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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 This page intentionally left blank. 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 ******************************************************************** 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 This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. 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. This page intentionally left blank.   - 1 - 51603836.4 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.   - 2 - 51603836.4 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.   - 3 - 51603836.4 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,   - 4 - 51603836.4 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   - 5 - 51603836.4 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.   - 6 - 51603836.4 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   - 7 - 51603836.4 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   - 8 - 51603836.4 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   - 9 - 51603836.4 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.   - 10 - 51603836.4 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) wi t h 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 - 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 ATTACHMENT 3 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 PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 A 15 3 1 2 . 0 1 GR O U N D -- - OW N E R 1" = 5 0 ' - 0 " 1 GR O U N D L E V E L Pl a n s : G r o u n d F l o o r RE T A I L LO B B Y / H O R I Z O N T A L C I R C U L A T I O N VE R T I C A L C I R C U L A T I O N PA R K I N G ST O R A G E UT I L I T Y RE T A I L RE T A I L RE T A I L RE T A I L LO B B Y LO B B Y TR A S H TR A S H PA R K I N G PA R K I N G BI K E S BI K E S 0’ 25 ’ 50 ’ 10 0 ’ - 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 Pl a n s : P o d i u m L e v e l 2 AM E N I T Y / H O R I Z O N T A L C I R C U L A T I O N VE R T I C A L C I R C U L A T I O N ST O R A G E 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O 0’ 25 ’ 50 ’ PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 B 15 3 1 2 . 0 1 R- 1 -- - OW N E R 1" = 5 0 ' - 0 " 1 RE S I D E N T I A L - L 1 - 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 Pl a n s : P o d i u m L e v e l 3 AM E N I T Y / H O R I Z O N T A L C I R C U L A T I O N VE R T I C A L C I R C U L A T I O N ST O R A G E 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 C 15 3 1 2 . 0 1 R- 2 -- - OW N E R 1" = 5 0 ' - 0 " 1 RE S I D E N T I A L - L 2 0’ 25 ’ 50 ’ - 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 Pl a n s : P o d i u m L e v e l 4 AM E N I T Y / H O R I Z O N T A L C I R C U L A T I O N VE R T I C A L C I R C U L A T I O N ST O R A G E 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 D 15 3 1 2 . 0 1 R- 3 -- - OW N E R 1" = 5 0 ' - 0 " 1 RE S I D E N T I A L - L 3 0’ 25 ’ 50 ’ 10 0 ’ - 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 Pl a n s : P o d i u m L e v e l 5 AM E N I T Y / H O R I Z O N T A L C I R C U L A T I O N VE R T I C A L C I R C U L A T I O N ST O R A G E 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 E 15 3 1 2 . 0 1 R- 4 -- - OW N E R 1" = 5 0 ' - 0 " 1 RE S I D E N T I A L - L 4 0’ 25 ’ 50 ’ 10 0 ’ - 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” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” MA X A L L O W . H T . LE V E L 5 +9 2 ’ - 0 ” 10’-0”10’-0”10’-4” MA X A L L O W . H T . 7’-8” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 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 N 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 C1 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 ) B1A1 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 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” MA X A L L O W . H T . 7’-8” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 0’ 10 ’ 20 ’ 40 ’ A1 B1 B1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 D1 D2 F1 F1 E3 FI B E R - C E M E N T , G R E Y FI B E R - C E M E N 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 . 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 B1 20’-0”10’-0” MA X A L L O W . H T . 10’-0”10’-0”10’-4” MA X A L L O W . H T . 7’-8” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 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 N 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 . A1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 D1 D2 F1 F1 E3 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 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 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 N 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 A1 B1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 D1 D1 D2 F1 F1 E3 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” MA X A L L O W . H T . 