekly to insure a high level of proficiency. Those skills were
seriously tested on Friday, June 30 as they responded to a late afternoon call for
help. Within minutes, they recovered a 16-year-old near drowning victim from the
swim area, began CPR, and prepared for the arrival of fire department responders.
While the status of this near drowning victim remains uncertain, our guard’s quick
response and life saving measures provided some chance of recovery. Their
response was nothing short of heroic!
Youth-Teen-Adaptive
• Youth and teen staff attended the 1st Annual Latino Kent Community Education Fair
at Kent Elementary on June 26. They provided information on all Parks Department
programs, activities, and special events with a focus on FREE Family Fun for the
summer. This was a great opportunity to get to know the community while providing
outreach and marketing for the department.
• Summer programming is fully underway. For the next seven weeks, day camp
opportunities will be available including WALKAPALA for kids K-6th grade,
WALKAPALA TOO, for kids with special needs, and WALKAPALA Counselor in Training,
for kids 7th -9th grade. Five FREE playground sites are staffed and ready for kids and
families to drop in for sports, games, crafts, and special events. The HERO mobile
recreation program is delivering fitness, fun, and health related programming to
schools, playgrounds and apartments across the city. The Kent Parks (TEEN)
Community Center is open for summer hours Monday through Thursday, 5 – 9pm.
Most of these sites also partner with the Kent School District in offering free sack
lunches for kids.
• Thirty-eight Special Olympic athletes showed their t-ball and softball skills at the
Auburn Regional Softball tournament on July 8.
• Participants in Adaptive Recreation’s Community Exploration program enjoyed a
great breakfast at a local restaurant and then headed out to burn some calories on
the Soos Creek trail. This is one of many trips offered this summer which allow
participants to engage with the community and to develop and enhance life skills
while having a lot of fun.
Cultural Programs
• Kent’s successful Fourth of July Splash took place at Lake Meridian Park on July 4.
Early staff estimates of attendance are around 12,000 people. The event featured
community showcase performances and professional headline performances,
including Whipped Cream and Other Delights – a Herb Alpert Tribute featuring Bobby
Medina – and Dylan Jakobsen on the stage. Additional activities included games and
hands-on activities, food booths and, of course, the fireworks display.
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Senior Center
• Beautiful weather was the backdrop for the 10th Annual Music & Art Showcase at the
Kent Senior Activity Center. Over 350 people attended the event which featured
artwork and live art demonstrations by Kent Valley Artists throughout the evening.
Jazz artist, Richard Dean, kicked off the entertainment stage. Headlining the night
was the local rock ‘n roll band favorite, Wally & the Beaves. They played a double
set for a very enthusiastic crowd including a 94 year old gentleman celebrating his
birthday by dancing in the aisles! Mitzel’s food truck sold discounted meals and
Stafford Suites provided free desserts for all attendees. This free community event
was sponsored by the Kent Arts Commission as well as area businesses.
Human Services
• Human Services staff attended the annual South King Council of Human Services
Luncheon, along with Mayor Cooke. The luncheon highlights indicators of progress
and milestones of success in the realm of human services in South King County. The
keynote speaker was Jorge Baron, the Executive Director of the Northwest
Immigrant Rights Project. Two of the three award winners are key partners in the
Kent community. The Business Innovation award was presented to Ubuntu Street
Café operated by Project Feast in Kent. The Individual recognition/award was
presented to Kendrick Glover, founder and Executive Director of Glover Empower
Mentoring (GEM).
• Youth and Teen Recreation and Human Services staff met with Boys and Girls Club
(BGC) staff about their interest in expanding programs into the Kent community.
While just exploratory at this point, Kent staff provided current program level
information for youth and teen programs, as well as some of the key out-of-school
providers in Kent. BGC staff provided an overview of their programs and possible
offerings in Kent. They are not considering a new facility at this time, but would be
interested in partnering in an existing facility.