7’-8” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” LE V E L 1 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 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 N 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 A1 B1 B1 B1 B1 C1 C1 C1 C1 C1 D1 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 ) - 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 +4 2 ’ - 0 ” LE V E L 2 +6 2 ’ - 0 ” LE V E L 3 +7 2 - 0 ” LE V E L 4 +8 2 - 0 ” TO S +1 0 2 ’ - 4 ” LE V E L 5 +9 2 ’ - 0 ” 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 N 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 C1 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 E N S P A C E : 1. F U N C T I O N A L O P E N S P A C E No t e : T h e r e n d e r e d o u t d o o r p a t i o d e s i g n , f u r n i t u r e , l i g h t i n g a n d f i x t u r e s a r e d e p i c t e d t o s h o w p o t e n t i a l t e n a n t f e a t u r e s a n d d e s i g n i n t e n t . Th e s e a r e s u b j e c t t o c h a n g e b a s e d o n t h e n e e d s o f t h e a c t u a l c o m m e r c i a l t e n a n t , a n d a r e n o t g u a r e n t e e d c o m p o n e n t s o f t h e d e s i g n . W. M E E K E R S T R E E T - 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 LE V E L 1 RO O F DE C K / P A T I O DE C K / P A T I O LE V E L 1 ( L E V E L 2 + 3 S I M I L A R ) LE V E L 2 + 3 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 Ur b a n Q u a d 1 B3 3B R | 2 B A A1 1B R | 1 B A A1 1B R | 1 B A B3 3B R | 2 B A FR RS R PA T I O PA T I O PA T I O PA T I O B3 3B R | 2 B A A1 1B R | 1 B A A1 1B R | 1 B A B3 3B R | 2 B A DE C K DE C K DE C K DE C K PR O J E C T N U M B E R 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 R1 15 3 1 4 . 0 1 3B R + 2 B A & 1 B R + 1 B A La k e Wi l d e r n e s s Mi x e d U s e It t y B i t t y , B i g & Bo u n c y LE V E L 1 LE V E L 2 + 3 RO O F 0’ 10 ’ 20 ’ 40 ’ 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O 3 B E D / 2 B A T H - 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 LE V E L 1 RO O F LE V E L 2 + 3 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 Ur b a n Q u a d 2 B3 3B R | 2 B A A1 1B R | 1 B A | D E N A1 1B R | 1 B A | D E N FR RS R PA T I O PA T I O PA T I O PA T I O B3 3B R | 2 B A B3 3B R | 2 B A A1 1B R | 1 B A | D E N A1 1B R | 1 B A | D E N B3 3B R | 2 B A DE C K DE C K DE C K DE C K PR O J E C T N U M B E R AR C H I T E C T U R E P L A N N I N G C O N S U L T I N G 20 0 1 W E S T E R N A V E , S U I T E 2 0 0 S E A T T L E , W A 9 8 1 2 1 te l : 2 0 6 . 5 8 7 . 3 7 9 7 / f a x : 2 0 6 . 5 8 7 . 0 5 8 8 / w w w . s t u d i o m s . c o m copyright c 2016 R2 15 3 1 4 . 0 1 UR B A N Q U A D 2 La k e Wi l d e r n e s s Mi x e d U s e It t y B i t t y , B i g & Bo u n c y LE V E L 1 LE V E L 2 + 3 RO O F 0’ 10 ’ 20 ’ 40 ’ 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O 3 B E D / 2 B A T H - 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 LE V E L 1 LE V E L 2 + 3 RO O F 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 Ur b a n Q u a d 3 B0 2B R | 2 B A B1 2B R | 2 B A B1 2B R | 2 B A B0 2B R | 2 B A FR RS R PA T I O PA T I O PA T I O PA T I O PR E S E N T A T I O N S C H E M E B0 B1 FR B0 2B R | 2 B A B1 2B R | 2 B A B1 2B R | 2 B A B0 2B R | 2 B A DE C K DE C K DE C K DE C K PR O J E C T N U M B E R ght c 2016 LE V E L 1 LE V E L 2 + 3 RO O F 0’ 10 ’ 20 ’ 40 ’ 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O 3 B E D / 2 B A T H - 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 Ur b a n Q u a d 4 B3 3B R | 2 B A B2 3B R | 2 B A B2 3B R | 2 B A B3 3B R | 2 B A FR RS R PA T I O PA T I O PA T I O PA T I O B3 3B R | 2 B A B3 3B R | 2 B A B3 3B R | 2 B A B3 3B R | 2 B A DE C K DE C K DE C K DE C K PR O J E C T N U M B E R right c 2016 R4 La k e LE V E L 1 LE V E L 2 + 3 RO O F LE V E L 1 LE V E L 2 + 3 RO O F 0’ 10 ’ 20 ’ 40 ’ 2 B E D / 2 B A T H 1 B E D + D E N / 1 B A T H 1 B E D / 1 B A T H UR B A N 1 B E D R O O M ST U D I O 3 B E D / 2 B A T H - 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 Bu i l d i n g : U r b a n Q u a d 1 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. 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. 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 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 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 1 2 3 4 0’ 10 ’ 20 ’ 40 ’ B1 B1 B1 D1 C1 C1 C1 C1 B1 C1 C1 B1 C1 D1 B1 C1 C1 C1 C1 B1 C1 C1 D1 B1 C1 C1 C1 B1 B1 B1 D1 C1 C1 C1 C1 B1 C1 C1 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” - 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 Bu i l d i n g : U r b a n Q u a d 2 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. 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. 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 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 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 1 2 3 4 0’ 10 ’ 20 ’ 40 ’ B1 B1 B1 D1 C1 C1 C1 C1 B1 C1 C1 B1 C1 B1 C1 C1 C1 B1 C1 C1 B1 C1 C1 B1 B1 D1 C1 C1 C1 C1 B1 C1 D1 D1 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” - 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 Bu i l d i n g : U r b a n Q u a d 3 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. H U M A N SC 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. 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 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 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 1 2 3 4 0’ 10 ’ 20 ’ 40 ’ B1 B1 C1 C1 C1 C1 B1 C1 C1 B1 C1 C1 B1 C1 C1 B1 C1 B1 B1D1 C1 C1 C1 C1 B1 C1 D1 D1 C1 D1 D1 C1 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” 10’-0”10’-0”19’-0” LE V E L 1 LE V E L 2 LE V E L 3 T. O . R O O F 39’-0” - 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 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) 1 A C B E G D F H J K L N Y M P S Q R U T V W X Ri v e r b e n d G a t e w a y P r o j e c t P h a s i n g P l a n 2 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture EXHIBIT A LEGAL DESCRIPTION OF THE LICENSED PROPERTY 2841/086 07/10/17 - 10 - Limited License Agreement v3 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 tread\HAL\Riverbend Joint Venture 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 2 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 3 of 17 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. Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 4 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 5 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 6 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 7 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 8 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 9 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 10 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 11 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 12 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 13 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 14 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 15 of 17 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 Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 16 of 17 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. Decision Document Riverbend/ Marquee on Meeker Mixed-Use Development ENV-2017-4/RPSW-2170281 Page 17 of 17 KENT PLANNING SERVICES June XX, 2017 JG\pm \C:\Users\rogeb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\R92ES45C\2170281_2017-4_RiverbendENV_decision.doc This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and council meeting of July 5, 2017. This page intentionally left blank. 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 Minutes Kent, Washington Pending Approval Page 2 of 2 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 Minutes Kent, Washington Pending Approval Page 2 of 8 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 Minutes Kent, Washington Pending Approval Page 4 of 8 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. Kent City Council Regular Meeting July 5, 2017 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 This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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. This page intentionally left blank. 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 This page intentionally left blank. 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. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. 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. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 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 This page intentionally left blank. 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. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 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 This page intentionally left blank. 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. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: July 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 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 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 Page 3 of 9 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 Page 4 of 9 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. Page 5 of 9 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 Page 6 of 9 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. Page 7 of 9 • 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. Page 8 of 9 • 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. Page 9 of 9 • 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 This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION ADJOURNMENT