• Staff met with Seattle Jobs Initiative staff regarding a grant they received to build a
model to ensure low income, low skilled individuals have training and support for
entry level employment in the manufacturing sector. They are seeking feedback on
the initial program design as well as connections to possible partners for this work.
• Sound Outreach is interesting in locating their program in Kent and staff met with
the Executive Director, Jeff Klein, to learn more about the program. While the
program has currently only served the Pierce County community, their financial
partner is Harborstone Credit Union and because they have an office in Kent,
expansion could be possible. The model includes delivery of high quality financial
counseling, coaching that includes reviewing the client credit score, collection
disputes, budget planning and connection to credit union financial products. This
model is a best practice for building assets and moving people out of poverty.
Maintenance crews have been working on service requests - 133 requests were closed in
the month of June
HVAC crews replaced the electrical control panel for the pool heat exchanger and other
related pool devices at the K.M pool. Replaced fan blades for the multi zone unit at the
corrections facility. Made repairs to water source heat pump at police headquarters
Custodial crews have been busy with daily work and floor maintenance projects in various
buildings
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POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Sergeant Darin Majack retired June 30.
• Lateral Officer Patrick Rainer started July 3.
Significant crime activities/arrests/investigations
• On July 2, the home of a well-known Kent criminal/gangster, who is currently in custody,
was fired upon with 30+ bullets by unknown suspects. No one was injured but the house
sustained extensive damage.
• On July 4, officers were dispatched to a shooting on 152nd and Kent Kangley. The suspect
fired off several rounds, one of which ricocheted off the ground and grazed one of the
victims (no medical treatment necessary).
• On July 5, officers responded to a call involving a fight reportedly with guns and a
machete. Suspects were in possession of a 9mm semi-automatic pistol, drug
paraphernalia, shaved Honda Key, white mask, and a scale with white residue.
• On July 7, Patrol and Detectives responded to a high risk domestic violence abduction.
The victims and suspects were located through investigation. The victims were rescued
and the suspect, a dangerous felon, was taken into custody.
• On July 10, officers responded to a 28-year-old male shooting at his neighbor’s house.
When officers attempted to engage the suspect in negotiation he came to a window and
pointed a rifle at them. Two Kent Officers fired at him and he retreated back into the
room out of sight. He was ultimately apprehended and taken into custody.
Major emphasis patrol
• Extra officers out on OT for July 1-5 firework emphasis.
• Racer Emphasis Friday, July 7.
• Washington State Patrol, Tukwila Police Department, Renton Police Department, and
Kent Police Department held a Racer Emphasis on Friday, July 14.
PUBLIC WORKS
Design
• S 224th St Project 84th to 88th – Working toward Possession and Use agreement with
Hytek property for wetland mitigation as required by CORPS permit. Consultant is
working on 90% mitigation design plans.
• S 224th St Project 88th to 94th – Received review appraisals and preparing offers to
purchase right of way. One offer has been accepted.
• S 228th UP Grade Separation (and 228th Bikeway) – Notification to businesses about
upcoming work and traffic impacts to be sent end of July:
o Right of Way negotiations continue with various businesses. Continuing
acquisition work for temporary construction easements and access easements.
o Joint Trench Utility Project to Advertise July 11. Working with utility
companies and preparing utility agreements.
o Stormwater Relocation Project advertisement pushed out to next year, and
likely to be reincorporated into the grade separation project – in combination
of verifying existing field conditions and procurement timeline determined risk
of construction shifting to wet season increased and thus would substantially
increase project costs.
• 212th at 72nd Ave – Working with Communications to notify public of project. Merge
meeting held on Jun 19. Anticipate start of construction August 7.
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• 132nd Avenue Walking Path – Awarded contract to RW Scott Construction for
$933,663. Merge meeting scheduled for July 12. Public will be notified of project
two week prior to construction start date. Planning for groundbreaking ceremony.
Water District #111 started relocating meters last week.
• 6th Avenue Sidewalk projects – Design backchecks and handover to Operations
planned for this week.
Construction
• 72nd Ave Extension: Final striping is complete and the road is be open to
traffic. Lane closures will be in effect for final punch list work and site finishes.
• Kent Regional Trails Connector: Final walk-thru is complete. The resulting punch list
has been forwarded to the contractor and resulting work is being scheduled.
• 108th Ave SE & SE 208th St Intersection Improvements: Traffic signal loop
replacement is taking place at night this week.
• S 224th St Improvements, Phase 1: The contract is executed and we are working
with SB Structures to schedule the Preconstruction Meeting.
• 80th Ave S Pavement Preservation: The existing asphalt surfacing is removed on the
West half of the street. Curb and gutter replacement is ongoing. Prepping and
forming for concrete paving is also underway and the 1st pavement placement on the
West half is scheduled for this Friday. Transitioning activities to the West side of 80th
took place July 3 and demolition of the existing surface will begin on Wednesday.
• 2017 Asphalt Overlays: All work in Seven Oakes is complete. Casting adjustments in
Starlake Highlands will be taking place over the following two weeks. ADA
improvements in the Misty Meadows neighborhood are underway. Grind/pave
activities are scheduled to begin on July 31.
• 2017 Crack Sealing: Work is expected to proceed on Monday, July 17.
• 2017 Paint Line Striping and RPM Replacement: Contract work is underway and will
be spending most of this week on the West Hill. Work in the downtown core will take
place after Cornucopia Days. Contract work is approximately 25% complete at this
time.
• 2017 Plastic Markings: Work is scheduled to proceed on Monday, July 17.
• South 208th St Road Repair and Guardrail Installation: A full road closure was
implemented on July 10 for the roadway repairs required on this project. This
closure (with detour) of S. 208th Street between SR 167 and S 212th Way will be in
place for a minimum of two weeks. Roadway excavation for the repair of subsidence
is underway.
• S 212th St and 72nd Ave S Intersection Improvements: The project is currently in a
submittal review and material procurement period. Notice to Proceed is scheduled
for August 7.
• Habitat Conservation Measure 6: Authorization to Award notification has been
provided to Maroni Construction of Enumclaw, WA. The contract had been fully
executed and the Preconstruction Meeting is scheduled for Monday, July 17.
• 132nd Ave SE Pedestrian Improvements: Authorization to Award notification has been
provided to RW Scott Construction of Auburn.
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• Woodford Ave N Drainage Improvements: Authorization to Award notification has
been provided to Northwest Cascade, Inc. of Puyallup, WA. The contract is currently
with NW Cascade for their review and signature.
• WSDOT – SR 516, 102nd Pl SW VIC to 132nd Ave SE Paving and ADA Compliance:
o Work is underway at night under the Noise Variance granted to WSDOT by The
City of Kent for 60 non-consecutive nights.
o Planing and paving the existing asphalt is complete. Final
striping/channelization is ongoing.
• Development/Permit Projects: Rainier Pond – Final striping and casting adjustments
are being completed.
Environmental
• Meeker St. and downstream storm system cleaning – Bids opened on July 11 on two
separate projects, north of the James St. box culvert and from the box culvert south.
• Green River Natural Resource Area South Watershed – Processing consultant
contract for feasibility and alternative analysis on a pump station.
• Lake Meridian Estates – Finalized agreement with Lake Meridian Estates to make
repairs. Advertised for construction bids beginning on July 11.
• S. 240th St. Pedestrian Improvements – Work on the north side of S. 240th St. just
east of Russell Road. Advertising for bids began on July 11.
• S. 208th St. – Finalizing construction revisions to accommodate additional failing
area.
• King County Flood Control District – 2018 budget was introduced at Technical
Committee on July 10 and scheduled for the Advisory Committee on July 20. The
city’s main budgetary concerns are to have funding planned for the levees remaining
to be improved for FEMA accreditation, including Lower Russell Road, Signature
Pointe and Milwaukee II.
• Mill Creek Reestablishment – Will be receiving conceptual layouts of sedimentation
ponds at potential locations at the base of the east hill.
Transportation
• Highway Safety Improvement Program Grant – Staff has been working with WSDOT
Local Programs to finalize the Local Agency Funding Agreement for the Kent Valley
Signal System project which will add additional flashing yellow arrows in the Kent
Industrial Valley.
• Residential Traffic Calming Program – Two residential speeding studies were
completed and letters sent to the residents last week. Neither location showed a
speeding problem. The two locations are: 121st Ave SE and SE 259th Ct. which had
an 85th percentile speed of 29.6 MPH; and 127th Ave SE and Se 224th St had an
85th percentile speed of the 31.6 MPH. Both locations have a posted speed limit of
25 MPH.
• Traffic Signal Cabinets – Council authorized funding for the replacement of six traffic
signal cabinets. The first one was installed at Washington and Willis. The second
one will be installed at 124th Ave SE and Kent Kangley.
• Kent Kangley WSDOT Overlay Loops – All loops on Kent Kangley Road that were cut
as a part of the overlay project have been replaced and are now fully operational.
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• SR 509 Gateway Project – Staff will be meeting with WSDOT to discuss the SR509
interchange design.
Land Survey
• Design Mapping: Working on private development walk-through’s and database
monument inventory
• Construction/Staking for 208th street repair and clearing limits
• Right of Way Work for East Valley Highway, Bonneville Power Administration
Easement for Kent Springs and the Railroad Quiet Zone for Union Pacific and
Burlington Northern
GIS
• Weekly Customer Service Requests: Map request for signs and pavement makings
for 2017 B & O overhead sign replacement. Impervious service calculations for three
different Storm Water Management requests by utility billing. Water Division Mid-
Year 2017 Completed Projects, Request for West Hill Water Tank Planning location,
Sewer Operations Map Update, Curb Ramp Inventory, Multiple requests for map
printing
Streets
• Street Maintenance crews will be grinding, paving, backfilling and inlay on 252nd west
of Hwy 99, cleaning islands on Lincoln and Meeker and cleaning alleyways in the
downtown area. The concrete crew will be pouring, stripping forms and backfilling
new sidewalks on 64th north of 240th and prepping and pouring new sidewalks on
Meeker west of Russell. In addition to performing regular pond maintenance at
ponds on the East Hill, mowing, line trimming and weed eating at water sites and the
Green River Natural Resource Area, vegetation crews are also focusing on cleaning
the downtown area in preparation for Cornucopia Days. The Sign crew will be
installing and setting out signs for Cornucopia Days in the downtown area. Litter
Crews continue to remove illegally mounted signs, picking up debris from the
roadway and right of ways, removing illegal dumping sites.
Water
• Water Distribution crew will be tying in the new water main on 251st and 42nd on the
West Hill and installing the four new water services. Staff continues to move forward
with design of a generator and electrical improvements at our Kent Springs and
Pump Station #4. Plans are currently at 90%. Design of our new pump station for
the 640 Pressure Zone are at 60%. Design for the Cambridge Tank recoating and
structural improvements are at 50% with 90% coming in the next week.
Utilities
• Sewer: Crews are TV’ing the Linda Heights basin, performing wet well cleanings,
weed eating city easements and doing frame and lid change outs.
• Storm: The project crew will install, repair catch basin and asphalt on Summit Ave.,
and prepping for ditching work on Lake Fenwick Rd. National Pollution Discharge
Elimination System crews will be pumping on 196th and West Valley, 46th and
Carnaby, and cleaning lines on Titus and 3rd.
Fleet/Warehouse
• The Radio shop is building new vehicles and programming radios. Fleet is working
on new vehicle installs, scheduled/non-scheduled repairs of all City vehicles. The
Warehouse is preparing for annual vendor bids, receiving and processing inventory
for Shops Inc. projects and repairing small equipment as needed. ---END
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT