HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/21/2017adccW15902
CITY OF KENT
Council MeetingAgenda
Mayor Suzette Cooke
Council President Bill Boyce
Councilmembers
Jim Berrios Tina Budell
Brenda Fincher Dennis Higgins
Dana Ralph Les Thomas
November 21, 2017
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KENT CITY COUNCIL AGENDAS
November 21, 2017
Council Chambers
Mayor Suzette Cooke
Council President Bill Boyce
Councilmember Jim Berrios Councilmember Tina Budell
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Dana Ralph Councilmember Les Thomas
********************************************************************
WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
2018 Budget Mid-Biennium Review Aaron BeMiller 60 min
Reception for Outgoing Councilmembers (6-7 p.m.) 60 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. Presentation of Giving Campaign Proceeds to Kent Food Bank
C. Proclamation for “Small Business Day”
D. Legislative Update – Representative Tina Orwall
E. Community Events
F. Public Safety Update
G. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT - – If you wish to speak to the Council, please sign up at
the City Clerk’s table adjacent to the podium. When called to speak, please
state your name and address for the record. You will have up to three
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 November 7, 2017, Council Meeting, and November 14, 2017,
Special Workshop – Approve
B. Payment of Bills – Approve
C. 2017 Docket Report – Approve
D. 2016 Docketed Code Amendments – Ordinance – Adopt
E. Multifamily Tax Exemption – Marquee on Meeker – Authorize
F. Multifamily Tax Exemption – David Myakovsky - Authorize
G. Emergency Management Performance Grant from the Washington Military
Department – Authorize
H. Contract Renewals for Medical, Dental, Vision, Basic Life, Voluntary Life,
and Long Term Disability Insurance – Authorize
I. Consolidating Budget Adjustment Ordinance for Third Quarter of 2017 –
Adopt
J. Write-Off Uncollectable Accounts – Authorize
K. 2017 Third Quarter Fee-In-Lieu Funds – Authorize
L. Amendment to King County Conservation Futures Interlocal Agreement –
Authorize
M. Consultant Services Agreement with Berger Partnership for West Fenwick
Park Renovation Design – Authorize
N. 2018 Water Treatment Chemical Supply Contract with JCI Jones
Chemicals, Inc. – Authorize
O. City of Kent Water System Plan Extension Request to Washington State
Department of Health – Authorize
P. South 224th Street Jorgensen Steel Improvements – Right-of-Way
Dedication – Authorize
8. OTHER BUSINESS
A. Ordinance - 2017 Refunding of Outstanding 2009 Utility Revenue Bonds –
Adopt
B. Ordinance Amending Chapter 3.28 of the Kent City Code Increasing the
B&O Square Footage Tax – Adopt
C. Community Health Engagement Locations – Ordinance – Adopt
D. Resolution Renaming South 238th Street to “Oberto Drive” – Adopt
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b) – To consider the
Purchase Price for Property
B. Collective Bargaining, RCW 42.30.140(4)(a)
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
A) 2018 Budget Mid-Biennium Review/Aaron BeMiller
B) Reception for Outgoing Councilmembers (6-7 p.m.)
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A)Public Recognition
B)Presentation of Giving Campaign Proceeds to Kent Food Bank
C)Proclamation for Small Business Day
D)Legislative Update – Representative Tina Orwall
E) Community Events
F) Public Safety Update
G) Intergovernmental Reports
PROCLAMATTOAI
Whereas,Small business owners embody the spirit of entrepreneurship and
strong work ethic that lie at the heart of the American dream. They
are the backbone of our Nation's economy, they employ tens of
millions of workers and in the past, they have created the majority of
new private sector jobs. During Small Business Day, we reaffirm our
support for America's small busínesses and celebrate the proud
tradition of private enterprise they represent; and
Whereas, Small businesses are the engine of our prosperity and a reflection of
our character. A healthy small business sector will give us vibrant
communities, cutting edge technology and an American economy that
can compete and win in the 2l't Century; and
Whereas, On this day we celebrate the role of these entrepreneurs and small
businesses in the City of Kent; and
NOW, THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby
proclaim November 25, 20L7, as
''SMALL BUSINESS DAY ''
In the city of Kent, Washington, and I encourage all citizens of Kent to recognize
the tremendous contributions small businesses make to our City.
In witness whereof, I have hereunto set my hand and caused the seal of Kent to
be affixed this 2lst day of November 2OL7.
Suzette Cooke
KENT
WAsHtNcroN
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A_
CONSENT CALENDAR
7. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through P.
Discussion
Action
7A. Approval of Minutes.
Minutes of November 7, 2017, Council Meeting, and November 14, 2017, Special
Workshop – Approve
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Kent City Council Regular Meeting November 7, 2017
Minutes Kent, Washington
Pending Approval
Date: November 7, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Suzette Cooke, Mayor
Bill Boyce, Council President
Tina Budell, Councilmember, arrived at 5:23 p.m.
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Dana Ralph, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 5:03 p.m. with Mayor Cooke presiding.
2. Roll Call
Mayor Cooke – Present
Council President Boyce - Present
Tina Budell, Councilmember – Absent during roll call, arrived at 5:23 p.m.
Jim Berrios, Councilmember - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Dana Ralph, Councilmember - Present
Les Thomas, Councilmember - Present
3. Changes to the Agenda
Councilmember Boyce moved to approve the agendas presented, seconded
by Thomas. The motion passed with a unanimous vote of 6-0.
4. Public Communications
A. Public Recognition
Mayor Cooke recognized and observed a moment of silence for Linda Sweezer, a
board member of the Kent Black Action Commission, reportedly killed inside her
home. Mayor Cooke conveyed that Linda has left a lasting legacy in this
community by adding value to people’s lives by helping and supporting residents.
Mayor Cooke recognized Paul Scott, Accounting Manager in the Public Works
Department, as November’s Employee of the Month. Paul expressed his
appreciation of his past and present staff. Paul indicated one of the keys to good
management is the good people that work for you.
Councilmember Higgins recognized the Eastern Washington University women’s
soccer team, that includes M’Kenna Hayes, a graduate of Kentridge High School,
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Abby Klinkenberg, a graduate of Kentridge High School, Grace Klinkenberg, a
graduate of Kentridge High School, and Lexi Klinkenberg, a graduate of Kentridge
High School. The team is headed to the NCAA final 16 in Orlando.
B. Appointment to the Kent Human Services Commission
Mayor Cooke provided a brief background of Rickie Robinson. Rickie expressed his
appreciation for being appointed to the Kent Human Services Commission and is
excited to be a part of shaping what human services can look like for Kent.
C. Appointment to the Kent Arts Commission
Mayor Cooke provided a brief background of Martha Cunningham. Martha
expressed her desire to serve on the commission. She indicated she wants to be
involved in bringing different cultures together in an inspiring way.
D. Proclamation for Arbor Day
Mayor Cooke presented Bryan Higgins, Parks, Planning, and Community Services
Development Coordinator, with the Proclamation for Arbor Day. Mayor Cooke
indicated that the City of Kent has been named Tree City USA every year since
2003. Bryan indicated they will be planting 15 large trees at Riverview Park and will
also be rescuing cottonwoods on the riverbank that are engulfed in blackberries in
addition to spreading mulch. Riverview Park is located off of 68th Avenue South on
Hawley Road. The event will run from 9 a.m. to noon on Saturday, November 18th,
2017.
E. Proclamation for Soka Gakkai International Day
Mayor Cooke presented Billynda Anderson with the Proclamation for Soka Gakkai
International Day. Billynda Anderson invited the public to attend the celebration
that will be held on Wednesday at 7 p.m., at the Seattle Culture Center located at
3438 South 148th Street in Seattle.
F. Proclamation for Veterans’ Day of Remembrance
Mayor Cooke presented Marcus Shelton with the Proclamation for Veterans’ Day of
Remembrance. Marcus expressed his appreciation for the honor of accepting the
proclamation.
Council President Boyce and Thomas expressed their appreciation for all those that
have and continue to serve in the armed forces.
Mayor Cooke suggested Councilmember Thomas work with Marcus Shelton on a
project to have a veterans’ wall built in Kent.
Mayor Cooke read a letter from Shinichi Taniguchi, Mayor of Tamba, Japan, a sister
city of Kent, expressing his appreciation of his team’s meeting with the Mayor on
November 7, 2017.
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G. Community Events
Council President Boyce provided information regarding past attendance at the
accesso ShoWare Center. Additional details were provided regarding upcoming
events. Visit accessoShoWare.com for event and ticket information.
Councilmember Ralph invited the public to attend the Magical Strings 31st Annual
Celtic Yuletide concert that will be held at the Kent Meridian Performing Arts Center
on December 3rd. Tickets are available at KentWA.gov
Councilmember Fincher advised that new Kent Creates website is open and invited
the public to share holiday traditions and learn about and discuss cultural traditions
at Kentcreates.com.
Councilmember Fincher invited the public to attend the Arbor Day event at
Riverview Park.
H. Economic and Community Development Update
Ben Wolters, Director of Economic and Community Development, provided an
update on Economic and Community Development throughout Kent.
Ben advised that Michelle Wilmot, Economic and Community Development Project
Manager, recently joined the department and is making great progress in marketing
and promoting Kent.
Ben indicated the Puget Sound Business Journal recently highlighted tremendous
opportunities in Kent and South King County communities. Additionally King 5 is
preparing a story regarding the growth in Kent. Interviews will take place on
November 8th. Additionally, Kent submitted an advertorial to the Puget Sound
Business Journal highlighting Kent’s attributes.
Ben indicated the soft launch is underway for the new website “VisitKent.com.” Ben
invited everyone to visit VisitKent.com. The new website presents Kent in a fresh,
unique and authentic manner.
Ben indicated Jeff Bezos has backed “Plenty,” a 100 square foot indoor farm in Kent
that is located close to Amazon Fresh.
I. 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.
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Kent City Council Regular Meeting November 7, 2017
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Pending Approval
Councilmember Higgins serves on the King County Regional Transit Committee. No
new information since the October meeting.
Councilmember Berrios serves on the Puget Sound Regional Council Economic
Development Board. No new information since the last meeting.
Councilmember Ralph will be attending the Watershed Ecosystem Forum meeting
that will work on the Salmon Habitat Plan.
Councilmember Ralph serves on the Sound Cities Association Board. No report.
Councilmember Ralph serves on the South County Area Transportation Policy
Board. No report.
Councilmember Fincher serves on the King Conservation District Advisory
Committee. There are currently openings for advisors for urban and rural land
owners. Visit KingCD.org for more information. Additionally, you can visit
KingCD.org to file for an application to be a supervisor or to request a ballot.
Councilmember Fincher serves on the Mental Illness and Drug Dependency Council.
The Council recently discussed pilot programs regarding treatment in correctional
facilities.
Mayor Cooke expressed her desire to have a councilmember serve on the Regional
Transit Committee, in addition to including Uriel Varela, the City’s Community
Engagement Coordinator in information that the committee discusses.
5. Public Hearing
None.
6. Public Comment
Megan Turner, a Kent resident requested the City repair and maintain Adams
Avenue, located off of James Street.
Simranjeet Sindu, a Kent resident and student at Kentwood High School, indicated
she is attending tonight’s meeting as a part of her civics project. Ms. Sindu
expressed her interest in having recycle bins be installed in the City parks.
Kirk Nelsen, a Kent resident, provided public comment regarding multiple topics,
including his recent request for public records.
Shana Sourish, a Kent resident and Kentwood High School student, indicated she is
attending tonight’s meeting as a part of her civic project and expressed her
appreciation for the Green Kent events and city trees.
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Kent City Council Regular Meeting November 7, 2017
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Pending Approval
Councilmember Budell suggested the students that spoke tonight should consider
applying for positions on the Parks Commission.
7. Consent Calendar
Council President Boyce moved to approve the Consent Calendar items A
through I seconded by Councilmember Thomas. The motion passed
unanimously with a 7-0 vote.
A. Minutes of October 17, 2017, Workshop and Council Meeting, and the
October 19, 2017 Workshop – Approve
The minutes of October 17, 2017, Workshop and Council Meeting, and the October
19, 2017, Workshop were approved.
B. Payment of Bills – Approve
The bills received through September 30, 2017, and paid on September 30, 2017.
The Operations Committee audited the payment of bills on October 17, 2017, were
approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
09/30/17 Wire Transfers 7250-7265 $2,433,225.34
09/30/17 Regular Checks 717788- 718199 $4,956,072.28
09/30/17 Payment Plus $186,901.03
Void Checks ($121,877.80)
09/30/17 Use Tax Payable $1,649.97
$7,455,970.82
Approval of checks issued for payroll for September 16 through September 30
and paid on October 5, 2017:
Date Check Numbers Amount
10/5/2017 Checks 0
Voids and Reissues
10/5/2017 Advices 395381-396268 $1,594,896.91
$1,594,896.91
C. Appointment to Kent Human Services Commission – Confirm.
Council confirmed the Mayor’s appointment of Rickie Robinson to the Kent Human
Services Commission filling a vacancy through the remainder of a three-year term
that will expire December 31, 2019.
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Kent City Council Regular Meeting November 7, 2017
Minutes Kent, Washington
Pending Approval
D. Appoint Martha Cunningham to the Kent Arts Commission – Confirm
Council confirmed the Mayor’s appointment of Martha Cunningham to the Kent Arts
Commission for a four-year term that will expire on October 31, 2021.
E. Infrastructure for Rebuilding America (INFRA) Grant - Letter of
Support to Washington State Department of Transportation – Authorize
The Council authorized Council President Boyce to sign a letter of support for the
Washington State Department of Transportation’s Puget Sound Gateway Program
application for the federal Infrastructure for Rebuilding America grant.
F. Quiet Zone Union Pacific Railroad Agreement - Authorize
The Mayor was authorized to sign the Authorization for Crossing Improvements
Agreement with the Union Pacific Railroad, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
G. South King County Area Transportation Board Agreement - Authorize
The Mayor was authorized to sign the South King County Area Transportation Board
Agreement subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
H. Briscoe Desimone Levee Improvements Reach 2 and 3 - Accept as
Complete.
The Mayor was authorized to accept the Briscoe Desimone Levee Improvements
Reach 2 and 3 project as complete and release retainage to Tapani, Inc., upon
receipt of standard releases from the state and the release of any liens.
I. Port of Seattle Partnership and Aerospace Joint Apprenticeship
Committee Consultant Services Agreements – Authorize
The Mayor was authorized to enter into a Partnership Agreement with the Port of
Seattle and a Consultant Services Agreement with the Aerospace Joint
Apprenticeship Committee to support establishment of a manufacturing resource
center, subject to final terms and conditions acceptable to the City Attorney and
Economic and Community Development Director.
8. Other Business
None
9. Bids
None.
10. Reports from Standing Committees, Council and Staff
Council President’s Report – Council President Boyce – No report.
Mayor Cooke – Mayor Cooke thanked Councilmember Higgins for his report to the
Kent Reporter. Councilmember Higgins provided clarification regarding his
comments to the recent articles.
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Kent City Council Regular Meeting November 7, 2017
Minutes Kent, Washington
Pending Approval
Mayor Cooke advised that the Council will receive a letter from the King County
Flood Control District regarding Van Doren’s park and lower Russell Road levee.
Mayor Cooke advised that critical decisions need to be made regarding the trail.
Administration – Derek Matheson, Chief Administrative Officer, indicated there
are two budget workshops left in 2017. There is a special workshop on November
14, 2017, at 5 p.m., followed by a regular workshop on November 21, 2017. Some
of the remaining budget issues include: property tax, quiet zone funding, square
footage tax for parks capital, and the police and criminal justice levee.
The Operations Committee will take up the budget on December 5, 2017, and the
Council will take action on December 12, 2017.
Derek indicated the YMCA project is moving quickly, and staff is working to finalize
agreements to be presented to the Operations Committee and City Council.
Derek advised that there will be a brief executive session tonight to discuss
collective bargaining. The session is expected to last 10 minutes with no
anticipated action afterwards.
Economic and Community Development – Council President Boyce advised that
the next meeting is scheduled for November 13, 2017.
Operations – Councilmember Ralph advised that during today’s meeting, the
committee recommended the council accept a grant for emergency management,
recommended the refunding of bonds, and recommended, by a vote of 2-1,
adoption of and ordinance increasing the B&O square footage tax.
Parks and Human Services – Councilmember Fincher indicated the committee
heard an update on the contributions report and fee-in-lieu of funds.
Public Safety – Councilmember Berrios advised the next meeting is cancelled.
Public Works – Councilmember Higgins advised his report is in the minutes and
also advised that the committee discussed the renaming of South 238th to “Oberto
Way.”
Puget Sound Regional Fire Authority – Councilmember Thomas indicated the
next meeting will be held on December 6, 2017, at 5:30 p.m. at station 78 in
Covington.
At 6:15 p.m., the Council went into Executive Session.
At 6:25 p.m., the Council came out of Executive Session.
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Kent City Council Regular Meeting November 7, 2017
Minutes Kent, Washington
Pending Approval
12. Adjournment
There being no action following executive session, Mayor Cooke adjourned the
meeting at 6:36 p.m.
Kimberley A. Komoto
City Clerk
November 7, 2017
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Kent City Council Special Workshop November 14, 2017
Minutes Kent, Washington
Pending Approval
Date: November 14, 2017
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Bill Boyce, Council President
Tina Budell, Councilmember
Jim Berrios, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Les Thomas, Councilmember
Council President Boyce opened the meeting at 5:04 p.m.
Agenda:
2018 MID-BIENNIUM BUDGET REVIEW
Aaron BeMiller, Finance Director, provided information regarding the 2018 Mid-
Biennium Budget.
Aaron indicated the remaining issues include:
1. The use of property tax and use of banked property tax
2. Quiet Zone funding
3. Increasing the square footage tax
4. Increasing the external utility tax on private utilities
1. The Use of Property Tax and Use of Banked Property Tax
Aaron presented details regarding the General Fund Six-Year Forecast, including
revenue and expenditure assumptions.
Aaron provided details regarding the Six-Year Forecast and the use of:
• $2.25m in banked capacity in 2018, $1.5m in 2019, and the remaining
$2.6m in 2020.
• $4.5m Banked capacity in 2018 and the remaining $1.9m in 2020
• Full banked capacity of $6.4m in 2018
Aaron provided revenue scenarios for the cumulative 1% growth over time and the
cumulative 1% incremental growth over time.
Property tax assessed valuation and levy rates and the impacts to Kent residents
were provided with regards to the use of $2.25m, $4.5m and $6.4m banked
capacity for 2018.
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Kent City Council Special Workshop November 14, 2017
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Pending Approval
The council requested additional information from the Finance Department
regarding the total impacts to residents for each of the banked property tax
assumptions. Aaron indicated that any information presented would be based on
assumptions.
Derek Matheson, Chief Administrative Officer, advised that the City will provide
scenarios for the impacts of voter approved property tax levies to a house valued at
$300,000 and $500,000.
2. Quiet Zone Funding
Aaron provided information regarding quiet zone funding using general fund
reserves over 18% - $1.4m, funds from the 2017-2018 Street Capital Budget -
$600,000, and Capital Resource Funds - $1m. Aaron indicated the Capital
Resources Fund will be used to cover any costs in excess of $3m.
Tim LaPorte, Public Works Director, and Chad Bieren, Deputy Public Works Director,
provided additional details regarding the Quiet Zone Project that would include 13
total crossings on both the Union Pacific and Burlington Northern Railroad tracks.
The Council sought details on when the cost estimates will be finalized. Chad
ensured that the City will make this project as cost-effective as possible.
3. Increasing the B&O Square Footage Tax
Aaron provided estimated impacts of doubling the square footage tax and provided
uses for the additional revenues that included depositing funds into the Capital
Resources Fund and budget Parks capital, or for any good governmental purpose.
Aaron reviewed scenarios if the square footage tax threshold is increased to $1m,
doubling the manufacturing/retailing rate, and maximizing the wholesaling/services
rate.
The Council requested that the Finance Department provide scenarios of businesses
with small, medium, and large square footage and the proposed impacts with the
proposed increase to the square footage tax.
4. Increasing the external utility tax on private utilities
Aaron indicated the current external utility tax on private utilities is 6% and the tax
could be increased to 8%, that increase requires a vote of the people. The increase
would generate an additional $4.2m in revenue. The additional revenue would be
used for public safety to fully-fund the Police Department, provide additional
staffing to the Legal Department, the courts, and corrections.
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Kent City Council Special Workshop November 14, 2017
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Pending Approval
The estimated annual increase to a household of four would be $137.00.
Aaron BeMiller advised of upcoming dates of note:
• Council Workshop – Final Decisions– November 21, 2017
• Operations Committee – Budget Review and Recommendation – December 5,
2017
• Council Meeting – Adoption of 2018 Property Tax Levy and Adoption of the
2018 Budget Adjustment – December 12, 2017
The meeting concluded at 6:35 p.m.
Kimberley A. Komoto
City Clerk
November 14, 2017
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Agenda Item: Consent Calendar – 7B_
7B. Approval of Bills:
Approval of payment of the bills received through October 15, 2017, and paid on
October 15, 2017. The Operations Committee audited the payment of bills on
November 7, 2017.
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/15/17 Wire Transfers 7266-7285 $2,169,830.93
10/15/17 Regular Checks 718200-718592 $3,569,632.64
10/15/17 Payment Plus $90,745.30
Void Checks ($27,855.29)
10/15/17 Use Tax Payable $10,119.28
$5,812,472.86
Approval of checks issued for payroll for October 1, 2017 through October 15,
2017 and paid on October 20, 2017:
Date Check Numbers Amount
10/20/2017 Checks 0
Voids and Reissues
10/20/2017 Advices 396269-397155 $1,628,183.54
$1,628,183.54
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Agenda Item: Consent Calendar – 7C_
TO: City Council
DATE: November 21, 2017
SUBJECT: 2017 Docket Report – Approve
SUMMARY: In accordance with 12.02.025 of the Kent City Code, planning staff
coordinates on an annual basis, a list (“docket”) of changes suggested by the public or
staff to the comprehensive plan and development regulations. The 2017 Annual
Docket Report lists three site-specific requests for action in 2018 and also provides an
update on items that have not been completed from docket reports since 2015.
EXHIBITS: 2017 Annual Docket Report
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios, Boyce NAY: N/A
BUDGET IMPACTS: None
MOTION: Approve the 2017 Annual Docket Report as recommended by the
Economic and Community Development Committee.
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DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
2017 DOCKETING APPLICATIONS
And
UPDATE ON PREVIOUS DOCKETS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
CPA-2017-6
Rec’d 9/1/17
7682800195
272ND/I-5
Site-specific proposal to amend the comprehensive plan land
use plan map to expand the mixed use designation to the
northern half of the property. The property is located north of S.
272nd Street at 26th Avenue South. (Docket 2014-4 from the
2015 Comprehensive Plan Update approved split designation of
Mixed Use and Low Density Multifamily Residential.)
Contact: Phillip Kitzes, PK Enterprises
PKEnterprises.MV@Gmail.com
206-227-7445
E&CD Light rail in 2024 would be
directly across 26th
Avenue South just east of
the site. Multifamily
residential designations
are north and west of the
site; single family is to the
east and northeast.
Properties to the south lie
within the jurisdiction of
the City of Federal Way
and are designated
multifamily.
Include in 2018
work program
LUPB
Workshop
3/12/18
(tentative)
CPA-2017-5
Rec’d 9/1/17
2922059056
2922059072
2922059119
2922059120
2922059130
2922059132
2922059144
2922059145
2922059232
UDDIN
Proposal to amend the land use plan map from SF8 to Medium
Density Multifamily Residential. The properties are located at
the northwest corner of the intersection of 116th Avenue SE and
Kent Kangley Road. (Docket 2014-6 from the 2015
Comprehensive Plan Update included properties southeast of
the site across 116th Avenue SE which were rezoned to
community commercial zoning.)
Contact: Hans Korve
hans@dmp-inc.us
253-333-2200
E&CD Need to determine
concurrence from multiple
property owners who may
be different from the
applicant. Multifamily
residential designations
are north and south of the
properties; to the east is
single family residential
and to the southeast is
mixed use.
Include in 2018
work program.
LUPB
Workshop
3/12/18
(tentative)
CPA-2017-4
Rec’d 9/1/17
1164000010
1164000020
ALAN CLARK CPA
Proposal to amend the comprehensive plan land use plan map
from SF8 to mixed use. (B1.b East Hill South from the 2015
Comprehensive Plan Update included properties to the east
that were rezoned to community commercial.)
Contact: Alan Clark, East Hill Summit LLC
alan@urbanspaceinc.net
206-819-8116
E&CD Access issues exist.
Multifamily residential
designation is north and
west of the site; mixed
use is east of the site and
single family residential
designation is to the
south.
Include in 2018
work program
LUPB
workshop
3/12/18
(tentative)
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DOCKET NO.
&
DATE REC’D
&
PARCEL NO.
2017 DOCKETING APPLICATIONS
And
UPDATE ON PREVIOUS DOCKETS
PROJECT NAME AND REQUEST (TOPIC)
DEPT
ASSIGNED
Issues
Staff
Recommendation
LUPB ECDC
CC
Action
Year 1
(Yes/No)
DKT-2014-2
DKT-2015-1
Nelson Property Rezone (Urban Separators)
Panther Lake Urban Separators
E&CD In Progress Next LUPB
workshop is
11/13/17
DKT-2015-3 Staff Proposals
(2) Mixed use design guidelines
(5) Commercial Component of Residential Mixed Use
Developments
(6) Manufacturing/Industrial Center Subarea Plan
E&CD
In Progress
In Progress
Pending
DKT-2016-1 Staff Proposals
(B4) Dumpster requirements for multifamily developments -
provide for recycling and composting
(B8) Medical Marijuana code amendment
E&CD
Postpone
Postpone
Page 2 of 2 11-3-2017
\\Cityvmp1v\sdata\PUBLIC\City Clerk's Office\City Council\City Council Meetings\2017\Council Packets\1121\7C 2017 Annual Docket Report.docx
Agenda Item: Consent Calendar – 7D_
TO: City Council
DATE: November 21, 2017
SUBJECT: 2016 Docketed Code Amendments – Ordinance – Adopt
SUMMARY: The code amendments docketed in 2016 and recommended for approval
include the following:
1. Amend the purpose statement for the M1 zoning district.
2. Delete critical areas definitions and correct related code references.
3. Increase the height limitation in the MTC-1 zoning district while maintaining height
restrictions near residential zoning districts.
4. Allow house-banked card rooms as principally permitted uses in CC, CM-1, CM-2,
GC, and M1-C zoning districts not located in areas designated
Manufacturing/Industrial Center, and as conditionally permitted uses in CC-MU and
GC-MU zoning districts. Do not allow house-banked card rooms in areas designated
Urban Center on the Land Use Plan Map. Add the following note in the code table
wherever house-banked card rooms are allowed: Should any court of competent
jurisdiction find that the City zoning for house-banked card rooms is
unconstitutional or illegal, the City elects to permit a legally-existing house-banked
card room to continue operation as a nonconforming legal use and otherwise bans
house-banked card rooms.
5. Allow mathematical rounding for calculation of number of lots for subdivisions,
short plats and multifamily development.
6. Apply residential design review to all newly-constructed or reconstructed
residences.
7. Apply five-foot side yard setbacks to single family residential development in SR-
4.5, SR-6 and SR-8 zoning districts.
8. Increase the public notice mailing radius for short plats, require a major alteration
for access changes to plats and short plats and allow major alterations to retain
vesting.
EXHIBITS: Ordinance; SEPA checklist, decision document and DNS
RECOMMENDED BY: Economic and Community Development Committee
YEA: Berrios and Boyce NAY: N/A
BUDGET IMPACTS: None
MOTION: Adopt Ordinance No. _____, approving the 2016 docketed code
amendments as recommended by the Economic and Community
Development Committee
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapters 3.21,
12.01, 12.04, 15.02, 15.03, 15.04, 15.08, and
15.09 of the Kent City Code pertaining to
development regulations as part of the City’s
annual docket process.
RECITALS
A. The City of Kent (“City”) considers annual amendments to
plans or development regulations that are suggested by interested persons
via a docket process.
B. On October 18, 2016, the city council approved the 2016
docket items and amended 2014 and 2015 docket reports, which included
the code amendments adopted through this ordinance.
C. The purpose statement for M1 Industrial Park District zoning
included a phrase that needed a grammatical correction. The issue was
considered under Docket No. B.1. The correction is included in this
ordinance.
D. On April 19, 2005, the city council passed Ordinance No. 3746
that created Chapter 11.06 of Kent City Code (“KCC”) pertaining to critical
areas. The critical areas code obviated the need for the zoning code to
contain regulations related to critical areas, and those regulations in the
zoning code were repealed. The repeal did not include related definitions
1 Annual Docket Amendments -
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in the zoning code nor did it correct other references to the repealed
sections of the zoning code. Appropriate code definitions and references
were considered under Docket No. B.2. Those definitions and references
are repealed or corrected by this ordinance.
E. Chapter 3.21 KCC prohibits new social card games in the city
except those operated or conducted by bona fide charitable or nonprofit
organizations. Docket No. B.3 requested consideration of removing the
ban on new social card games in certain areas of the city.
F. Docket No. B.4 requested consideration of options for
dumpster space for recycling and composting in multifamily developments.
The city is postponing code amendments pertaining to dumpster space
until review and consideration of amendments approved at the county
level.
G. On March 6, 2007, the city council passed Ordinance No.
3830 that established design review for homes located within subdivisions
and short subdivisions vested after March 22, 2007, or altered to comply
with code amendments effective after March 22, 2007. Ordinance No.
3830 also created mixed side yard setbacks. As noted in the recitals of
that ordinance, the outcomes heard through extensive public outreach
included reducing visual monotony, creating additional space between
buildings, improving building aesthetics and reducing perceived over-
crowding. Docket Nos. B.5 and B.6 considered whether the side yard
setbacks and application of residential design review were creating the
result desired by the city. This ordinance includes amendments intended
to achieve the desired result.
H. In 2014, the city engaged the services of the Urban Land
Institute Technical Assistance Panel (“panel”) to consider which light rail
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station locations in the Midway area would best support transit-oriented
development and related economic and environmental benefits envisioned
in the Midway Subarea Plan. The panel also suggested flexibility in
regulatory requirements, including increasing the height limit in the
Midway Transit Community-1 (MTC-1) area to seven stories or 65 feet
while maintaining the reduced height allowance when abutting a residential
district. The height increase was considered under Docket No. B7 and is
reflected in this ordinance.
I. On October 7, 2014, the city council passed Ordinance No.
4124 amending the Kent City Zoning Code to clarify that marijuana-based
land uses are prohibited in all zoning districts in the city. On July 5, 2016,
the city council passed Ordinance No. 4208 repealing sections of city code
pertaining to medical cannabis collective gardens and prohibiting the
establishment of residential medical marijuana patient cooperatives in all
zoning districts of the city. Further consideration of these prohibitions is
not ripe for analysis at this time (Docket No. B8).
J. On December 13, 2016, the city council passed Ordinance No.
4222 designating the Riverbend Gateway project area as a residential
targeted area for multi-family limited property tax exemptions. The city
council does not desire to consider extending exemption to other locations
at this time (Docket No. B9).
K. On October 19, 2010, the city council passed Ordinance No.
3978 that removed rounding as a mechanism for determining density
when there are less than four lots, and raised the fraction needed to gain
density for lots when there are four to nine. Residents had expressed
concern that rounding in some circumstances could create building lots
whose size conflicts with the character of the surrounding neighborhood.
The ordinance also recognized that rounding was one way to affect
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achieved densities in accordance with the Growth Management Act and
offset additional requirements imposed on subdivisions as a result of new
residential development standards.
L. At their June 7, 2016 meeting, the economic and community
development committee approved including consideration of the rounding
provisions in the work program along with the 2016 docket. The rounding
provisions are included in this ordinance.
M. The public has expressed concerns about the City’s public
notice procedures. At their May 8, 2017 meeting, the land use and
planning board approved including consideration of public notice process
improvements along with the 2016 docket. Public notice process
improvements are included in this ordinance.
N. On September 20, 2017, the city requested expedited review
from the State of Washington under RCW 36.70A.106 for the city’s
proposed amendments to KCC. The expedited review was granted on
October 9, 2017.
O. On October 6, 2017, the city’s SEPA responsible official issued
a Determination of Nonsignificance for the code amendments.
P. The land use and planning board held a workshop to discuss
these code amendments on September 25, 2017. After appropriate public
notice, the board held a public hearing on October 23, 2017 to consider
the proposed code amendments and forwarded their recommendation to
the city council.
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Q. On November 13, 2017, the economic and community
development committee considered the recommendation of the board and
made a recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 3.21 of the Kent City Code
entitled “Gambling Tax,” is amended as follows:
Sec. 3.21.010. Gambling activities and tax.
A. Tax imposed. In accordance with RCW 9.46.110, the following taxes
are levied upon all persons, associations, and organizations who have been
duly licensed by the Washington State Gambling Commission to conduct or
operate gambling activities:
1. For bingo games and raffles, a tax rate of five (5) percent of
the gross receipts received therefrom less the amount awarded as cash or
merchandise prizes;
2. For amusement games, a tax rate of two (2) percent of the
gross receipts from any such amusement games less the amount awarded
as prizes, which is an amount less than the actual amount of costs of
enforcement by the city of the provisions of Chapter 9.46 RCW;
3. For punch boards and pull-tabs for bona fide charitable or
nonprofit organizations and for commercial stimulant operators, a tax rate
of ten (10) percent based on the gross receipts from the operation of the
games less the amount awarded as cash or merchandise prizes;
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4. Commencing July 1, 2013, for social card games not
prohibited by subsection (D) of this section, a tax rate of seven (7) percent
of the gross revenue from those games. Beginning January 1, 2017, this
tax rate will return to eleven (11) percent of the gross revenue from those
games.
B. Definitions. For the purposes of this chapter, the words and terms
used herein shall have the same meaning given to each pursuant to
Chapter 9.46 RCW, as same exist or may from time to time be amended;
and as set forth under the rules of the Washington State Gambling
Commission, WAC Title 230, as the same exists or may hereafter be
amended, unless otherwise specifically provided herein.
C. Exemption from tax. No tax shall be imposed under the authority of
this chapter on bingo or amusement games when such activities or any
combination thereof are conducted by any bona fide charitable or nonprofit
organization as defined in Chapter 9.46 RCW, which organization has no
paid operating or management personnel and has gross receipts from
bingo or amusement games, or any combination thereof, not exceeding
five thousand dollars ($5,000) per year less the amount awarded as cash
or merchandise prizes. For raffles conducted by bona fide charitable or
nonprofit organizations, no tax shall be imposed under this chapter on the
first ten thousand dollars ($10,000) per year of gross receipts, less the
amount awarded as cash or merchandise for prizes.
D. Social House-banked card roomsgames – Prohibited – Exceptions.
Pursuant to RCW 9.46.295 and to the city’s police power and legislative
authority, the operation or conduct of house-bankedsocial card
roomsgames by any person, association, or organization as a commercial
stimulant, as defined in Chapter 9.46 RCW, is allowedprohibited within the
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city of Kent pursuant to Title 15 Kent City Code; provided, that house-
banked social card game establishments licensed by the Washington State
Gambling Commission, lawfully operating in an area as described in RCW
9.46.295 and annexed by the city of Kent, and which are in compliance
with the provisions of this chapter, may continue to operate house-banked
social card games as a commercial stimulant under said license and
renewals thereto at the original licensed location or at another location
within the same annexation area; provided, however, that a relocated
establishment must otherwise comply with applicable land use and
Gambling Commission regulations. It is further provided that bona fide
charitable or nonprofit organizations, as defined in Chapter 9.46 RCW, may
operate or conduct social card games if said social card games have been
duly licensed by the Washington State Gambling Commission and if they
are otherwise operated or conducted in compliance with the provisions of
this chapter. A violation of this section shall not be subject to KCC
1.01.140.
Sec. 3.21.020. Administration and collection. The
administration and collection of the tax imposed by this chapter shall be by
the finance director, pursuant to the rules and regulations of the state
gambling commission. The city council shall adopt and publish such rules
and regulations as may be reasonably necessary to enable the collection of
the tax imposed herein.
Sec. 3.21.030. Filing. For the purpose of identifying who shall be
subject to the tax imposed by this chapter, any person, association, or
organization intending to conduct or operate any gambling activity
authorized by RCW 9.46.010 et seq. shall, prior to commencement of any
such activity, file with the finance director a sworn declaration of intent to
conduct or operate such activity, together with a copy of the license issued
in accordance with RCW 9.46.010 et seq. Thereafter, for any period
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covered by such state license or any renewal thereof, any person,
association, or organization shall, on or before the fifteenth day of the
month following the end of the quarterly period in which the tax accrued,
file with the finance director a sworn statement on a form to be provided
and prescribed by the city council for the purpose of ascertaining the tax
due for the preceding quarterly period.
Sec. 3.21.040. Tax due.
A. Quarterly tax reporting and payment. Except as provided in
subsection (B) of this section for taxes due in excess of fifty thousand
dollars ($50,000) annually, the tax imposed by this chapter shall be due
and payable in quarterly installments and remittance therefor, together
with the return forms, shall be made on or before the final day of the
month immediately after the quarterly period in which the tax accrued.
Such payments shall be due on January 31, April 30, July 31, and October
31 of each respective year.
1. Whenever any person, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance director, after not less than ten (10) days’ notice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
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B. Monthly tax reporting and payment. The tax imposed by this chapter
shall be due and payable in monthly installments when the gambling taxes
due in the previous calendar year were in excess of fifty thousand dollars
($50,000). In that event, the tax remittance, together with the return
forms, shall be made on or before the final day of the month immediately
after the month in which the tax accrued.
1. Whenever any person, association, or organization taxed
under this chapter quits business, sells out, or otherwise disposes of its
business, or terminates the business, any tax due shall become due and
payable immediately, and such taxpayer shall, within ten (10) days after
the last date the establishment is open for business, file a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection
of taxes from any person, association, or organization may be in jeopardy,
the finance director, after not less than ten (10) days’ notice to the
taxpayer, is authorized to require that the taxpayer remit taxes due and
returns at such shorter intervals than otherwise provided, as the finance
director deems appropriate under the circumstances.
Sec. 3.21.041. Administration and collection of tax.
A. Administration and collection of the various taxes imposed by this
chapter shall be the responsibility of the finance director. Remittance of
the amount due shall be accompanied by a completed return form
prescribed and provided by the finance director. The taxpayer shall be
required to swear and affirm that the information given in the return is
true, accurate, and complete.
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B. The finance director is authorized, but not required, to mail to
taxpayers forms for returns. Failure of the taxpayer to receive such a form
shall not excuse the taxpayer from making the return and timely paying all
taxes due. The finance director shall have forms available to the public in
reasonable numbers at the city hall customer services department during
regular business hours.
C. In addition to the return form, a copy of the taxpayer’s quarterly
report to the Washington State Gambling Commission required by Chapter
230-08 WAC for the period in which the tax accrued, shall accompany
remittance of the tax amount due.
Sec. 3.21.042. Method of payment. Taxes payable hereunder
shall be remitted to the finance director on or before the time required by
bank draft, certified check, cashier’s check, personal check, money order,
credit card, or cash. If payment is made by draft, credit card, or check, the
tax shall not be deemed paid until the draft, credit card, or check is
honored in the usual course of business, nor shall the acceptance of any
sum by the finance director be an acquittance or discharge of the tax
unless the amount paid is the full amount due. The return and copy of the
quarterly report to the Washington State Gambling Commission shall be
filed in the office of the finance director after notation by the finance
director upon the return of the amount actually received from the
taxpayer.
Sec. 3.21.043. Failure to make timely payment of tax or fee.
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A. Penalty. For each payment due, if such payment is not made by the
due date thereof, there shall be added a penalty as follows:
1. If not paid on or before the first day of the second month next
succeeding the quarterly period in which the tax accrued, ten (10) percent
of the total tax due with a minimum penalty of five dollars ($5).
2. If not paid on or before the first day of the third month next
succeeding the quarterly period in which the tax accrued, fifteen (15)
percent of the total tax due with a minimum penalty of ten dollars ($10).
3. If not paid on or before the first day of the fourth month next
succeeding the quarterly period in which the tax accrued, twenty (20)
percent of the total tax due with a minimum penalty of twenty dollars
($20).
4. Failure to make full payment of all taxes and penalties due by
the final day of the third month next succeeding the quarterly period in
which the tax accrued shall be deemed to be both a criminal and civil
violation of this chapter.
B. Service charge. In addition to the penalties imposed under
subsection (A) of this section, a service charge of one (1) percent of the
amount of the unpaid balance or two dollars ($2.00), whichever amount is
greater, will be imposed one (1) month from the date payment was due,
and at the end of each succeeding monthly period, until all past due
amounts are paid in full.
Sec. 3.21.050. Records required.
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A. Each person, association, or organization engaging in an activity
taxable under this chapter shall maintain records respecting that activity
which truly, completely, and accurately disclose all information necessary
to determine the taxpayer’s tax liability hereunder during each base tax
period. Such records shall be kept and maintained for a period of not less
than three (3) years. In addition, all information and items required by the
Washington State Gambling Commission under Chapter 230-08 WAC, and
the United States Internal Revenue Service, respecting taxation, shall be
kept and maintained for the periods required by those agencies.
B. All books, records, and other items required to be kept and
maintained under this section shall be subject to, and immediately made
available for inspection and audit at any time, with or without notice, at
the place where such records are kept upon the demand of the finance
director or his designee for the purpose of enforcing the provisions of this
chapter.
C. Where the taxpayer does not keep all of the books, records, or items
required to be kept or maintained under this section within the jurisdiction
of the city so that the auditor may examine them conveniently, the
taxpayer shall either:
1. Produce and make available for inspection in this jurisdiction
all of the required books, records, or other items within ten (10) days
following a request by the auditor that he do so;
2. Bear the actual cost of inspection by the auditor or his
designee at the location of which books, records or items are located;
provided, that a taxpayer choosing to bear these costs shall pay in
advance to the finance director the estimated costs thereof, including but
not limited to, round trip fare by the most rapid means, lodging, meals,
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and incidental expenses. The actual amounts due or to be refunded for
expenses shall be determined following the examination of the records.
D. A taxpayer who fails, neglects, or refuses to produce such books and
records either within or without this jurisdiction, in addition to being
subject to other civil and criminal penalties provided by this chapter, shall
be subject to a jeopardy fee or tax assessment by the auditor which
penalty fee or jeopardy assessment shall be deemed prima facie correct
and shall be the amount of the fee or tax owing by the taxpayer unless he
can prove otherwise. The taxpayer shall be notified by the finance director
by posting in the mails of the United States, addressed to the taxpayer to
the last address on file with the finance department, a statement of the
amount of tax so determined by jeopardy assessment, together with any
penalty and/or interest, and the total of such amounts shall thereupon
become immediately due and payable.
Sec. 3.21.051. Overpayment or underpayment of tax. If,
upon application by a taxpayer for a refund or for an audit of his records,
or upon any examination of the returns or records of any taxpayer, it is
determined by the finance director that within three (3) years immediately
preceding receipt by the finance director of the application by the taxpayer
for a refund or an audit, or in the absence of such an application, within
three (3) years immediately preceding the commencement by the finance
director of such examination:
A. A tax or other fee has been paid in excess of that properly due, the
total excess paid over all amounts due to the city within such period of
three (3) years shall be credited to the taxpayer’s account or shall be
credited to the taxpayer at the taxpayer’s option. No refund or credit shall
be allowed for any excess paid more than three (3) years before the date
of such application or examination.
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B. A tax or other fee has been paid which is less than that properly
due, or no tax or other fee has been paid, the finance director shall mail a
statement to the taxpayer, showing the balance due, including the tax
amount or penalty assessments and fees, and it shall be a separate,
additional violation of this chapter, both civil and criminal if the taxpayer
fails to make payment in full within ten (10) calendar days of such mailing.
Sec. 3.21.052. Failure to make return. If any taxpayer fails,
neglects, or refuses to make and file his return as and when required
under this chapter, the finance director is authorized to determine the
amount of tax payable, together with any penalty and/or interest assessed
under the provisions of this chapter and by mail to notify such taxpayer of
the amount so determined, which amount shall thereupon become the tax
and penalty and/or interest and shall become immediately due and
payable.
Sec. 3.21.053. Tax additional to others. The taxes levied
herein shall be additional to any license fee or tax imposed or levied under
any law or other ordinance of the city except as otherwise herein expressly
provided.
Sec. 3.21.054. Finance director to make rules. The finance
director shall have the power, and it shall be his or her duty, from time to
time, to adopt, publish and enforce rules and regulations not inconsistent
with this chapter or other applicable laws for the purpose of carrying out
the provisions hereof, and it is unlawful to violate or fail to comply with
any such rule or regulation.
Sec. 3.21.055. Taxes, penalties, service charges, and fees
constitute debt to municipality. Any tax due and unpaid under this
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chapter and all penalties, service charges, or fees shall constitute a debt to
the city. The city may, pursuant to Chapter 19.16 RCW, use a collection
agency to collect outstanding debts, or it may seek collection by court
proceedings, which remedies shall be in addition to all other existing
remedies. Further, as provided for in RCW 9.46.110(4), as now enacted or
hereafter amended, taxes and associated penalties and charges imposed
under this chapter shall become a lien upon personal and real property
used in the gambling activity in the same manner as provided for under
RCW 84.60.010 for property taxes. The lien shall attach on the date the
tax becomes due and shall relate back and have priority against real and
personal property to the same extent as ad valorem taxes.
Sec. 3.21.060. Penalties. Any person who shall fail or refuse to
pay the tax as required in this chapter, or who shall wilfully disobey any
rule or regulation promulgated by the city council under this chapter, shall
be guilty of a misdemeanor and upon conviction shall be punished by
imprisonment for not more than ninety (90) days or by a fine of not more
than two hundred fifty dollars ($250) or by both such fine and
imprisonment. Any such fine shall be in addition to the tax required.
Officers, directors, and managers of any organization conducting gambling
activities shall be jointly and severally liable for the payment of the tax and
for the payment of any fine imposed under this chapter.
SECTION 2. – Amendment. Section 12.01.145 of the Kent City
Code, entitled “Notice of open record hearing” is amended as follows:
Sec. 12.01.145 Notice of open record hearing.
A. Notice of open record hearing for all types of applications. The notice
given of an open record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant’s representative;
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2. Description of the affected property, which may be in the
form of either a vicinity location sketch or written description, other than a
legal description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and
provide testimony;
6. When and where information may be examined, and when
and how written comments addressing findings required for a decision by
the hearing body may be submitted;
7. The name of a city representative to contact and the
telephone number where additional information may be obtained;
8. That a copy of the application, all documents and evidence
relied upon by the applicant and applicable criteria are available for
inspection at no cost and will be provided at the cost of reproduction; and
9. That a copy of the staff report will be available for inspection
at no cost at least five (5) calendar days prior to the hearing and copies
will be provided at the cost provided for in the city’s public record
disclosure policy.
B. Mailed notice of open record hearing. Mailed notice of the open
record hearing shall be provided by the city in hard copy or e-mail as
follows:
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1. Process I, II, and V actions. No public notice is required
because an open record hearing is not held. Notice for short plat meetings
is mailed to property owners within threetwo hundred (2300) feet.
Shoreline permit notices shall be in accordance with the requirements of
WAC 173-27-110.
2. Process III and IV actions. The notice of open record hearing
shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor’s office within three hundred (300) feet of the subject
property; and
c. Any person who submits written comments, delivered
to the planning services office, regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general
notice of open record hearing requirements for Process IV actions above,
additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or
within two (2) miles of the boundary of a state or municipal airport shall be
given to the Secretary of Transportation, who must respond within fifteen
(15) calendar days of such notice.
b. Special notice of the hearing shall be given to adjacent
land owners by any other reasonable method the city deems necessary.
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Adjacent land owners are the owners of real property, as shown by the
records of the King County assessor, located within three hundred (300)
feet of any portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real
property proposed to be subdivided, notice under RCW 58.17.090(1)(b)
shall be given to owners of real property located within three hundred
(300) feet of such adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsections (C) and (D) of this section,
and use all other methods of notice as required by RCW 35A.12.160. For
privately proposed amendments to the comprehensive plan land use map,
notice of the open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of
the county assessor’s office within three hundred (300) feet of the affected
property; and
c. Any person who has requested notice.
For revised geographic scope of the privately proposed land use plan map
amendments, notice of the open record hearing shall be given by
notification of all property owners within the revised land use plan map
amendment area.
C. Procedure for posted or published notice of open record hearing.
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1. Posted notice of the open record hearing is required for all
Process III and IV actions. The posted notice of hearing shall be added to
the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the open record hearing is required for all
Process III and IV procedures. The published notice shall be published in
the city’s official newspaper or appropriate substitute as provided for in
Resolution No. 1747 or as subsequently amended and contain the following
information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Date, time, and location of the hearing; and
e. Location where the complete application may be reviewed.
3. Published notice of the open record hearing is required for all
Process VI procedures. The notice shall be published in the city’s official
newspaper or appropriate substitute as provided for in Resolution No. 1747
or as subsequently amended and, in addition to the information required in
subsection (C)(2) of this section, shall contain the project description and
the location where the complete file may be reviewed.
D. Time of notice of open record hearing. Notice shall be mailed, posted
and first published not less than ten (10) calendar days prior to the
hearing date. Any posted notice and notice boards shall be removed by the
19 Annual Docket Amendments -
Re: Development Regulations
applicant within seven (7) calendar days following the conclusion of the
open record hearing(s).
SECTION 3. – Amendment. Section 12.04.227 of the Kent City
Code, entitled “Procedure for alteration of a subdivision or short
subdivision” is amended as follows:
Sec. 12.04.227. Procedure for alteration of a subdivision or
short subdivision.
A. An applicant requesting to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, shall submit a
plat alteration application to the permit center. The application shall be
accompanied by such submittal requirements as described in the
application form, and applicable fees, and shall contain the signatures of all
persons having an ownership interest in lots, tracts, parcels, sites, or
divisions within the subdivision or short subdivision or in that portion to be
altered.
B. The planning director shall have the authority to determine whether
the proposed alteration constitutes a minor or major alteration. Major
alterations are those that are not in response to staff review or public
appeal and substantially change the basic design, increase the number of
lots, substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, substantially change access
points, or other similar requirements or provisions. Minor alterations are
those that make minor changes to engineering design or lot dimensions,
decrease the number of lots to be created, or increase open space, or
other similar minor changes. Major alterations shall not alter the be
treated as new applications for purposes of vesting or validity period of the
originally approved subdivision or short subdivision.
20 Annual Docket Amendments -
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C. If the subdivision or short subdivision is subject to restrictive
covenants which were filed at the time of the approval, and the application
for alteration would result in the violation of a covenant, the application
shall contain an agreement signed by all parties subject to the covenants
providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or
short subdivision or any portion thereof.
D. If the alteration is requested prior to final plat or final short plat
review and signature, a minor alteration may be approved with consent of
the planning and the public works directors. A major plat or short plat
alteration shall require consent of the short subdivision committee for
short subdivisions or the hearing examiner for subdivisions after public
notice and a public meeting or hearing is held. Planning services shall
provide notice of the application for a major plat or short plat alteration to
all owners of property within the subdivision or short subdivision, all
parties of record, and as was required by the original subdivision or short
subdivision application. The planning director shall have the authority to
determine whether the proposed alteration constitutes a minor or major
alteration pursuant to subsection (B) of this section.
E. If the alteration is requested after final plat or final short plat review
and signature, but prior to filing the final plat or final short plat with King
County, a plat or short plat alteration may be approved with consent of the
short subdivision committee for short subdivisions or the planning director
for subdivisions. Upon receipt of an application for alteration, planning
services shall provide notice of the application to all owners of property
within the subdivision or short subdivision, all parties of record, and as was
required by the original application. The notice shall establish a date for a
public meeting or hearing.
21 Annual Docket Amendments -
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F. If the alteration is requested after filing the final plat or final short
plat with King County, a minor plat or short plat alteration may be
approved with consent of the short subdivision committee in the case of
short subdivisions or the planning director for subdivisions. If the planning
director determines that the proposed alteration is a major alteration,
pursuant to subsection (B) of this section, then the planning director may
require replatting pursuant to this chapter. Upon receipt of an application
for alteration, planning services shall provide notice of the application to all
owners of property within the subdivision or short subdivision, all parties of
record, and as was required by the subdivision or short subdivision plat
application. The notice shall establish a date for a public meeting or
hearing.
G. The city shall determine the public use and interest in the proposed
alteration and may deny or approve the application for alteration. If any
land within the alteration is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the remaining
lots, parcels, or tracts, or be levied equitably on the lots resulting from the
alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision, such land may be
altered and divided equitably between adjacent properties.
H. After approval of the alteration, the city shall order the applicant to
produce a revised drawing of the approved alteration of the subdivision or
short subdivision, which after signature the final plat or final short plat
shall be filed with King County to become the lawful plat or short plat of
the property.
I. This section shall not be construed as applying to the alteration or
replatting of any plat or short plat of state-granted shore lands.
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SECTION 4. – Amendment. Chapter 15.02 of the Kent City Code
is amended to adopt a new Section 15.02.070.1, entitled “House-Banked
Card Rooms,” as follows:
Sec. 15.02.070.1 House-Banked Card Room. House-banked
card room means a use governed pursuant to the provisions of chapter
9.46 RCW, 1973 Gaming Act, and licensed by the Washington State
Gambling Commission.
SECTION 5. – Repealer. Section 15.02.092 of the Kent City Code
entitled “Creeks, major” is hereby repealed in its entirety.
SECTION 6. – Repealer. Section 15.02.093 of the Kent City Code
entitled “Creeks, minor,” is hereby repealed in its entirety.
SECTION 7. – Amendment. Section 15.02.096 of the Kent City
Code entitled “”Density, maximum permitted,” is recodified as Section
15.02.103 and is amended as follows:
Sec. 15.02.096103. Density, maximum permitted. Maximum
permitted density refers to the maximum number of dwelling units
permitted per acre, subject to lot size and other development standards of
Ch. 15.04 KCC. When determining the allowed number of lots or dwelling
units for a subdivision, short subdivision, or multifamily project all site area
may be included in the calculation. If calculations result in less than one
full lot or unit, the fractions above .50 shall be rounded up and fractions
.50 and below shall be rounded down shall be rounded to the nearest
whole number as provided below.
23 Annual Docket Amendments -
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A. For less than four (4) lots or dwelling units, rounding shall not be
used in calculating the maximum density.
B. For four (4) to six (6) lots or dwelling units, fractions of 0.85 and
above shall be rounded up, and fractions below 0.85 shall be rounded
down.
C. For seven (7) to nine (9) lots or dwelling units, fractions of 0.75
and above shall be rounded up, and fractions below 0.75 shall be rounded
down.
D. For ten (10) or more lots or dwelling units, fractions above 0.50
shall be rounded up, and fractions 0.50 and below shall be rounded down.
SECTION 8. –Repealer. Section 15.02.112 of the Kent City Code
entitled “Drainage ditch,” is hereby repealed in its entirety.
SECTION 9. – Repealer. Section 15.02.132 of the Kent City Code
entitled “Erosion hazard areas,” is hereby repealed in its entirety.
SECTION 10. – Repealer. Section 15.02.222 of the Kent City Code
entitled “Landslide areas,” is hereby repealed in its entirety.
SECTION 11. – Repealer. Section 15.02.337 of the Kent City Code
entitled “Ravine,” is hereby repealed in its entirety.
SECTION 12. – Repealer. Section 15.02.342 of the Kent City Code
entitled “Seismic hazard areas,” is hereby repealed in its entirety:
SECTION 13. - Repealer. Section 15.02.530 of the Kent City Code
entitled “Unique and fragile area,” is hereby repealed in its entirety.
24 Annual Docket Amendments -
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SECTION 14. – Amendment. Section 15.03.010 of the Kent City
Code entitled “Establishment and designation of districts,” is amended as
follows:
Sec. 15.03.010 Establishment and designation of districts.
The various districts established by this title and into which the city is
divided are designated as follows:
A-10 Agricultural District
The stated goal of the city is to preserve prime agricultural land in the
Green River Valley as a nonrenewable resource. The agriculture zone shall
actively encourage the concentration of agricultural uses in areas where
incompatibility with urban uses will be minimal to aid in the
implementation of those goals. Further, such classification of prime
agricultural land thus recognizes and encourages farming activity as a
viable sector of the local economy.
SR-1 Residential Agricultural District
The purpose of the SR-1 zone is to provide for areas allowing low density
single-family residential development. SR-1 zoning shall be applied to
those areas identified in the comprehensive plan for low density
development, because of environmental constraints or the lack of urban
services.
AG Agricultural General District
The purpose of the AG zone is to provide appropriate locations for
agriculturally related industrial and retail uses in or near areas designated
25 Annual Docket Amendments -
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for long-term agricultural use. Such areas may contain prime farmland
soils which may be currently or potentially used for agricultural production.
SR-3 Single-Family Residential District
SR-4.5 Single-Family Residential District
SR-6 Single-Family Residential District
SR-8 Single-Family Residential District
It is the purpose of the single-family residential districts to stabilize and
preserve single-family residential neighborhoods, as designated in the
comprehensive plan. It is further the purpose to provide a range of
densities and minimum lot sizes in order to promote diversity and
recognize a variety of residential environments.
MR-D Duplex Multifamily Residential District
It is the purpose of the MR-D district to provide for a limited increase in
population density and allow for a greater variety of housing types by
allowing duplex dwelling units and higher density single-family detached
residential development.
MR-T12 Multifamily Residential Townhouse District
MR-T16 Multifamily Residential Townhouse District
It is the purpose of the MR-T districts to provide suitable locations for low
to medium density multifamily residential development where home
ownership is encouraged consistent with the comprehensive plan.
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MR-G Low Density Multifamily Residential District
It is the purpose of the MR-G district to provide locations for low to
medium density multifamily residential development and higher density
single-family residential development, as designated in the comprehensive
plan.
MR-M Medium Density Multifamily Residential District
It is the purpose of the MR-M district to provide for locations for medium
density multifamily residential development and higher density single-
family residential development, as designated in the comprehensive plan.
MR-H High Density Multifamily Residential District
It is the purpose of the MR-H district to provide for locations for high
density residential districts suitable for urban living.
MHP Mobile Home Park Combining District
The MHP combining district is designed to provide proper locations for
mobile home parks. Mobile home parks may be located in any multi-family
residential district when MHP combining district regulations and
development plans are approved for that location.
PUD Planned Unit Development District
The intent of the PUD is to create a process to promote diversity and
creativity in site design, and protect and enhance natural and community
features. The process is provided to encourage unique developments which
27 Annual Docket Amendments -
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may combine a mixture of residential, commercial, and industrial uses. By
using flexibility in the application of development standards, this process
will promote developments that will benefit citizens that live and work
within the city.
NCC Neighborhood Convenience Commercial District
It is the purpose of the NCC district to provide small nodal areas for retail
and personal service activities convenient to residential areas and to
provide ready access to everyday convenience goods for the residents of
such neighborhoods. NCC districts shall be located in areas designated for
neighborhood services in the comprehensive plan.
CC Community Commercial District
The purpose of the CC district is to provide areas for limited commercial
activities that serve several residential neighborhoods. This district shall
only apply to such commercial districts as designated in the city
comprehensive plan. It is also the purpose of this district to provide
opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan.
DC Downtown Commercial District
It is the purpose of the DC district to provide a place and create
environmental conditions which will encourage the location of dense and
varied retail, office, residential, civic, and recreational activities which will
benefit and contribute to the vitality of a central downtown location, to
recognize and preserve the historic pattern of development in the area and
to implement the land use goals and policies in the 1989 downtown plan,
the Kent comprehensive plan, and the downtown action plan. In the DC
28 Annual Docket Amendments -
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area, permitted uses should be primarily pedestrian-oriented and able to
take advantage of on-street and structured off-street parking lots.
DCE Downtown Commercial Enterprise District
The purpose of this district is to encourage and promote higher density
development and a variety and mixture of compatible retail, commercial,
residential, civic, recreational, and service activities in the downtown area,
to enhance the pedestrian-oriented character of the downtown, and to
implement the goals and policies of the 1989 downtown plan, the Kent
comprehensive plan, and the downtown strategic action plan.
DCE-T Downtown Commercial Enterprise District – Transitional Overlay
Within the downtown commercial enterprise district, a transitional overlay
addresses compatibility of higher intensity mixed use development with
nearby single-family residential zones through height limits and required
application of certain downtown design review elements.
MTC-1 Midway Transit Community-1 District
The purpose and intent of the MTC-1 district is to provide an area that will
encourage the location of moderately dense and varied retail, office, or
residential activities in support of rapid light rail and mass transit options,
to enhance a pedestrian-oriented character while acknowledging the
existing highway corridor character, and to implement the goals and
policies of the Midway Subarea Plan.
MTC-2 Midway Transit Community-2 District
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The purpose and intent of the MTC-2 district is to provide a place and
create environmental conditions which will promote the location of dense
and varied retail, office, or residential activities, and recreational activities
in support of rapid light rail and mass transit options, to ensure a primarily
pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
MCR Midway Commercial/Residential District
The purpose and intent of the MCR district is to provide area that will
encourage the location of dense and varied retail, office, or residential
activities in support of rapid light rail and mass transit options, to enhance
a pedestrian-oriented character, and to implement the goals and policies of
the Midway Subarea Plan.
CM-1 Commercial Manufacturing-1 District
It is the purpose of the CM-1 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and industrial operations, heavy commercial uses, and
wholesale uses.
CM-2 Commercial Manufacturing-2 District
It is the purpose of the CM-2 district to provide locations for those types of
developments which combine some characteristics of both retail
establishments and small-scale, light industrial operations, heavy
commercial and wholesale uses, and specialty manufacturing.
GC General Commercial District
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The purpose and intent of the general commercial district is to provide for
the location of commercial areas developed along certain major
thoroughfares; to provide use incentives and development standards which
will encourage the redevelopment and upgrading of such areas; to provide
for a range of trade, service, entertainment, and recreation land uses
which occur adjacent to major traffic arterials and residential uses; and to
provide areas for development which are automobile-oriented and
designed for convenience, safety, and the reduction of the visual blight of
uncontrolled advertising signs, traffic control devices, and utility
equipment. It is also the purpose of this district to provide opportunities
for mixed use development within the designated mixed use overlay
boundary, as designated by the comprehensive plan.
M1, M1-C Industrial Park District
The purpose of the M1 district is to provide an environment exclusively for
and conducive to the development and protection of a broad range of
industrial, office, and business park activities, including modern, large-
scale administrative facilities, research institutions, and specialized
manufacturing organizations, all of a non-nuisance type, as designated in
the comprehensive plan. This district is intended to provide areas for
those industrial activities that desire to conduct business in an atmosphere
of prestigiouse location in which environmental amenities are protected
through a high level of development standards. It is also the purpose of
this zone to allow certain limited commercial land uses that provide
necessary personal and business services for the general industrial area.
Such uses are allowed in the M1 district, through the application of the “C”
suffix, at centralized, nodal locations where major arterials intersect.
M2 Limited Industrial District
31 Annual Docket Amendments -
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The purpose of the M2 district is to provide areas suitable for a broad
range of industrial and warehouse/distribution activities. The permitted
uses are similar to those of the industrial park district; except, that non-
industrial uses, particularly office and retail, are restricted, in accordance
with the manufacturing/industrial center designation in the comprehensive
plan. Development standards are aimed at maintaining an efficient and
desirable industrial area.
M3 General Industrial District
The purpose of the M3 district is to provide areas suitable for the broadest
range of industrial activities, and to specify those industrial activities
having unusual or potentially deleterious operational characteristics, where
special attention must be paid to location and site development. Light
industrial uses which require restrictive standards on the part of adjoining
uses and non-industrial uses are discouraged from locating in this district,
in accordance with the manufacturing/industrial center designation in the
comprehensive plan.
SU Special Use Combining District
It is the purpose of the SU district to provide for special controls for certain
uses which do not clearly fit into other districts, which may be due to
technological and social changes, or which are of such unique character as
to warrant special attention in the interest of the city’s optimum
development and the preservation and enhancement of its environmental
quality. A special use combining district is imposed on an existing zoning
district, permitting the special use as well as uses permitted by the
underlying zone. The combining district becomes void if substantial
construction has not begun within a one-year period, and the district
reverts to its original zoning designation. It is the intent of the special use
32 Annual Docket Amendments -
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combining regulations to provide the city with adequate procedures for
controlling and reviewing such uses and to discourage application for
speculative rezoning.
SECTION 15. - Amendment. Section 15.04.110 of the Kent City
Code entitled “Cultural, entertainment, and recreation land uses,” is
amended as follows:
Sec. 15.04.110. Cultural, entertainment, and recreation land
uses.
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-1
SR
-3
SR
-4
.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
Performing and
cultural arts uses,
such as art
galleries/studios
P
(3)
P P P P P P P P
House-Banked Card
Rooms
P
C
(1)
P
(1)
P
(1)
P
C
(1)
P
(4)
Historic and
monument sites
P P
33 Annual Docket Amendments -
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Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-1
SR
-3
SR
-4
.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
Public assembly
(indoor): sports
facilities, arenas,
auditoriums and
exhibition halls,
bowling alleys, dart-
playing facilities,
skating rinks,
community clubs,
athletic clubs,
recreation centers,
theaters (excluding
school facilities)
P P C C P P P
(2)
P
(2)
P
(2)
Public assembly
(outdoor):
fairgrounds and
amusement parks,
tennis courts,
athletic fields,
miniature golf,
go-cart tracks,
drive-in theaters,
etc.
C P P
Open space use:
cemeteries, parks,
playgrounds, golf
courses, and other
recreation facilities,
including buildings
or structures
associated therewith
C C C C C C C C C C C C C C C P
(6)
C
P
(6)
C
C
(9)
C
(9)
C
(9)
C P
(7)
C
P
(7)
C
C C C C
Employee recreation
areas
A A A A
Private clubs,
fraternal lodges, etc.
C C C C C C C C C C C C C C C C C P
(5)
C
C P
(5)
C
C C P
(5)
C
C C C C
Recreational vehicle
parks
C
Accessory uses and
structures
A A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A A A A A A A A A A A A A A A A A A A A
34 Annual Docket Amendments -
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Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
A-
1
0
AG
SR
-1
SR
-3
SR
-4
.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
customarily
appurtenant to a
permitted use
Recreational
buildings in MHP
A
SECTION 16. - Amendment. Section 15.04.120 of the Kent City
Code entitled “Cultural, entertainment, and recreation land use
development conditions,” is amended as follows:
Sec. 15.04.120. Cultural, entertainment, and recreation land
use development conditions.
1. [Reserved] House-banked card rooms are not allowed in areas
zoned GC-MU (General Commercial-Mixed Use) or CC-MU (Community
Commercial-Mixed Use) unless authorized by a Conditional Use Permit.
House-Banked card rooms are not allowed in areas designated Urban
Center on the Land Use Plan Map. Should any court of competent
jurisdiction find that the City zoning for house-banked card rooms is
unconstitutional or illegal, the City elects to permit a legally-existing card
room to continue operation as a nonconforming legal use and otherwise
bans card rooms.
2. Principally permitted uses are limited to indoor paintball, health and
fitness clubs and facilities, gymnastic schools, and other similar uses
35 Annual Docket Amendments -
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deemed compatible with the general character and stated purpose of the
district.
3. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk, and
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
36 Annual Docket Amendments -
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g. Any other use that is determined by the economic and
community development director to be of the same general character as
the above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, use interpretations.
4. [Reserved] House-banked card rooms are not allowed in areas
designated Manufacturing/Industrial Center (MIC). Should any court of
competent jurisdiction find that the City zoning for house-banked card
rooms is unconstitutional or illegal, the City elects to permit a legally-
existing house-banked card room to continue operation as a
nonconforming legal use and otherwise bans house-banked card rooms.
5. Business, civic, social, and fraternal associations and service offices
are principally permitted uses.
37 Annual Docket Amendments -
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6. Principally permitted uses are limited to parks and playgrounds.
7. Principally permitted uses are limited to golf driving ranges.
8. [Reserved].
9. Conditionally permitted uses are limited to parks and playgrounds.
10. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
SECTION 17. - Amendment. Section 15.04.170 of the Kent City
Code entitled “Agricultural and residential zone development standards,” is
amended as follows:
Sec. 15.04.170. Agricultural and residential zone
development standards.
//
//
//
38 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
A-
1
0
Ag
r
i
c
u
l
t
u
r
a
l
SR
-1
Re
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-4
.
5
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-6
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-8
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-D
Du
p
l
e
x
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-T
1
2
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
en
t
i
a
l
To
w
n
h
o
u
s
e
MR
-T
1
6
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
To
w
n
h
o
u
s
e
MR
-G
Lo
w
D
e
n
s
i
t
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-M
Me
d
i
u
m
D
e
n
s
it
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-H
Hi
g
h
D
e
n
s
i
t
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MH
P
Mo
b
i
l
e
H
o
m
e
P
a
r
k
Co
m
b
i
n
i
n
g
SF Dupl
ex
SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF
Maximum
density:
dwelling
units per
acre
1
du
/
10
ac
1
du/a
c
3.63
dus/
ac
4.53
dus/
ac
6.05
dus/
ac
8.71
dus/
ac
8.71
dus/
ac
10.8
9
dus/
ac
12.0
dus/
ac
12.0
dus/
ac
16.0
dus/
ac
16.0
dus/ac
16.0
dus/
ac
16.0
dus/
ac
23.0
dus/
ac
23.0
dus/
ac
40.0
dus/
ac
40.0
dus/
ac
Minimum lot
area: square
feet or
acres, as
noted
10
ac
34,7
00
sq ft
9,60
0
sq ft
7,60
0
sq ft
(37)
5,70
0
sq ft
(37)
4,00
0
sq ft
(37)
4,00
0 sq
ft
8,00
0 sq
ft
non
e
8,00
0 sq
ft
8,50
0/
3,50
0 sq
ft
(27)
non
e
8,00
0 sq
ft
(35)
8,500/3
,500 sq
ft (35)
non
e
8,00
0 sq
ft
8,50
0/
2,50
0 sq
ft
(1)
non
e
8,00
0 sq
ft
8,50
0/
1,60
0 sq
ft
(2)
non
e
8,00
0 sq
ft
8,50
0/
900
sq ft
(3)
Minimum lot
width: feet
(4)
60
ft
60 ft 50 ft 50 ft
(37)
50 ft
(37)
40 ft
(37)
25 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft
Maximum
site
coverage:
percent of
site
30
%
30% 45
%
(5)
45
%
(5)
50
%
(5)
55
%
(5)
55
%
(5)
40%
(5)
55
%
(5)
40%
(5)
45
%
(5)
55
%
(5)
40%
(5)
45%
(5)
55
%
(5)
40%
(5)
45
%
55
%
(5)
40%
(5)
45
%
55
%
(5)
40%
(5)
50
%
Minimum
yard
requirement
s: feet
(2
2)
Front yard
20
ft
(6)
20 ft
(6)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft 10 ft
(6)
(8)
(9)
10 ft
(6)
(8)
(9)
10 ft
Side yard
15
ft
15 ft 5 ft 58 ft
(38)
58 ft
(38)
58 ft
(38)
5 ft
(30)
5 ft 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11) 5 ft
(30)
5 ft (11)
Side yard on
flanking
street of a
corner lot
20
ft
20 ft 10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft 10 ft
(9)
10 ft
(9)
15 ft
Rear yard
20
ft
15 ft 5 ft 10 ft 10 ft 10 ft 5 ft 8 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft
Additional
setbacks/dis
tances
between
buildings
(1
2)
(12) (32) (32) (14)
(15)
(32)
(31)
(32)
(31)
(32)
(14)
(15)
(31)
(32)
(31) (31) (14)
(15)
(31)
(14)
(15)
(14)
(15)
SF Dupl
ex
SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF SF Dupl
ex
MF
Height
limitation: in
stories/not
to exceed in
feet
2.
5
str
y/
35
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
35 ft
2.5
stry/
30 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
2.5
stry/
30 ft
2
stry/
30 ft
3
stry/
30 ft
2.5
stry/
30 ft
2
stry/
30 ft
3 stry/
30 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
3
stry/
40 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
3
stry/
40 ft
2.5
stry/
30 ft
2.5
stry/
35 ft
4
stry/
50 ft
39 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
A-
1
0
Ag
r
i
c
u
l
t
u
r
a
l
SR
-1
Re
s
i
d
e
n
t
i
a
l
A
g
r
i
c
u
l
t
u
r
a
l
SR
-3
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-4
.
5
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-6
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
SR
-8
Si
n
g
l
e
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-D
Du
p
l
e
x
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-T
1
2
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
en
t
i
a
l
To
w
n
h
o
u
s
e
MR
-T
1
6
Mu
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
To
w
n
h
o
u
s
e
MR
-G
Lo
w
D
e
n
s
i
t
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-M
Me
d
i
u
m
D
e
n
s
it
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MR
-H
Hi
g
h
D
e
n
s
i
t
y
M
u
l
t
i
f
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
MH
P
Mo
b
i
l
e
H
o
m
e
P
a
r
k
Co
m
b
i
n
i
n
g
ft
(1
6)
Maximum
impervious
surface:
percent of
total parcel
area
40
%
(1
9)
40%
(19)
50
%
(23)
60
%
(23)
70
%
(23)
75
%
(23)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
70
%
(19)
75
%
(19)
70%
(19)
70%
(19)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
75
%
(19)
70%
(19)
Zero lot line
and
clustering
(24)
The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply.
Signs The sign regulations of Chapter 15.06 KCC shall apply.
Off-street
parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
Landscapin
g
The landscaping requirements of Chapter 15.07 KCC shall apply.
Design
review
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)
(26)
(39)
(40)
(25)(40) (26)(40) (26)(34)(40) (25)(26)(40) (25)(26)(34)(40) (25)(26)(40)
Additional
standards
Additional standards for specific uses are contained in Chapters 15.08 and 15.09 KCC.
(2
0)
(31)
(33)
(36)
(33)
(36)
(33)
(36)
(33)
(36)
(33)
(36)
(36) (36) (28)
(29)
(36)
(28)
(29)
(36)
(36) (36) (36) (36) (36) (36) (36) (36) (36) (3
6)
SECTION 18. - Amendment. Section 15.04.180 of the Kent City
Code entitled “Agricultural and residential land use development standard
conditions,” is amended as follows:
Sec. 15.04.180. Agricultural and residential land use
development standard conditions.
40 Annual Docket Amendments -
Re: Development Regulations
1. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 2,500 square feet for each additional dwelling unit.
2. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 1,600 square feet for each additional dwelling unit.
3. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 900 square feet for each additional dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled
within the proposed boundaries of the lot; provided, that an access
easement to another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within
the front building setback line.
7. For properties abutting on West Valley Highway, the frontage on
West Valley Highway shall be considered the front yard.
8. Proposed front yards less than 20 feet in depth are subject to
approval by the planning manager, based on review and recommendation
from the public works department relative to the existing and future traffic
volumes and right-of-way requirements as specified in the city
comprehensive transportation plan and city construction standards.
9. At least 20 linear feet of driveway shall be provided between any
garage, carport, or other primary parking area and the street property line
with the exception of an alley property line.
41 Annual Docket Amendments -
Re: Development Regulations
10. An aggregate side yard of 30 feet shall be provided. A minimum of
10 feet shall be provided for each side yard. On a corner lot the side yard
setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot width;
however, regardless of lot width, the yard width need not be more than 30
feet. For multifamily townhouse developments that attach three units or
less, in the MRT-12 or MRT‑16 zoning districts, the aggregate yard width
need not be more than 30 feet, but in no case shall a yard be less than 10
feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agriculture general AG zoning district.
a. Structures for feeding, housing, and care of animals shall be
set back 50 feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins
a residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive
plan. Such transitional conditions shall not exist where the separation
includes an intervening use such as a river, railroad main line, major
topographic differential, or other similar conditions, or where the industrial
properties face on a limited access surface street on which the housing
does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than 50 feet shall be provided.
42 Annual Docket Amendments -
Re: Development Regulations
c. Setbacks, Green River. Industrial development in the AG
district abutting the Green River, or Russell Road or Frager Road where
such roads follow the river bank, shall be set back from the ordinary high-
water mark of the river a minimum of 200 feet. Such setbacks are in
accordance with the city comprehensive plan and in accordance with the
high quality of site development typically required for the industrial park
areas of the city and in accordance with the State Shoreline Management
Act of 1971, and shall be no more or less restrictive than the Shoreline
Management Act.
14. An inner court providing access to a double-row building shall be a
minimum of 20 feet.
15. The distance between principal buildings shall be at least one-half
the sum of the height of both buildings; provided, however, that in no case
shall the distance be less than 12 feet. This requirement shall also apply to
portions of the same building separated from each other by a court or
other open space.
16. The height limitations shall not apply to barns and silos; provided,
that they are not located within 50 feet of any lot line.
17. Beyond this height, to a height not greater than either four stories
or 60 feet, there shall be added one additional foot of yard for each
additional foot of building height.
18. The planning manager shall be authorized to approve a height
greater than four stories or 60 feet, provided such height does not detract
from the continuity of the area. When a request is made to exceed the
building height limit, the planning manager may impose such conditions,
43 Annual Docket Amendments -
Re: Development Regulations
within a reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot
is greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill
may be approved as needed to construct permitted buildings or structures.
c. All subsurface activities, including excavation for underground
utilities, pipelines, or other underground installations, that cause
permanent disruption of the surface of the land. Temporarily disrupted soil
surfaces shall be restored in a manner consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste,
or of trash, rubbish, or noxious materials.
e. Activities that violate sound agricultural soil and water
conservation management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a
principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and
procedures of the city mobile home park code shall apply. General
44 Annual Docket Amendments -
Re: Development Regulations
requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lot size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25. Assisted living facilities, independent senior living facilities, and
residential facilities with health care are subject to multifamily design
review as provided for in KCC 15.09.045(D), except when located within
downtown or along Meeker Street from 64th Avenue South to Kent-Des
Moines Road, where development is subject to downtown design review
pursuant to KCC 15.09.046.
26. The requirements of KCC 15.09.045(D) for multifamily design
review shall apply to any multifamily dwelling or transitional housing of
three or more units, including triplex townhouse structures, except when
located within downtown or along Meeker Street from 64th Avenue South
to Kent-Des Moines Road (where development is subject to downtown
design review pursuant to KCC 15.09.046), or when located in a single-
family plat or short plat, where residential design review applies pursuant
to KCC 15.09.046(C).
27. Minimum lot area is 8,500 square feet for the first two dwelling
units, and 3,500 square feet for each additional dwelling unit.
45 Annual Docket Amendments -
Re: Development Regulations
28. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application of a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR-T zone shall be
townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-family
development in all multifamily zoning districts as set forth in KCC
15.04.170, a side yard width of no less than three feet may be utilized
under the following conditions:
a. Fire hydrants for the development, as required by the fire
code set forth in KCC Title 13, will be placed a maximum of 300 feet in
separation;
b. The required fire hydrants shall have a minimum fire flow of
1,500 gallons per minute; and
c. Emergency vehicle access roads shall be provided to the
development, which include an improved road accessible within 150 feet of
all portions of the exterior first floor of the structure.
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
31. Where lands are located wholly or partially within the urban
separator, as designated on the city of Kent comprehensive land use plan
map, dwelling units shall be required to be clustered, subject to the
provisions of Chapter 12.04 KCC, Subdivisions, Binding Site Plans, and Lot
46 Annual Docket Amendments -
Re: Development Regulations
Line Adjustments. The density in a cluster subdivision shall be no greater
than the density that would be allowed on the parcel as a whole, including
all critical areas (creeks, wetlands, geological hazard areas) and buffers,
using the maximum density provisions of the zoning district in which it is
located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel includes all areas of the parcel, minus critical areas, as
defined in RCW 36.70A.030(5) as currently and hereinafter amended, and
buffers. The remainder of the nonconstrained area of the parcel shall be
the buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision. All natural
features (such as streams and their buffers, significant stands of trees, and
rock outcroppings), as well as sensitive areas (such as steep slopes and
wetlands and their buffers), shall be preserved as open space in a cluster
subdivision.
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all
common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands; impairs scenic
vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife
47 Annual Docket Amendments -
Re: Development Regulations
habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces may be retained under
ownership by the owner or subdivider, conveyed to residents of the
development, conveyed to a homeowners’ association for the benefit of the
residents of the development, conveyed to the city with the city’s consent
and approval, or to another party upon approval of the city of Kent.
The minimum lot size of individual lots within a clustered subdivision is
2,500 square feet, and the minimum lot width is 30 feet. In the event that
common open space prohibits development of one single-family residence
on the parcel, the common open space will be reduced by the amount
necessary to meet the minimum 2,500-square-foot lot size. New lots
created by any subdivision action shall be clustered in groups not
exceeding eight units. There may be more than one cluster per project.
Separation between cluster groups shall be a minimum of 120 feet. Sight-
obscuring fences are not permitted along cluster lot lines adjacent to the
open space area.
32. For multifamily townhouse developments that attach three units, the
minimum building-to-building separation shall be 10 feet. For duplex and
single-family condominium townhouse developments, the minimum
building-to-building separation shall be established through the
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
33. Where lands are located wholly outside the urban separator, as
designated on the city of Kent comprehensive land use plan map, dwelling
units may be clustered, subject to the applicable provisions of Chapter
12.04 KCC.
48 Annual Docket Amendments -
Re: Development Regulations
34. The downtown design review requirements of KCC 15.09.046 shall
apply for all development within downtown or along Meeker Street from
64th Avenue South to Kent-Des Moines Road.
35. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
36. Cargo containers proposed to be located in a residential zone must
be located completely within a stick-built structure with a peaked roof and
building materials similar to that of the principal residence on the site. No
containers greater than 10 feet by 20 feet may be placed in residential
districts. This restriction does not apply to containers collecting debris or
accepting household goods for moving that are located on residential
property for less than 72 hours. Additionally, institutional uses are exempt
from these requirements except when a shipping container is proposed to
be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March 22,
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, the minimum lot size shall be 3,000 square
feet. Minimum lot width shall be measured by scaling a 30-foot-diameter
circle within the boundaries of the lot; provided, that easement areas may
not be included in the required 30-foot-diameter circle. The lot frontage
along private or public streets shall be a minimum 20 feet in width.
Minimum driveway separation shall be 10 feet. Shared driveways are
permitted.
38. [Reserved].Subdivisions and short subdivisions created on or before
March 22, 2007, may have minimum five-foot side yards. Fifty percent of
the lots within subdivisions and short subdivisions created after March 22,
49 Annual Docket Amendments -
Re: Development Regulations
2007, or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007, may have minimum five-foot side yards
when special life safety measures are provided. The sum total of both side
yards for the remaining 50 percent of the lots shall be a minimum 16 feet;
any individual side yard less than eight feet may require special life safety
measures.
39. The residential design review standards of KCC 15.09.045(C) shall
apply to subdivisions and short subdivisions created after March 22, 2007,
or altered to comply with zoning and subdivision code amendments
effective after March 22, 2007.
40. Duplexes are subject to the residential design review standards of
KCC 15.09.045(C), except when located within downtown or along Meeker
Street from 64th Avenue South to Kent-Des Moines Road, where they are
subject to downtown design review pursuant to KCC 15.09.046.
SECTION 19. - Amendment. Section 15.04.190 of the Kent City
Code entitled “Commercial and industrial zone development standards,” is
amended as follows:
Sec. 15.04.190. Commercial and industrial zone development
standards.
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
AG
Minimum lot
area: square
feet or acres,
as noted
10,000
sq ft
10,000
sq ft
5,000
sq ft
(1)
(66)
5,000
sq ft
(66)
7,500
sq ft
7,500
sq ft
7,500
sq ft
10,000
sq ft
10,000
sq ft
10,000
sq ft
(66)
1
acre
10,000
sq ft
20,000
sq ft
15,000
sq ft
1
acre
50 Annual Docket Amendments -
Re: Development Regulations
Zoning Districts
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
AG
Maximum site
coverage:
percent of site
40% 40% 100% 100% 80% 100% 80% 50% 50% 40% 60% 60% 65% 75% 60%
Minimum yard
requirements:
feet
Front yard 10 ft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 15 ft 20 ft (5) (5) (6) (7) (5)
Side yard
(8) (9) (2) (3) (68)
(10)
(68)
(10)
(68)
(10)
(10) (10) (10) (12) (12) (13) (14) (12)
Side yard on
flanking street
of corner lot
(17) (17) (17) (18) (17)
Rear yard
(8) 20 ft (2) (3) (68)
(19)
(68)
(19)
(68)
(19)
(19) (19) (19)
(2)
(20) (20) (21) (21) (20)
Yards,
transitional
conditions
(23) (23) (24) (25) (23)
Additional
setbacks
(29) (29) (29)
Height
limitation: in
stories/not to
exceed in feet
2 stry/
35 ft
3 stry/
40 ft
(30)
4
stry/
60 ft
(32) 75
stry/565
ft
(69)
(70)
16
stry/200
ft
(70)
16
stry/200
ft
(70)
2 stry/
35 ft
(30)
2 stry/
35 ft
(30)
2 stry/
35 ft
(30)
2
stry/
35 ft
(35)
2 stry/
35 ft
(35)
2 stry/
35 ft
(35)
2 stry/
35 ft
(37)
2
stry/
35 ft
(35)
Landscaping The landscaping requirements of Chapter 15.07 KCC shall apply.
(52) (52) (52)
Outdoor
storage
(39) (39) (40)
(41)
(40)
(41)
(40) (43) (43) (44) (45)
(51)
(43)
Signs
The sign regulations of Chapter 15.06 KCC shall apply.
(60)
Vehicle drive-
through, drive-
in, and service
bays
(46) (46) (46) (46) (46) (46) (46)
Loading areas (47)
(48)
(47)
(48)
(47)
(49)
(47)
(51)
(47)
(48)
Off-street
parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
(57) (57) (57) (57) (58) (58) (58) (57) (58)
Design review
(4)(11)
(15)
(31) (31) (71) (71) (71) (4) (4)(72) (4)(11)
(15)
(72)
Additional
standards
(50)
(56)
(62)
(63)
(64)
(65)
(50)
(56)
(50)
(56)
(50)
(56)
(67)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(56)
(50)
(53)
(54)
(55)
(56)
(50)
(53)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(50)
(54)
(55)
(56)
(50)
(53)
(54)
(55)
(56)
51 Annual Docket Amendments -
Re: Development Regulations
SECTION 20. - Amendment. Section 15.09.045 of the Kent City
Code entitled “Administrative design review,” is amended as follows:
Sec. 15.09.045. Administrative design review.
A. Purpose and scope. Administrative design review is an
administrative process, the purpose of which is to implement and give
effect to the comprehensive plan, its policies, or parts thereof through the
adoption of design criteria for development relative to site layout,
landscape architecture, and exterior structure design. It is the intent of the
city that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage a
diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria
have been formulated to improve the design, siting, and construction of
development projects so as to be compatible, both visually and otherwise,
with the topographic, open space, urban, or suburban characteristics of the
land or adjacent properties, while still maintaining allowable densities to be
applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the
city.
The adoption of design criteria is an element of the city’s regulation of land
use, which is statutorily authorized. Application of the multifamily design
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; therefore, in implementing the administrative
design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed
projects. Further rules may be promulgated for additional administrative
review.
52 Annual Docket Amendments -
Re: Development Regulations
B. Application and review process. Administrative design review
process is classified as a Process II application and shall be subject to the
applicable requirements of Chapter 12.01 KCC. The applicant must make
application for the design review process on forms provided by the
planning services division. Upon receipt of an application for design review,
the planning director shall circulate the application to the public works
director, building official, and the city administrator for review. Prior to
making a final decision, the planning director shall review any comments
submitted for consideration. In the administration of this process, the
planning director may develop supplementary handbooks for the public,
which shall pictorially illustrate and provide additional guidance on the
interpretation of the criteria set forth in subsections (C) and (D) of this
section, as well as a detailed explanation of the design review process.
C. Residential design review. In order to diminish the perception of
bulk, and provide visual interest along residential home facades that face
public areas, architectural design considerations shall be applied. Homes
located within subdivisions and short subdivisions vested after March 22,
2007, or altered to comply with code amendments effective after March
22, 2007, shall be subject to residential design review. This design review
shall be applied administratively as part of the building permit review
process for each new home.
1. Orientation of homes. The entry facade of each dwelling unit
shall be generally oriented toward the highest classification street from
which access to the lot is allowed, unless otherwise approved by the
planning director based on existing context of surrounding development.
53 Annual Docket Amendments -
Re: Development Regulations
2. Attached units. A building that contains a grouping of
attached units shall not exceed a 200-foot maximum length and shall be
separated from other groups of attached units by a minimum 15 feet.
3. Architecture. Each dwelling unit facade that faces a public
area shall, at a minimum, incorporate architectural elements as follows:
a. Two elements of facade modulation or roofline
variation. Facade modulation elements shall have a minimum width of
eight feet and a minimum depth of three feet. Roofline variation elements
shall have a minimum horizontal or vertical offset of three feet and a
minimum variation length of eight feet;
b. The maximum horizontal facade length without one
element of either facade modulation or roofline variation shall be 20 feet;
and
c. Three architectural detail elements.
4. Garages. Dwelling units within subdivisions and short
subdivisions shall provide diminished garage doors according to the
percentage and locations approved with the subdivision and short
subdivision.
D. Multifamily design review. The planning services division shall use
the multifamily design guidelines as an adopted element of the city’s
regulation of land use, which is statutorily authorized, in the evaluation or
conditioning of applications under the multifamily design review process.
E. [Reserved].
54 Annual Docket Amendments -
Re: Development Regulations
F. Mixed use design review. The planning services division shall use the
following criteria in the evaluation and/or conditioning of applications
under the mixed use design review process when a project includes
residential use:
1. The following criteria should apply to all mixed use with a
residential component development:
a. Some common recreation space roofs, terraces, indoor
rooms, courtyards.
b. Lighting features that are shielded, directing light
downwards.
c. The residential portion of the building should
incorporate residential details, such as window trim, trellises, balconies,
and bay windows.
d. The residential component should have an obvious,
generous entrance, within features suggesting a “front door” for example,
a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the
main street, a landscaped pedestrian path should be provided between the
entrance and public sidewalk.
b. Although the commercial and residential components
may have different architectural expressions, they should exhibit a number
of elements that produce the effect of an integrated development.
55 Annual Docket Amendments -
Re: Development Regulations
c. Surface parking should be generously landscaped to
serve as an amenity. Lighting fixtures should not exceed the height of the
first floor.
3. The following criteria shall apply to mixed use buildings with a
residential component:
a. Parking lots, if used, should be divided into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of different materials, generous
windows with low sill heights, “store” doors, canopies, and planters.
c. Residential floors should be expressed in an obvious
manner, with stepbacks, change in materials or color, and overhangs.
d. Commercial signs should be contained within the first
floor commercial base and not extend up into the residential floor facades.
G. Transit-oriented community design review. The planning services
division shall use the following criteria in the evaluation or conditioning of
applications under the transit-oriented community design review process:
1. The Midway Design Guidelines as an adopted element of the
city’s regulation of land use, which is statutorily authorized, shall apply to
all development with a land use plan map designation of transit-oriented
community.
56 Annual Docket Amendments -
Re: Development Regulations
2. Residential use design review. In addition to the Midway
Design Guidelines, the following design requirements apply to residential
uses and development:
a. Openings from the build-to line. When a residential unit
has direct access to the public domain, a 10-foot front yard shall be
provided. When residential units have access through a main location, such
as an atrium, courtyard, or other main entryway, said access shall be at
the build-to line.
b. Open space. Residential development shall provide not
less than 20 percent of the gross land area for common open space, which
shall be:
i. Designed to provide either passive or active
recreation;
ii. If under one ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners of the
development by means of a homeowners’ association, said association
shall be responsible for maintenance. If such open space is not maintained
in a reasonable manner, the city shall have the right to provide for the
maintenance thereof and bill the homeowners’ association accordingly. If
unpaid, such bills shall be a lien against the homeowners’ association; or
iv. Dedicated for public use if accepted by the city
legislative authority or other appropriate public agency.
57 Annual Docket Amendments -
Re: Development Regulations
c. Storage of recreational vehicles. The storage or parking
of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or reject
any application under the administrative design review process is final
unless an appeal is made by the applicant or any party of record to the
hearing examiner within 14 calendar days of either the issuance of the
director’s conditional approval under this section of any application, or the
director’s written decision rejecting any application under this section. The
appeal shall be conducted by the hearing examiner as an open record
appeal hearing in accordance with the requirements of Chapters 2.32 and
12.01 KCC. The decision of the hearing examiner shall be final unless an
appeal is made to the superior court within 21 calendar days after the
hearing examiner’s notice of decision.
SECTION 21. – Amendment. Section 15.08.050 of the Kent City
Code, entitled “Performance standards,” is amended as follows:
Section 15.08.050 Performance standards.
A. Performance standards defined. Performance standards deal with
the operational aspects of land uses. While performance standards shall
apply to all land uses within the city, they are primarily concerned with the
impact of industrial development upon the environment. Continued
compliance with the performance standards shall be required of all uses,
except as otherwise provided for in this title. No land or building in any
district shall be used or occupied in any manner so as to create any
dangerous, injurious, noxious or otherwise objectionable condition. The
following elements, if created, may become dangerous, injurious, noxious
or otherwise objectionable under the circumstances, and are then referred
to as dangerous or objectionable elements:
58 Annual Docket Amendments -
Re: Development Regulations
1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances and wastes.
B. Nonconforming uses. Uses established before the effective date of
this title and nonconforming as to performance standards shall be given
three (3) years in which to conform therewith.
C. Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of any
dangerous and objectionable elements shall be made at the location of the
use creating the dangerous or objectionable elements and at any points
where the existence of such elements may be more apparent (referred to
in the section as “at any point”); provided, however, that the
measurement of performance standards for noise, vibration, odors, glare
or hazardous substances or wastes shall be taken at the following points of
measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any
hazardous substance land use facility, which must be at least fifty (50) feet
from any property line.
D. Restrictions on dangerous and objectionable elements.
59 Annual Docket Amendments -
Re: Development Regulations
1. Vibration. No vibration shall be permitted which is discernible
without instruments at the points of measurement specified in this section.
2. Odors. No emission shall be permitted of odorous gases or
other odorous matter in such quantities so as to exceed the odor threshold
at the following points of measurement. The odor threshold shall be
defined as the concentration in the air of a gas or vapor which will just
evoke a response in the human olfactory system.
a. Industrial park district, M1. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
b. Limited industrial district, M2. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
c. General industrial district, M3. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
the district boundary or five hundred (500) feet from the lot line,
whichever distance is shortest.
3. Glare. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as combustion or
welding or otherwise, so as to be visible at the points of measurement
specified in subsection (C) of this section shall be permitted. This
restriction shall not apply to signs or floodlighting of buildings for
advertising or protection otherwise permitted by the provisions of this title.
4. Radioactivity or electrical disturbance. The regulations of the
federal occupational safety and health standards shall apply for all
60 Annual Docket Amendments -
Re: Development Regulations
radioactivity and electrical disturbance unless local codes and ordinances
supersede this federal regulation.
5. Fire and explosion hazards. The relevant provisions of federal,
state and local laws and regulations shall apply.
6. Smoke, fly ash, dust, fumes, vapors, gases and other forms
of air pollution. The standards of the Puget Sound Air Pollution Control
Agency, Regulation I, or those regulations as may be subsequently
amended, shall apply.
7. Liquid or solid wastes. No discharge of any materials of such
nature or temperature as can contaminate any water supply, interfere with
bacterial processes in sewage treatment or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system or stream, or into the
ground, except in compliance with state and federal regulations and
Chapter 7.14 KCC.
8. Hazardous substances or wastes. No release of hazardous
substances or wastes as can contaminate any water supply, interfere with
bacterial processes in sewage treatment, or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into any
public sewer, private sewage disposal system, watercourse or water body,
or the ground, except in compliance with state and federal regulations and
Chapter 7.14 KCC. The relevant provisions of federal, states, and local
laws and regulations shall apply, and compliance shall be certified by
applicants for permits under this title. The following site development
standards shall apply:
61 Annual Docket Amendments -
Re: Development Regulations
a. Hazardous waste facilities shall meet the location
standards for siting dangerous waste management facilities adopted
pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at
least:
i. Two hundred (200) feet from unstable soils or
slopes which are delineated on the hazard areas development limitations
map or as may be more precisely determined per KCC 15.08.224(B);
ii. Two hundred (200) feet from the ordinary high water
mark of major or minor streams or lakes which are delineated on the
hazard area development limitations map or as may be more precisely
determined per KCC 15.08.224(B),erosion, landslide or seismic hazard
areas or the ordinary high water mark of streams, as defined in Kent City
Code 11.06.200, lakes, shorelines of statewide significance, or shorelines
of the state;
iii. One-quarter (1/4) mile from public parks, public
recreation areas, or natural preserves, or state or federal wildlife refuges;
provided, that for purposes of this section public recreation areas do not
include public trails;
iv. Fifty (50) feet from any property line to serve as an
onsite hazardous substance land use facility buffer zone;
v. Five hundred (500) feet and one hundred (100)
feet from a residential zone and a residential unit, respectively; and
62 Annual Docket Amendments -
Re: Development Regulations
vi. Five hundred (500) feet from a public gathering
place or agricultural land or zone, in the case of a nonagricultural
hazardous substance land use facility;
c. Hazardous substance land use facilities shall not be
located in a one hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not
entirely enclosed within a building shall provide a type I solid screen
landscaping of a width of at least ten (10) feet in the hazardous substance
facility buffer zone required by subsection (D)(8)(b)(iv) of this section;
e. Above ground hazardous substance land use facilities
shall be constructed with containment controls which will prevent the
escape of hazardous substances or wastes in the event of an accidental
release from the facility, and shall meet federal, state, and local design
and construction requirements;
f. Underground hazardous substance land use facilities
shall meet federal, state, and local design and construction requirements;
g. Hazardous substance land uses shall comply with
adopted fire codes;
h. Hazardous substance land uses shall provide for review
and approval by the city fire department of a hazardous substance spill
contingency plan for immediate implementation in the event of a release of
hazardous substances or wastes at the facility;
i. Hazardous substance land uses should use traffic
routes which do not go through residential zones;
63 Annual Docket Amendments -
Re: Development Regulations
j. Hazardous substance land uses in the O, NCC, CC, and
DC zones shall be entirely enclosed within a building; and
k. Without limiting the application of the adopted fire
codes to diesel fuel tanks, above and below ground diesel fuel storage
tanks exclusively intended for use on stationary, onsite, oil burning
equipment (such as electrical power generator systems) in all
nonresidential zoning districts shall be exempt from the hazardous
substance regulations of this section, and above and below ground diesel
fuel tanks of up to six thousand (6,000) gallons intended exclusively for
use on stationary, onsite, oil burning equipment (such as electrical power
generator systems) in residential zones shall be exempt from the
hazardous substance regulations of this section for essential governmental
facilities only. The hazardous substance zoning code regulations, including
the existing five hundred (500) gallon limit for hazardous substances for
residential uses, shall otherwise remain in force and effect. Additionally, all
above ground diesel fuel tanks over five hundred (500) gallons exempted
by this subsection are required to have a five (5) foot minimum landscape
buffer surrounding the tank to buffer the visual impacts of these tanks.
Moreover, the planning director shall have the discretion to increase or
modify this landscape buffer requirement depending upon the specific
circumstances posed by any particular tank location.
In case of conflict between any of these site development standards and
the development standards of specific zoning districts or other
requirements of this title, the more restrictive requirement shall apply.
SECTION 22. – Severability. If any one or more section,
subsection, or sentence of this ordinance is held to be unconstitutional or
64 Annual Docket Amendments -
Re: Development Regulations
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 23. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 24. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
P:\Civil\Ordinance\Annual Docket Amendments_ECDC.docx
65 Annual Docket Amendments -
Re: Development Regulations
This page intentionally left blank.
KENT
Location: 4oo w. Gowe o Maitro: 220 ,hAvenue r"r?J?liiÎr%tr8Jyr'-Sr"r:
Permit Genter (253-856-5302 FAX: (253) 856-6412
www.ci.kent.wa.us/permitcenter
Environmental Checklist
Application Form
WASHINGToN
Public Notice Board and
Application Fee...See Fee Schedule
TO BE COMPLETED BY STAFF:
APPLICATION #: I;NU .ØT-7.21 xwm:KÞD- 2t17qç>
RECEIVED BY /-rrr nfúrftrþo TE +PROCESSING FEE:
A. STAFF REVIEW DETERMINED THAT PROJEGT:
Meets the categorically exempt criteria.
Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental lmpact Statement will be prepared.
An Environmental lmpact statement for this project has already been
prepared.
/o -b- Ð)7
Signature of Responsible Official Date
B. COMMENTS
C TYPE OF PERMIT OR ACTION REQUESTED:
D. ZONING DISTRICT:
143
A. Background lhetp]
1. Name of proposed project, if applicable: lhelp]
Annual docket amendments to Kent City Code, Chapters 3.27, 12.01, 12.04,
and Title 15 Zoning Code.
Note: The following items are included in the amendments; answers to all
questions in the checklist will correspond to the item numbers indicated below.
Where no number is indlcated, the answer applies to all amendments.
81. - Correct grammatical error - Purpose Statement M1 Industrial Park
District.
82. - Remove critical area definitions in Zoning Code that are applied
through Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/gambling
facilities in the city.
84. - Postponed (dumpster requirements for multifamily developments)
and will not be considered further in this SEPA checklist.
85. - Apply residential design review to all newly-constructed or
reco nstru cted resid e n ces.
86. - Apply the same side yard setbacks (five- or eight-foot) to new single
family residential development.
87. - Allow increased height limitation in Midway Transit Community-7
zoning district.
88. - Postponed (code amendments for medical or recreational marijuana)
and will not be considered further in this SEPA checklist.
89. - Completed (code amendments for multifamily tax exemption) and
will not be considered further in this SEPA checklist.
10. - Amend density rounding calculations.
11. - Amend public notice process and alteration requirements for
subdivisions and short plats.
2. Name of applicant: l-helpl
SEPA Environmental checklist (WAC 197-11-960)
October 2,20L7 Page 1 of 25
144
City of Kent, Washington
3. Address and phone number of applicant and contact person: l'helpl
Charlene Anderson, City of Kent
400 W. Gowe Street
Kent, WA 98032
2s3-8s6-s431
4. Date checklist prepared: lhelpl
October 2, 2017
5, Agency requesting checklist: lhelpl
City of Kent, Washington
6. Proposed timing or schedule (including phasing, if applicable): [helpJ
City Council adoption by December 12, 2017
7. Do you have any plans for future additions, expansion, or further activity related
to or connected with this proposal? If yes, explain. lhelpl
City may consider amendments pertaining to dumpsters in multifamily
developments, amendments pertaining to medical or recreational marijuana,
or further amendments to multifamily tax exemption at a later time.
8. List any environmental information you know about that has been prepared, or
will be prepared, directly related to this proposal. lhelp]
82, Critical Areas Ordinance:
*Adoption of City of Kent comprehensive plan environmental impact statement
draft (July 1994) and final (January 1995) (#ENV-93-51) plus addendum.
*Addendum to City of Kent comprehensive plan review and midway subarea
planned action environmental impact statement (EIS) (#ENV-2010-3) and City
of Kent downtown subarea action plan planned action supplemental
environmental impact statement (SEIS) (#ENV-2012-30).
85 and 86. Residential design review and side yard setbacks:
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,20L7 Page 2 of 25
145
xAddendum to City of Kent comprehensive plan environmental impact
statement draft (July 1994) and final (January 1995) (#ENV-93-51).
87. Increased height in MTC-7 zoning district:
* City of Kent comprehensive plan review and midway subarea planned action
environmental impact statement (EIS) (#ENV-20 10-3)
9, Do you know whether applications are pending for governmental approvals of
other proposals directly affecting the property covered by your proposal? If yes,
explain. IhelpJ
No applications have been submitted pertaining to the code amendments
10. List any government approvals or permits that wlll be needed for your
proposal, if known. Ihelp]
These proposed amendments must be provided to the Washington State
Department of Commerce for review, and the city has requested expedited
review (14 days).
11, Give brief, complete description of your proposal, including the proposed uses
and the size of the project and site. There are several questions later in this
checklist that ask you to describe certain aspects of your proposal. You do not
need to repeat those answers on this page. (Lead agencies may modify this form
to include additional specific information on project description,) lhelp]
87, 82 and 77. These amendments relate to correction of a grammatical error
in the purpose statement of M1 industrial park district, elimination of
definitions in the zoning code that are in the Critical Areas Ordinance, or
pertain to notification processes or alterations for subdivision and short
plats. They are procedural in nature and thus categorically exempt under
WAC 197-11-800(19)(b). The M1 industrial park district comprises /ess
than nine percent of the city.
83. This amendment considers allowing card rooms, mini casinos and not-for-
profit gaming/gambling operations in the city when allowed by the State
Gambling Commission. Not-for-profit social card games already are
allowed in the city. Other gaming operations would be allowed either as
accessory or principally permitted uses in commercial or industrial zoning
districts except in downtown or as a principally permitted use in Midway.
They could also be allowed as conditional uses in areas designated mixed-
use or manufacturing/industrial center. The gambling portion of a building
sEPA Environmental checklist (wAc 197-11-960)
October 2,2OL7 Page 3 of 25
146
may be limited in size, separated by 600 feet from other gambling or
gaming activities, and not allowed within 7,000 feet of specific sensitive
land uses. The zoning districts where gambling or gaming activities may
be located comprise up to approximately 27 percent of the city.
85. This amendment would apply residential design review to newly
constructed or reconstructed residential development. Single famlly
residential zoning districts comprise approximately one-half of the city.
86. The side yard setback would be either five feet or eight feet rather than of
variable dimension in single family residential zoning districts. Single
family residential zoning districts comprise approximately one-half of the
city.
87. This amendment increases the height limitation in the Midway Transit
Community-1 (MTC-1) zoning district from five stories/S5 feet to seven
stories/65 feet. The height restriction of 35 feet within 20 feet from a
residential district and 45 feet within 40 feet from a residential district
would remain. The MTC-7 zoning district comprises approximately three-
tenths of one percent of the city.
10. This amendment provides for typical mathematical rounding in calculation
of maximum permitted residential density either in allcases or for four or
more lots. Single Family and Multifamily zoning districts comprise over
600/o of the city.
L2. Location of the proposal. Give sufficient information for a person to
understand the precise location of your proposed project, including a street
address, if any, and section, township, and range, if known. If a proposal would
occur over a range of area, provide the range or boundaries of the site(s). Provide
a legal description, site plan, vicinity map, and topographic ffiâp, if reasonably
available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist. [helpl
81., 82. and 71 are administrative only and do not apply to a particular
location.
83. The allowance for gaming or gambling facilities could apply to the CC Community
Commercial, CC-MU Community Commercial/Mixed Use, CM1 Commercial
Manufacturing-7, CM2 Commercial Manufacturing-2, GC General Commercial, GC-
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MU General Commercial/Mixed Use, MTC-1 Midway Transit CommunÌt-1, MTC-2
Midway Transit CommunÌty-2, MCR Midway Commercial Residential, M7 Industrial
Park District, M7-C Industrial Park/Commercial, M2 Limited Industrial, and M3
General Industrial zoning districts, which are located throughout the city in the
Valley, along SR 99 and in scattered areas on East Hill.
85. This amendment considers removing the application of residential design review
for only subdivisions and short subdivision created after March 22, 2007, and
instead apply residential design to all residential development. Residential zoning
districts would include SR-7, SR-¿ SR-4.5, SR-6 and SR-9 located on the valley
floor as well as in both the east and west hill areas of the city.
86. This amendment considers removing the variable side yard regulations for
subdivisions and short subdivisions created after March 22, 2007 and instead apply
the same side yard requirements (either 5 feet or I feet) to all new single family
development in the SR-4.5, SR-6 and SR-9 zoning districts. These three zoning
districts generally are located in the east and west hill areas of the city.
87. This amendment considers a height limitation of 7 stories or 65 feet in the MTC-I
zoning district, rather than a height limitation of 6 stories or 55 feet. The height
restriction of 35 feet withÌn 20 feet from a residential district and 45 feet within 40
feet from a residential district would remain. The MTC-7 zoning district is located
along SR 99 in the Midway area from Kent-Des Moines Rd to just south of S. 244th
Street and also at the northeast corner of the intersection of SR 99 and S. 272'd
Street.
10. This amendment considers removing variable rounding in calculation of maximum
permitted residential density and apply mathematical rounding in either all cases or
when there are four or more lots or dwelling units. The amendment would apply to
single or multiple family zoning districts which are located throughout the city.
B. ENVTRoNMENTAL ELEMENTS lhetp]
1. Earth lhelpl
a. General description of the site: Ihelp]
(circle one): Flat, rolling, hilly, steep slopes, mountainous, other
87., 82. and 811. Not applicable. These amendments are administrative or
procedural only and do not apply to a particular locatÌon.
83., 85., 86. And 810 apply throughout the city which has varying
topography.
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87. Applies to areas along SR 99 located on Kent's west hill, and is generally
flat or hilly, except west of SR 99 and south of Kent-Des Moines Rd where
the slopes vary and may be 40o/o or more.
b. What is the steepest slope on the site (approximate percent slope)? [help]
87.,82. And 811. Not applicable.
83., 85., 86. and 10. The city has varying topography with some slopes
exceeding 40o/o.
c, What general types of soils are found on the site (for example, clay, sand,
gravel, peat, muck)? If you know the classification of agricultural soils, specify
them and note any agricultural land of long-term commercial significance and
whether the proposal results in removing any of these soils. [helpJ
The U.S. Department of Agriculture Soil Conservation Seruices, 1972 General
Soil Map for Kent indicates much of the soils in Kent are Alderwood series.
Along SR 167 and the railroad rights-of-way, soils are shown as Oridia-
Seattle-Wood i nv i I le associ atio n.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so describe. lhelp]
No development is proposed. However, within the city are areas of seismic
and erosion hazards.
e. Describe the purpose, type, total area, and approximate quantities and total
affected area of any filling, excavation, and grading proposed. Indicate source of
fill. thelpl
Not applicable. No development is proposed
f . Could erosion occur as a result of clearing, construction, or use? If so, generally
describe. Ihelpl
Not applicable. No development is proposed.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)? [help]
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No development is proposed. However, changes to rounding for density
calculations could allow one additional lot on a property, supporting
additional impervious surface from residential construction.
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any: Ihelpl
Not applicable. No erosion or other adverse impacts to the earth are expected
from these amendments.
2. Air lhelpJ
a. What types of emissions to the air would result from the proposal during
construction,-operation, and maintenance when the project is completed? If any,
generally describe and give approximate quantities if known. lhelpl
Not applicable. No development is proposed.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe. [helpl
Not applicable. No development is proposed.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any: lhelpl
No development is currently proposed which will be impacted by emissions
and odor. Impacts to future developments will have to be evaluated when
they are proposed.
3. Water [help]
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds,
wetlands)? If yes, describe type and provide names, If appropriate, state
what stream or river it flows into. Ihelp]
Not applicable. No development is proposed. However, streams, lakes and
wetlands are located at various locations within the city.
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2) Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans. lhelp]
Not applicable. No development is proposed.
3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected, Indicate the source of fill material. l-helpl
Not applicable. No development is proposed
4) Will the proposal require surface water withdrawals or diversions? Give
general description, purpose, and approximate quantities if known. [help]
Not applicable. No development is proposed
5) Does the proposal lie within a 100-year floodplain? If so, note location on the
site plan. Ihelp]
Not applicable. No development is proposed. However, there are floodplain
areas within the city.
6) Does the proposal involve any discharges of waste materials to surface
waters? If so, describe the type of waste and anticipated volume of
discharge. lhelp]
Not applicable. No development is proposed.
b. Ground Water:
1) Will groundwater be withdrawn from a well for drinking water or other
purposes? If so, give a general description of the well, proposed uses and
approximate quantities withdrawn from the well. Will water be discharged to
groundwater? Give general description, purpose, and approximate quantities
if known. l-helpl
Not applicable. No development is proposed.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals. . . ; agricultural; etc.). Describe the
general size of the system, the number of such systems, the number of
houses to be served (if applicable), or the number of animals or humans the
system(s) are expected to serve. l'helpl
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Not applicable. No development is proposed.
c. Water runoff (including stormwater):
1) Describe the source of runoff (including storm water) and method of
collection and disposal, if any (include quantities, if known). Where will this
water flow? Will this water flow into other waters? If so, describe, l-helpl
Not applicable. No development is proposed
2) Could waste materials enter ground or surface waters? If so, generally
describe, lhelp]
Not applicable. No development is proposed.
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of
the site? If so, describe. l-helol
Not applicable. No development is proposed.
d. Proposed measures to reduce or control surface, ground, and runoff water, and
drainage pattern impacts, if any: lhelpl
Not applicable. No development is proposed.
4. Plants lhelp]
a. Check the types of vegetation found on the site: Ihelp]
_deciduous tree: alder, maple, aspen, other
_evergreen tree: fir, cedar, pine, other
_shrubs
orass
_pasture
_crop or grain
Orchards, vineyards or other permanent crops.
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
_water plants: water lily, eelgrass, milfoil, other
_other types of vegetation
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There are various types of vegetation throughout the city. No development is
proposed at this time.
b. What kind and amount of vegetation will be removed or altered? l-helpl
Not applicable. No development is proposed.
c. List threatened and endangered species known to be on or near the site. lhelpl
Not applicable. No development is proposed.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any: lhelpl
Not applicable. No development is proposed.
e. List all noxious weeds and invasive species known to be on or near the site.
Ihelpl
Not applicable. No development is proposed.
5. Animals lhelpl
a. List any birds and other animals which have been observed on or near the site
or are known to be on or near the site. lhelp]
Examples include:
birds: hawk, heron, eagle, songbirds, other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other
Not applicable. No development is proposed.
b. List any threatened and endangered species known to be on or near the site
l-helol
Not applicable. No development is proposed.
c. Is the site part of a migration route? If so, explain, lhelp]
The Pacific Flyway for migratory birds runs through the city
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d. Proposed measures to preserve or enhance wildlife, if any: lhelp]
Not applicable. No development is proposed.
e. List any invasive animal species known to be on or near the site. l-helpl
Not applicable. No development is proposed.
6. Energy and Natural Resources lhelpl
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used
to meet the completed project's energy needs? Describe whether it will be used
for heating, manufacturing, etc, [help]
Not applicable. No development is proposed.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe. Ihelp]
Not applicable. No development is proposed.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any: [help]
Not applicable. No development is proposed.
7. Environmental Health lhelp]
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe. lhelp]
1) Describe any known or possible contamination at the site from present or
past uses. lhelol
Not applicable. No development is proposed. However, some areas of the
city are located within areas having potential arsenic contamination or
othe r b row nfi e I d co n ce rn s.
2) Describe existing hazardous chemicals/conditions that might affect project
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development and design. This includes underground hazardous liquid and
gas transmission pipelines located within the project area and in the vicinity.
Ihelpl
Not applicable. No development is proposed. However, some areas of the city
are proximate to gas transmission pipelines or other hazardous substance
land use facilities.
3) Describe any toxic or hazardous chemicals that might be stored, used, or
produced during the project's development or construction, or at any time
during the operating life of the project. [help]
Not applicable. No development or construction is planned at this time.
4) Describe special emergency services that might be required. [help]
Not applicable
5) Proposed measures to reduce or control environmental health hazards, if
any: [help]
Not applicable. No development or construction is planned at this time
b, Noise Ihelp]
1) What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other)? [help]
Not applicable. No development is proposed at this time
2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site, [help]
Not applicable. No development is proposed
3) Proposed measures to reduce or control noise impacts, if any: Ihelp]
Not applicable. No development is proposed
B. Land and Shoreline Use l-helpl
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a. What is the current use of the site and adjacent properties? Will the proposal
affect current land uses on nearby or adjacent properties? If so, describe. [help]
No development is proposed at this time. However, net residential density
may be increased by 86., use of smaller side yard setbacks, 87., increased height
in the MTC-1 zoning district along SR 99, or 70, density rounding provisions.
b. Has the project site been used as working farmlands or working forest lands? If
so, describe. How much agricultural or forest land of long-term commercial
significance will be converted to other uses as a result of the proposal, if any? If
resource lands have not been designated, how many acres in farmland or forest
land tax status will be converted to nonfarm or nonforest use? l-helpl
No development is proposed at this time, and the amendments should not
affect any agricultural land of long-term commercial significance.
1) W¡ll the proposal affect or be affected by surrounding working farm or forest
land normal business operations, such as oversize equipment access, the
application of pesticides, tilling, and harvesting? If so, how: lhelp]
Not applicable.
c. Describe any structures on the site. lhelpl
Not applicable. No development is proposed at this time.
d. Will any structures be demolished? If so, what? lhelp]
Not applicable. No development is proposed
e What is the current zoning classification of the site? l-helpl
No development is proposed at this time.
83. Could allow gambling uses in some commercial and industrial areas of the
city.
85. Could add residential design to more residential construction within areas
designated SR-7, SR-3, SR-4.5, SR-6 and SR-9.
86. Could decrease side yard setbacks in single family residential zoning
districts - SR-4.5, SR-6 and SR-9.
87. Could increase height in the Midway Transit Community-1 (MTC-1) zoning
district along SR 99.
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f . What is the current comprehensive plan designation of the site? [help]
No development is proposed at this time.
83. could allow gambling facilities within areas designated industrial,
manufacturing/industrial center, commercial or mixed use.
85. and 86. Could affect design and side yard setbacks within areas
designated urban separator, single or multiple family residential.
87. Could allowed increased height in areas designated transit oriented
community.
g. If applicable, what is the current shoreline master program designation of the
site? thelpl
No development is proposed at this time. 83., 85., 86., and 70 could change
uses or regulations in commercial, industrial and residential areas of the
city regulated by the shoreline master program.
h. Has any part of the site been classified as a critical area by the city or county?
If so, specify, lhelp]
No development is proposed at this time. There are various critical areas located
throughout the city.
i, Approximately how many people would reside or work in the completed project?
Ihelp]
No development is proposed at this time. 87., which could allow increased
height in the MTC-1 zoning district along SR 99 could support additional
residential units. Changes to density rounding calculations could provide
one additional lot within subdivisions and short subdivisions that are
proposed in the future.
j. Approximately how many people would the completed project displace? lhelp]
Not applicable. No development is proposed at this time.
k, Proposed measures to avoid or reduce displacement impacts, if any: [help]
Not applicable.
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L. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any: [help]
No development is proposed at this time. However, production of additional
housing units is supported by the Growth Management Act and Kent's
Comprehensive Plan.
85. Residential design review would support good design in additional
resid e ntia I d eve I o p me nt.
87. Increased height in the MTC-1 zoning district along SR 99 could occur, but
it does not change the reduced height already in place for projects located
in proximity to residential districts. Additionally, Midway Design Guidelines
establish transitional and edge guidelines to provide integration into
su rrou ndi ng development.
70. Density rounding calculations may support one additional housing unit in
subdivisions or short subdivisions but is not expected to create substantial
impacts to any surrounding uses. In fact, providing additional housing
capacity is supported by many goals and policies in the comprehensive
plan.
83. Careful consideration should be given to allowing casinos in industrial
area+ especially in the heavier industrial zoning districts (e.9., M-2 or M-
3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for manufacturing/industrial centers
(MICs).
m. Proposed measures to reduce or control impacts to agricultural and forest lands
of long-term commercial significance, if any: [help]
Not applicable
9, Housing Ihelpl
a, Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing. lhelp]
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No development is proposed at this time. However, 86., 87., and 10 could
allow net additional housing units because of decreased side yard setback,
increased height in the MTC-1 zoning district, and density rounding for calculations
to determine the number of lots allowed in subdivisions or short subdivisions.
Production of additional housing units is supported by the Growth Management Act
and Kent's Comprehensive Plan.
b. Approximately how many units, if any, would be eliminated? Indicate whether
high, middle, or low-income housing. thelpl
Not applicable. No development is proposed at this time.
Proposed measures to reduce or control housing impacts, if any: l-helplc
Midway Design Guidelines can help offset increased height in the MTC-1 zoning
district along SR 99.
10, Aesthetics [help]
a. What is the tallest height of any proposed structure(s), not including antennas;
what is the principal exterior building material(s) proposed? [help]
No development is proposed at this time. However, 87., could allow an
increase of two stories or 70 feet in the MTC-1 zoning district, for a total
height of 65 feet. This increased height still reflects a transition to the 200-
foot height limit allowed in the adjacent MTC-2 Midway Transit Community-
2 or MCR Midway Commercial Residential zoning districts.
b. What views in the immediate vicinity would be altered or obstructed? lhelp]
No development is proposed at this time. However, increased height
limitations in the MTC-1 zoning district could affect existing views and also
create new views. The elevated light rail facility to be operational in 2024
in this area will also alter existing views.
c Proposed measures to reduce or control aesthetic impacts, if any: lhelp]
No development is proposed as part of these amendments. Future
development proposals are subject to design review per KCC 15.09.045.
Midway Design Guidelines would apply.The design review process is intended
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to ensure site and architectural design that creates interesting and high-
quality projects.
11, Light and GIare l-helpl
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur? [help]
No development is proposed at this time. Increased building height in the
MTC-1 zoning district along SR 99 may produce additional lighting.
b. Could light or glare from the finished project be a safety hazard or interfere with
views? [helpl
No development is proposed.
c What existing off-site sources of light or glare may affect your proposal? lhelp]
No development is proposed
d. Proposed measures to reduce or control light and glare impacts, if any: [helpl
No development is proposed. Existing regulations and Midway Design
Guidelines address lighting impacts associated with development that may
occur in the MTC-1 zoning district along SR 99.
12. Recreation Ihelpl
a. What designated and informal recreational opportunities are in the immediate
vicinity? [helpJ
No development is proposed at this time. Parks, open space or other
recreational facilities exrst or are planned throughout the city. For
example, the 2016 Park and Open Space Plan identifies a project to provide
park and recreational opportunities in the Midway area.
b. Would the proposed project displace any existing recreational uses? If so,
describe. IhelpJ
No development is proposed at this time.
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c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any: [help]
No development is proposed at this time. Increased height allowed in the
MTC-1 zoning district may generate additional residents or employees which
increases demand for parks or recreational facilities in the Midway area. The
City is also working with Sound Transit as property surplus becomes available
from the Federal Way Link Extension project fo assess the opportunity for
creati ng pa rk faci I ities.
13. Historic and cultural preservation lhelp]
a. Are there any buildings, structures, or sites, located on or near the site that are
over 45 years old listed in or eligible for listing in national, state, or local
preservation registers ? If so, specifically describe. lhelp]
No development is proposed at this time. Sfafe and local regulations address
impacts on historic properties that may be located throughout the city.
b. Are there any landmarks, features, or other evidence of Indian or historic use or
occupation? This may include human burials or old cemeteries. Are there any
material evidence, artifacts, or areas of cultural importance on or near the site?
Please list any professional studies conducted at the site to identify such
resources. Ihelp]
No development is proposed at this time. State and local regulations
address impacts on historic properties that may be located throughout the
city.
c. Describe the methods used to assess the potential impacts to cultural and
historic resources on or near the project site. Examples include consultation with
tribes and the department of archeology and historic preservation, archaeological
surveys, historic maps, GIS data, etc, [help]
King County Assessor's data via the ¡MAP online GIS application and the State
of Washington WIZAARD database are used to assess whether there was a
potential for cultural or historic resources to be present on properties in the
city. Additionally, the State Department of Archaeology and Historic
Preservation and Muckleshoot Indian Tribe receive Notices of Application.
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d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and
disturbance to resources. Please include plans for the above and any permits that
may be required. [help]
No development is proposed at this time. However, the State Department of
Archaeology and Historic Preservation and Muckleshoot Indian Tribe receive
Notices of Application and can provide comments.
L4. Transportation lhelpl
a. Identify public streets and highways serving the site or affected geographic area
and describe proposed access to the existing street system. Show on site plans,
if any. Ihelp]
Not applicable. No development is proposed at this time.
b. Is the site or affected geographic area currently served by public transit? If so,
generally describe. If not, what is the approximate distance to the nearest
transit stop? [help]
King County Metro and Sound Transit provide services throughout the city.
Sounder trains provide service from Kent's downtown transit center to Seattle and
Tacoma areas. Light rail is anticipated to be operational in the Midway area in
2024. RapidRide "A" Line serves the Midway area along SR 99. Additional
east/west RapidRide service also is anticipated.
c. How many additional parking spaces would the completed project or non-project
proposal have? How many would the project or proposal eliminate? [helpl
No development is proposed at this time. Additional residential or commercial
development resulting from increased height in the MTC-1 zoning district
along SR 99, reduced side yard setbacks in residential zoning districts, or
changes to density rounding calculations would require additional parking
per Kent City Code.
d. Will the proposal require any new or improvements to existing roads, streets,
pedestrian, bicycle or state transportation facilities, not including driveways? If
so, generally describe (indicate whether public or private). lhelol
No development is proposed at this time. Future development may require
new or improved streets or other transportation facilities per Kent City Code.
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e, Will the project or proposal use (or occur in the immediate vicinity of) water,
rail, or air transportation? If so, generally describe. lhelpl
No development is proposed at this time. Commuter rail serves the city via
the downtown transit center. It is anticipated that light rail service will be
operational in 2024 for the Midway area.
f . How many vehicular trips per day would be generated by the completed project
or proposal? If known, indicate when peak volumes would occur and what
percentage of the volume would be trucks (such as commercial and non-
passenger vehicles). What data or transportation models were used to make
these estimates? [help]
No development is proposed at this time. However, the Institute of
Transportation Engineers (ITE) code 473 Casino/Video Lottery Establishment lists
traffic generation at 13.5 PM Peak Hour trips per 1000 square feet ("PMPHT/1000
sf") of building area. This is a higher trip generation rate than traditional
manufacturing uses in which the most intense use generates approximately B
PMPHT/1000 sf. However, this is a lower trip generation rate than some uses that
are permitted outright in certain manufacturing zones (Day Care Center=72.5;
Dri n ki ng Place = 7 1. 34 ; Conven ience Ma rket= 3 7 ; Bread/ Donut/ Bag el Shop =28 ).
Where those uses are allowed either as principally permitted or special permit uses
or in limited amounts, ITE code 473 does not represent a significant impact to the
tra nsportation system.
g. Will the proposal interfere with, affect or be affected by the movement of
agricultural and forest products on roads or streets in the area? If so, generally
dcscribc. lhelpl
Unknown. No development ís proposed at th¡s time.
h. Proposed measures to reduce or control transportation impacts, if any: lhelp]
Increased residential development resulting from changes to height limits in
the MTC-I zoning district could be served by future light rail anticipated to be
operational by 2024. Additionally, impacts to the city's transportation system are
addressed by street improvements, pedestrian connections or traffic impact fees.
15, Public Services l-helpl
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a, Would the project result in an increased need for public services (for example:
fire protection, police protection, public transit, health care, schools, other)? If
so, generally describe. Ihelpl
No development is proposed at this time. Future residential or commercial
development caused by increased height in the MTC-1 zoning district along
SR 99, reduced side yard setbacks or changes to density calculations via
rounding provisions would likely affect the demand for public services,
i nclud i ng fi re protectio n, pol ice protection, pu bl ic tra nsportation,
healthcare, and schools, as well as storm water and sewer infrastructure.
Additionally, casinos may generate increased calls for police services. The
extent to which any future development may impact these services is
dependent upon the proposed development, density and type of housing.
b. Proposed measures to reduce or control direct impacts on public services, if any.
lhelpl
The City of Kent assesses impact fees for fire protection services and schools to
offset the additional costs to the city for new development. Police can work with
casino operators to determine appropriate precautions for and responses to needs
for police services. Drainage systems development charges are assessed to
developers in order to offset the impacts of new development on the city's storm
water and surface water infrastructure. Developers may also be required to pay for
or construct improvements to the city's drainage facilities to mitigate impacts to the
public system.
16. Utilities Ihelp]
a. Circle utilities currently available at the site: lhelp]
electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic
system,
other
No development is proposed at this time. Utilities are generally available to
serve development throughout the city.
b. Describe the utilities that are proposed for the project, the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed. lhelp]
No development is proposed at this time.
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123
C. Signaturê lhetp]
The above answers are true and complete to the best of my knowledge. I
understand
Signature:
Name of signee Charlpnp Andprcon ATCP
Posltion and Agency/Organization Long Range Plqnning_Manager, CítV of Kent
Date Submitted:09129120t7
"Aml'W to make its decision'
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137165
D. supplemental sheet for nonproject actions Lhetpl
(IT IS NOT NECESSARY to use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in
conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the
types of activities likely to result from the proposal, would affect the item at
a greater intensity or at a faster rate than if the proposal were not
implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to
air; production, storage, or release of toxic or hazardous substances; or
production of noise?
Minimal increased residential or commercial development resulting from the
code amendments is expected to generate discharges, emissions, releases or noise
typical of residential or commercial development, without significant impacts.
Proposed measures to avoid or reduce such increases are:
Existing regulations should address any impacts from development
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Increased residential or commercial development resulting from the code
amendments may affect plants and animals. The presence on sites of
WDFW priority habitat and sensitive fish species, as well as the proximity of
nesting and breeding grounds for sensitive birds of prey could result in
adverse impacts du ring construction.
Proposed measures to protect or conserve plants, animals, fish, or marine life
are:
The city's Critical Areas Ordinance ("CAO") and Shoreline Master Program
address impacts to critical and shoreline areas, protect sensitive habitat areas
from being developed, and establish standard buffer widths to prevent impacts
from adjacent land uses.
3. How would the proposal be likely to deplete energy or natural resources?
SEPA Environmental checklist (WAC 197-11-960)
October 2,2OL7 Page 23 of 25
166
Impacts of the amendments may occur through future development allowed
by the amendments, which may be at an increased density compared to
existing land uses. This may lead to an increased use of water, electricity,
and natural gas on the site; however, energy- and water-efficient
development would reduce this effect.
Proposed measures to protect or conserve energy and natural resources are:
Existing codes and ordinances address impacts on energy and natural
resources. The City promotes conservation of energy and natural
resources through educational and recycling programs.
4. How would the proposal be likely to use or affect environmentally sensitive
areas or areas designated (or eligible or under study) for governmental
protection; such as parks, wilderness, wild and scenic rivers, threatened or
endangered species habitat, historic or cultural sites, wetlands, floodplains, or
prime farmlands?
Future development allowed by the amendments may impact city park and
recreational facilities or sifes that contain or are adjacent to wetlands,
endangered species habitat, historic or cultural sites, floodplains or prime
farmlands.
Proposed measures to protect such resources or to avoid or reduce impacts
are:
Existing codes and ordinances address adverse impacts of future
development on streams, wetlands and other critical areas.
5. How would the proposal be likely to affect land and shoreline use, including
whether it would allow or encourage land or shoreline uses incompatible with
existing plans?
Most code amendments are unlikely to allow or encourage land or shoreline
uses incompatible with existing plans.
However, careful consideration should be given to allowing casinos in industrial
area, especially in the heavier industrial zoning districts (e.9., M-2 or M-
3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for manufacturing/industrial centers
("MICs').
Proposed measures to avoid or reduce shoreline and land use impacts are:
SEPA Environmental checklist (WAC L97-L1-96O)
October 2,2OL7 Page 24 of 25
167
No adverse impacts to shoreline or land use are anticipated from most of these
amendments. Consideration should be given to criteria for allowing casinos in
industrial area, especially in the heavier industrial zoning districts (e.9., M-2
or M-3), to ensure compatibility with the purpose of the zoning districts locally
as well as the regional designation for MICs. These considerations could be
size limitations or allowing them as conditional or accessory uses.
6. How would the proposal be likely to increase demands on transportation or
public services and utilities?
Impacts to demand for transportation, public services, and utilities are
described above in Section B, items 14 through 16.
Proposed measures to reduce or respond to such demand(s) are:
Measures to respond to increased demand for transportation, public services,
and utilities are described above in Section B, items 74 through 16.
7. Identify, if possible, whetherthe proposal may conflict with local, state, or
federal laws or requirements for the protection of the environment.
These proposed amendments generally do not conflict with any local, state, or
federal laws. However, consideration should be given to how casinos are
consistent with the regional and countywide guidance for land uses in the MIC.
Any future development is subject to codes and regulations in effect when a
project is vested.
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SEPA Environmental checklist (WAC 197-f 1-960)
October 2,20L7 Page 25 of 25
168
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone:253-856
Fax: 253-856
220 Fourth Avenue S.
Kent, WA 98032-5895
5454
6454WasHrNGfoN
ENVIRONMENTAL REVIEW REPORT
Decision Document
2016 Docrereo Cooe Am¡ruouenrs
ENV-2O17 -27, KIVA #RPSW-2L73953
zcA-2oL7-3, KM #RPP6-2 L7 3499
I
Charlene Anderson, AICP Res onsible Official
PROPOSAL
The City of Kent has initiated a non-project environmental review for a
proposal to amend the City of Kent Municipal Code Sections 3.2L, L2.OL,
L2.04, and Title 15 as a result of the 20L6 docket, The docket items being
reviewed are as follows:
81, - Correct grammatical error - Purpose Statement M1 Industrial
Park District.
B2. - Remove critical area definitions in Zoning Code that are applied
through Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/
gambling facilities in the city.
85, - Apply residential design review to all newly-constructed or
reconstructed residences.
86. - Apply the same side yard setbacks (five- or eight-foot) to new
single family residential development.
87. - Allow increased height limitation in Midway Transit Community-1
zoning district.
10. - Amend density rounding calculations,
11. - Amend public notice process and alteration requirements for
subdivisions and short plats.
BL, 82 and 11 are administrative or procedural in nature. Docket
Items 84 pertaining to dumpster requirements for multifamily
developments, 88 pertaining to medical or recreational marijuana, and
89 pertaining to multifamily tax exemptions are not being pursued at
this time.
169
Decision Document
2016 Docketed Code Amendments
zcA-20t7 -3 / RPP6-2173899
ENV-20 17-27 / RPSA-2I7 3953
II BACKGROU N D IN FORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4L63), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB L724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter LZ.LI, 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.L2 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 L97-Ll WAC (effective November 10,
L997), which implements ESHB L724 and ESB 6094, and rules which took
effect on May 10, 2OL4 in response to 2ESSB 6406 passed by the State
Legislature in 20L2.
III. ENVIRONMENTAL ELEMENTS
A Earth
Individual development projects will be subject to the City of Kent
standards for erosion and sedimentation controls. Specific
environmental impacts and appropriate mitigation measures will be
determined at the time of individual development permit review.
Air
The proposal is a non-project action. Specific environmental impacts and
appropriate mitigation measures will be assessed at the time of
application for development permits.
Water
The proposal is city-wide, which includes areas that abut the Green
River, Mill Creek, several lakes, and various drainage basins and
wetlands. All lands within the Green River Natural Resources Area pond,
within 200 feet of the ordinary high water mark of Panther Lake, Lake
Meridian, Lake Fenwick, the Green River, and impacted by associated
wetlands, are within Shoreline Master Program jurisdiction. If individual
development proposals impact wetlands or streams, mitigation will be
B
c
Page 2 of 5
170
Decision Document
2016 Docketed Code Amendments
zcA-2ol7 -3 / RPP6-2L7 3899
ENV-20 17-27 / RPSA-2 173953
required in accordance with the City's Critical Areas regulations
conta¡ned in Kent City Code Section 11.06.
Construction activities are regulated by the adopted codes of the City of
Kent. Impacts to associated waterways and wetland areas will be
analyzed and mitigated at the time of development permit review.
Plants and Animals
The code amendments are non-project actions. The Green River is
considered critical habitat for a number of threatened and migratory
species. Specific environmental impacts and appropriate mitigation
measures related to plants and animals will be determined at the time of
individual development permit review.
Energy and Natural Resources
This proposal is not anticipated to have a significant adverse effect on
energy and natural resources.
Aesthetics, Noise, Light and GIare
The code amendments are non-project actions. Increasing height in the
MTC-1 zoning district along SR 99 may impact views but also create new
views. Midway design guidelines are intended to ensure site and
architectural design that creates interesting and high-quality projects.
Specific impacts and appropriate mitigation measures will be determined
at the time of individual development permit review.
Land and Shoreline Use
Adoption of the code amendments is a non-project action that is not
anticipated to have significant adverse environmental impacts, The code
amendments apply to various zoning districts throughout the city.
Shoreline jurisdiction applies to the Green River Natural Resources Area,
properties within 200 feet of the Ordinary High Water Mark of the Green
River, Lake Fenwick, Panther Lake, and Lake Meridian, and within any
wetlands associated with these waterbodies.
Consideration is given to allowing casinos in industrial areas, specifically
in Kent's manufacturing/industrial center, to ensure consistency with
regional and local policies. Net residential density may be increased as
a result of code amendments for smaller side yard setbacks, increased
height or density rounding provisions. Applying residential design
review to new residential development may improve the aesthetics of
the city's housing stock. Increasing housing opportunities in the city is
in line with the goals of the Growth Management Act, regional and local
comprehensive plans. Specific impacts and appropriate mitigation
measures will be determined at the time of individual development
permit review.
D
E
F
G
Page 3 of 5
171
Decision Document
2016 Docketed Code Amendments
zcA-20r7 -3 / RPP6-2773899
ENV-2017-27 / RPSA-2173953
Housing
Adoption of the code amendments is not anticipated to have a
significant adverse effect on housing,
Recreation
While there are many parks and recreation facilities in the City of Kent,
significant adverse impacts to recreation are not anticipated from these
code amendments. The 20t6 Park and Open Space Plan identifies
projects to provide park and recreational opportunities in the city,
including in the Midway area.
Historic and Cultural Preservation
Although this is a nonproject action, if archeological materials are
discovered during work for any project action, the applicant must stop
work and notify the State Department of Archaeology and Historical
Preservation.
Transportation
Individual development projects are required to pay a transportation
impact fee and may be required to construct streetscape improvements.
Public Services
Although adoption of the code amendments is a non-project action,
public services may be affected by ensuing development of additional
residential or commercial uses, including any increased calls for services
from casinos. The extent to which any future development may impact
these services is dependent upon an individual development proposal
and would be reviewed with any development permit review.
Utilities
Adoption of the code amendments is not anticipated to have significant
impacts on utilities.
IV. SUMMARY AND RECOMMENDATION
A It is appropriate per WAC L97-L1-660 and RCW 43.2LC.060 that the
City of Kent establish conditions to mitigate any identified impacts
associated with this proposal. Supporting documents for the following
conditions and mitigating measures include:
City of Kent Comprehensive Plan as prepared and adopted
pursuant to the State Growth Management Act;
The Shoreline Management Act (RCW 90.58) and the Kent
Shoreline Master Program;
Kent City Code Section 7.O7 Surface Water and Drainage Code;
H
I
J
K
L.
M
1
2
3
Page 4 of 5
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Decision Document
2016 Docketed Code Amendments
zcA-20r7 -3 / RPP6-2L7 3899
ENV-20 17-27 / RPSA-27739534. City of Kent Transportation Master Plan, Green River Valley
Transportation Action Plan and current Six-Year Transportat¡on
Improvement Plan;
5. Kent City Code Section 7.09 Wastewater Facilities Master Plan;
6, City of Kent Comprehensive Water Plan and Conservation
Element;
7. Kent City Code Section 6.02 Required Infrastructure
Improvements;
8, Kent City Code Section 6.07 Street Use Permits;
9. Kent City Code Section L4.Og Flood Hazard Regulations;10. Kent City Code Section L2.04 Subdivisions, Binding Site Plans,
and Lot Line Adjustments;
11. Kent City Code Section L2.05 Mobile Home Parks and L2.06
Recreation Vehicle Park;
L2. Kent City Code Section 8.05 Noise Control;
13, City of Kent International Building and Fire Codes;
L4. Kent City Code Title 15, Zoning;
15. Kent City Code Section 7.L3 Water Shortage Emergency
Regulations and Water Conservation Ordinance 2227;
16. Kent City Code Sections 6.03 Improvement Plan Approval and
Inspection Fees;
L7. Kent City Code Section 7.05 Storm and Surface Water Utility;18. City of Kent Comprehensive Sewer Plan;
19. City of Kent Fire Master Plan; and
20. Kent City Code Chapter 11.06, Critical Areas.
It is recommended that a Determination of Nonsignificance (DNS) be
issued for this non-project action.
KENT PLANNING SERVICES
October 6,20L7
CA\Ct\S;\perm¡t\PIan\ZONING-OTHER CODE-AMENDMENTS\2017\ZCA-2017-3 DOCKETED CODE AMDS FROM 2016\zCA-2017-3-ENv-Decis¡on.doc
B
Page 5 of 5
173
KENTJINGTO- CITY OF KENT
DETERMINATION OF NONSIG NIFICANCE
Environmental checklist No. #ENV-2017-27 / #RPSW-zt73953
zcA-zoL7-3 / #RPP6-2173899
Project: 2OL6 Docketed Code Amendments
Description: The City of Kent has initiated a non-project environmental review for
amendments to its municipal code sections 3.2I, L2.Ot, L2.O4 and Title 15 as a result of the
20L6 docket. Docketed items are as follows:
81. - Correct grammatical error - Purpose Statement M1 Industrial Park District.
B2. - Remove critical area definitions in Zoning Code that are applied through
Critical Areas Ordinance.
83. - Allow card rooms, mini-casinos and not-for-profit gaming/gambling facilities.
85. - Apply residential design review to all newly-constructed or reconstructed
residences.
86. - Apply the same side yard setbacks (five- or eight-foot) to new single family
residential development.
87. - Allow increased height limitation in MidwayTransit Community-1 zoning
district.
10, - Amend density rounding calculations.
11. - Amend public notice process and alteration requirements for subdivisions and
short plats.
Applicant: Charlene Anderson, AICP, Long Range Planning Manager
City of Kent Planning Services
Lead Agency Cnv or Krrur
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency, This information is
available to the public on request.
There is no comment period for this DNS.
X This DNS is issued under L97-LL-34O(2). The lead agencywill notacton this proposal
for L4 days from the date of this decision; this constitutes a L4-day comment period.
Comments must be submitted by 4:3O p.ñ., October zOt 2OL7. This DNS is subject to
appeal pursuant to Kent City Code section 11.03.520.
108174
Determination of Nons¡gnificance
2016 Docketed Code Amendments
# ENV -20 L7 -27 / # RPSW -21 73953
#zcx-20r7 -3 / #RPP6-2L73899
Responsible Official
Position/Title
Charlene Anderson
Lono Ranoe Plannino Manaoer/ SEPA OFFICIAL
Address 220 Fourth Avenue South, Kent, WA 98032 Telephone: (253'1 856-5431
Dated October 6, 2017 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE
END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
CA\ct\ S: \Permit\Plan\ZONING_OTH ER_CODE_AMENDM ENTS\201 7\ZC A-2Ot7 -3 DOCKETED CODE AMDS FROM 2016\2CA-2017-3_ENV_Determi nation.doc
2of2
109175
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Agenda Item: Consent Calendar – 7E_
TO: City Council
DATE: November 21, 2017
SUBJECT: Multifamily Tax Exemption – Marquee on Meeker – Authorize
SUMMARY: An application for a multifamily tax exemption was received by the City
on October 4, 2017, for Phase I of the Marquee on Meeker project. Marquee on
Meeker is a mixed use development comprised of 498 residential apartment units and
12,000 square feet of commercial space in twenty-three separate buildings, located at
the existing Riverbend Par 3 golf course on the south side of West Meeker Street.
A Development Agreement establishing the terms and conditions of this project was
approved by the City Council on August 1, 2017. Phase I of this project is comprised
of 288 residential apartment units and 6,000 square feet of commercial space in
fifteen separate buildings, located on the westernmost portion of the project site. The
remainder of the Marquee on Meeker project will be the subject of a separate
multifamily tax exemption application at a later time. Applications for downtown
design review and civil construction have been submitted to the City and are currently
under review.
A multifamily tax exemption provides a limited eight-year exemption from "ad
valorem" property taxation for developments that meet the 8 criteria in Kent City
Code 3.25.040, which relate to the location, size, and design of the project. Adopted
by the City Council 1998 and amended in 2016, the purpose of the City's multifamily
tax exemption is to encourage residential development in targeted areas of the City
and on vacant and underutilized sites to reduce development pressure on single family
neighborhoods and support transit use in urban center areas.
EXHIBIT: Multifamily Housing Property Tax Exemption Agreement
RECOMMENDED BY: Economic & Community Development Committee
YEA: Berrios, Boyce, Budell NAY: N/A
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign the Multifamily Housing Property Tax
Exemption Agreement with Marquee on Meeker LLC, subject to final terms
and conditions acceptable to the Economic and Community Development
Director and City Attorney.
This page intentionally left blank.
KEI{T
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters
D i rector
22O4th Avenue South
Kent, WA 98032
Fax: 253-856-6454lilnaHrN6roil
o(:l
<3ucoYt
=3
fiF
PHONE: 253-856-5454
October \7, 2QI7
Mr. Brett Jacobsen
Marquee on Meeker LLC
2711 West Val ey Hwy N, #2O0
Auburn, WA 98100
RE: MARQUEE ON MEEKER PHASE I MULTIFAMILY TAX EXEMPTION APPLICATION
Dear Mr. Jacobsen:
I am writing to address your October L7,2017 Multifamily Tax Exemption (MFTE)
application for Phase I of the Marquee on Meeker project, which is comprised of 288
residential apartment units and 6,000 square feet of cornmercial space ln fifteen
sepa rate buildings, Thank you for the information you have provided, which
constitutes a complete application, Phase II of this project wilt be revlewed under a
separate Multifamily Tax Exemption application, This second phase will include the
remainder of the 498-units and 12,000 square feet of commercial retail space
described in the Development Agreement that was approved by the City Council on
August t,2AL7.
The purpose of the MFTE is to provide a limited eight year exemption from ad
valorem property taxation for multifamily housing in Kent's residential targeted
areas. This exemption is intended to stirnulate new high quality residential
construction, help direct future population growth toward downtown Kent and
promote urban residential densities conducive to transit use,
I have reviewed the application per the eligibility requirements and approval criteria
of Kent City Code 3.25 and determined that the application is eligible and compliant
with relevant requirements. As described in the application, the above-mentioned
Development Agreement and project permit documents, the project meets the
eligibility requirements found ln KCC 3.25.040, These requirements pertain to
location, tenant displacement, number of unlts, construction schedule, structured
parking and compliance with city guidelines and standards, Accordingly, I have
determined that the application is approved.
The next step in the MFTE process is entering into a contract with the City that
addresses the terms and conditions of the project under Kent City Code 3.25. I
have enclosed a draft contract for your review.
Once the contract is approved by the City Council and signed by the Mayor, a
conditional certificate of acceptance of tax exemption will be issued. This certificate
Mnvon SuzerrE Coo<r
City of Kent Economic & Community Development
291
Mr, Brett Jacobsen
Page 2
will be valid for three years, while the project is under construction, Once the
project is cornpleted, a final certificate application and annual reporting will also be
required per KCC 3.25.
Again, thank you for your application, Please continue to work with staff towards
completing the remaining steps in the process,
Best Regard
&^
Ben Wolters
Economic & Community Development Director
encl I draft MFTE contract
cc: Charlene Anderson, AICP, Planning Manager
Matt Gllbeft/ AICP, Current Planning Manager
Adam Long, Asslstant City Attorney
292
MULTIFAMILY HOUSING PROPERTY TAX EXEMPTION
AGREEM ENT
THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (hereinafter
"Agreement") is entered into on the last date signed below, by and between
MA€AU€€ Stl }AE€F€A LLC (hereinafter "Applicant"), and the CITY OF
1
KENT, a municipal corporation (hereinafter "City").
Recitals
Applicant has applied to City for a limited property tax exemption as provided
for in Chapter 84.L4 RCW and Chapter 3.25, Kent City Code ("KCC") for
multifamily residential housing located in the residential targeted area, as
defined in KCC Section 3.25.020, and the Director of Economic and
Community Development (hereinafter "Director") has approved the
application; and
2. Applicant has submitted to City preliminary site plans and floor plans for new
as part of a mixed-use projectrb\ 1v\56y5ffi-hereinafter "Project") on
property located at '2la-w fv\5"I Kent, Washington, and
more fully described in Exhibit 1 attached hereto, (hereinafter "Property");
and
3. Applicant is the owner of the Property; and
multifamily
known as
housin I units to be constructed
4 City has determined that the Project will, if developed as proposed, satisfy
the requirements for a final certificate of tax exemption.
NOW, THEREFORE, in consideration of the mutual promises herein, City and
Applicant do mutually agree as foliows:
1. Conditional Certificate of Acceptance of Tax Exemption
City agrees/ upon execution of this Agreement, and subject to approval by
the City Council, to issue a conditional certificate of acceptance of tax exemption
(hereinafter "Conditional Certificate"), which shall expire three (3) years from the
date of approval of this Agreement by the City Council, unless extended by the
Director, or his or her designee, as provided in KCC Section 3.25.070,
2 Anroernanf tn (^nnctrr ref Mr rlfifarnilrr l'-lnr rcinn
a. Applicant agrees to construct the Project on the Property substantially
as described in the site plans and floor plans on file with the City's Economic and
Multifamily Housing Property Tax
Exemption Agreement
Page 1 of 10
293
d, A statement that the Project was completed within the required three-
(3) year period or any authorized extension, and documentation that the Project
was completed in compliance with the terms of this Agreement;
e. Any further information that the Director deems necessary or useful,
pursuant to Chapter 84.L4 RCW or KCC Chapter 3.25, to evaluate the Project's
eligibility for the Final Certificate.
4. Agreement to Issue Final Certificate of Tax Exemption.
City agrees to file a Final Certificate with the King County Assessor within
forty (a0) days of submission by the Applicant of all materials required by
paragraph 3 above, if Applicant has:
a. Successfully completed the Project in accordance with the terms of this
Agreement and KCC Chapter 3.25;
b. Filed a request for a Final Certificate with the Director and submitted
the materials described in paragraph 3 above;
c Paid to City a fee in the amount of one thousand dollars ($1,000); and
d. Met all other requirements provided in KCC Chapter 3.25 for issuance
of the Final Certificate.
5. Annual Certification and Report
Within thirty (30) days after the first anniversary of the date City issued the
Final Certificate and each year thereafter for a period of eight (8) years, Applicant
agrees to file a notarized declaration and annual report with the Director. The
report shall contain such information as required by RCW 84.14 and as the Director
may deem necessary or useful, and shall at a minimum include the following:
a. A statement of the occupancy and vacancy of the multifamily housing
units during the twelve (12) months ending with the anniversary date;
b, A certification that the multifamily housing units, Project, and Property
have not changed use since the date the City issued the Final Certificate;
c. A statement that the multifamily housing units, Project, and Property
continue to be in compliance with this Agreement and the requirements of RCW
84.L4 and KCC Chapter 3.25;
Multifamily Housing Property Tax
Exemption Agreement
Page 3 of 10
294
Agreement or with the requirements of KCC Chapter 3.52, or for any other reason
no longer qualifies for a property tax exemption.
b, If the property tax exemption is canceled for non-compliance,
Applicant acknowledges that state law requires that an additional real property tax
is to be imposed in the amount of: [1] the difference between the property tax paid
and the property tax that would have been paid if it had included the value of the
nonqualifying improvements, dated back to the date that the improvements became
nonqualifying; [2] a penalty of twenty percent (20o/o) of the difference calculated
under (1) of this subsection b; and [3] interest at the statutory rate charged on
delinquent property taxes, calculated from the last date the tax could have been
paid without penalty if the improvements had been assessed without regard to the
exemptions provided by Chapter 84.L4 RCW and KCC Chapter 3.52, Applicant
acknowledges that, pursuant to RCW 84.L4.110, any additional tax owed, together
with interest and penalty, shall become a lien on the Property and attach at the
time the Property or portion of the Property is removed from multifamily housing
use, and that the lien has priority to and must be fully paid and satisfied before a
recognizance, mortgdge, judgment, debt, obligation, or responsibility to or with
which the Property may become charged or liable. Applicant further acknowledges
that RCW 84.L4.110 provides that any such lien may be foreclosed in the manner
provided by law for foreclosure of liens for delinquent real property taxes,
c. Upon determining that the tax exemption is to be canceled, the
Director shall notify the Applicant, along with any other owner of record, by certified
mail, return receipt requested. The Applicant may appeal the determination in
accordance with RCW 84,14.110 and KCC Section 3.25.110.8.
9. Amendments.
No modification of this Agreement shall be made unless mutually agreed
upon by the parties in writing and unless in compliance with the provisions of KCC
Section 3.25.060,E, including but not limited to Applicant's payment of a five
hundred dollars ($500) contract amendment fee.
10. Binding Effect,
The provisions, covenants, and conditions contained in this Agreement are
binding upon the parties hereto and their legal heirs/ representatives, successorsr
assigns, and subsidiaries, and are intended to run with the land.
11. Recording of Agreement.
The Director shall cause this Agreement to be recorded, at Applicant's
expense, in the real property records of the King County Department of Records
Multifamily Housing Property Tax
Exemption Agreement
Page 5 of 10
295
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates indicated below,
CITY OF KENT P
By: Suzette Cooke By:
Its:Its:Mavor
Date:Date:
APPROVED AS TO FORM:
City Attorney
Multifamily Housing Property Tax
Exemption Agreement
Page 7 of 10
296
STATE OF WASHINGTON
COUNW OF KING
I certify that I know or have satisfactory evidence that Bp€"tt JftL[)gi(€i*
that he)
is the person who appeared before me, and said pe
signed this instrument and acknowledged it to be
for the uses and purposes mentioned in the instrume
Dated 2\
P:\Civil\Files\Op6n Filss\064E-E6nomic-CD-G€n6ral 2011\tvlulti-Family Housing Property Tax Exemption Agre€menl Template.doc
Multifamily Housing Property Tax
Exemption Agreement
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Agenda Item: Consent Calendar – 7F_
TO: City Council
DATE: November 21, 2017
SUBJECT: Multifamily Tax Exemption – David Myakovsky - Authorize
SUMMARY: An application for multifamily tax exemption was received by the City on
June 23, 2017, for Madison Plaza Apartments, a 157-unit, seven story building
proposed to be located on the north side of Meeker St between Madison Avenue and
Uplands Playfield Park. The site is comprised of four vacant parcels, some of which
have been the site of squatting, building and zoning code violations, and other illegal
activity.
A multifamily tax exemption provides a limited eight-year exemption from “ad
valorem” property taxation for developments that meet the eight criteria in Kent City
Code 3.25.040, which relate to the location, size, and design of the project. Adopted
by the City Council 1998 and amended in 2016, the purpose of the City’s multifamily
tax exemption is to encourage residential development in targeted areas of the City
and on vacant and underutilized sites to reduce development pressure on single family
neighborhoods and support transit use in urban centers.
Downtown design review approval was granted for the project on May 24, 2017, and
plans for civil construction are under review. The applicant has worked closely with
City staff to revise the plans to comply with the design and multifamily tax exemption
criteria and staff recommends approval of this request for a multifamily tax
exemption. The final step in the process for the tax exemption is Council approval of
the agreement.
Exhibit: Multifamily Housing Property Tax Exemption Agreement
RECOMMENDED BY: Economic & Community Development Committee
YEA: Berrios, Boyce, Budell NAY: N/A
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign the Multifamily Housing Property
Tax Exemption Agreement with David Myaskovsky, subject to final terms
and conditions acceptable to the Economic and Community Development
Director and City Attorney.
This page intentionally left blank.
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters
Director
22O4th Avenue South
Kent, WA 98032
Fax: 253-856-6454WASHtNGtoN
PHONET 253-856-5454
September L4,20L7
Mr. Imad Bahbah
IHB Architects
2L62O B4th Avenue S., Suite 200
Kent, WA 98032
Dear Imad,
I am writing to address your June 23,20L7 Multifamily Tax Exemption (MFTE)
application for Madison Plaza, a L57 unit residential project located at 102 Madison
Avenue in downtown Kent. Thank you for the information you have provided,
which constitutes a complete application.
The purpose of the MFTE is to provide a limited eight year exemption from ad
valorem property taxation for multifamily housing in Kenls downtown residential
targeted area. This exemption is intended to stimulate new residential
construction, help direct future population growth to downtown Kent and promote
urban residential densities conducive to transit use.
I have reviewed the application per the eligibility requirements and approval criteria
of Kent City Code 3.25 and determined that the application is eligible and compliant
with relevant requirements. Accordingly, I have determined that the application is
approved.
In reaching this conclusion, I have relied on the following information and criteria:
As described in the application, project permit documents, and plans for
proposed revisions, the project meets the eligibility requirements found in
KCC 3.25.040. These requirements pertain to location, tenant displacement,
number of units, construction schedule, structured parking and compliance
with city guidelines and standards.
As described and shown in the application, you and your client intend for the
ground floor frontage along Meeker Street to be occupied by retail or service
uses. While a tenant for this space has not been identified, use of this space
may ultimately be for residential amenity uses,
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a After review by City permitting staff, the Madison Plaza project has received
approval through the Downtown Design Review process, and plans for civil
construction and building permits have been submitted to the City.
BW/as/S:\Perm it\Pla n\M ultifam ily Tax Exem ption\Madison Plaza\Madison Plaza M FTEapprova lmemo_draft.docx
Mnvon Suzerre Coorr
City of Kent Economic & Community Development
276
Accordingly, the proposed project is or will be, at the time of completion, in
conformance with all applicable local plans, regulations, and design
guidelines. As your application includes the proposal to reduce the number of
residential units and replace ground-floor parking with commercial space,
revised building plans must be submitted to the City prior to building permit
issuance.
The next step in the MFTE process is entering into a contract with the City that
addresses the terms and conditions of the project under Kent City Code 3.25. I
have enclosed a draft contract for your review.
Once the contract is approved by the City Council, a conditional certificate of
acceptance of tax exemption will be issued. This certificate will be valid for three
years, while the project is under construction. Once the project is completed, a
final certificate application and annual reporting will also be required per KCC 3.25.
Again, thank you for your application. Please continue to work with staff towards
completing the remaining steps in the process.
Best Rega
ß,*
Ben Wolters
encl: draft MFTE contract
cc: Charlene Anderson, AICP, Planning Manager
Matt Gilbert, AICP, Current Planning Manager
Adam Long, Assistant City Attorney
BW/as/S;\Perm it\Pla n\M ultifamily Tax Exemption\Madison Plaza\Madison Plaza M FTEapprova lmemo_draft.docx
277
UUTTIFATIILY HOUSING PROPERW TAX EXEMPTIOT{
AGREElIIET{T
THIS MULTIFAMILY HOUSING PROPERTY TAX AGREEMENT (heTeinafteT"Agreement") is entered into on the last date signed below, by and between
-*Daui(hereinafter'.Applicant"),andtheCITYoFKENT, a municipal corporation (hereinafter .'City,,).
Recitals.
Applicant has apptied to city for a limited property tax exemption as providedfor in chapter 84.14 Rcw and chapter 3,2s, keni city code (,,KCC,,) formultifamily residential housing located in the residentlal targeted area, asdefined in KCC section 3.25.020, and the Director of Economic and
community Development (hereinafter "Director,,) has approved theapplication; and
I
2
Multifamily Housing property Tax
Exemption Agreement
Applicant has submitted to city preliminary site plans and floor plans for newmultifamily housing units to be constructed as part of a mixed-use project
known as _Madison Plaza
property rocate :i:?i:ft::;ffii:ilT;more fully described in Exhibit I attached nereio, (nireinaiter..pro[erty");
and
3. Applicant is the owner of the property; and
4' City has determined that the ProJect will, if developed as proposed, satisfythe requirements for a finar certificate of tax exemption.
Now, THEREFORE, in consideration of the mutual promises herein, city andApplicant do mutuaily agree as follows:
1' conditionar certificate of Accegtance of Tax Exemotion
. _ city agrees, upon execution of this Agreement, and subject to approval bythe City Council, to issue a conditional certificate of acceptanci of tax exemption(hereinafter "Conditional Certificate"), which shall expireinr*. (3) years from thedate of approval of this.Agreement by the city council, unless extended by theDirector, or his or her designee, as provrded in KCC section 3.zs.olo.
z. ins.
a' Applicant agrees to construct the Project on the property substantiallyas described in the site plans and floor plans on fiG with the City;s Economic and
Page 'l of 10
278
Community Development Department as of the date of the City Council's approval
of this Agreement, subject to such modiflcations thereto as may be required'to
comply with applicable codes and ordinances; provided, that in no event shall such
construction provide fewer than thirty (30) new multlfamily housing dwelling units
designed for permanent residential occupancy and at least fifty peient (50 to) of
the space within the Project shall be intended for permanent residential tccupancy,
b. Applicant agrees to comply with all applicable zoning requirements,
land use regulations, and building and housing code requirementl, intluding but not
limited to the city's comprehensive plan, building, fire, housing, and zoning codes,
downtown design review guidelines, multifamily design review, and mixed use
design review if applicable (hereinafter, collectively, aDevelopment Regulations").
The project must be LEEDo certifiable as confirmed by a LEED@ certifiei
independent third party reviewer or must be Built Greenr' certified, and must also
comply with any other standards and guidelines adopted by the City Councit for the
residential targeted area. Applicant fufther agrees that approval of inis Agreement
by the city council, its execution by the Mayor, or issuance of a conditional
Certificate by the City pursuant to KCC Section 3.25.060.C in no way constitutes
approval of proposed improvements on the property with respect to applicableprovisions of the City's Development Regulations or obligates the City to approve
proposed improvements to the Property.
c. Applicant agrees that the ProJect will be completed within three (3)
years from the date of approval of this Agreement by the Council, unless extended
by the Dlrector for cause as provideci in KCC Section 3.25.020,
3. Requirgments for Final Certificate of Tax FxFmotion.
Applicant may, upon completion of the Project and upon issuance by City of a
temporary or permanent certificate of occupancy, request a final certificate of iaxexemption (hereinafter "Final Certificate"). The request shall be made in writing tothe Director, and be accompanied by the following:
a. A statement of expenditures made with respect to each multifamily
housing unit and the total expenditures made with respect to the entire project and
Property;
b. A description of the completed work and a statement of qualiflcation
for the multifamily housing property tax exemption;
c. The total monthly rent, or total sale amount of each multifamily
housing unit rented or sold to date;
Multifamily Housing PropeRy Tax
Exemption Agreement
Page 2 of 10
279
d' A statement that the ProJect was completed within the required three-(3) year period or any authorized extinsion, and documentation that the project
was completed in compliance with the terms of this Agreement )
e. Any further information that the Director deems necessary or useful,pursuant to chapter 94.14 RCW or KCC chapter 3,25, to evaluate the proJect,s
eligibility for the Finat Certificate.
4.
City agrees to file a Final Certificate with the King County Assessor withinforty (40) days of submission by the Appticant of ail maierials iequired byparagraph 3 above, if Applicant has:
a' Successfully completed the Project in accordance with the terms of thisAgreement and KCC Chapter 3.25;
b. Filed a request for a Final Certificate with the Director and submittedthe materials described in paragraph 3 above;
c. Paid to city a fee in the amount of one thousand dollars (g1,000); and
d' Met all other requirements provided in KCC Chapter 3.25 for issuanceof the Final Certiftcate.
5. Annual Certification and Report.
. ,Within thirty (30) days after the first anniversary of the date City issued theFinal certificate and each year thereafter for a period of eight (g) yeari, Applicantagrees to file a notarized declaration and annual report with the birector. 'The
report shall contain such information as required by RCW 84.14 and as the Directormay deem necessary or useful, and shall at a minimum include the foliowin[:
a. A statement of the occupancy and vacancy of the multifamily housingunits during the twelve (12) months ending with the anniversary date;
b, A certification that the multifamily housing units, project, and property
have not changed use since the date the city issued thi rinal ceriificate;
c. A statement that the multifamily housing units, project, and property
continue to be in compliance with this Agreement ani tne requirements of RCW84.L4 and KCC Chapter 3.25;
Multifamily Housing property Tax
Exemptlon Agreement
Page 3 of 10
280
d. A description of any improvements or changes to the ProJect made
after the City issued the Final Certificate;
e. The total monthly rent of each multifamily housing unit rented or the
total sale amount of each multifamily housing unit sold to an initial purchaser during
the twelve (12) months ending with the anniversary date;
f. A breakdown of the number, type, and specific multifamily housing
units rented or sold during the twelve (12) rnonths ending wlth the anniversary
date; and
g. Any additional information requested by the Director pursuant to
meeting any reporting requirements under RCW 84.14.
6. No Violations for Duration of Exemotion.
For the duration of the property tax exemption granted under KCC Chapter
3.52, Applicant agrees that the Project and the Property will have no violations of
applicable zoning requirements, land use regulations, building code requirements or
fire code requirements, for which the applicable code enforcement officer, pursuant
to KCC Chapter 1.04, shall have issued a correction notice, a notice of violation, or
other notiflcation that is not resolved by a voluntary correction agreement,
certificate of compliance, certificate of release, withdrawal or other method that
proves elther compliance or that no violation existed, within the time period for
compliance, if any, pr.ovided in such notice of violation, citation or other notification
or any extension of the time period for compliance granted by the code
enforcement officer.
7. Notification of Transfer of Interest or Change in Use.
Applicant agrees to notify the Director within thirty (30) days of any transfer
of Applicant's ownership interest in the Project, the Property or any improvements
made to the Property. Applicant further agrees to notify the Director and the King
County Assessor in writing within sixty (60) days of any change of use of any or all
of the multifamily housing units on the Property to another use. Applicant
acknowledges that such a change in use may result in cancellation of the property
tax exemption and imposition of additional taxes, interest, and penalty pursuant to
state law,
8. Cancellation of Exemptig-n - Appeal.
a. The City reserves the right to cancel the tax exemption and revoke the
Final Certificate if at any time the Director determines that the multifamily housing
units, the Project, or the Property nO longer complies with the terms of this
Multifamily Housing PropertY Tax
Exemption Agreement
Page 4 of 10
281
Agreement or with the requirements of KCC Chapter 3.52, or for any other reason
no longer qualifies for a property tax exemption.
b, If the property tax exemption is canceled for non-compliance,
Applicant acknowledges that state law requires that an additional real property tax
is to be imposed in the amount of: [1] the difference between the property tax paid
and the property tax that would have been paid if it had included the value of the
nonqualifying improvements, dated back to the date that the improvements became
nonqualifying; [2] a penalty of twenty percent (200/o) of the difference calculated
under (1) ofthis subsection b; and [3] interest at the statutory rate charged on
delinquent property taxes, calculated from the last date the tax could havt beenpaid without penalty if the improvements had been assessed without regard to the
exemptions provided by chapter 84.14 RCW and KCC chapter 3.52, Rppticant
acknowledges that, pursuant to RCW 84.14.110, any addiiional tax owed, together
with interest and penalty, shall become a lien on the Property and attach at the
time the Property or portion of the Property is removed from multifamily housing
use, and that the lien has priority to and must be fully paid and satisfied before a
recognizance, mortgage, judgment, debt, obligation, or responsibility to or with
which the PropertY 1n.y become charged or liable. Applicant fufther acknowledgesthat RCW 84.14.110 provides that any such lien may be foreclosed in the mannerprovided by law for foreclosure of liens for delinquent real property taxes,
c. upon determining that the tax exemption is to be canceled, the
Director shall notify the Applicant, along with any other owner of record, by certifiedrnail, return receipt requested. The Applicant may appeal the determination in
accordance with RCW 84.14.110 and KCC Section 3.25.110.8.
9, Amendments.
No rnodification of this Agreement shall be made unless mutually agreedupon by the parties in writing and unless in compliance with the provision-s of KCCsection 3.25.060.E, including but not limited to Applicant's payment of a fivehundred dollars ($5001 contract amendment fee.
10. Binding Effect.
The provisions, covenants, and conditions contained in this Agreement arebinding upon the parties hereto and their legal heirs, representatives, succ€ssors,assigns, and subsidiaries, and are intended to run with the land.
11, Recording of Aoreement.
The Director shall cause this Agreement to be recorded, at Applicant,s
expense' in the real property records of the King County Department of Records
Multifamily Housing Property Tax
Exemption Agreement
Page 5 of 10
282
and Elections, along with any other documents as will identify such terms and
conditions of eligibility for exemption as the Director deems appropriate for
recording,
L2. Audits and Inspection of Records,
Applicant understands and agrees that City has the right to audit or review
appropriate records to assure compliance with this Agreement and KCC Chapter
3.52 and to perform evaluations of the effectiveness of the rnultifamily housing
propefty tax exemption program, Applicant agrees to make appropriate records
available for review or audit upon seven (7) days'written notice by City.
13, No$ces.
All notices to be given pursuant to this Agreement shall be in writing and shall
be deemed given when hand-delivered within normal business hours, when actually
received by facsimile transmission, or two business days after having been mailed,
postage prepaid, to the parties hereto at the addresses set forth below, or to such
other place as a party may from time to time designate in writing.
APPLICANT:
Phone:
Attention:
Fax:
*1tt {,5
1CITY: City of Kent
Economlc and Community Development
220 Fourth Avenue South
Kent, WA 98032
Phone: (253) 856-5454 Fax: (253) 856-6454
Attention: Director
L4. Severabilitv.
In the event that any term or clause of this Agreement conflicts with
applicable law, such conflict shall not affect other terms of this Agreement that can
be given effect wlthout the conflicting terms or clause, and to this end, the terms of
the Agreement are declared to be severable.
Multifamily Housing Property Tax
Exemption Agreement
Page 6 of 10
283
By:
Its:
Date
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates indicated below.
CITY OF KETT APPLIGAi{T;
Suzq$e Cooke -,
Its:e.{ -
Date:o
Clty Attorney
Multifamily Housing Property Tax
Exemptlon Agreement
APPR,OVED AS TO FOR,I{:
Pago 7 of 10
284
STATE OF WASHINGTON
COUNfi OF KING
I certify that I know or have satisfactory evidence that Suzrtte Cookc is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the ilayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated
Multifamily Housing Property Tax
Exemption Agreement
ss.
-Notary Seal MustAgpedr Wkhin This 9ox'
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of lVashington, resiciing al
My appointment expires
Page I of 10
285
STATE OF WASHINGTON
_ tnohorn,'s hCOUNTY OF ffiI -
I certify that I know or have satisfactory evidence that
ls the person who appeared before me, and said person
that (he/she) signed this
voluntary act for the uses
instrument and acknowledged it to be (hls/her) free and
and purposes mentloned in the instru ment.
Dated 2ot
P lciuiFfBvSpsn F'ls[€{&Es!1frc.Co-Gsqd 20t 1v{u!&Fanity rh@ng pmrdy Tsr E)en4$@ A0retrd f€rpbre doe
Multifamlly Housing property Tax
Exemptlon Agreement
)
)
)
ss
Notary publlc
Slate of Wa!hington
ROBINMCNEELY
My Appointment Exptrer Nov g. ZOlA
-Nobry Seal l,lust Appear Withtn This fux-
IN WITNESS WI'IEREOF, I have hereunto set my hand and official seal theday and year first above written.
of Washington, residing at
My appointment exptres
NOTARY PUBLIC, in and for the State
(Signature)
Page I of 10
286
II U LTIFAIIILY HOUSIilG PROPERTY
TA)( EXEIIPTION ACREEIIIENT
EXHIBIT 1
LECAL DESCRIPTION
GUIBERSONS ADD TO KENT W 8 FT OF 3 & ALL 4 TGW S 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 3
GUIBERSONS ADD TO KENT E 64 FT TGW S 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 3
GUIBERSONS ADD TO KENT 1 & W 19 FT OF 2 TGW N 1/2 VAC ALLEY ADJ
PLat Block: 3
Plat Lot: 1-2
Multifamily Housing Property Tax
Exemption Agreement
Page 10 of 10
287
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FOOTPRINT
29,736 SF
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(+.
289
Agenda Item: Consent Calendar – 7G_
TO: City Council
DATE: November 21, 2017
SUBJECT: Emergency Management Performance Grant from the Washington
Military Department – Authorize
SUMMARY: The Kent Office of Emergency Management applied for and received a
grant in the amount of $70,697 from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security.
The purpose of the grant is to assist with the enhancement, sustainment and
improvement of state, local, and tribal emergency management programs. Activities
conducted using grant funds should relate directly to the five elements of emergency
management: prevention, protection, response, recovery, and mitigation.
The program areas that will benefit from these grant funds include: public
education/community training, Community Emergency Response Team, Kent
Communication Support Team, Crisis Communications and Information, community
events, operational communication, exercises/testing/training, school
exercises/trainings/professional development, planning, upgrades/improvements,
public information and warning, hazard mitigation, marketing and information support,
Office of Emergency Management vehicles, and for the Local Emergency Planning
Committee.
EXHIBITS: Grant Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Boyce, Ralph, Thomas NAY: N/A
BUDGET IMPACTS: No impact, this is a pass through grant.
MOTION: Authorize the Mayor to accept the Emergency Management
Performance Grant from the Washington Military Department/Emergency
Management Division and the U.S. Department of Homeland Security, in
the amount of $70,697, sign all necessary grant documents, amend the
budget, and authorize expenditure of the funds in accordance with final
grant terms and conditions acceptable to the City Attorney.
This page intentionally left blank.
DHS-FEMA-EMPG-FY 17 Page 1 of 35 City of Kent EMD, E18-099
Form 05/12/2015
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: City of Kent Emergency Management Division 24611 116th Ave SE Kent, WA 98030-4939
2. Grant Agreement Amount:
$70,697
3. Grant Agreement Number:
E18-099
4. Subrecipient Contact, phone/email:
Jennifer Keizer, (253) 856-4342
jdkeizer@pugetsoundfire.org
5. Grant Agreement Start Date:
June 1, 2017
6. Grant Agreement End Date:
August 31, 2018
7. Department Contact, phone/email:
Gary Stumph, (253) 512-7483
gary.stumph@mil.wa.gov
8. Data Universal Numbering System (DUNS):
020253613
9. UBI # (state revenue):
173-000-002
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMS-2017-EP-00004-S01
12. Federal Award Date:
08/24/2017
13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
97.042 (17EMPG)
14. Total Federal Amount #:
$7,306,624
15. Program Index # & OBJ/SUB-OBJ:
773PT NZ
16. TIN:
N/A
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 11, 33, 47
(BY CONGRESSIONAL DISTRICT): 8, 9
18. Service Area by County(ies):
King
19. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
20. Agreement Classification
Personal Services Client Services X Public/Local Gov’t
Research/Development A/E Other_______
21. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34) Interagency
22. Subrecipient Selection Process: X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO
23. Subrecipient Type (check all that apply)
Private Organization/Individual For-Profit X Public Organization/Jurisdiction Non-Profit
CONTRACTOR X SUBRECIPIENT OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2017 Emergency Management Performance Grant (17EMPG) is to provide U.S. Department of
Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes
with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those
programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 17EMPG Award EMS-2017-EP-00004-S01, which is incorporated in
and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhib it C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly r eferenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Dan Swisher, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
(Signature on file 9/12/2017)
Brian E. Buchholz, Sr. Assistant Attorney General
FOR THE SUBRECIPIENT:
_____________________________________________
Signature Date
Suzette Cooke, Mayor
_____________________________________________
Signature Date
Matthew Morris, Fire Chief
APPROVED AS TO FORM (if applicable):
_____________________________________________
Applicant’s Legal Review Date
DHS-FEMA-EMPG-FY 17 Page 2 of 35 City of Kent EMD, E18-099
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT
Name Jennifer Keizer Name Gary Stumph
Title EM Specialist Title Program Coordinator
E-Mail jdkeizer@pugetsoundfire.org E-Mail gary.stumph@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7483
Name Matthew Morris Name Tirzah Kincheloe
Title Fire Chief Title Program Manager
E-Mail mlmorris@pugetsoundfire.org E-Mail tirzah.kincheloe@mil.wa.gov
Phone 253-856-4311 Phone 253-512-7456
Name John Madson Name Dalton Gamboa
Title Division Chief - Emergency
Management Title Program Assistant
E-Mail jmadson@pugetsoundfire.org E-Mail dalton.gamboa@mil.wa.gov
Phone 253-856-4316 Phone 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 17EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of the “Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year (FY) 2017 Emergency Management Performance Grant (EMPG)” document, the DHS Award Letter for
Grant No. EMS-2017-EP-00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all
of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 17EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 17EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient to comply with all applicable state
and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 17EMPG Program, including, but not
DHS-FEMA-EMPG-FY 17 Page 3 of 35 City of Kent EMD, E18-099
limited to, all criteria, restrictions, and requirements of the “Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year
2017 Emergency Management Performance Grant (EMPG)” document, the DHS
Award Letter for Grant No. EMS-2017-EP-00004-S01 in Attachment 1, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
17EMPG federal award funds provided to its subrecipient are used in
accordance with applicable federal and state statutes and regulations, and the
terms and conditions of the federal award set forth in Attachment 1 of this
Agreement.
2. BUDGET & REIMBURSEMENT
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs. The Subrecipient’s actual indirect cost rate may vary from the approved
rate, but must not exceed the approved negotiated indirect cost rate percentage for the
time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis
rate, but did not charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel for approval
with an explanation for the change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn’t substantial
enough, the Subrecipient should request prior written approval from Department Key
Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs
on the next scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with recor d retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement and must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for Department
DHS-FEMA-EMPG-FY 17 Page 4 of 35 City of Kent EMD, E18-099
review and consideration, and can be granted or denied within the Department’s sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including, but not limited to, those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose. The Subrecipient may be required to demonstrate
and document that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training and Exercise requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http://mil.wa.gov/emergency-
management-division/grants/requiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State’s annual capabilities assessment for the
State Preparedness Report.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 – 200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314
for management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contract, subrecipient grant agreement, or other means of
legal transfer of ownership is in place.
DHS-FEMA-EMPG-FY 17 Page 5 of 35 City of Kent EMD, E18-099
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient’s inventory system.
iii. Inventory system records shall include:
A. description of the property
B. manufacturer’s serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number (FAIN)
D. Catalog of Federal Domestic Assistance (CFDA) number
E. who holds the title
F. acquisition date
G. cost of the equipment and the percentage of federal participation in the cost
H. location, use and condition of the equipment at the date the information
was reported
I. disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft
shall be investigated and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return.
A. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a
federal award are no longer needed for the original project or program or
for other activities currently or previously supported by a federal awarding
agency, the Subrecipient must comply with the following procedures:
B. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
DHS-FEMA-EMPG-FY 17 Page 6 of 35 City of Kent EMD, E18-099
For Equipment:
1) Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, or otherwise disposed of with no further obligation
to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2)
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized-
equipment-list. It is important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program, and includes items that may
not be categorized as equipment according to the federal, state, local, and tribal definitions
of equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. The Subrecipient must pass on equipment and supply management requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/office-environmental-planning-and-historic-preservation,
all of which are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment,
including, but not limited to, construction of communication towers; modification or
renovation of existing buildings, structures and facilities; or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also require a DHS/FEMA EHP review before
project initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY 17 Page 7 of 35 City of Kent EMD, E18-099
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.9.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department’s monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the “2 CFR Part 200 Subpart F Audit
Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii. monitoring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, e-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
DHS-FEMA-EMPG-FY 17 Page 8 of 35 City of Kent EMD, E18-099
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive Federal Fiscal Year 2017 federal preparedness funding, to include
EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in
progress toward completion. NIMS Implementation Objectives are located at
https://www.fema.gov/media-library/assets/documents/130743.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist
state, local, and tribal governments to enhance and sustain all-hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency
Management Act (6 U.S.C. § 762).
2. A portion of the 17EMPG is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and
enhance emergency management capabilities pursuant to Washington Administrative Code
(WAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs
5. The Subrecipient shall provide a fifty percent match of $70,697 of non-federal origin. To meet
matching requirements, the Subrecipient cash matching contributions must be considered
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An
DHS-FEMA-EMPG-FY 17 Page 9 of 35 City of Kent EMD, E18-099
appropriate mechanism must be in place to capture, track, and document matching funds. In the
final report, the Subrecipient shall identify how the match was met and documented.
6. All personnel funded in any part through federal award or matching funds under this Agr eement
shall:
a. participate in no less than three exercises in a 12-month period. The Subrecipient will
report exercise participation along with the final report;
b. complete and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
https://www.fema.gov/pdf/emergency/nims/nims_training_program.pdf (to include ICS
100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training
course completion by individual personnel along with the final report; and
c. complete either (1) the FEMA Professional Development Series IS 120, IS 230, IS 235, IS
240, IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic
Academy. The Subrecipient will report training course completion by individual personnel
along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 17EMPG program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2017-EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1.
DHS-FEMA-EMPG-FY 17 Page 10 of 35 City of Kent EMD, E18-099
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a subrecipient
under this Agreement.
c. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “subrecipient” is the same as in 2 CFR 200.93
for all other purposes.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
DHS-FEMA-EMPG-FY 17 Page 11 of 35 City of Kent EMD, E18-099
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into, and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
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State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318
General procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
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40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
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13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans and documents,
and require the Subrecipient to make changes to bring its plans and documents into compliance
with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure
that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's r esponsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
DHS-FEMA-EMPG-FY 17 Page 15 of 35 City of Kent EMD, E18-099
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alt er, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
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A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspe cted
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purpos es of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
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The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year
of federal funds from all sources, direct and indirect, are required to have a single or a program -specific
audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
$750,000 a year in federal awards are exempt from federal audit requirements for that year, except as
noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means
a State, local government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its corrective action plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a completed “2 CFR Part 200 Subpart F Audit Certification Form”
(https://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms) to the Department
at the address listed above identifying this Agreement and explaining the criteria for exemption no later
than nine (9) months after the end of the Subrecipient’s fiscal year(s).
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The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees a re
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incur ring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
DHS-FEMA-EMPG-FY 17 Page 19 of 35 City of Kent EMD, E18-099
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
“Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agr eement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
DHS-FEMA-EMPG-FY 17 Page 20 of 35 City of Kent EMD, E18-099
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY 17 Page 21 of 35 City of Kent EMD, E18-099
Exhibit C
WORK PLAN
FY 2017 Emergency Management Performance Grant
DHS-FEMA-EMPG-FY 17 Page 22 of 35 City of Kent EMD, E18-099
DHS-FEMA-EMPG-FY 17 Page 23 of 35 City of Kent EMD, E18-099
Exhibit D
TIMELINE
FY 2017 Emergency Management Performance Grant
DATE TASK
June 1, 2017 Grant Agreement Start Date
May 31, 2018 Submit reimbursement request
July 31, 2018 Submit reimbursement request
August 31, 2018 Grant Agreement End Date
October 15, 2018 Submit final reimbursement request, final report, Training and
Exercise Requirement report, and/or other deliverables.
DHS-FEMA-EMPG-FY 17 Page 24 of 35 City of Kent EMD, E18-099
Exhibit E
BUDGET
FY 2017 Emergency Management Performance Grant
17EMPG AWARD 70,697.00$
SOLUTION
AREA CATEGORY EMPG AMOUNT Match AMOUNT
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Salaries & Benefits -$ 70,697$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services 23,500$ -$
Travel/Per Diem -$ -$
Subtotal 23,500$ 70,697$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Salaries & Benefits -$ -$
Overtime/Backfill 3,000$ -$
Consultants/Contractors 4,397$ -$
Goods & Services 800$ -$
Travel/Per Diem 3,500$ -$
Subtotal 11,697$ -$
Equipment 35,500$ -$
Subtotal 35,500$ -$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Subtotal -$ -$
Indirect -$ -$
Indirect Cost Rate on file 0%
TOTAL Grant Agreement AMOUNT:70,697$ 70,697$
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• The Subrecipient will provide a match of $70,697 of non-federal origin, 50% of the total project cost (Local budget plus
EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed
without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 773PT – EMPG
DHS-FEMA-EMPG-FY 17 Page 25 of 35 City of Kent EMD, E18-099
Attachment 1
17EMPG Award Document
EMS-2017-EP-00004-S01
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Agenda Item: Consent Calendar – 7H_
TO: City Council
DATE: November 21, 2017
SUBJECT: Contract Renewals for Medical, Dental, Vision, Basic Life, Voluntary Life,
and Long Term Disability Insurance – Authorize
SUMMARY: The City of Kent contracts with Premera Blue Cross, Delta Dental of
Washington and Vision Service Plan, to be third party administrators to process
medical, dental, and vision claims, and provide access to their networks of doctors,
hospitals, dentists, optometrists and ophthalmologists. The City is self-insured for
these programs and wires funds to cover the weekly claims cost for medical,
prescription, dental, and vision expenses. The City also contracts with Kaiser
Permanente for the City’s insured health maintenance organization. After conducting
separate request for proposal processes for each of these services, staff recommends
renewal of these contracts with the current vendors.
After holding a request for proposal process, and discussions with the City’s
Healthcare Board, staff recommends a move from our current vendor for long-term
disability services and basic life, AD&D and voluntary life insurance to Cigna.
Although all core contract terms have been resolved with these providers, the City and
the providers are still in the process of winding up final contract language. These
vendors also have their own lengthy internal approval process, so authorization is
sought now to get approval for next year’s budget cycle.
EXHIBITS: Memo to the Operations Committee
RECOMMENDED BY: Operations Committee
YEA: Boyce, Ralph, Thomas NAY: N/A
BUDGET IMPACTS: Premera - $1,345,000 for a three year contract; Delta Dental -
$165,330 for a three year contract; Vision Service Plan - $56,100 for a three year
contract; Kaiser Permanente - $420,000 for a one year contract; and Cigna -
$705,000 for a three year contract.
MOTION: Authorize the Mayor to approve renewal of the City’s contracts
for medical, vision, and dental benefits with Premera, Vision Service Plan
(VSP), and Delta Dental for three years, and Kaiser Permanente (formerly
Group Health) for one year, and to approve switching from Standard
Insurance to Cigna for a new 3-year contract for Basic Life, Voluntary Life,
and Long Term Disability insurance, subject to approval of final terms and
conditions by the Human Resources Director and the City Attorney.
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HUMAN RESOURCES DEPARTMENT
Marty Fisher, Director
Phone: 253-856-5270
Fax: 253-856-6270
Address: 400 West Gowe
Kent, WA 98032-5895
DATE: November 7, 2017
TO: Operations Committee
FROM: Laura Horea, HR Benefits Manager
SUBJECT: Medical, Dental, Vision, Basic Life, Voluntary Life, and Long Term
Disability Insurance Vendor Contracts
SUMMARY: The Benefits Division of the Human Resources Department conducted
separate Request for Proposal processes for 1) Medical, dental, and vision
insurance, and 2) Basic Life and Accidental Death & Dismemberment (AD&D),
Voluntary Life and Long Term Disability insurance between April and August 2017.
All bids were reviewed by the Human Resources Director, the Benefits Manager,
and discussed with members of the City’s Healthcare Board.
Medical, dental, and vision insurance bids were received from Premera, Aetna,
HMA, Regence, Kaiser Permanente (formerly Group Health), Delta Dental, and
Vision Service Plan (VSP). United Healthcare declined participation.
Our current providers, Premera, Delta Dental, and VSP are recommended to renew
for additional three-year contracts and Kaiser Permanente for a one-year renewal,
based on the strength of their plans, overall costs, customer service, discounts, and
overall administration and billing accuracy.
Basic Life and AD&D, Voluntary Life and Long Term Disability insurance bids were
received from our current vendor, Standard Insurance, and also from Cigna and
Mutual of Omaha.
The recommendation is to move from our current vendor, Standard Insurance, to
Cigna for long-term disability services, basic life insurance, AD&D, and employee
and dependent voluntary life insurance for the following reasons:
Savings of approximately $100k per year in each of the three years of the
proposed new contract; and
Increase in employee basic life insurance coverage from 1 x salary up to
$50,000 to 1 x salary up to $150,000.
Employees will have the opportunity to purchase additional voluntary life
insurance for themselves and their family members at a significantly lower
rate than is available through Standard.
Staff has received excellent feedback regarding Cigna from current customers
about their billing accuracy, systems, overall administration, and customer service.
Locally the City of Kirkland just moved to Cigna for these services.
All other contract features are identical to our current offering from Standard.
Agenda Item: Consent Calendar – 7I_
TO: City Council
DATE: November 21, 2017
SUBJECT: Consolidating Budget Adjustment Ordinance for Third Quarter of 2017 –
Adopt
SUMMARY: Adjustments totaling $1,620,760 have previously been approved by
Council and are summarized as follows:
$1,620,760 in grants for:
$782,200 Highway Safety Improvement Program (HSIP) Grant for the Valley
Signal System Project
$750,000 Transportation Improvement Board (TIB) grant for South 224th
Street Project
$50,000 CSEC Grant for CSEC (Commercially Sexually Exploited Children)
Taskforce Support
$36,560 King County Sheriff Grant for the WASPC Sex Offender Program
$1,000 Police Mini Grant for Heroes & Helpers Program
$1,000 WASPC grant for safety equipment
Adjustments totaling $1,497,000 have not been previously approved by Council.
Highlights include:
$750,000 transfer from the General Fund to the Health Care/Benefits Fund
to cover additional medical claim costs
$300,000 in additional Criminal Justice budget for contracting bed space at
other prison facilities
$387,000 for various police equipment, including an evidence tracking
system, drying cabinet, firing range baffle support, handgun
flashlight/holsters, rifle suppressors, and a utility bucket truck.
$60,000 to increase the marketing budget paid from lodging tax revenues,
as approved by the Lodging Tax Advisory Board
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Boyce, Ralph, Thomas NAY: N/A
BUDGET IMPACTS: These expenditures are funded by grants, existing fund balance,
or other new revenues
MOTION: Adopt Ordinance No. ____, approving the consolidating budget
adjustments made between July 1, 2017 and September 30, 2017, reflecting
an overall budget increase of $3,117,760.
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
July 1, 2017 and September 30, 2017, reflecting
an overall budget increase of $3,117,760.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2017-2018 biennial
budget is amended to include budget fund adjustments for the third
quarter of 2017 from July 1 to September 30, 2017, as summarized and
set forth in Exhibit “A,” which is attached and incorporated into this
ordinance. Except as amended by this ordinance, all terms and provisions
of the 2017-2018 biennial budget Ordinance No. 4230, as amended by
Ordinance Nos. 4245 and 4251 shall remain unchanged.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
1 2017-2018 Budget Adjustment
Third Quarter 2017
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force five days after publication, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
P:\Civil\Ordinance\Budget Adjustment Ordinance Q3 2017 Supp.docx
2 2017-2018 Budget Adjustment
Third Quarter 2017
Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
General Fund 750,000 750,000
Lodging Tax Fund - 60,000 60,000
Criminal Justice Fund 88,560 687,000 775,560
Street Capital Projects Fund 1,532,200 - 1,532,200
Total 1,620,760 1,497,000 3,117,760
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments July 1, 2017 to September 30, 2017
Approval
Date or
Other Fund
Previously
Approved by
Council
Not
Previously
Approved by
Council
Total
Adjustment
Ordinance
General Fund
Transfer out to Health Care/Benefits Fund 750,000 750,000
Total General Fund - 750,000 750,000
Lodging Tax Fund
LTAC Budget Adj.60,000 60,000
Total Lodging Tax Fund - 60,000 60,000
Criminal Justice Fund
2017 CSEC Grant KCC 3.70 50,000 50,000
King County Sheriff Grant KCC 3.70 36,560 36,560
Pol Mini Grant-Heros&Helpers KCC 3.70 1,000 1,000
WASPC Safety Equip.KCC 3.70 1,000 1,000
Drying Cabinet & Refrig 34,000 34,000
EvidenceOnQ Equip 15,000 15,000
EvidenceOnQ Hardware 10,400 10,400
EvidenceOnQ Services 28,000 28,000
EvidenceOnQ Software 37,600 37,600
Firing Range Baffle Supp 20,000 20,000
Handgun flashlight/holster 42,000 42,000
Rifle Suppressors 135,000 135,000
Utility Bucket Truck 65,000 65,000
Contract for bed space at other facilities 300,000 300,000
Total Criminal Justice Fund 88,560 687,000 775,560
Street Capital Projects
HSIP Federal Grant 6/6/2017 782,200 782,200
TIB Grant 9/5/17 9/5/2017 750,000 750,000
Total Street Capital Projects Fund 1,532,200 - 1,532,200
Grand Total All Funds 1,620,760 1,497,000 3,117,760
Budget Adjustment Detail for Budget Changes
July 1, 2017 to September 30, 2017
Agenda Item: Consent Calendar – 7J_
TO: City Council
DATE: November 21, 2017
SUBJECT: Write-Off Uncollectable Accounts – Authorize
SUMMARY: The accounts receivable balance as of 10/31/17 was $3,751,969.58
and the requested write-off represents 4% of the balance. $28,602.57 of the
requested write-off consists of interest and finance charges.
Of the $150,006.24: $3,000 represents unpaid violations and fines; $9,054.59 is
for miscellaneous permits, tax and license fees; $111,020.83 is for Parks fees and
golf operations tenant debt; and the remaining $26,930.82 is comprised of
miscellaneous Public Works repairs and services, all from 2007 through 2016.
EXHIBITS: 2017 Write-offs Summary
RECOMMENDED BY: Operations Committee
YEA: Boyce, Ralph, Thomas NAY: N/A
BUDGET IMPACTS: There is no budget impact as a result of this motion as these
accounts have already been fully reserved as doubtful accounts and are not included
in the net accounts receivable amount.
MOTION: Authorize the Mayor to write-off uncollectable accounts owed to
the City in the amount of $150,006.24, subject to final approval of the
Finance Director and City Attorney.
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Misc. Accounts Receivables Write-offs:
Year:Summary:Amount:Services, Fines & Fees:
2012-2014 Code Violations & Fines - uncollectable 3,000.00 Violaitons & Bankruptcy discharged
2013 Fire Permits - ARMI Collections - uncollectable 1,432.59 Permits / Closed Businesses
2013 Licenses, Taxes & Fees - uncollectable 461.26 Various uncollectable fees
2007 - 2009 Misc. Permits - ARMI Collections - uncollectable 7,160.74 Permit Fees
2013-2015 Parks/Golf Operations - ARMI Collections 98,653.21 Tenant Rent/Utilities/Penalties
2013-2016 Parks - Programs & Golf Operations- uncollectable 12,367.62 Program fee & Golf Rent Abatement
2012-2013 Public Works - ARMI Collections 26,930.82 Damage Repairs & Misc. Services
2017 WRITE-OFFS:$150,006.24
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Agenda Item: Consent Calendar – 7K_
TO: City Council
DATE: November 21, 2017
SUBJECT: 2017 Third Quarter Fee-In-Lieu Funds – Authorize
SUMMARY: Between July and September 2017 the city of Kent received a total of
$4,233.00 from the following developer, who voluntarily paid a fee in lieu of
dedicating park land to mitigate the development of homes in the local subdivision.
These funds will be held in a reserve account for capital improvements at Service
Club Ballfields Park and must be expended within five years.
•Schneider Family Homes: subdivision into 21 lots in the 27800 block of 152nd
Avenue SE; $4,233 at Service Club Ballfields Park
EXHIBIT: Copy of Revenue Report
RECOMMENDED BY: Parks and Human Services Committee
YEA: Budell, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: Revenue and expense impact of $4,233.00 to the Community
Park Reinvestment Program budget.
MOTION: Authorize the Mayor to accept $4,233 of fee-in-lieu funds, amend
the Community Parks Reinvestment Program budget, and authorize the
future expenditure of these funds for capital improvements at Service Club
Ballfields Park.
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R55GA014 10/5/2017 13:59:19Search GL by Account Number
Page: 19/30/20177/1/2017 -GL Dates:
Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number
1771208/28/2017 P408166 P20006.56730 (4,233.00)820077 Schneider Family HomesJK AA
(4,233.00)Account Total
(4,233.00)Report Total
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Agenda Item: Consent Calendar – 7L_
TO: City Council
DATE: November 21, 2017
SUBJECT: Amendment to King County Conservation Futures Interlocal Agreement
– Authorize
SUMMARY: On July 18, 2016, the King County Council passed Ordinance 18319,
which appropriated a total of $150,000 in Conservation Futures Levy proceeds to
the City of Kent for the Clark Lake Acquisition – Walla Property project. On
December 12, 2016, the King County Council passed Ordinance 18430, authorizing
King County Executive to enter into an Interlocal agreement with the City of Kent
for the distribution of funds appropriated in Ordinance 18319.
The Walla property is a 5.5-acre parcel that was acquired by the City in 2016.
EXHIBITS: 1991 Interlocal Agreement, Ordinances 18319 and 18430, and
Amendment Q
RECOMMENDED BY: Parks and Human Services Committee
YEA: Budell, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: Revenue and expense will impact the Parks Land Acquisition
capital budget.
MOTION: Authorize the Mayor to sign amendment “Q” to the King County
Conservation Futures Interlocal Cooperation Agreement, for funds in the
amount $150,000, to be used toward the purchase of the Walla property at
Clark Lake, subject to final terms and conditions acceptable to the City
Attorney and Parks Director.
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Amendment Q
CFT Interlocal Amendment Kent - King County
Clark Lake
1
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and
certain suburban cities. This amendment is entered into to provide for the allocation of
additional funds made available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF KENT and KING
COUNTY, and amends and attaches to and is part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties on the 29th day of January,
1991, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article I. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures
Levy Fund allocation for the Clark Lake Acquisition, and hereafter reads:
• On July 18, 2016 the King County Council passed Ordinance 18319, which
appropriated a total of One Hundred Fifty Thousand Dollars ($150,000) in
Conservation Futures Levy proceeds to the City of Kent for the Clark Lake
acquisition Project. On December 12, 2016 the King County Council passed
Ordinance 18430, authorizing the King County Executive to enter into interlocal
agreements with the City of Kent for the disbursement of Conservation Futures
Funds appropriated in Ordinance 18319.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment Q, which lists a 2016
Conservation Futures Levy Allocation for the Clark Lake Acquisition
project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment Q,
which lists a 2016 Conservation Futures Levy proceeds allocation for the Clark Lake
Acquisition Project:
Amendment Q
CFT Interlocal Amendment Kent - King County
Clark Lake
2
Subject to the terms of this agreement, the County will provide
Conservation Futures Levy Funds in the amounts shown in Attachments A
through Q, to be used for the Projects listed in Attachments A through Q.
The City may request additional funds; however, the County has no
obligation to provide funds to the City for the Projects in excess of the
total amounts shown in Attachments A through Q. The County assumes
no obligation for the future support of the Projects described herein except
as expressly set forth in this agreement.
Amendment 4: Attachment Q
The Attachments to the interlocal agreement are hereby amended by adding Attachment
Q, which is hereby attached to the interlocal agreement, incorporated therein and made a
part thereof.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF ________
____________________________ ________________________
Dow Constantine
King County Executive Mayor
Date: _________________ Date: _________________
Acting under the authority of Acting under the authority of
Ordinance ______ Ordinance ______
Approved as to form: Approved as to form:
____________________________ ________________________
Dan Satterberg
King County Prosecuting Attorney City Attorney
Amendment Q
CFT Interlocal Amendment Kent - King County
Clark Lake
3
ATTACHMENT Q
2016 CONSERVATION FUTURES LEVY
CITY OF KENT ALLOCATION
Jurisdiction Project Allocation
Kent Clark Lake $150,000
TOTAL $150,000
Project Description:
1126727 Kent – Clark Lake
2016: $150,000 is reallocated to this project from other uncompleted CFT projects to
meet an acquisition funding shortfall to complete the purchase of the 5.5-acre Walla
property, one of the last inholdings in Clark Lake Park.
City of Kent – Clark Lake $150,000
KING COUNTY 1200 King County Courthouse
5 l6 Third Avenue
Seattle, WA 98104
Küngf.ourty
Signature Report
July 19, 2016
Ordinance 18319
Proposed No.2016-0285.3 Sponsors Upthegrove
AN ORDINANCE making a net supplemental
appropriation of $3,850,000 to various general fund
agencies and $18,539,000 to various non-general fund
agencies artd a net supplemental disappropriation of
($II,724,000) from various capital fund budgets; and
amending the 201 5 120 I 6 Biennial Budget Ordinance,
Ordinance 17 g4I,Sections 17, 20, 23, 23, 32, 33, 3 4, 40,
46, 47,59, 61, 7r, 93,95, 95, 96, 96, gl, 92, 95, 95, 96, gg,
98, 101, 102,103,12I,129 andl29, as amended, and
Ordinance 18239, Attachment A, as amended, and adding a
new section to Ordinance I794I.
BE IT ORDAINED BY THE COLINCIL OF KING COUNTY:
SECTION 1 From the general fund there is hereby appropriated a net total of
$3,850,000 to various general fund agencies.
From non-general funds there are hereby appropriated a net total of$18,539,000
to various non-general fund agencies.
There is hereby disappropriated a net total of ($1 I,724,000) from various capital
fund budgets, amendingthe201512016 Biennial Budget Ordinance, Ordinance 17941.
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Ordinance 18319
19 SECTION 2. Ordinance 17941, Section 17, as amended, is hereby amended as
OFFICE OF THE EXECUTIVE - From the general fund there is hereby
appropriated to:
Office of the executive $O
PI PROVIDED THAT:
Of this appropriation, $50,000 shall not be expended or encumbered until the
executive (( ing)) convenes a special committee on transit
(( )).rhe((ffi
)) committee shall
consist of:
A. The executive or ((his)) the executive's designee; and
B. The chairs of the budget and fiscal management committee, the committee of
the whole and the transportation, economy and environment committee, or their
successofs.
The ((@) members ofthe committee ((te)) may
designate another official representatives to attend any meeting and act on behalf of such
member in carrying out the work of the committee, and ((re$úre-+ha+)) meetings must
include at least the attendance of the executive or the executive's designee and any two
councilmembers or their designees.
The purpose of the committee is to consider public transportation policy issues
and for the members to advise their respective branches thereon. Matters for committee
20 follows:
21,
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24
25
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27
28
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30
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32
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Ordinance 18319
consideration should include, but not be limited to: fund management policies, transit fare
revisions including cashless fare payment, performance measures for different categories
of transit service, minimum service standards on transit corridors and the work of the
transit task force required by section 113, proviso P1, of this ordinance.
SECTION 3. Ordinance 17941, Section 20, as amended, is hereby amended as
follows:
SHERIFF - From the general fund there is hereby appropriated to:
Sheriff $788,000
The maximum number of additional FTEs for sheriff shall be: 3.00
SECTION 4. Ordinance lTg4l,Section 23, asamended, is hereby amended to
read as follows:
OFFICE OF EMERGENCY MANAGEMENT - From the general fund there is
hereby disappropriated from :
Office of emergency management ($100,000)
SECTION 5. The council directs that section 4 of this ordinance takes effect
before section 6 ofthis ordinance.
SECTION 6. Ordinance I794I, Section 23, as amended and as amended by
section 4 of this ordinance, is hereby amended to read as follows:
OFFICE OF EMERGENCY MANAGEMENT - From the general fund there is
hereby appropriated to:
Office of emergency management $100,000
Pl PROVIDED THAT:
3
Ordinance 18319
64 Of this appropriation, $ 1 00,000 shall not be expended or encumbered until the
65 executive transmits two progress reports on accreditation of the King County emergency
66 management program and motions that approve the reports and the motions are passed by
67 the council. The motions shall reference the subject matter, the proviso's ordinance,
68 ordinance section and proviso number in both the title and body of the motion. Upon the
69 passage of each motion, $50,000 is released for expenditure.
70 The reports shall include, but not be limited to the following:
7I A. A work program to achieve accreditation from the Emergency Management
72 Accreditation Program of King County's emergency management program by December
73 2018, including:
74 1. A schedule with major milestones;
75 2. Abudget; and
76 3. A funding source;
77 B. Actual and projected completion of major milestones toward accreditation;
78 and
79 C. Actual and projected expenditures relative to the accreditation budget.
80 The executive must file the first report and motion required by this proviso by
81 ((lv4aü-l)) July 31, 2016, and the second report and motion required by this proviso by
82 December I,2016, in the form of a paper original and an electronic copy with the clerk
83 of the council, who shall retain the original and provide an electronic copy to all
84 councilmembers, the council chief of staff, the policy staff director and the lead staff for
85 the law and justice committee, or its successor.
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Ordinance 18319
86
87 follows:
89
SECTION 7. Ordinance 17941, Section 32, as amended, is hereby amended as
SUPERIOR COURT - From the general fund there is hereby appropriated to:
Superior court $420,000
SECTION 8. Ordinance 1794I, Section 33, as amended, is hereby amended as90
gL follows:
DISTRICT COURT - From the general fund there is hereby disappropriated from:
District court ($544,000)
SECTION 9. Ordinance I794I, Section 34, as amended, is hereby amended as
follows:
ELECTIONS - From the general fund there is hereby appropriated to:
Elections $2,345,000
ERl EXPENDITURE RESTRICTION:
Of this appropriation, $356,000 shall be expended or encumbered solely for costs
associated with the provision of voting materials in additional languages and related
outreach as required by K.C.C. 2.16.136 and2.16.137.
Pl PROVIDED THAT:
Of this appropriation, $500,000 shall not be expended or encumbered until the
director of elections transmits a five-year strategic technology plan for the department of
elections and a motion that approves the plan and the motion is passed by the council.
The motion shall reference the subject matter, the proviso's ordinance, ordinance section
and proviso number in both the title and body of the motion. The plan shall include, but.
not be limited to, a description of anticipated major system replacements, as well as new
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Ordinance 18319
technology projects for 2015 through 2019, with the following elements specified for
each proposed project:
A. Business purpose and functions of system or project;
B. Anticipated cost, including staff and other resource commitments needed;
C. Anticipated business benefits;
D. Overall schedule and implementation target date; and
E. Ongoing operating costs, compared with current, and staffing requirements.
The director of elections must file the plan and motion required by this proviso by
September I,2015, in the form of a paper original and an electronic copy with the clerk
of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the committee of the whole or its successor and the citizens' elections oversight
committee.
P2 PROVIDED FURTHER THAT:
Of this appropriation, $250,000 shall not be expended or encumbered until the
director of elections transmits four semiannual reports on the department's limited
English proficiency outreach efforts and motions that approve each report and the
motions are passed by the council. The motions shall reference the subject matter, the
proviso's ordinance, ordinance section and proviso number in both the title and body of
the motion. Upon transmittal of each repoft, $62,500 shall be released for expenditure.
Each report shall include, but not be limited to, a description of the department's
limited English proficiency outreach efforts detailed in section IV of the report
transmitted to the council by the department in June 2014 (2014-RPT0080) in response to
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Ordinance 183'19
132 Ordinance 17695, Section 33, Proviso P1, as well as goals and outcomes for each of those
133 outreach efforts. The description shall include, but not be limited to, information on the
I34 department's progress relating to the implementation of the elections ambassador
135 program, the development of an instruction brochure about voting and elections that has
136 been translated into Tier 1 and2languages, the development of an online toolkit and the
L37 creation of a mock election program in primary and secondary schools.
138 The director of elections must file the four semiannual reports by June 30,2015,
139 December 3I,2015, June 30, 2016, and September 30, 2016, respectively, and the
I4o motions required by this proviso by those same dates, in the form of a paper original and
14t an electronic copy with the clerk of the council, who shall retain the original and provide
L42 an electronic copy to all councilmembers, the council chief of staff, the policy staff
L43 director and the lead staff for the committee of the whole or its successor and the citizens'
I44 electionsoversightcommittee.
T45 P3 PROVIDED FURTHER THAT:
t46 Of the $356,000 appropriation, restricted by Expenditure Restriction ERl of this
t47 section, $50,000 shall not be expended or encumbered until the director of elections
L48 submits to the council a plan for evaluating the effectiveness of translation and limited
149 English proficiency outreach efforts. The plan shall reference the subject matter, the
150 proviso's ordinance, ordinance section and proviso number. The plan shall include, but
151 not be limited to:
I52 A. The number of ballots received for each language for each primary and
153 general election in the last five years, up to and including the2016 presidential primary;
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Ordinance 18319
B. The number of households with registered voters that received voting
materials in each language for each primary and general election in the last five years, up
to and including the 2016 presidential primary;
C. The number of and value of grants or contracts awarded to nonprofit
organizations to expand outreach efforts in limited English proficiency communities and
the performance measures that orgarrizatíons receiving these awards will utilize to
evaluate the effectiveness oftheir outreach efforts;
D. The number of ambassadors recruited to support limited English proficiency
communities and the performance measures that the department of elections will utilize
to evaluate the effectiveness of the ambassador program; and
E. Explore cost control strategies, including but not be limited to collaboration
with other county agencies and the community, in providing translation services.
The plan required to be submitted by this proviso must be filed by June 30,2016,
in the form of a paper original and an electronic copy with the clerk of the council, who
shall retain the original and provide an electronic copy to all councilmembers, the council
chief of.staff and the lead staff for the govemment, accountability and oversight
committee, or its successor and the lead staff for the budget and fiscal management
committee, or its successor and the citizens' elections oversight committee.
P4 PROVIDED FURTHER THAT:
Of this appropriation, $351,000 shall be expended or encumbered solely for the
one-time provision of thirty-seven new ballot drop boxes, together with three ballot drop
the t of elections to
accordance with the plan approved by Motion 14634. including ((t¡¡¡en+fseven)) thirty-
Ordinance 18319
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three boxes for new ((si+cs)) locations and ((ten)) seven boxes to replace existing boxes at
their current locations, and associated costs including installation of for[¡ new ballot drop
boxes and communication to voters ((
cteetiens transm ion
)) about the expanded
number of ballot drop boxes. The motion shall reference the subject matter, the proviso's
ordinance, ordinance section and proviso number in both the title and body of the motion.
SECTION 10. Ordinance I794I, Section 40, as amended, is hereby amended as
follows:
INTERNAL SUPPORT - From the general fund there is hereby appropriated to:
Internal support $600,000
SECTION 11. Ordinance 17941, Section 46, as amended, is hereby amended as
follows:
CIP GF TRANSFERS - From the general fund there is hereby appropriated to:
CIP GF transfers $59,000
SECTION 12. Ordinance 17941, Section 47 , as amended, is hereby amended as
follows:
JAIL HEALTH SERVICES - From the general fund there is hereby appropriated
to:
Jail health services $182,000
SECTION 13. Ordinance 1794I, Section 58, as amended, is hereby amended as
follows:
9
Ordinance 18319
200 COMMUNITY AND HUMAN SERVICES ADMINISTRATION - FTOM thE
201. community and human services administration fund there is hereby appropriated to:
Community and human services administration202
203
204 follows:
hereby appropriated to:
DBHR - behavioral health
212 illness and drug dependency fund there is hereby appropriated to:
Mental illness and drug dependency fund
ER1 EXPENDITURE RESTRICTION:
213
2\4
$810,000
SECTION 14. Ordinance 17941, Section 61, as amended, is hereby amended as
DBHR - BEHAVIORAL HEALTH - From the behavioral health fund there is205
206
207
208 The maximum number of additional FTEs for DBHR - behavioral health shall be: 8.00
209 SECTION 15. Ordinance I794I, Section 7I, as amended, is hereby amended as
210 follows
21.1.MENTAL ILLNESS AND DRUG DEPENDENCY FLIND - From the mental
$729,000
$2,480,000
215 Of this appropriation. $100.000 shall be transferred to the King County sheriffs
2t6 offrce solely to support outreach services nrovided bv Sound Mental Health for the
2t7 ResponseAwareness.De-escalatron and Referral IRADAR) orosram in the citv of
2tB Shoreline.
2t9 SECTION 16. Ordinance ll94l, Section 83, as amended, is hereby amended as
220 follows
221 PLANNING AND PERMITTING - From the DPER planning and permitting
222 subfund there is hereby appropriated to
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Ordinance 18319
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
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242
243
244
Planning and permitting $100,000
SECTION 17. Ordinance 17941, Section 85, as amended, is hereby amended as
follows:
GENERAL PUBLIC SERVICES - From the DPER general public services
subfund there is hereby disappropriated from:
General public services ($100,000)
SECTION 18. The council directs that section 17 of this ordinance takes effect
before section 19 ofthis ordinance.
SECTION 19. Ordinance 17941, Section 85, as amended and as amended by
section 17 of this ordinance, is hereby amended to read as follows:
GENERAL PUBLIC SERVICES - From the DPER general public services
subfund there is hereby appropriated to:
General public services $100,000
Pl PROVIDED THAT:
Of this appropriation, $250,000 shall not be expended or encumbered until the
executive transmits a report on a completed code enforcement and abatement process
evaluation and a motion that approves the report and the motion is passed by the council.
The motion shall reference the subject matter, the proviso's ordinance, ordinance section
and proviso number in both the title and body of the motion.
The report shall include, but not be limited to:
A. The results of a process evaluation focused on streamlining the code
enforcement and abatement processes, in order to shorten the time from initial complaint
11,
Ordinance 18319
245 through resolution with an emphasis on improving the experience for affected property
246 owners, tenants, and neighbors;
247 B. Identification of process improvements and efficiencies through operational or
248 code changes; and
249 C. Identification of cost savings that can be used to provide code enforcement
250 and abatement services consistent with historic levels.
251 The executive must file the report and motion required by this proviso by October
252 I , 2015 , in the form of a paper original and an electronic copy with the clerk of the
253 council, who shall retain the original and provide an electronic copy to all
254 councilmembers, the council chief of staff, the policy staff director and the lead staff for
255 the transportation, economy and environment committee, or its successor.
256 P2 PROVIDED FURTHER THAT:
257 Of this appropriation, $50,000 shall not be expended or encumbered until the
258 executive adopts an updated public rule for the department of permitting and
259 environmental review financial policies protocol and transmits a report on the rule's
260 implementation and a motion that approves the report and the motion is passed by the
26I council. The motion shall reference the subject matter, the proviso's ordinance, ordinance
262 section and proviso number in both the title and body of the motion.
263 The report shall include, but not be limited to:
264 A. A copy of an updated public rule that supersedes Rule FIN-I1-1-1(PR) dated
265 October 22,2009; and
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Ordinance 18319
266 B. Specifics on how implementation of the updated public rule reflects the
267 department of permitting and environmental review's current organizational structure and
268 fixed fee rate model.
269 The executive must file the report and motion required by this proviso by
270 November I , 2015 , in the form of a paper original and an electronic copy with the clerk
271. of the council, who shall retain the original and provide an electronic copy to all
272 councilmembers, the council chief of staff, the policy staff director and the lead staff for
273 the transportation, economy and environment committee, or its successor.
274 P3 PROVIDED FURTHER THAT:
275 Of this appropriation, $100,000 shall not be expended or encumbered until the
276 executive transmits a report on coordination of septic permitting services by the
277 environmental health services division of Public Health - Seattle & King County ("EHS")
278 and permitting services by the department of permitting and environmental review
279 ("DPER") that have workflow processes affected by septic permitting, a draft ordinance
280 to implement the recommendations of the report and a motion that approves the report
281 and draft ordinance and the motion is passed by the council. The motion shall reference
282 the subject matter, the proviso's ordinance, ordinance section and proviso number in both
283 the title and body of the motion.
284 The report shall be informed by a one-year pilot project in2015 that moves at
285 least one environmental health services septic inspector to DPER's Snoqualmie location
286 as described in section 98, expenditure restriction ERl, of this ordinance. The pilot
287 inspector shall attend DPER permitting staff meetings when doing so would allow the
288 pilot inspector to better understand the DPER permitting process or workload staffing
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Ordinance 18319
289 issues. The pilot inspector shall keep the director of DPER or the director's designee
290 informed of the pilot inspector's work but shall remain under the supervision of EHS.
291 The report shall, at a minimum, include the following:
292 A. A mapping of EHS septic and related DPER permitting workflows;
293 B. A summary of workload and backlog for the past five years, including total
294 and per FTE annual target and actual counts and turnaround times for design reviews and
295 other inspector functions for septic and related DPER permits;
296 C. An identification of intersections and chokepoints where one agency's process
297 affects the other;
298 D. Consideration of cosupervising, collocating and other means of increasing
299 communication and coordination between the agencies;
300 E. Consideration of statutory and code requirements;
301 F. Recommendations for infrastructure and process changes to improve EHS and
302 DPER permitting processes to reduce backlogs, increase efficiency and cross-agency
303 coordination and improve customer service; and
3O4 G. Quantification of the anticipated effect of the recommended changes on
305 permit processing performance and costs of the recommended changes.
306 The draft ordinance shall implement integrated, streamlined permitting operations
307 for DPER and EHS's septic program based on the report recommendations.
308 The executive must file the report, draft ordinance and motion required by this
309 proviso by ((+*a¡30)) June 30, 2076, in the form of a paper original and an electronic
310 copy with the clerk of the council, who shall retain the original and provide an electronic
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Ordinance 18319
copy to all councilmembers, the council chief of staff, the policy staff director and the
lead staff for the law, justice, health and human services committee, or its successor.
SECTION 20. Ordinance 17941, Section 86, as amended, is hereby amended to
read as follows:
COMMUNITY SERVICES OPERATING - From the community services
operating fund there is hereby disappropriated from:
Community services operating ($2,990,580)
SECTION 21. The council directs that section 20 of this ordinance takes effect
before section 22 of this ordinance.
SECTION 22. Ordinance I794I, Section 86, as amended and as amended by
section 20 of this ordinance, is hereby amended to read as follows:
COMMUNITY SERVICES OPERATING - From the community services
operating fund there is hereby appropriated to:
Community services operating $2,990,580
ERl EXPENDITURE RESTRICTION:
Of this appropriation, in 2015,53,126,977 shall be expended solely to contract
with the following:
4Culture $35,000
Abused Deaf Women's Advocacy Services
Alaj awan Brown Foundation
API Chaya
$82,608
$5,000
$45,665
$5,000
$10,000
332 Asian Pacific Islander Community Leadership
333 Atlantic Street Center
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Ordinance'18319
Auburn/Federal Way Boys and Girls Club
Auburn Youth Resources
Ballard Senior Center
Black Diamond Senior Center
City of Burien - Highline Senior Center
City of Enumclaw - County Fair
City of Enumclaw - Senior Services
City of Shoreline - Veterans Memorial
Consejo Counseling and Referral Service
Domestic Abuse'Women's Network (DAWN)
DOVE Project
ELAP/DAWN - South County Attomey Services
Eastside Baby Corner
Eastside Legal Assistance Program (ELAP)
Fall City Community Association
FUSION
Glover Empowering Mentoring
Got Green
GSBA
Harborview Medical Center - Center for Sexual Assault & Traumatic Stress
Highline Historical Society
Hopelink
Hunger Intervention Program
$2,500
$2,500
$20,000
sL6,236
$ 10,655
$10,000
$12,685
$10,000
s97,2r3
$286,974
$25,295
$55,812
$1,000
s66,975
$5,000
$15,000
$5,000
$5,000
$5,000
$129,065
$10,000
$ 13,000
$5,000
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Ordinance 18319
357
3s8
359
ICHS Foundation
Issaquah Senior Center
Kent HOPE
$5,000
$2,000
$5,000
s25,877
s503,729
$67,000
$5,000
$206,289
s5,000
$24,862
$5,000
s28,862
$14,940
$25,369
$56,1 86
$3,500
$ 10,000
$5,000
$2,500
$56,1 86
$5,000
sr4,940
$ 148,381
360 King County Coalition Against Domestic Violence (KCCADV)
361 King County Sexual Assault Resource Center
362 King County Sexual Assault Resource Center - Project 360
363 Korean Community Services Center
364 LifeWire (formerly Eastside Domestic Violence Program)
365 Maple Valley Creative Arts Council
366 Maple Valley Community Center
367 Mary's Place
368 Mount Si Senior Center
369 New Beginnings
37o Northwest Immigrant Rights Project
371 Northwest Network
372 Para Los Niños
373 Project Mister
374 REACH Center of Hope
375 Reachout
376 Refugee Women's Alliance
377 Roots
378 Salvation Army
379 Salvation Army - Men's Homeless Winter Shelter
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Ordinance 18319
SeaTac United
Seattle Community Law Center
Seattle Indian Health Board
Seattle Sports Commission
Seattle Theater Group - Fortune's Bones
Senior Services - Volunteer Transportation (Unincorporated King County)
Si View Metropolitan Parks District - Si View Community Center
Snoqualmie Valley Senior Center
Solid Ground - Broadview Shelter
Solid Ground - Connect Up
Solid Ground - Family Assistance
Southwest Youth & Family Services - New Futures
Team Child
Tenants Union
Thomas Jefferson Raiders Parents Movement
Transitional Resources
Unemployment Law Proj ect
Vashon Maury Senior Center
Vashon PDA
Westside Baby
YV/CA
YV/CA Downtown - Women's Homeless V/inter Shelter
ER2 EXPENDITURE RESTRICTION:
$5,000
$20,295
$56,1 86
$5,000
$5,000
$3,349
$3,000
$33,862
s26,732
$25,000
$50,729
$5,000
s273,989
$40,800
$2,500
$ 1,500
s28,4r4
$24,862
$1,250
$5,000
$225,444
s65,261
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Ordinance 18319
Of this appropriation, in 2016, $((2p90f80)) 2"986.080 shall be expended solely
to contract with the following:
23rd & Cheny Fellowship
Abused Deaf Women's Advocacy Services
API Chaya
Associated Recreation Council
Aubum Communities in Schools
Aubum/Federal Way Boys and Girls Club
Auburn Food Bank
Auburn Rotar)' Scholarship
Auburn Youth Resources
Ballard Senior Center
Bellevue Farmers Market
Bellevue Youth Theater
Black Diamond Senior Center
City of Burien - Highline Senior Center
City of Enumclaw - Senior Services
Consejo Counseling and Referral Service
$8.000
$84,325
s46,614
$5,000
$ 1.000
$ 1.000
$s00
$ 150
$2s0
$20,000
$2.s00
$5.000
sr6,574
$ 10,877
s12,948
s99,234
(
(Qlstriet S eemmunit ))
(Qistriet 6 eemmunit ))
(Cistriet7 eomrnunitys ))
District 8 Community Service Organizations
19
$((+wso)) 250
Ordinance 18319
426 (Qistriet q eemmmiB ))
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
Domestic Abuse Women's Network (DAWN)
DOVE Project
Eastside Heritage Center
Eastside Legal Assistance Program (ELAP)
ELAP/DAWN - South County Attorney Services
Federal Way Communities in Schools
Federal V/ay Lions Club
Food Lifeline
FUSION
Harborview Medical Center - Center for Sexual Assault & Traumatic Stress
Institute for Community Leadership in Kent
King County Coalition Against Domestic Violence (KCCADV)
King County Sexual Assault Resource Center
Lambert House
LifeWire (formerly Eastside Domestic Violence Program)
Maple Valley Community Center
Mount Si Senior Center
Multi Center
New Beginnings
Newcastle Historical Society
Northwest Immigrant Rights Proj ect
Northwest Network
$292,941
s20,l17
$5,000
$((6æ68)) 74^368
s56,973
$ 1"000
$2s0
$s.000
$((2é0e)) 5"000
$ 13 1,748
$s.000
$26,415
s514,203
$s.000
s207,516
s25,379
s25,379
$8so
$ 15,251
$1.000
s25,897
s57,354
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Ordinance 18319
449 Peace on the Streets for Kids on the Streets @SKS)$2.000
$3,000
$57,354
$ 15,251
$ 189,455
s20,717
s57,354
$3,418
$25,379
$27,288
$25,000
$51,784
450
451,
452
453
454
455
456
457
458
459
460
461,
462
463
464
465
466
467
468
469
470
471
Project Mister
Refugee'Women's Alliance
Salvation Army
Salvation Army - Men's Homeless V/inter Shelter
Seattle Com Law Center
Seattle Indian Health Board
Senior Services - Volunteer Transportation (Unincorporated King County)
Snoqualmie Valley Senior Center
Solid Ground - Broadview Shelter
Solid Ground - Connect Up
Solid Ground - Family Assistance
South King County Sports Council
Team Child
Tenants Union
Unemployment Law Proj ect
Vashon Maury Food Bank
Vashon Maury Senior Center
VFW Enumclaw Post 1949
West Seattle Helpline
V/hite Center Food Bank
Youth Theatre Northwest
YV/CA
$((2fee)) 5.000
s279,685
$40,800
$29,004
$2.000
s25,379
$2,500
$2.000
$2.000
$6.s00
$230,1 3 1
21
472
473
474
475
476
477
478
479
480
48t
482
483
484
485
486
487
488
489
490
49t
492
493
494
Ordinance 18319
YV/CA Downtown - Women's Homeless'Winter Shelter $66,618
ER3 EXPENDITURE RESTRICTION:
Of this appropriation, $59,000 shall be spent solely to expand the capacity and
increase the operating hours of the Salvation Army - Men's Homeless V/inter Shelter in
order to provide one hundred beds and eleven shelter hours per night, from 7:00 p.m. to
6:00 a.m., from February 1,2015, through April 15,2015.
ER4 EXPENDITURE RESTRICTION:
Of this appropriation, in 2016, $100,000 shall be expended solely to administer a
competitive grant program to support mentorship services for youth. The department
shall issue a request for proposals, evaluate proposals and award funds based on criteria
defined in Motion 14489.
ER5 EXPENDITURE RESTRICTION:
Of this appropriation,$276,000 shall be expended solely to contract for case
managers, outreach workers and support staff to provide comprehensive advocacy to
youth and their families throughout their contact with the juvenile justice system. This
appropriation is intended to fund four case managers, four outreach workers, and one
support staff for approximately six months.
ER6 EXPENDITURE RESTRICTION:
Of this appropriation, $2,500 shall be transferred solely to the parks and
recreation appropriation unit.
ER7 EXPENDITURE RESTRICTION:
Of this aooropriation. $3"500 shall be transferred solelv to the oarks and
renrcqfinn onnrnnriafinn rrnif qnrl chqll hc
22
Ão11 sol ol.t for the Fairwood 50 even +
Ordinance 18319
495 ER8 EXPENDITURE RESTRICTION
Of this aonrooriation- S1.000 shall be transfened solelv to the Kins Countv
497 Sheriffs Office Foundation and shall be expended solely by the Badges and Barbells
496
498 V/eiehtliftine Club.
499
s00
501
502
s03
504
505
506
507
508
509
510
511
512
513
51.4
515
516
517
Pl PROVIDED THAT:
Of this appropriation, $50,000 shall not be expended or encumbered until the
executive transmits a report on the King County men's winter shelter and a motion that
approves the report and the motion is passed by the council. The motion shall reference
the subject matter, the proviso's ordinance, ordinance section and proviso number in both
the title and body of the motion.
The report shall provide an update on the status of the King County men's winter
shelter and plans for winter 2015-2016. The report shall include, but not be limited to:
A. A summary of usage of the King County men's winter shelter for winter 2014-
2015, with the average number of those accommodated and tumed away by week;
B. An analysis of potential alternative locations for a men's winter shelter that
could accommodate between fifty and one hundred single adult men who are
experiencing homelessness. The analysis should compare the winter shelter's current
location in the King County administration building with other potential locations in or
near the downtown Seattle area. The analysis of potential locations should include for
each potential location:
1. Bed capacity;
2. Locatian for men to queue while awaiting the shelter's opening each night,
noting potential locations that could offer a covered waiting area;
23
Ordinance 18319
3. Hours of availability each night;
4. Months of availability each winter;
5. Ability to store mats, bedding and other shelter supplies;
6. Ability to launder bedding and shelter supplies; and
7. Estimated cost for rent, security, utilities and other site-related expenses
based on an analysis offifty beds and one hundred beds for:
a.(1) eight hours per night;
(2) nine and one-half hours per night; and
(3) eleven hours per night; and
b.(1) six and one-half months of service, for October 15 through April 30;
(2) seven and one-half months of service, for October 15 through May 31 ;
(3) nine months of service, for October 1 through June 30; and
(4) a full year ofservice; and
C. A description of potential opportunities for coordination with the city of
Seattle to secure a new shelter location, to expand an existing shelter location or to
provide services that would replace the need for emergency shelter.
The executive must file the report and motion required by this proviso by June 30,
2015, in the form of a paper original and an electronic copy with the clerk of the council,
who shall retain the original and provide an electronic copy to all councilmembers, the
council chief of staff, the policy staff director and the lead staff for the law, justice, health
and human services committee, or its successor.
SECTION 23. Ordinance 17941, Section 91, as amended, is hereby amended as
5L8
5L9
520
52r
522
s23
524
525
526
527
s28
529
530
531
532
s33
534
53s
s36
537
s38
539
540 follows:
24
Ordinance 18319
54r PARKS OPEN SPACE AND TRAILS LEVY - From the parks, recreation and
542 open space fund there is hereby appropriated to:
Parks open space and trails levy $280,000
SECTION 24. Ordinance 17941, Section 92, as amended, is hereby amended as
follows
HISTORIC PRESERVATION PROGRAM - From the historical preservation and
historical programs fund there is hereby appropriated to:
Historic preservation pro gram $65,000
SECTION 25. Ordinance I794I, Section 95, as amended, is hereby amended as
follows:
PUBLIC HEALTH - From the public health fund there is hereby disappropriated
from:
Public health ($1,440,000)
SECTION 26.The council directs that section 25 of this ordinance takes effect
before section 27 of this ordinance.
SECTION 27. Ordinance 1794I, Section 95, as amended and as amended by
section 25 of this ordinance, is hereby amended to read as follows:
PUBLIC HEALTH - From the public health fund there is hereby appropriated to:
Public health $6,453,000
ERI EXPENDITURE RESTRICTION:
Of this appropriation, no more than $2,464,000 in state or county flexible funds or
state or county funds allocated to Public Health - Seattle & King County that are not
restricted to any more specific purpose or program, shall be expended or encumbered to
543
544
545
546
547
548
549
550
551
552
5s3
554
555
556
557
558
559
560
561
562
563
25
Ordinance 18319
564 support activities related to tobacco prevention or healthy eating and active living to
565 prevent chronic disease.
566 The amount of this reduction in flexible funds may be offset by reprioritization of
567 flexible funds or other means that do not affect public health center operations, subject to
568 council approval by motion before implementation of any other direct service reductions
569 or full-time equivalent position reductions.
570 ER2 EXPENDITURE RESTRICTION:
57I Of this appropriation, $591,000 shall be expended solely to fund 5.50 FTE
572 planning positions for best starts for kids levy activities. Of that amount, no funds will be
573 expended for implementation of best starts for kids levy activities related to the youth and
574 family homelessness prevention initiative until the implementation plan relating to the
575 youth and family homelessness and prevention initiative described in Ordinance 18088,
576 Section 5.4.1., is approved by ordinance and no funds will be expended for
577 implementation of best starts for kids levy activities related to the activities described in
578 Ordinance 18088, Section 5.C., until the implementation plan that identifies the strategies
579 to be funded and outcomes to be achieved with the use of levy proceeds described in
580 Ordinance 18088, Section 5.C., is approved by ordinance.
s81 ((W
582 ef this æprepriatien; $150;000 shall net be expende#or eneumbere#t*+til the
583
584
585
26
586
587
s88
s89
s90
591
592
593
594
595
596
597
598
599
600
60L
602
603
604
60s
606
607
608
Ordinance 183'19
to suppert eentinued eperatien ef the Nerthshere publie health eente+threugh Ðeeernbe+
3W-
The exeeutive must file the letter required by this previse by Oetober 3 1; 2015; in
the ferm ef a paper eriginal and an eleetrenie-eepy witlr the elerk of the eeuneil; rvhe
))
P2 PROVIDED FURTHER THAT:
Of this appropriation, $790,000 shall not be expended or encumbered until the
executive (( )) or the executive's designee
obtains contractual oblieations for or receives revenues in the amount of (($+q0-p0+ha¡re
) $420.500 from the city of Auburn, other
cities in King County, the Muckleshoot Indian Tribe and other community partners, to
support continued operation of the Aubum ((P))public ((++))þealth ((e))qenter.
((The exeeutive rnust file the-letter required by this previse by eeteber 3l; 2015;
+
)
P3 PROVIDED FURTHER THAT:
Of this appropriation, $800,000 shall not be expended or encumbered until the
executive (( ) or the executive's designee
obtains contractual obligations for or receives revenues in the amount of (($80+S0+ha+e
27
Ordinance 18319
6os )) $300.000 from the city of Seattle and
610 $200.000 from other community partners to support continued operation of the
61,4
61.1.
612
613
6L5
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
Greenbridge public health center and other public health services through December 31,
20t6.
((
i
))
P4 PROVIDED FURTHER THAT:
Of this appropriation, $221,000 shall not be expended or encumbered until the
executive transmits a letter to the council certifying that revenues in the amount of
$221,000 have been contractually obligated by or received from cities in King County to
support continued operation of the Federal Way public health center through December
31,2016.
The executive must file the letter required by this proviso by October 3I,2015, in
the form of a paper original and an electronic copy with the clerk of the council, who
shall retain the original and provide an electronic copy to all councilmembers, the council
chief of staff, the policy staff director and the lead staff for the budget and fiscal
management committee, or its successor.
P5 PROVIDED FURTHER THAT:
Of this appropriation, $100,000 shall not be expended or encumbered until the
executive transmits a repofi on options related to the Northshore public health center631
28
Ordinance 18319
632 operations and facility, a plan for the continued delivery of the services currently
633 provided at the Northshore public health center at a fixed location and a motion that
634 approves the report and plan and the motion is passed by the council. The motion shall
635 reference the subject matter, the proviso's ordinance, ordinance section and proviso
636 number in both the title and body of the motion.
637 The report shall be prepared with the assistance of real estate experts with
638 expertise in real estate sales and medical office space leasing in the north and east King
639 County markets. The real estate expert shall be retained no later than January 2,2015.
640 The report shall also include iqput from Professional & Technical Employees Local 17
641. and the Washington State Nurses Association regarding operational issues at the
642 Northshore public health center. The report shall include, but not be limited to, an
643 analysis of options related to the Northshore public health center operations and facility
644 including:
645 A. The potential for, revenue from, and expenses associated with leasing the
646 unused portion of the Northshore clinic to either an internal King County agency or
647 outside tenant or tenants, or both. The analysis should also include the potential for
648 pledging the revenue stream from a lease to a third-party tenant, to secure debt financing
649 to address the department's current deficit;
650 B. The potential revenue from the sale of a fully leased Northshore clinic,
651 including a lease with Public Health - Seattle & King County to continue its matemity
652 support services ("MSS") and special supplemental nutrition program for women, infants,
653 and children ("V/IC");
29
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
67r
672
673
674
675
Ordinance 18319
C. The potential revenue from the sale of the Northshore clinic with King County
executing a commercially reasonable lease for sufficient space to continue MSS and WIC
and the expected costs to King County for such a lease;
D. A comparison of the options in subsections A. through C. of this proviso with
a potential sale of the Northshore public health center property in vacant, as-is condition,
including all costs to vacate the space, prepare it for sale, and maintain the vacated
property until an estimated closing of a sale of the property;
E. Analysis of the space requirements, one-time and ongoing expected costs and
operational impacts, including any adverse impacts to the delivery of client services, to
continue the provision of MSS and WIC as provided currently to north and east King
County with substantially equivalent or better market saturation and efficacy compared to
the current level of service, if public health is required to vacate the current clinic;
F. Feasibility of charging rent to the agencies providing other King County
services at the clinic, or other county agencies, and the impacts, savings and other issues
associated with the cessation or relocation of the community service center currently
providing those services; and
G. Analysis of the racial and social justice impacts of closure of the clinic.
All analyses regarding the potential sale of the property shall address requiring
C.C. 4.56.130, which requires a portion of sales proceeds to be paid into the fund for arts
and culture, as well as leasehold excise taxes where applicable, and any other factors such
that the analysis provides for as close-to-actual financial impact to the health department
and the county as a whole, as possible.
30
Ordinance 18319
676 At the same time as delivery of the report on options related to the Northshore
677 public health center operations and facility, the executive shall transmit to the council a
678 plan for the continued delivery of services currently provided at the Northshore public
679 health center in an integrated, comprehensive manner from a fixed location, whether
680 directly or in partnership with outside entities.
681 The executive must file the report, motion and plan required by this proviso by
682 May 1, 2015, in the form of a paper original and an electronic copy with the clerk of the
683 council, who shall retain the original and provide an electronic copy to all
684 councilmembers, the council chief of staff, the policy staff director and the lead staff for
685 the budget and fiscal management committee, or its successor.
686 P6 PROVIDED FURTHER THAT:
687 Of this appropriation, $200,000 shall not be expended or encumbered until the
688 executive transmits a report on the sustainability of public health clinic services in future
689 biennia. The report shall identify the potential models for continuing public health clinic
690 services in future biennia as the current funding model is unsustainable. The report shall
691 identify major services provided by the clinics and identify any services that are
692 unsustainable.
693 The executive must file the report and motion required by this proviso by October
694 31,2015, in the form of a paper original and an electronic copy with the clerk of the
695 council, who shall retain the original and provide an electronic copy to all
696 councilmembers, the council chief of staft the policy staff director and the lead staff for
697 the budget and fiscal management committee and the law, justice, health and human
698 services committee, or their successors.
3L
Ordinance 18319
699 SECTION 28. Ordinance 17941, Section 96, as amended, is hereby amended as
7oo follows:
MEDICAL EXAMINER - From the public health fund there is hereby
appropriated to:
Medical examiner $80,000
SECTION 29. Ordinance 17941, Section 98, as amended, is hereby amended as follows:
ENVIRONMENTAL HEALTH - From the environmental health fund there is
hereby disappropriated from:
Environmental health ($650,000)
SECTION 30. The council directs that section 29 of this ordinance takes effect
before section 31 of this ordinance.
SECTION 31. Ordinance 17941, Section 98, as amended, is hereby amended as
follows
ENVIRONMENTAL HEALTH - From the environmental health fund there is
hereby appropriated to:
Environmental health $650,000
ERI EXPENDITURE RESTRICTION:
Of this appropriation, $1 13,645 and 1.00 FTE shall be expended or encumbered
solely to fund one environmental,health services ("EHS") septic inspector in 2015 to be
colocated at the department of permitting and environmental review ("DPER")
Snoqualmie location for a pilot colocation project. The pilot inspector shall attend DPER
permitting staff meetings when doing so would allow the pilot inspector to better
understand the DPER permitting process or workload staffrng issues. The pilot inspector
70L
702
703
704
705
706
707
708
709
7IO
71,1
7t2
713
71,4
71,5
71,6
717
718
71,9
720
721
32
722
723
724
725
726
727
728
729
730
73L
732
733
734
735
736
737
738
739
740
74L
742
Ordinance 18319
shall keep the director of DPER or the director's designee informed of the pilot
inspector's work but shall remain under the supervision of EHS.
Pl PROVIDED THAT:
Of this appropriation, $500,000 shall not be expended or encumbered until the
executive transmits an action plan for changes to the food program permit fee structure,
including, but not limited to, temporary and farmers market permits, that result in lower
permit costs and encourage vendor participation while maintaining food safety, and a
motion that approves the action plan and the motion is passed by the council. The motion
shall reference the subject matter, the proviso's ordinance, ordinance section, and proviso
number in both the title and body of the motion.
In developing the action plan, the executive shall consider:
A. Recommendations from the 2013 county auditor performance audit of
environmental health services;
B. Food vendor stakeholder feedback, including feedback on the action plan;
C. Maintenance of health standards that conform to local, state and federal
regulations;
D. Consideration of the reasonableness of inspection requirements across
different types of permits;
E. Cost impacts of permit fees on the permit holders'cost of doing business and
potential options to standardize practices to minimize permit holders' cost;
F. Review of the number of inspections needed for vendors and coordinators
attending multiple events or farmers markets;743
33
Ordinance 18319
744 G. Review of time needed to conduct an inspection of a vendor who has
745 consistently demonstrated goodperformance;
746 H. The Public Health - Seattle & King County 2014 Food Protection Program
747 Review; and
748 I. The Public Health - Seattle & King County 2}l4Bnvironmental Health Permit
749 Time and Fee Study.
750 The action plan shall include proposed near-term actions and timelines for
75I implementation that can affect fees for 2015 to be adopted by the board of health and that
752 would result in an average lower cost of permits for farmers markets and temporary
753 nonprofits, and long-term actions and timelines for implementation that can lower 2016
754 food program rates and fees. The plan shall include estimated fee or rate impacts to be
755 achieved by the proposed actions.
756 The executive must file the near-term options by December 12,2014, and the
757 remainder of the action plan and motion required by this proviso by January 30,2015,in
758 the form of a paper original and an electronic copy with the clerk of the council, who
759 shall retain the original and provide an electronic copy to all councilmembers, the council
760 chief of staff, the policy staff director and the lead staff for the law, justice, health and
761. human services committee, or its successor.
762 P2 PROVIDED FURTHER THAT:
763 Of this appropriation, $500,000 shall not be expended or encumbered until:
764 A. The county auditor reports that the environmental health services division has
765 fully implemented Recommendation #5 of the September 11,2013, performance audit of
766 environmental health services, i.e., to implement a rigorous approach to staff allocations
34
Ordinance 18319
767 addressing the four best practice factors identified by the county auditor, which include a
768 defined staffing methodology with staffing standards and performance measures related
769 to caseloads and workloads; and
770 B. The executive transmits a copy of the auditor's report and an action plan for
77I improving the operational infrastructure of environmental health services in order to
772 lower permit costs and encourage vendor participation while maintaining food safety, and
773 a motion that approves the operational action plan and the motion is passed by the
774 council. The motion shall reference the subject matter, the proviso's ordinance, ordinance
775 section and proviso number in both the title and body of the motion.
776 Development of the action plan shall be informed, ataminimum, by the
777 recommendations from the 2013 county auditor performance audit of environmental
778 health services and the action plan submitted in response to proviso Pl of this section
779 regarding environmental health services.
780 The proposed action plan shall include recommended actions and timelines for
781 achieving cost savings that are projected to result in no food program rate increases
782 through the end of 2017 while building rate reserves during that timeframe. The plan
783 shall show at a minimum the operational costs, workloads, and staffing assumptions that
784 are the basis for achieving the target.
785 The executive must file the action plan and motion required by this proviso by
786 August 30,2015, in the form of a paper original and an electronic copy with the clerk of
787 the council, who shall retain the original and provide an electronic copy to all
788 councilmembers, the council chief of staff, the policy staff director and the lead staff for
789 the law, justice, health and human services committee, or its successor.
35
Ordinance 18319
790 P3 PROVIDED FURTHER THAT:
7gt Of this appropriation, $650,000 shall not be expended or encumbered until the
792 executive transmits a report on coordination of septic permitting services by the
793 environmental health services division of Public Health - Seattle & King County (''EHS")
794 and permitting services by the department of permitting and environmental review
795 ("DPER") that have workflow processes affected by septic permitting, including a draft
796 ordinance to implement the recommendations of the report, and a motion that approves
797 the report and the motion is passed by the council. The motion shall reference the subject
798 matter, the proviso's ordinance, ordinance section and proviso number in both the title
799 and body of the motion.
800 The report shall be informed by a one-year pilot project in20l5 that moves at
801 least one environmental health services septic inspector to DPER's Snoqualmie location
802 as described in expenditure restriction ERl of this section. The pilot inspector shall
803 attend DPER permitting staff meetings when doing so would allow the pilot inspector to
804 better understand the DPER permitting process or workload staffing issues. The pilot
805 inspector shall keep the director of DPER or the director's designee informed of the pilot
806 inspector's work but shall remain under the supervision of EHS.
807 The report shall, at a minimum, include the following:
808 A. A mapping of EHS septic and related DPER permitting workflows;
809 B. A summary of workload and backlog for the past five years, including total
810 and per FTE annual target and actual counts and turnaround times for design reviews and
811 other inspector functions for septic and related DPER permits;
36
813
812
8t4
815
816
817
818
819
821,
823
824
825
826
827
828
829
830
831
833
Ordinance'18319
C. An identification of intersections and chokepoints where one agency's process
affects the other;
D. Consideration of cosupervising, colocating and other means of increasing
communication and coordination between the agencies;
E. Consideration of statutory and code requirements;
F. Recommendations for infrastructure and process changes to improve EHS and
DPER permitting processes to reduce backlogs, increase efficiency and cross-agency
coordination and improve customer service; and
G. Quantification of the anticipated effect of the recommended changes on
permit processing performance and costs of the recommended changes.
The draft ordinance included in the report shall implement integrated, streamlined
permitting operations for DPER and EHS's septic program based on the report
recoÍìmendations.
The executive must file the report and motion required by this proviso by ((May
3e)>JUqg_30 ,2016, in the form of a paper original and an electronic copy with the clerk
of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the law, justice, health and human services committee, or its successor.
SECTION 32. Ordinance I794I, Section 101, as amended, is hereby amended as
follows:
EMPLOYMENT AND EDUCATION RESOURCES - From the employment and
education resources fund there is hereby appropriated to:
Employment and education resources $893,000
820
822
832
834
37
Ordinance 18319
835 The maximum number of additional FTEs for employment and education resources
836 shall be:1.00
SECTION 33 Ordinance I794I, Section 102, as amended, is hereby amended as
follows:
FEDERAL HOUSING AND COMMLINITY DEVELOPMENT - From the
federal housing and community development fund there is hereby appropriated to:
Federal housing and community development $0
The maximum number of additional FTEs for federal housing and community
development shall be: 3.00
SECTION 34. Ordinance 17941, Section 103, as amended, is hereby amended as
follows:
HOUSING OPPORTUNITY - From the housing opportunity fund there is hereby
appropriated to:
Housing opportunity $6,864,000
SECTION 35. Ordinance 17941, Section I2I, as amended, is hereby amended as
follows:
FACILITIES MANAGEMENT INTERNAL SERVICE - From the facilities
management - internal service fund there is hereby appropriated to:
Facilities management internal service $625,000
SECTION 36. Ordinance 17941, Section 129, as amended, is hereby amended by
adding thereto and inserting therein the following:
CAPITAL IMPROVEMENT PROGRAM - From the several capital
improvement project funds there is hereby disappropriated from:
837
838
839
840
841
842
843
844
845
846
847
848
849
850
85L
8s2
8s3
854
855
856
857
38
Ordinance 18319
858 3421 MAJOR MAINTENANCE RESERVE SUB ($1,220,000)
SECTION 37. The council directs that section 36 of this ordinance takes effect
before section 38 ofthis ordinance.
SECTION 38. Ordinance 17941, Section 129, as amended, is hereby amended by
adding thereto and inserting therein the following:
CAPITAL IMPROVEMENT PROGRAM - From the several capital
improvement project funds there are hereby appropriated and authorized to be disbursed
the following amounts for the specific projects identified in Attachment A to this
ordinance.
8s9
860
861
862
863
864
865
866
867
868
869
870
87r
872
873
874
875
876
877
878
879
880
Fund Fund Name
3151 CONSERVATION FUTURES LEVY SUBFI-IND
3160 PARKS, RECREATION AND OPEN SPACE
3292 SV/M CIP NON-BOND
3310 LONG TERM LEASE
3380 AIRPORT CONSTRUCTION
3421 MAJOR MAINTENANCE RESERVE SUB
3473 RADIO SERVICES CIP FLIND
3581 PARKS CAPITAL FLIND
3641 PUBLIC TRANSPORTATION I-INRESTRICTED
3681 REAL ESTATE EXCISE TAX (REET) #1
3682 REAL ESTATE EXCISE TAX (REET) #2
369T TRANSFER OF DEVELOPMENT CREDITS PROGRAM
20tst20t6
$o
($48,257)
$ 1,894,455
($7s,2r2)
($ 12,981,690)
$1.220.000
($301,438)
83,617,965
$ 1,833,394
$ 150,000
$813,478
($85,1 5 5)
(s3,882,220)37]1 OIRM CAPITAL FIIND
39
Ordinance 18319
88]. 3781 ITS CAPITAL FUND
3850 RENTON MAINTENANCE FAC. CONSTR. FLTND
3860 COLINTY ROAD CONSTRUCTION FUND
395T BUILDING REPAIR/REPLACEMENT SUBFLIND
TOTAL CAPITAL IMPROVEMENT PROGRAM
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
($ 1,512,946)
($43,584)
($1,530,511)
s428,64r
($10,504,000)
ERl EXPENDITURE RESTRICTION:
Of the appropriation for capital project 1124413, real time improvements,
$600,522 shall not be expended or encumbered until the council passes a motion
approving a strategic technology roadmap for transit, as referenced in proviso P4 of this
section.
ER2 EXPENDITURE RESTRICTION :
Of the appropriation for capital project II2I402, WTC Brandon Michigan CSO,
$1,250,000 shall be expended or encumbered solely to retain and support the work of the
expert review panel and to research and conduct engineering analysis to produce reports
that are referenced in section 110, proviso P3, of this ordinance.
ER3 EXPENDITURE RESTRICTION:
Of the appropriation for capital project 1 1 13189, WTC process replacement
improvement, no funds shall be expended or encumbered to design or install a new
security gate at the entrance to the West Point treatment plant until the council receives a
letter from the executive with a signed interlocal agreement between King County and
the Seattle parks and recreation department, or its successor, for operation of a passenger
vehicle service in Discovery park for park patrons.
ER4 EXPENDITURE RESTRICTION:
40
Ordinance 183'19
Of the appropriation for capital project lII7106, children and family justice
center, $955,000 shall be expended solely to pay for a county employee or third-party
consultant to assist the facilities management division in monitoring the project labor
agreement and confirming that the provisions of the agreement are being fulfilled.
ER5 EXPENDITURE RESTRICTION:
Of the appropriation for capital project 1127266, no funds shall be expended or
encumbered to transition more than two departments to cloud e-mail until the executive
transmits a report on the results of the cloud e-mail pilot and a motion that accepts the
report is passed by the council. The motion shall reference the subject matter, the
expenditure restriction's ordinance, ordinance section, and proviso number in both the
title and body of the motion.
The report shall be approved by the Business Management Council and include,
but not be limited to:
A. A summary of user satisfaction with the migration experience addressing user
satisfaction with communications, and downtime for users;
B. A summary of user experience with the new solution including ease of
accessing e-mails formerly saved as PST files; and
C. System availability with cloud e-mail compared to on premise e-mail.
The executive must file the report and motion required by this proviso in the form
of a paper original and an electronic copy with the clerk of the council, who shall retain
the original and provide an electronic copy to all councilmembers, the council chief of
staff and the lead staff for the government accountability and oversight committee, or its
successot
41
927
928
929
930
931
932
933
934
935
936
937
938
939
940
94r
942
943
944
945
946
947
948
949
Ordinance 18319
Upon acceptance by motion of the report, remaining funds may be spent to
transition other departments to cloud e-mail.
ER6 EXPENDITURE RESTRICTION:
Of the appropriation for capital project 1127690, system security, $3,500,000
shall not be expended or encumbered unless the chief information offrcer has reviewed
and approved the contract for procurement of the security solution before it is signed by
the county and until the executive enters into a contract with an independent third-party
quality assurance consultant with expertise in information technology security to conduct
an assessment to ensure the following elements are being effectively and efficiently
managed: scope; schedule; budget; and quality. The quality assurance consultant shall
provide an initial baseline quality assessment report and bimonthly written assessments to
the project review board. The assessments shall be based upon how well the project
management team performed in reference to the baseline assessment regarding matters
that may impact the planned project outcome, including:
A. Project organization and governance;
B. Project planning and controls, including, but not limited to, scope, schedule
and budget;
C. Project manager performance;
D. Vendor performance including, but not limited to, equipment quality and
performance; and
E. Stakeholder and customer involvement and effectiveness.
The executive shall provide copies of the assessments to the interim advisory
group within five working days of receipt by the project review board.
42
Ordinance 18319
9s0
951
ER7 EXPENDITURE RESTRICTION
Of the appropdation for capital proiect 1124472, courthouse system revitalization,
9s2 q 1 ))0 oo 0 shall be ewnenrlerl or encumbered so for one rìr Ínôre nf fhe fnllnu¡ino'lclr¡
953 A. To gather data or information necessary to inform a decision about whether
the Council should revitalize or redevelop the Kins County Courthouse;954
957
958
959
960
961
962
963
964
965
966
967
968
969
970
955 of the RAMP
956 the scoping report, or a strategic facilities plan for the county's downtown civic campus;
C. to fund those routine repairs and maintenance of building systems necessary
for continued. safe operations of the King County Courthouse over the next five years:
and
D. To undertake risk manasement planning activities, if the executive determines
such activities are a worthwhile use of the fundine.
Pl PROVIDED THAT:
Of the appropriation for capital project 1124456, ORCA replacement, $250,000
shall not be expended or encumbered until the executive transmits a report on ORCA
replacement implementation issues and a motion that accepts the report and the motion is
passed by the council. The motion shall reference the subject matter, the proviso's
ordinance, ordinance section and proviso number in both the title and body of the motion.
The report shall include, but not be limited to:
A. A work plan identifying when and how the council will be engaged in the
decision process for selecting a replacement for the existing ORCA system;
43
Ordinance 18319
97t B. Identification of any changes to the King County Code, the regional fare
972 coordination agreement and other interlocal agreements that may be proposed as part of
973 the project and the anticipated schedule for transmitting the changes;
974 C. A description of policy issues for council consideration that could affect a
975 replacement system, including but not limited to policies identified in the August 6,2014,
976 ORCA Needs Analysis and Technology Survey, such as fare simplification, universal
977 elimination of cash transfers and movement to a cashless system;
978 D. An update of the benefit achievement plan for the project;
979 E. Identification of impacts to and dependencies on existing transit technology
980 infrastructure and proposed projects including, but not limited to, the 4.9 lli4Hz network
981 project and mobile ticketing pilot project;
982 F. Equity and social justice impacts to be considered in the replacement of
983 ORCA; and
984 G. Network and electronic payment security issues to be considered in the
985 replacement of ORCA.
986 The executive must file the report and motion required by this proviso by March
987 3I,2016, in the form of a paper original and an electronic copy with the clerk of the
988 council, who shall retain the original and provide an electronic copy to all
989 councilmembers, the council chief of staff, the policy staff director and the lead staff for
990 the transportation, economy and environment committee, or its successor.
991 P2 PROVIDED FURTHER THAT:
992 Of the appropriation for capital project 1116944, mobile ticketing pilot project,
993 $440,000 shall not be expended or encumbered until the executive transmits a mobile
44
994
995
996
997
998
999
1000
1"001
to02
1003
L004
1005
1006
rooT
1008
1009
1010
TOTT
1012
1013
TOT4
101s
L0L6
Ordinance 18319
ticketing pilot project work plan and a motion that accepts the work plan and the motion
is passed by the council. The motion shall reference the subject matter, the proviso's
ordinance, ordinance section and proviso number in both the title and body of the motion.
The work plan shall include, but not be limited to:
A. A summary of the pilot project;
B. An explanation of how the demonstration participants will be chosen;
C. A discussion of whether the application will be developed by KCIT or by an
outside vendor; and
D. An explanation of what data will be collected and how it will be used.
The executive must file the work plan and motion required by this proviso in the
form of a paper original and an electronic copy with the clerk of the council, who shall
retain the original and provide an electronic copy to all councilmembers, the council chief
of staff, the policy staff director and the lead staff for the transportation, economy and
environment committee, or its successor.
P3 PROVIDED FURTHER THAT:
Of the appropriation for capital project II24203, Chinook building consolidation,
5548,942 shall not be expended or encumbered until the executive transmits afinalized
plan for the Chinook building consolidation and a motion that approves the plan and the
motion is passed by the council, The motion shall reference the subject matter, the
proviso's ordinance, ordinance section, and proviso number in both the title and body of
the motion.
The plan shall include, but not be limited to:
A. The number of public health staff moving from the ninth floor;
45
Ordinance '18319
1,017
101"8
1019
1.020
to2t
ro22
1023
ro24
ro25
ro26
ro27
to28
r029
1030
L03L
to32
1033
1,034
1035
1036
1,037
B. The finalized Chinook building locations to be occupied by staff moving from
the ninth floor;
C. Any associated moves within the Chinook building related to clearing the
ninth floor and moving public health staff;
D. Any associated moves, if any, by other county agencies from other county
buildings;
E. The cost impacts for all parties being relocated, including any anticipated
tenant improvements;
F. The final occupant selected to occupy the ninth floor; and
G. The timelines associated with all relocations.
The executive must file the plan and motion required by this proviso when plans
are ftnalized in the form of a paper original and an electronic copy with the clerk of the
council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee, or its successor.
P4 PROVIDED FURTHER THAT:
Of the appropriation for capital project 1124887, strategic technology roadmap
for transit, $25,000 may not be encumbered until the executive transmits the Strategic
Technology Roadmap for Transit and a motion that approves the Strategic Technology
Roadmap for Transit and the motion is passed by the council. The motion shall reference
the subject matter, the proviso's ordinance, ordinance section and proviso number in both
the title and body of the motion.1038
46
1039
1040
to4t
1042
1,043
1044
1045
1046
1047
1048
1.049
1050
105L
1052
1053
1054
L055
10s6
ro57
1058
1059
Ordinance 18319
The Strategic Technology Roadmap for Transit shall address how technology will
be used in the future to support Transit in delivering transit services. The Strategic
Technology Roadmap for Transit is intended to provide a planned, integrated, and
forward-looking understanding of the evolving technology needs and solutions over the
next five years for transit riders, operations and administration. The Strategic
Technology Roadmap for Transit shall recommend and prioritize technology solutions
and identify the integration points of those solutions other transit and county and regional
technologies.
Before transmitting the Strategic Technology Roadmap for Transit, the executive
must file a preliminary report identifying the specific components to be included in the
Strategic Technology Roadmap for Transit and a draft outline of the Strategic
Technology Roadmap for Transit and motion approving this preliminary report by April
I,2015, in the form of a paper original and an electronic copy with the clerk of the
council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy director and the lead staff for the
transportation, economy and environment committee, or its successor.
The executive must file the Strategic Technology Roadmap for Transit and
motion approving it in the form of a paper original and an electronic copy with the clerk
of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy director and the lead staff for the
transportation, economy and environment committee, or its successor.
P5 PROVIDED FURTHER THAT:1060
47
1061"
1062
1063
1064
1065
1066
ro67
1068
1069
].070
TOTL
ro72
to73
L074
ro75
1076
r077
LO78
ro79
1080
L081
ro82
Ordinance 18319
Of the appropriation for capital project II24472, courthouse system revitalization,
$500,000 shall not be expended or encumbered until the executive transmits a report on
the King County Courthouse building systems and a motion that approves the report and
the motion is passed by the council. The motion shall reference the subject matter, the
proviso's ordinance, ordinance section and proviso number in both the title and body of
the motion.
The report shall include, but not be limited to:
A. A building alternative analysis;
B. A list of possible projects, reported by system or task;
C. The estimated costs for each possible project, reported by system or task;
D. A risk assessment and any risk mitigation plans for possible projects;
E. A prioritízation for possible projects;
F. The estimated timelines for possible projects;
G. The status of locating as-built structural documentation;
H. A discussion of the historical significance of the building and how the
historical designation could affect the project; and
I. Any work done to investigate or access state, federal or other funding sources
in support of the project.
The executive must file the report and motion required by this proviso by
((Áçri+)) September ((+)) 2,2016, in the form of a paper original and an electronic copy
with the clerk of the council, who shall retain the original and provide an electronic copy
to all councilmembers, the council chief of staff, the policy staff director and the lead
staff for the budget and fiscal management commitìee, or its successor.1083
48
1084
1085
1086
ro87
L088
1089
1090
109L
ro92
1093
tog4
L095
L096
1097
1098
1099
1100
1101
tr02
1103
1_to4
1105
1106
Ordinance 18319
P6 PROVIDED FURTHER THAT:
Of the appropriation for capital project II22048, AFIS laboratory replacement,
$650,000 shall not be expended or encumbered until the executive transmits a report on a
delivery method for laboratory replacement and a motion that approves the report and the
motion is passed by the council. The motion shall reference the subject matter, the
proviso's ordinance, ordinance section and proviso number in both the title and body of
the motion.
The report shall include, but not be limited to, the final recommended delivery
method selected for replacing the laboratory. The report shall include a cost-benefit
analysis for delivery methods considered and any anticipated timelines for design,
permitting and occupancy associated with the selected delivery method.
The executive must file the report and motion required by this proviso by August
31,2015, in the form of a paper original and an electronic copy with the clerk of the
council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee, or its successor.
P7 PROVIDED FURTHER THAT:
Of this appropriation for capital project 1039848, ballfield/sport court rehab,
$300,000 shall not be expended or encumbered until the executive transmits a report on
the development and construction of the project identified in Ordinance I7759 and a
motion that approves the report, and the motion is passed by the council. The motion
shall reference the subject matter, the proviso's ordinance, ordinance section and proviso
number in both the title and body of the motion.
49
r1,07
L108
1109
1LL0
tLtt
Ttt2
1.I13
1.1.1.4
11L5
ttL6
tLtT
1118
LTI9
tt20
TT2T
1,L22
1,123
1-124
L125
1,126
rt27
Ordinance 18319
The report shall provide a plan to fully fund and complete the development and
construction of the project identified in Ordinance 17759. The report shall include, but
not be limited to:
A. A status report on work completed to date;
B. A status report on the work remaining to complete the project as identified in
Ordinance 17759;
C. A budget indicating the amount needed to complete the project above and
beyond the funds identified in Ordinance 17159 and the proposed sources for these
additional funds, including any additional funding to be provided to the project by King
County;
D. An amendment to the use agreement, if needed, to cover any changes to the
project budget, including any additional funds to be provided to the project by King
County, and itemizing the consideration King County will receive for this additional
investment; and
E. A proposed ordinance, if needed, to authorizethe executive to execute an
amendment to the use agreement.
The executive must file the report and motion required by this proviso by June 4,
2015, in the form of a paper original and an electronic copy with the clerk of the council,
who shall retain the original and provide an electronic copy to all councilmembers, the
council chief of staff, the policy staff director and the lead staff for the transportation,
economy and environmental committee, or its successor.
P8 PROVIDED FURTHER THAT:1128
50
1129
1130
1131
tt32
L133
LT34
L135
1,136
1.1.37
1138
tt39
tt40
71.41.
tt42
tt43
LI44 session.
1.1.45
r146
tL47
tt48
11.49
11s0
Ordinance 18319
Of this appropriation, $240,000 shall be expended or encumbered only in six
increments of $40,000 each after the executive provides a quarterly oral report on matters
related to airport perimeter security measures for each prior quarter, transmits a motion
that accepts the quarterly report and each motion is adopted by the council. Each motion
shall reference the subject matter, the proviso's ordinance, ordinance section and proviso
number in both the title and body of the motion. Upon passage of each motion, $40,000
is released for expenditure.
Each quarterly report before the government accountability and oversight
committee, or its successor, on airport perimeter security measures shall address the
following elements: security measures implemented in the previous quarter; security
violations; and updated plans, including financial strategies for additional security
investments to prevent physical intrusions on to airport property. If any public reporting
on the elements would affect national security, the executive shall provide the oral report
in executive session under RCW 42.30.110(1)(a). For reporting on those elements that
do not affect national security, the executive shall provide the required reporting in open
The executive must file the quarterly motions required by this proviso by October
l, 2}Is,November 15, 201 s,February I 5, 20l6,May 1 5, 20l6,August 15, 2076, and
November 15,2016, in the form of a paper original and an electronic copy with the clerk
of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the government accountability and oversight committee, or its successor. The executive
should provide each quarterly oral report before the filing date of the next motion.1151
51
L1,52
1L53
7754
1155
1156
11.57
LL58
1159
1L60
1.1.6r
LI62
1,163
TL64
1165
1,r66
tt67
L168
1L69
1,170
trTt
1,172
TI73
Ordinance 18319
P9 PROVIDED FURTHER THAT:
Of the appropriation for capital project III7106, children and family justice
center, $1,000,000 shall be expended solely for an economic opportunity and
empowerment program and its administration, to ensure diversity in the project
workforce and to facilitate achievement of the design build contract's goals for hiring and
training minorities, women, veterans and youth, and small contracting and suppliers
utilization goal.
The empowerment program shall be administered by an executive appointee, who
may either be a county employee or a consultant, and who shall provide assistance to the
design-build contractor for it to meet or exceed the contractually required apprenticeship
hiring percentage, thereby satisfy the "best efforts" requirement under K.C.C.
12.16.160.A.2.a., as well as meet or exceed the apprentice hiring goals for all identified
targeted populations. The administrator shall also assist the design-build contractor for it
to meet or exceed the contract goal of small contractor and service utilization and thereby
be in compliance with K.C.C .2.97.100.
The administrator shall create a plan to achieve or exceed the hiring and training
goals for apprentices and the utilization goals for small contracting and suppliers. The
administrator shall convene a community advisory board appointed by the executive by
April 30, 2015, and confirmed by the county council. The board shall advise and assist
the administrator in the plan development, administration and reporting. To address
chronic unemployment and underemployment in certain communities in King County
and to address the adverse social consequences of said unemployment and
underemployment, the plan shall include a targeted local hire program, to the extentIT74
52
tt75
7176
1,r77
1178
It79
1180
1L81
rt82
1183
tr$4
1185
1186
tt87
L188
1L89
1L90
trgt
ttg2
1193
trg4
1195
Lt96
1197
Ordinance 18319
permitted by law, focused on recruiting workforce participants from King County's
economically disadvantaged communities. If appropriate, the plan may incorporate
elements of Seattle Council Bill 1 18282. The plan shall be used to assist the design-build
contractor in fulfilling its contractual obligations of the apprenticeship hiring percentage,
as well as the apprentice hiring goals for all identified targeted populations, utilizing
small contractors and suppliers, and using all reasonable efforts to achieve local hires and
involve youth on the project. At least ninety days before issuing to the design-build
contractor a notice to proceed with construction, the executive must transmit the plan and
a motion approving the plan in the form of a paper original and an electronic copy with
the clerk of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee, or its successor.
Progress toward achieving the design-build contractor's contractually required
hiring goals and standards shall be reported to the council by the administrator every
quarter, beginning with the quarter immediately following the start of construction and
continuing until the project is completed. The executive must file the reports required by
this proviso in the form of a paper original and an electronic copy with the clerk of the
council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee, or its successor.
P1O PROVIDED FURTHER THAT:
Of the appropriation for capital project 1126543, DCHS Behavioral Health
Integration, $400,000 shall not be expended or encumbered until the executive transmits
53
Ordinance 18319
1L98 two status reports on expenditures to date and dependencies and motions that accept the
1199
1200
120r
1202
r203
1204
1205
1206
1207
1.208
I209
T2IO
1,2LT
1212
121,3
12L4
t2t5
121,6
T2L7
T218
1219
reports. Each motion shall reference the subject matter, the proviso's ordinance,
ordinance section and proviso number in both the title and body of the motion. Upon
transmittal of each report, $200,000 shall be released for expenditure.
The reports shall include, but not be limited to:
A. Enumeration of the expenditures to date;
B. The status of state dependencies and their impact on the project including the
status of the state database with which the county database must interface and what
guidance the state has provided with regards to federal confidentiality rules; and
C. The status and timeline of provider readiness, including any technical
assistance provided or scheduled, to interface with the new system.
The executive must file the reports required by this proviso by November 76,
2015 and February 15,2016, respectively, and the motions required by the proviso by
those same dates, in the form of a paper original and an electronic copy with the clerk of
the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the health, housing and human services committee or its successor.
Pl1 PROVIDED FURTHER THAT:
For capital project 1126545, DES BRC Reporting Project, the executive shall
transmit a report on the scope of the project and specific expected benefits and a motion
accepting that report. The motion shall reference the subject matter, the proviso's
ordinance, ordinance section and proviso number in both the title and body of the motion
The report shall include, but not be limited to:1220
54
r22t
1222
1223
1224
r225
L226
L227
L228
1.229
r230
r231.
r232
t233
L234
1235
r236
1.237
1238
1239
1240
1241.
1242
Ordinance 18319
A. The scope of the complete BRC reporting project-what will and will not be
included;
B. Benefits of the project and how those benefits will be measured;
C. Whether there will be a request for proposals or an alternate approach to
procurement and the analysis supporting that decision;
D. Ongoing operational costs and staffrng requirements;
E. Preliminary listing of expected reports;
F. Number of expected users by system and department; and
G. Listing of side systems expected to be eliminated and those that will be kept.
The executive must file the report and motion required by this proviso by
November 1,2015, in the form of a paper original and an electronic copy with the clerk
of the council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee or its successor.
P12 PROVIDED FURTHER THAT:
Of the appropriation for capital project 1121493, constituent engagement services,
$ 100,000 shall not be expended or encumbered until policies for protecting constituents'
personal information are adopted and published and the council passes a motion
approving a report outlining how constituents'personal information will be protected.
The motion shall reference the subject matter, the proviso's ordinance, ordinance section
and proviso number in both the title and body of the motion.
The executive must file the report and motion required by this proviso in the form
of a paper original and an electronic copy with the clerk of the council, who shall retain1243
55
1244
1245
1246
1247
1.248
1249
1250
t25t
1252
1253
1,254
1255
L256
1257
1258
1259
1.260
126I
1262
1263
1.264
Ordinance 18319
the original and provide an electronic copy to all councilmembers, the council chief of
staff, the policy staff director and the lead staff for the budget and fiscal management
committee or its successor.
P13 PROVIDED FURTHER THAT:
Of the appropriation for capital project Il2Il55, eastside rail coridor, it is the
council's intent that any moneys earned from salvaging removed rail materials, including
rails, ties, ballast, drainage structures and other structures and equipment that had
supported rail use of the corridor before termination of active rail use, shall be deposited
into the parks capital fund and shall be restricted to support future planning and
development of the eastside rail corridor, subject to council appropriation.
P14 PROVIDED FURTHER THAT:
For capital project 1126545, DES BRC reporting project, the executive shall
transmit a report that includes:
A. A revised benefit achievement plan that includes clear measures to assess
whether the benefits of the project have been achieved;
B. An analysis of user satisfaction with the Oracle product or products
demonstrated during the proof of concept. The analysis should summarize responses
from all agencies which participated in the proof of concept;
C. The list of requirements for the final BI Analytics solution. The list shall
identify which requirements are included and which are not. The report shall also
describe how decisions were made on which requirements to include and which could be
excluded; and126s
56
1266
1267
1268
1269
1270
1271,
1272
1273
r274
1275
I276
1277
1278
I279
L280
1281,
1282
1283
1284
1285
t286
1287
1288
Ordinance'18319
D. A description of the business standardization, data remediation, and data
governance efforts related to the project that are completed, in progress, and not yet
started. For those efforts in progress or not yet started, the report shall identify the
expected completion date and any additional appropriation authority needed to complete
those efforts.
The executive must file the report and motion required by this proviso prior to or
concurrent with the transmittal of any future appropriation requests for capital project
1126545, in the form of a paper original and an electronic copy with the clerk of the
council, who shall retain the original and provide an electronic copy to all
councilmembers, the council chief of staff, the policy staff director and the lead staff for
the budget and fiscal management committee or its successor.
P15 PROVIDED FURTHER THAT:
The voters of King County authorized the county to levy a property tax for nine
years. The proceeds of that levy are to fund capital costs of the children and family
justice center, including but not limited to replacing the youth services center facilities
located at l2th and Alder with the children and family justice center, now in development
under a design-build contract. As authorized by the voters, the levy is estimated to
collect $219,500,000. The King County council has appropriated $212,000,000 for
replacement of the current facilities.
Of the appropriation for capital project 1117106, children and family justice
center, $7,500,000 shall only be encumbered and expended: (a) only after the county has
issued final acceptance to the design-builder of phase 1 to the children and family justice
center; (b) to pay for capital improvement projects for juvenile justice and family law
57
1289
1290
r29t
r292
L293
1.294
1295
L296
L297
1.298
L299
1300
1301_
L302
1303
r304
1305
1306
L307
1308
L309
Ordinance 18319
services that improve access to services intended to prevent youth involvement with the
criminal justice system, reduce the negative impacts of any involvement in the juvenile
justice system and improve outcomes for King County youth; and (c) only after the
executive transmits aplan for the expenditure of levy proceeds, remaining after the
county has issued final acceptance on phase 1 of the children and family services center,
for capital improvements that meet the requirements of subsection b of this proviso and
Ordinance 17304 and a motion approving the plan, including any additional project
specifications, and that motion is passed by the council. The plan described in subsection
(c) of this proviso shall be developed with input from the public through an engagement
process, and should consider any applicable recommendations of the youth action plan
adopted in Motion 14378 and any applicable recommendations of the county's steering
committee to address juvenile justice disproportionality that was formed in 2015 or
similar groups.
The executive must file the report and motion in the form of a paper original and
an electronic copy with the clerk of the council, who shall retain the original and provide
an electronic copy to all councilmembers, the council chief of staff, the policy staff
director and the lead staff for the budget and fiscal management committee or its
successor. The motion shall reference the subject matter, the proviso's ordinance,
ordinance section and proviso number in both the title and body of the motion.
SECTION 39. Attachment A to this ordinance hereby amends Attachment A to
Ordinance 18239, as amended, by adding thereto and inserting therein the projects listed
in Attachment A to this ordinance.L310
58
Ordinance 18319
1311 SpcrroN 40 There is hereby added to Ordinance 17941 a
t3L2 new section to read as follows:
1313 RISK ABATEMENT/2006 FUND - From the risk abatemersl2006 fund there is
59
Ordinance 18319
1315
1316
131"4 hereby appropriated to
Risk abatement/2006 fund
Ordinance 183 19 was introduced on 611312016 and passed as amended by the
Metropolitan King County Council on7lI8l20l6,by the following vote:
$600,000
Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert; Mr. Dunn,
Mr. McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl-V/elles
and Ms. Balducci
No: 0
Excused:0
KING COUNTY COLINCIL
KING COUNTY, WASHINGTON
J.J Chair
ATTEST:
C^\^,.-\^/-rs-"
Anne Noris, Clerk of the Council
APPROVED this day of 2016
DMcqfiw
l, /'TiD:
l{AcID rm'rinmw! rrilE,
Cl, lp
Dow Constantine, County Executive
Attach men ts : A. 20 1 5 -20 1 6 C aprtal Improvement Pro gram, D ated 5 -24 -20 1 6
60
ord.1B31e Attachment A 2OL5|2O16 Capital lmprovement Program, Dated 5.24.2OL6
3151
2OLG Omnibus - Executive Proposed
Conservation Futures Levy Subfund
Number Pro ect Name FY15-16 FY17-18 FY19-20 Total Budget
TO47I57 WLCF WILLOWS CROSSING
Technical Adjustment/Close-Out request
7047I59 WLCF HISTORIC LOWR GRN APD
Technical Adjustment/Close-Out request
I047t60 WLCF |SS/CARY/HLDR CR CNFL
Technical Adjustment/Close-Out request
TO47T67 WLCF RAGING RIVER
Technical Adjustment/Close-Out request
7047162 WLCF TOLT RVR SANS SOUCI
Technical Adjustment/Close-Out request
1047 189 WLCF NEWAU KUM/GREEN CNFLNC
Technical Adjustment/Close-Out request
1047193 WLCF GRAND RIDGE ADDITIONS
Technical Adjustment/Close-Out request
1047794 WLCF LWR CDR R CNSRVTN ARA
Standalone
T047195 WLCF RGNG R UPPR PRSTN RCH
Technical Adjustment/Close-Out request
T047222 WLCF KENT CFL
Technical Adjustment/Close-Out request
1047225 WLCF SHORELINE CFL
Technical Adjustment/Close-Out request
7047230 WLCF SHO-KRUKEBERG PROPRTY
Technical Adjustment/Close-Out reguest
1047236 WLCF NOR-BECNSFLD ON THE S
Standalone
!Q47237 WLCF NBD-TANNER TRL PHS II
Standalone
IQ47239 WLCF BTH-FRS FMLY LLC-N CK
Standalone
L047346 WLCF FPP-VAN HOOF DAIRY
Technical Adjustment/Close-Out request
1047360 WLCF KRK-BEACH-LADS FORBES
Technical Adjustment/Close-Out request
11.12164 WLCF THREE FORKS NA PARK
Technical Adjustment/Close-Out request
TTT2T67 WLCF NE CAPITOL HILL UCP
Technical Adjustment/Close-Out request
7TT2T7I WLCF PUGET RIDGE EDIBLE PARK
Technical Adjustment/Close-Out request
7IT6224 WLCF KC SNOQUALMIE CONSERVATION
PARTNERSHIP
1.1L6242 WLCF KC Bass Lake lnholding
Technical Adjustment/Close-Out reguest
1116263 WLCF RNT Tiffany Cascade Conn
Technical Adjustment/Close-Out request
(Ss,sos)
(Sa,zzo¡
S13
52,974
Sqzz
5r,229
S¡rz
s205,000
(s6,087)
52,rcq
(Sooo¡
(54,764l'
(s1,003,428)
(572,738l|
s200,ooo
(S:rs¡
(Sgo)
S1,s96
Sstz
(S5,405)
S63,ooo
(5rt¡
SO
SO
So
5o
So
So
So
So
5o
So
So
SO
SO
So
5o
SO
5o
So
So
So
So
So
So
SO
So
5o
So
SO
5o
So
5o
So
So
So
So
SO
So
So
SO
So
so
So
So
SO
So
So
(Ss,sos¡
$ztza¡
S13
5z,gtq
5432
St,zzg
SErz
s205,000
(S6,087)
52,ro4
(5ooo¡
(S+la+¡
(s1,003,428)
$72,7381
Szoo,ooo
(5rrs¡
(Slo¡
S1,596
ïan
(S5,+os¡
So¡,ooo
(s11)
(S6,433)
Page 1 of 6Created on: 5 /25 | 2016 2i47 i06 PM
(So,+tt¡,
Project NameProject Nu Total BuFY19-20FYTT-T8FY15-16
1116264 WLCF KC Master
: Project with Subprojects
1122061.WLCF KC ISSAQUAH CREEK CONSRV
Project with Subprojects
tI22062 WLCF KC Black Diamond NA Add
Technical Adjustment/Close-Out request
1122064 WLCF KC PINER POINT NATRL AREA
Technical Ad¡ustment/Close-Out request
1123819;WLCF RTN MAY CREEK
Standalone
TT2382T WLCF TUK CHINOOK WIND ACQ
'Standalone
t124473 WLCF KC Lower Green River
Standalone
1126727.WLCF KNT CLARK LAKE
,Standalone
1126743.W1CF KC GR LOWER NEWAUKUM CREE
Standalone
1126744 WLCF KC GR MIDDLE NEWAUKUM / B
Standalone
s398,158
(s205,000)
S48l
5z
(S4oo,ooo)
s150,000
Sloo,ooo
Sloo,ooo
So,
So
So
So,
SO
'o'
Sol
So
s398,158
(s2os,oo0)
s2se
s288,000
5200,000
(S4oo,ooo)
Slso,ooo
Sloo,ooo
Sloo,ooo
So
S¿e
Szss
88,000
s2oo,oooi
So
So
5o
So,
3160 Parks, Recreation and Open Space
3151" - Conservation Futures Levy Subfund
Project Numberl Project Name I rvrs-ro I rvrz-rs I rvrs-zo Total Budget
1046267 PKS DOCK REHAB N REMOVAL
: Project with Subprojects
$4B,zs7l
(S48,2s7),
So
So
so (s48,2s7)
So (548,2s71
3292 SWM CIP Non-bond
3160 - Parks, Recreation and Open Space
FY15-16 TYTT-T8 FY19-20 Total BudProject Numbe Project Name
1033882 WLER ECO RESTORE & PROTECT
Project with Subprojects
1034T77 WLER WRIAS ECOSYSTEM RESTORATN
Project with Subprojects
1034245 WLER WRIAg ECOSYSTEM RESTORATN
Project with Subprojects
],034280 WLER WRIAlO ECOSYSTM RESTORATN
Project with Subprojects
1047131]WLSWCDM DES MOINES CK BASIN
: Project with Subprojects
1048135 WLSWC SUPPORT TO OTHERS PROGRAM
, Pro¡ect with Subprojects
1114123JWLER PORTER LEVEE SETBACK
Standalone
3,000S1e
s193,3s4
(s321,lss)
s63,836
s64,3 19
(S678,204),
52,766,0r3
Sr,sg+,+ss,
So
So
5o
5o
So (sazr,tss¡
so s63,836
s193,ooo
S64,319i
(s1e3,3s4)
(Ssza,zo+¡
52,766,013
S1,894,455
So
So
SO
So
3310 Long Term Lease
3292 - SWM CIP Non-bond
Num FY15-16 FY17-L8 FY1,9-20 Total BuProProect Name
1039907 DES LTLF COPY CTR TRANSITION
Technical Adjustment/Close-Out request
7(s 5,2121 So (57s,2121
Created on:512512016 2:47:06 PM
So
Page 2 of 6
3310 - Long Term Lease
TotalFYt 9-20FY17-1"8FY15-16Proect NameNumberPro
(575,2t21 5o so (57s,2r21,
TotalNameFY15-16 FY17-18 tY19-20NumberPro
3380
3473
1028656 AD 7777 SfiE REMEDIATION
Technical Adjustment/Close-Out request
1028661 AD ARFF FACILITY IMPROVEMENT
Technical Adjustment/Close-Out request
1028663 Fire Truck Overhaul
Technical Ad¡ustment/Close-Out request
1028731 AD FACILITY SEC IMPROVEMENTS
Technical Ad¡ustment/Close-Out request
1.028733 AD TAXIWAY A REHABILITATION
Technical Adjustment/Close-Out request
1028849,4D EM ERGENCY GENERAÏORS
Technical Adjustment/Close-Out request
1120209 AD RESIDENÏIAL NOISE IMPROVE
Technical Adjustment/Close-Out request
II2222O AD GRND BASED AUG SYSTEM
Technical Adjustment/Close-Out reguest
1124683 AD NEW ARFF TACILITY
'Technical Adjustment/Close-Out request
(S140,086)
S5oo,ooo
(s371,915)
1544t,872],.
(52aa,a+o¡ r
(Sr22,rt4ll
$rr,794,218]|
(S5oo,ooo)
(s12,e81,690)
So
So
5o
So
So
So
So
S0,
So
So
So
So
So
So
So
so
So
So
SO
14s)8,5qz
Construction
so' (s140,086)
s5oo,ooo
(Sazr,srs¡
(544t,872],
(s283,340)
$tz2,tt4l
$tt,L94,2r9l
(s428,145)
(Ssoo,ooo),
(s12,981,690)
Radio Services CIP Fund
3380 - A¡rport Construction
Name FY15-16 tY1,7-1,8 FY19-20 TotalProNumberPro
7047316 KCIT Radio Tower Repair Work
, Technical Adjustment/Close-Out request
tÙ473t7 KCIT Southloop Microwave Repla
Technical Adjustment/Close-Out request
1116591 Sobieski Tower Repair
Technical Adjustment/Close-Out request
112L287 KCIT Radio System Planning
Technica I Adjustment/Close-Out request
(S60,901)
ßt22,4991
(S3¿,ogg),
(Sa+,ooo¡
(SEor,+¡g):
So
So
So
So
$o
SO
So
So
So,
So (S6o,eo1)
$722,499)
(Sr+,0:a¡
(S84,ooo)
(Slor,+aa¡
3581 Parks Capital Fund
3473 - Radio Services CIP Fund
FYL7-1.8 FY1"9-20 TotalFYL5-L6Proect Nameect Number Pro
1044835 PKS REGIONAL OPEN SPACE INITI
Project with Subprojects
lLl262t PKS South County Regional Tra
Project with Subprojects
I12L443 PKS M:TRAILHEAD DEV & ACCESS
Project with Subprojects
1121.500 PKS M:REG TRL SURFACE IMPR
Project with Subprojects
tt2l50t PKS M:DOCK REHAB PROGRAM
Project with Subprojects
1724834 PKS M. ERC ACQUISITION
Standalone
s27o,ooo
S2,525,000'
5t,rt3,478,
s3oo,ooo
50,
So
So
5o
So
So,
5o
$0,
So
So
So'
S270,ooo
Sz,525,ooo
51,1r3,47s
s300,000
548,257
(S638,770)
Page 3 of 6
So
257S48,
(So¡4,
Created on: 5 125 12076 2i47 iO6 PM
770)
3581 - Parks Capital Fund
TotalFY19-20FY17-18FY15-16PNameProect Numbe
364L
S3,617,96s $o s3,617,965
Pu blic Transportation U nrestricted
So
Pro Numbe FY15-16 tYLT-1.8 FY19-20 Total BuName
IT72QO7 TD DATA INFRASTRUCTURE REPL
Standalone
1116014 lnformation System Preservation
Project with Subprojects
tL24427 Replace Signal Priority Equipment
Standalone
LL24456 ORCA Replacement
Standalone
S824,ss9
5176,7s2
S4z2,rB7'
S40s,866
S1,833,394
SO
SO
SO
So
So
So S824,s89
5r76,7s2
5422,L87
s409,866
S1,833,394
So
So
SO
So'
3681 Real Estate Excise Tax (REET) #1
3641 - Public Transportatlon Unrestricted
Nu Pro Name FY1.5-16 tYtT-1.8 | rvrs-zo I total Budget
TT22223 PSB REET 1 TRANSFER TO 3581
Administrative
Slso,ooo
Slso,ooo
So
So
5o Slso,ooo
sol s150,000
3682 Real Estate Excise Tax (REET) #2
3681 - Real Estate Excise Tax (REET) #1
Pro Number Pro Name FY15-1,6 FY17-L8 FY19-20 | rotat Budget
1033537 PSB REET 2 TRANSFER TO 3160
Administrative
1033550 Transfer to Cities Annex
Technical Adiustment/Close-Out reguest
It22224 PSB REET 2 TRANSFER TO 3581
Administrative
(S48,2s7)
(Sloo,ooo¡
5t,161,73s,
5813,478
5o
5o
So
So
So (S+a,zsz¡
(S3oo,ooo)
Sr,ror,zgs
s813,478
So
5o
So
3691 Transfer of Development Credits Program
3682 - Real Estate Excise Tax (REET) #2
Pro Number Pro ect Name FY15-16 tYL7-t8 FY19-20 I rotat Budget
1115549 WLTD DOC Grant
Standalone
(S8s,1ss)
(S8s,1ss)
SO
So
So (Sas,rss¡
So (Sss,rss¡
377L OIRM CapitalFund
369L - Transfer of Development Credits Program
Pro ect Num Pro ect Name FY15-16 FYl-7-18 FY19-20 Total Budget
L028784 DDES Permit lntegration
Technical Adjustment/Close-Out request
t047288 KCIT Business Continuity
Technical Adjustment/Close-Out request
1047289 KCIT I nfo Security/Privacy
'Technical Adjustment/Close-Out request
l}472g3 KCIT Executive Office lT-Reorg
Technical Adjustment/Close-Out request
1047300 KCIT Employer Paid Benefits
Technical Adjustment/Close-Out request
Sz
,344l.7Ss
t,252
14,8825t
3
So
So
SO
So
so (ssz,s++¡
$o $z:r,zszl
So' (5172,165)
so (srz¡
So Srr+,saz
$t72,16s1,
(S:z¡
Page 4 of 6Created on: 5 / 25 / 2016 2:47 :06 P M
SO
Project Numberl Project Name I rvrs-ro I rvrz-ra I rvrs-zo Total Budget
1047301 KCIT Vacation Sick Holiday Oth
Technical Adjustment/Close-Out request
tI71657 DPH KCITJHS Medication Package
Technical Adjustment/Close-Out request
11.1.1965 KCIT Advanced SharePoint Hosti
Technical Ad¡ustment/Close-Out request
ttt5924 Elections Equipment Rplc
Technical Adjustment/Close-Out request
1116803,DPH KCIT PREV Life Events
Technical Adjustment/Close-Out request
1116899 Two-Factor Authentification
Technical Adjustment/Close-Out request
lll729l KCIT Bus Enpwr & User Mobility
Technical Adjustment/Close-Out request
1119229 Civic TV Program
Technical Adjustment/Close-Out request
l72O9I9 KCIT Bus Enpwr: Admin Bld Rwr
' Technical Adjustment/Close-Out request
1121286 PSB PROJECT INFO CENTER RPT
Technical Adjustment/Close-Out request
tt2l494 DOA Electronic Val Notice
Technical Adjustment/Close-Out request
t1220t8. KCIT WS Standardization
Technical Ad¡ustment/Close-Out request
1,t22t81DES PeopleSoft 9.2 Upgrade
Technical Adjustment/Close-Out request
1722184 DES Acquisitions DB Analysis
Technical Adjustment/Close-Out request
1122187 KCIT Secure Government Cloud
Technical Ad¡ustment/Close-Out request
It22l88 KCIT System Management
Technical Adjustment/Close-Out request
Il22L95 KCIT lBlS and BO Retirement
Technical Adjustment/Close-Out request
II2248Q AFIS Regional Mobile lD
Technical Adjustment/Close-Out request
s223,730
(izzs,+lt¡
Ss4,2oo
(Sa+o¡
(s124,599)
(s83,74s)
(s907,671)
(Sas¡
(s49,619)
(Srsz¡
(ss+,zrs¡
(Sos,sas¡
(s1,356,321)
(s6S,aSZ¡
(S9,5s3)
(S6,7e3)
(s267,931)
(Ss72,138)
(s3,882,220)
So
5o
5o
So
So
5o
So
So
5o
$o
So
5o
So
So
So
5o
5o
So
SO
So
So
So
5o
So
so
So
5o
So
SO
So
So
So
So
So
So
So
So
So
5223,730
(5225,4371
Ss4,2oo
(5:+o¡
(s124,se9)
(S8:,2+s¡
(ssoz,ozr¡
(s8s)
(s4s,61e)
(5rsz)
(ss+,zrs¡
(Sos,sss¡
(s1,356,321)
(S6e,4e7)
(Se,ss3)
(So,zsr¡
(Szat,szt¡
(Ss72,138)
(S3,882,220)
378r ITS Capital Fund
3771 - OIRM Capital Fund
Project Numberl Project Name I rvrs-ro tY17-18 | rvro-zo I total Budget
lO473O4 KCIT ITS Mainframe Replacement
Technical Adjustment/Close-Out request
7047306 KCIT Telecom Equipment Replace
Technical Adjustment/Close-Out request
1047603 KCIT ITS Equipment Replacement
Technical Adjustment/Close-Out reguest
1111931 KCIT Messaging Replacement
Technical Adjustment/Close-Out request
1111955 KCIT Desktop and Server R
Technical Adjustment/Close-Out request
(S1os,s2s)
(S206,s83)
(S287,888)
(s136,033)
s t7l776,5
So
So
So
So
So
So
SO
So
So
So
5o
5o
(s105,52s)
(s206,e83)
(5776,5t7l|
(S287,888)
(s136,033)
(s1,512,946)
Page 5 of 6
3781 - ITS Capital Fund
Created on : 5 l2S / 2OL6 2:47 i06 PM
(s1,512,946)
Total BudgetFY19-20FY17-18FY15-16Name
3850 Renton Maintenance Facilities Construction Fund
Nu Name I rvrs-ro I rvrz-rs I rvro-zo I rotat Budget
TTTTITT RSD FACILITIES MASTER PLAN
Administrative
(S43,s84)
(S43,s84)
SO
So
so (s43,s84)
5o (S43,s84)
3860 County Road Construction Fund
3850 - Renton Maintenance Facilities Construction Fund
FY15-16 FY17-18Name FY19-20 | rotat Budget
L026798 RSD EMERGENT NEED-EXISTING PROJECTS
Administrative
TTT5LL4 RSD AVONDALE ITS PHASE 2
Standalone
(S1,251,750)
(5278,761)
(s1,530,511)
So
SO
$o
So (S1,2s1,7s0)
So, (5278,7611
so (s1,s30,s11)
3951 Building Repair/Replacement Sub Fund
3860 - County Road Construction Fund
P Numbe Name FYl"5-16 tY1,7-1"8 FY19-20 | rotat Budget
LO3927T DES FMD KCCF 7TH FLOOR YARDOUT
Technical Ad¡ustment/Close-Out request
1.040825 DES FMD CAMERA RECORDING SYS
Technical Ad¡ustment/Close-Out request
].11,3095 DES FMD YSC INT ACCESS CONTRL
Technical Adjustment/Close-Out request
Ltl7994 DES FMD YSC Fire Exiting
Technical Adjustment/Close-Out request
LT2I767 DEs FMD YB CCAP CORRIDOR SEC
Technical Adjustment/Close-Out request
T12T769 DES FMD KCCF LOBBY STAFF ENTRY
Technical Adjustment/Close-Out request
II24754 MRJC Court Detail Door Security
Technical Adjustment/Close-Out request
1125015 DES FMD YESLER B EXHAUST RELOC
Standalone
t129340 DES FMD rTA COURTROOM (2)
Standalone
Grand Total
(52,2+t¡,
(s23,4s9)
(Sss, rsa¡
5238,223
5428,641
{s11,724000)
s
(Ss
20,625
8,238)
1)7
5,049)Ss
s369,659
5o
So
So
5o
So
So
So
So
So
So
So
So
So
So
So
So
So
SO
So'
So
$z,z+t¡'
(s23,459)
(5as,rsa¡
(Szo,ozs¡
(s3S,238)
$4,47t\
(Sss,o4e)
5238,223
S369,6s9
So Sqza,çqt
So (S11,724000)
5q,q
3951. - Building Repair/Replacement 5ub Fund
Created on : 5 / 25 / 2016 2:47 :06 P M Page 6 of 6
KlngCour*y
Proposed No.2016-0458.1 Sponsors Dembowski
1 AN ORDINANCE authorizing the King County executive
2 to enter into amendments to interlocal cooperation
3 agreements with the cities of Bothell, Kent and Renton to
4 disburse conservation futures tax levy moneys appropriated
5 under the 201512016 Biennial Budget Ordinance,
6 Ordinance 1794I, Section 129, as amended by Ordinance
7 18319, Sections 38 and 39.
8 STATEMENT OF FACTS:
g 1. King County conservation futures tax levy funds are collected
10 throughout King County as a dedicated portion of the property tax for the
tt acquisition ofopen space and resource lands.
Iz 2. Ordinance 14714 established procedures for the annual allocation of
13 conservation futures tax levy funds, which directs the conservation futures
14 citizens committee to make funding recommendations to the King County
15 executive to consider for inclusion in the annual budget ordinance.
1.6 3. The executive has received and considered the conservation futures
t7 citizens committee funding recommendations and has included them in
18 Ordinance 1 83 1 9, Sections 3 8 and 3 9, in which the King County council
KING COUNTY
Signature Report
December 13, 2016
Ordinance 18430
1200 King Çounty Courthouse
516 Third Avenue
Seattle, WA 98104
L
Ordinance 18430
19
20
2T
22
23
24
25
26
27
28
29
30
31
appropriated conservation futures funds to the city open spaae projects
listed and described in Attachment B to this ordinance.
4. King County must sign conservation futures interlocal cooperation
agreements or amend existing conservation futures interlocal agreements
to disburse funds to the particular jurisdictions.
5. King County and the cities are authorized to enter into an interlocal
agreement under chapter 39.34 RCV/, the Interlocal Cooperation Act.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County executive is hereby authorized to enter into, and
execute amendments to, interlocal cooperation agreements with the cities of Bothell,
Kent and Renton, containing language, substantially similar to that in Attachment A to
this ordinance, necessary for the disbursement of conservation futures tax levy funds
appropriated under the201512016 Biennial Budget Ordinance, Ordinance I794I, Section
2
Ordinance 18430
32
33
34
I29, as amended by Ordinance 18319, Sections 38 and 39, for the city open space
projects listed and described in Attachment B to this ordinance.
Ordinance 18430 was introduced on 912612016 and passed by the Metropolitan King
County Council on 1211212016, by the following vote:
Yes: 9 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr. Dunn,
Mr. McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl-V/elles
and Ms. Balducci
No:0
Excused: 0
KING COUNTY COUNCIL
KING COLTNTY, V/ASHINGTON
Chair
ATTEST:
J
"^ffuI Ann^t l,rrh'-*
-Ì: SÌ
L, ) ct\È+t.3_5ã
r¡-j ()*t¡l 9ì h-<:r) I | !
[j-3ì¡\:F c.) lliS;crrS
Melani P edr oza,Acting Cle¿ri of t(e Council
APPROVED ttis lc, O^r"w 16.
Dow Constantine, County Executive
Attachments: A. Amendment to the Conservation Futures Interlocal Cooperation Agreement Between
King County and the City of _ for Open Space Acquisition Projects, B. Conservation Futures
(CFT) Project Descriptions
3
Attachment A
AMENDMENT TO THE CONSERVATION F'UTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF'-
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and
certain suburban cities. This amendment is entered into to provide for the allocation of
additional funds made available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF and
KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties on the day of (Month),
(Year), as previously amended.
The parties agree to the following amendments:
Amendment 1 : Article I. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures
Levy Fund allocation for the Acquisition, and hereafter reads
On 20r the King County Council passed Ordinance whicha
appropriated a total of ($in Conservation Futures Levy
proceeds to the City of for the acquisition Project. On
201_The King County Council passed Ordinance
authorizing the King County Executive to enter into interlocal agreements with
the City for the disbursement of Conservation Futures Funds
appropriated in Ordinance
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment _, which lists a 201_
Conservation Futures Levy Allocation for the
project.
Acquisition
Amendment 3: Article VII. Responsibilities of Countv
The first two sentences of this article are amended to include references to Attachment
_, which lists a 201_ Conservation Futures Levy proceeds allocation for the
Acquisition Project:
Subject to the terms of this agreement, the County will provide
Conservation Futures Levy Funds in the amounts shown in Attachments A
1 8430
Attachment A
through _, to be used for the Projects listed in Attachments A through
The City may request additional funds; however, the County has no
obligation to provide funds to the City for the Projects in excess of the
total amounts shown in Attachments A through _. The County assumes
no obligation for the future support of the Projects described herein except
as expressly set'forth in this agreement.
AMENDMENT 4: Attachment _
The Attachments to the interlocal agreement are hereby amended by adding Attachment
_, which is hereby attached to the interlocal agreement, incorporated therein and made a
part thereof.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COIINTY CITY OF
Dow Constantine
King County Executive Mayor
Date:Date:
Acting under the authority of
Ordinance
Approved as to form:
Dan Satterberg
King County Prosecuting Attorney
Acting under the authority of
Ordinance
Approved as to form:
City Attorney
1 8430
Attachment A
EXHIBIT
201- CONSERVATION FUTURES LEVY
CITY OF ALLOCATION
Jurisdiction Project Allocation
(l.trame (Project Name)$
TOTAL $
Project Description:
City of _ (Project Name) $
1 8430
Attachment B
Conservation Futures (CFT) Project Descriptions
Suburban Cify CFT Projects:
1047239 Bothell - North Creek Forest
2016: $200,000 is reallocated to this project from other uncompleted CFT projects to help meet
an acquisition funding shortfall.
1126727 Kent - CIarkLake
2016: $150,000 is reallocated to this project from other uncompleted CFT projects to meet an
acquisition funding shortfall to complete the purchase of the 5.5-acre Walla property, one of the
last inholdings in Clark Lake Park.
1123819 Renton -May Creek
2016: $288,000 in additional funds are reallocated to this project from another uncompleted CFT
project to help meet an acquisition funding shortfall.
1 8430
Agenda Item: Consent Calendar – 7M_
TO: City Council
DATE: November 21, 2017
SUBJECT: Consultant Services Agreement with Berger Partnership for West
Fenwick Park Renovation Design – Authorize
SUMMARY: The Berger Partnership was selected through an Request For
Qualifications process to complete the design for and provide construction oversight of
the West Fenwick Park Renovation phase II. The total budget for the project is
expected to be $2,075,000. The project will include constructing a new destination
playground, futsal court, picnic shelters, and renovating irrigation, pathway lighting,
and other necessary improvements.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Parks and Human Services Committee
YEA: Budell, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: Revenue and expense impact to the West Fenwick Park
Renovation Phase II budget.
MOTION: Authorize the Mayor to sign a consultant services agreement with
Berger Partnership, in an amount not to exceed $215,298.00, for design and
construction oversight of the West Fenwick Park Renovation Phase II,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Berger Partnership PS
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Berger Partnership organized under the laws of the State of Washington,
located and doing business at 1721 8th Ave. North, Seattle, WA 98109 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, consultant shall provide design services for the West
Fenwick Park Renovation Phase II project, including pre-design work, bid assistance,
construction documents and construction observation.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$215,298.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Andrew Mitton
Berger Partnership
1721 8th Ave. N.
Seattle, WA 98109
206-325-6877 (telephone)
andym@bergerpartnership.com
NOTICES TO BE SENT TO:
CITY OF KENT:
Brian Levenhagen
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5116 (telephone)
bjlevenhagen@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
P:\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2\Berger CD's\WF Reno PhII Design-Berger-CONTRACT
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Landscape Architecture
Urban Design
Berger Partnership PS
1721 8th Ave N
Seattle, WA 98109
206 325 6877
bergerpartnership.com
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
220 Fourth Ave. S.
Kent, WA 98032
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Dear Brian:
We are pleased to provide you with this fee estimate for the West Fenwick Park
Improvement project. The following outlines our proposed landscape architectural
services, including all subconsultants, with each phase of service described and a
corresponding fee assigned. In addition to this narrative, the attached task worksheet
details tasks to be completed, schedule, deliverables and tasks performed by
subconsultants. This fee proposal is based on our negotiations with you and the
assumptions that we have detailed herein and in the attached worksheet.
Design Team
We have assembled a team of very qualified professionals to assist with the preparation
of drawings, specifications, and estimates of probable construction costs for each
aspect of park design. The team will be led by Berger Partnership, with Stephanie
Woirol as the project manager and main contact point for all information between the
client and each team member. Andy Mitton, as principal-in-charge, will lead the public
facilitation process and oversee site design. Our team will be supported by a talented
team of subconsultants who will assist with technical documentation and code
compliance for the project. Design team members include:
KPFF Consulting Engineers - Civil Engineer, David Schwartz
Civil site design, grading, drainage, frontage improvements, paving, temporary
erosion and sedimentation control (TESC), parking and permitting support.
KPFF Consulting Engineers - Site Survey, Jereme Chapman
Support the design team with additional site survey information to supplement
the existing survey completed by the city. Scope is assumed to be an
allowance as indicated in the fee estimate worksheet.
Associated Earth Sciences (AESI) – Geotechnical Engineering, Bruce Blyton and
Jeff Laub: Geotechnical recommendations related to site soils matrix,
maximum cut slopes, site grading, paving profiles and picnic shelter design
recommendations. If required by code, they will perform their Phase 2 scope
related to site infiltration to satisfy stormwater drainage code requirements.
EXHIBIT A
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 2 of 8
Mazzetti+GBA - Electrical Engineering, Jay Jack and Jon Krombein
Provide electrical upgrades to re-energize existing site lighting, study fixture
types and make long-term maintenance recommendations, and provide power
to the new picnic shelters. Includes study of existing light levels at the parking
lot for afterhours use.
Two Four Two Six - Irrigation Design, Jason Anderson
Irrigation design and coordination of a booster pump for field irrigation.
Task 1: Pre-Design
Work in this phase includes those tasks identified on the attached task worksheet and
as noted in the assumptions in this fee estimate:
1. This phase of work is assumed to be two months in duration starting in January
and ending in February 2018.
2. The purpose of this phase is to perform a detailed inventory and analysis that
will inform what the opportunities and constraints are for the project. This phase
will conclude with the first public workshop. Scope associated with pre-design
includes the following:
a. Hold a kick-off meeting at the city. This phase includes up to three
meetings, including the kick-off meeting.
b. Inventory and analysis phase: Review existing documents available from
the city and identify if additional information is needed.
c. Coordinate with local water utility to confirm working water pressure at the
site (78 PSI) is adequate to support turf rotors at the playfield. Design work
includes coordination of a booster pump. Confirm with electrical to
accommodate within existing electrical panel.
d. Electrical Engineering team to make recommendations on light levels at
parking lot and review existing pedestrian light fixture types for possible
upgrades.
e. Define opportunities and constraints: Prepare quantifiable metrics and
graphics that will support the decision making process. Intent of this phase
is to identify needs and determine associated costs with desired program
elements to vet how they fit within the project budget.
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 3 of 8
f. Assist the city with preparation of plans and graphics for an open house
workshop pertaining to proposed improvements to the park toward the end
of February. Includes coordination with the city to discuss open house
location and strategy.
g. Begin site survey scope to pick up additional field information to support
design efforts identified during pre-design.
h. Engage Geotechnical site observations (Phase 1) to support design and
permit documentation. Determine if Phase 2 infiltration support is needed
to meet local stormwater code requirements.
3. For deliverables in this phase, see attached task worksheet.
Task 2: 30% Construction Documents/SEPA support
Work in this phase includes those tasks identified on the attached task worksheet and
as noted in the assumptions in this fee estimate:
1. This phase of work is assumed to be two months in duration starting in March
and ending in April 2018.
2. The purpose of this phase is to develop 30% design plans to better define
project scope and permitting strategy. Includes submitting the SEPA checklist.
3. Scope associated with preparation of 30% design includes the following:
a. Attend one meeting in Kent and two meetings in Seattle to review progress
and discuss key project elements.
b. Prepare preliminary site layout plans based on feedback from the city on
pre-design review comments.
c. The city will develop a project level SEPA checklist with support from the
design team as needed.
d. Attend an early guidance permit meeting with city planning department.
e. Coordinate work with vendors for selected site elements such as play area
equipment and picnic shelter vendors.
f. Prepare 30% design plans.
g. Prepare a preliminary cost estimate.
h. Prepare outline specifications.
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 4 of 8
i. Hold an open house toward the end of April to update the community on
progress of park development. Includes coordination with the city to
identify open house location and strategy.
4. For deliverables in this phase, see attached task worksheet.
Task 3: 60% Construction Documents/Land-Use Permit
Work in this phase includes those tasks identified on the attached task worksheet and
as noted in the assumptions in this fee estimate:
1. This phase of work is assumed to be two months in duration starting in May
and ending in June 2018.
2. During this phase of work, the 30% plans will be refined based on review input
from various city departments. Additional meetings will be held to understand
code required plan elements.
3. Scope associated with preparation of 60% design includes the following:
a. Review 30% plans with city and address all comments from parks staff to
ensure the project meets department goals and specifications.
b. Integrate public input comments into the design plans.
c. Attend up to two working meetings with the city and three meetings with
the design team.
d. Attend a pre-application meeting with associated city permitting
departments to understand land-use and building permit process and
required elements.
e. Coordinate with the design team to fully integrate all design elements into
the plan set including all stormwater requirements, grading and utility work,
electrical upgrades and irrigation.
f. Coordinate required elements with product vendors and finalize elements
to help inform the next phase of work.
g. Refine the probable cost of construction and begin developing project
specifications.
4. For deliverables in this phase, see attached task worksheet.
Task 4: 90% Construction Documents/Permitting
Work in this phase includes those tasks identified on the attached task worksheet and
as noted in the assumptions in this fee estimate:
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 5 of 8
1. This phase of work is assumed to be four months in duration starting in July
and ending in October 2018.
2. Work associated with this phase will coordinate necessary technical aspects of
the project to submit for all associated building and site related permits within
Kent.
3. Scope for this phase includes:
a. Attend various meetings with the city to coordinate all aspects of the
project.
b. Review 60% plans with the city and address all comments from parks staff
to ensure that the project meets department goals and specifications.
c. Attend up to two meetings with the design team.
d. Prepare permit ready plans for submittal to required city permit agencies in
early August.
e. Respond to city permit comments and make required plan revisions to
complete the review cycle.
f. Compile a final 90% plan set for final review by the city.
g. Finalize the probable cost of construction and specifications for review
prior to bidding the project in the next phase.
4. For deliverables in this phase, see attached task worksheet.
Task 5: Bid Assistance
Work in this phase includes those tasks identified on the attached task worksheet and
as noted in the assumptions in this fee estimate:
1. Phase is assumed to be from January 2019–February 2019. (2 months)
2. During this phase, we will incorporate any final comments or corrections and
prepare a bid ready set for distribution to the city’s procurement office. We will
also assist the city with the following tasks during the bid phase:
a. Finalize the bid set plans and specifications for distribution and advertising.
b. Attend a pre-bid meeting.
c. Provide responses to any contractor questions that arise.
d. Prepare any required addenda materials needed to clarify the project
scope.
3. For deliverables in this phase, see attached task worksheet.
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 6 of 8
Task 6: Construction Observation
Berger Partnership will provide construction observation services while your project is
being constructed. The purpose is to check that the contractor’s work is consistent with
the construction documents and the design intent.
1. Phase is assumed to be from April 2019–November 2019. (8 months)
2. Our services will include checking the contractor’s submittals of samples, site
visits to observe the progress of the work, preparation of construction
observation reports noting progress as well as aspects of work requiring
correction, and review of the contractor’s pay requests.
3. We will assist you in running weekly construction meetings to track the
progress of construction.
4. Our work will include attending a pre-construction meeting, one punch list walk
through and one back punch walk.
5. Post construction will include the following:
a. Preparation of record drawings based on contractor’s as-built drawings.
Meetings
External meetings such as meetings with various city entities and permit agencies are
identified on the attached task worksheet.
Assumptions
We have made the following assumptions:
1. Berger Partnership will be responsible for leading meetings as required and will
provide meeting summaries of key issues and themes shaping the design.
2. This proposal assumes a project SEPA checklist will be completed for the
project but assumes a full EIS process will not be triggered. The city will lead
this task with support from Berger as needed.
3. A site survey has been performed by the city and will be provided to the project
team. Additional areas where information is needed will be provided by KPFF
Consulting Engineers and is included in the scope and fee as a not to exceed
allowance.
4. Additional background information from past projects on site will be provided
to the design team by the city. This includes as-built documents, geotechnical
reports and other information as available.
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 7 of 8
5. No public art is anticipated in the scope at this time. We will work with the city
to determine how the existing public art can be accommodated into the site
design. Any coordination with the artist is not anticipated as part of this scope
and fee.
6. Frontage improvements will be reviewed as part of the pre-design work to
determine if the planning department has any required thresholds that would
trigger improvements. Fees for this work will be negotiated with you once the
scope of work is known.
7. Fees for the required permits are not a part of the construction bid and are
assumed to be paid by the city.
8. Specifications will be in CSI format. Front-end documents (Divisions 0 & 1) will
be provided by the city. If these documents are not available, we can discuss
options to proceed.
9. The project will be bid through the city’s contracting department.
10. The project will be constructed outside the wet weather extension period, and
no special permits will be needed for construction.
11. NPDES permit will be obtained by the contractor and is not included in this
scope and fee.
12. Post construction services do not include a one-year warranty review and
report or a one-year maintenance evaluation and report. If this is desired, we
will submit additional fees to you for approval prior to providing the service.
13. The fee agreement is primarily a lump sum fee billed monthly for percentage
completed
Landscape Construction Budget
We understand the total project budget to be $2 million. We will work with you to
allocate construction contingency as well as determine possible bid alternates to
ensure the project is within budget as the project progresses.
EXHIBIT A (Continued)
11.6.17
Brian Levenhagen
Kent Parks, Recreation and Community Services
Proposal for Landscape Architectural Services – West Fenwick Park Improvements
Page 8 of 8
Fees
Based on the scope of services identified at this time, we have established a fee for
landscape architectural services as follows:
Berger Partnership $105,995.00
Subconsultants (+10% markup) $88,759.00
Reimbursable expenses $1,800.00
Sub Total $196,554.00
AESI Phase 2 Geotechnical allowance
(if required by storm water permit review) $18,744.00
Grand Total $215,298.00
Fees will be billed monthly based upon the percentage of work completed. This
percentage will be based on hours, milestones and deliverables. Services beyond
those noted in this proposal will be billed as additional services on an hourly basis (as
identified in the attached task worksheet) or lump sum fees can be negotiated.
The hourly rates for the people involved on our team at this time include:
Principal $185.00 per hour
Associate $145.00 per hour
Project Manager $120.00 per hour
Landscape Designer $95.00 per hour
Administrative Staff $70.00 per hour
We are excited about this opportunity to continue working with you and the community
to improve the overall park experience at West Fenwick Park! We look forward to
address any questions or additional information you may need in reviewing this fee
estimate. Should your understanding be any different from ours, please notify us
immediately.
Sincerely,
Berger Partnership PS
APPROVED:
Andy Mitton
Principal, Landscape Architect
Date
EXHIBIT A (Continued)
Fee Estimate Worksheet Date Last Revised:11.6.17
Project: West Fenwick Park
Principal PM LA Staff Admin
AM SW CG Total
Task 1: Pre-Design (8 weeks - January and February 2018)
Inventory & Analysis
Project kick-off meeting (all team)4 8 $1,700.00
Review documents 2 12 $1,810.00
Opportunities & Constraints
Meetings with city (2 total, 1 held in Seattle)6 6 $1,830.00
Prepare site plans & support images / graphics for
public workshop (define project program)
4 32 $4,580.00
Public meeting #1 (City to facilitate @ end February)0 0 $0.00
Pre-Design Total 16 58 0 0 $9,920.00
Task 2: 30% Construction Documents/SEPA (8 weeks - March and April 2018)
Meetings with city (3 total, 2 held in Seattle)8 8 $2,440.00
Prepare preliminary site layout plans 2 24 $3,250.00
Early permit guidance mtg with city 4 8 $1,700.00
Product selection & vendor coordination 24 $2,880.00
Prepare 30% design plans 6 32 $4,950.00
Prepare preliminary cost estimate 12 2 $1,580.00
Prepare outline specifications (CSI format)2 4 2 $990.00
Support city with SEPA project checklist 0 4 0 $480.00
Prepare graphics for public workshop 2 16 $2,290.00
Public meeting #2 (April)4 4 $1,220.00
Construction Documents/SEPA Total 28 136 0 4 $21,780.00
Task 3: 60% Construction Documents/Land-Use Permit (8 weeks - May and June 2018)
Review 30% plans with city & address comments 4 12 $2,180.00
Integrate public input comments 1 16 $2,105.00
Working meetings with city (2)6 6 $1,830.00
Working meetings with team (2)4 4 $1,220.00
Pre-application mtg with city 4 4 $1,220.00
Stormwater/grading/electrical coordination 2 18 $2,530.00
Coordinate vendor related items 12 $1,440.00
Prepare 60% design plans 6 32 $4,950.00
Refine 60% cost estimate 1 8 2 $1,285.00
Prepare 60% specifications 2 8 4 $1,610.00
Construction Documents/Land-Use Permit Total 30 120 0 6 $20,370.00
Task 4: 90% Construction Documents/Permitting (4 months - July through October 2018)
Review 60% plans with city & address comments 6 12 $2,550.00
Meetings with team (2)6 6 $1,830.00
Prepare permit ready plans for submittal early Aug.2 24 $3,250.00
Respond to permit comments / 2 correction cycles 2 24 $3,250.00
Compile 90% plans for parks dept. review 2 24 $3,250.00
Refine cost estimates 1 8 2 $1,285.00
Refine specifications 8 4 $1,240.00
Construction Documents/Permitting Total 19 106 0 6 $16,655.00
EXHIBIT A (Continued)
Fee Estimate Worksheet Date Last Revised:11.6.17
Project: West Fenwick Park
Principal PM LA Staff Admin
AM SW CG Total
Task 5: Bid Assistance (2 months - January and February 2019)
Finalize bid set for printing & advertise 2 24 $3,250.00
Finalize specifications (Divs. 0 & 1 - 33)6 8 12 $2,910.00
Pre-bid meeting 4 4 $1,220.00
Answer contractor questions & issue addenda 12 $1,440.00
Bid Assistance Total 12 48 0 12 $8,820.00
Task 6: Construction Observation (8 months - April and November 2019)
Pre-construction meeting (1)4 4 $1,220.00
Weekly meetings & reports (32 meetings) 24 128 $19,800.00
Submittals, RFIs, Change orders 2 16 8 $2,850.00
Punch list (1 visit)4 4 $1,220.00
Back punch (1 visit)4 $480.00
Post construction (O&M manuals, etc.)24 $2,880.00
Construction Observation Total 34 180 0 8 $28,450.00
Project Totals (Berger)139 648 0 36 $105,995.00
Subconsultants
KPFF Consulting Engineers (Civil & Structural Engineering)$40,100.00
KPFF Consulting Engineers (Survey allowance)$8,000.00
Mazzetti (Electrical Engineers)$10,250.00
Studio 2426 (Irrigation)$12,000.00
AESI Phase 1 (Geotechnical Exploration)$10,340.00
Subconsultant Total $80,690.00
Reimbursable Expenses (Berger)$1,800.00
10% Mark-up Subconsultants $8,069.00
Sub Total $196,554.00
AESI Phase 2 (If required through permitting)$17,040.00
10% Mark-up Subconsultants $1,704.00
Grand Total $215,298.00
EXHIBIT A (Continued)
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
2. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $4,000,000
general aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also 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. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Agenda Item: Consent Calendar – 7N_
TO: City Council
DATE: November 21, 2017
SUBJECT: 2018 Water Treatment Chemical Supply Contract with JCI Jones
Chemicals, Inc. – Authorize
SUMMARY: The City annually advertises for water treatment supply chemicals to
ensure a consistent cost for budget planning. The use of these chemicals is
required to produce drinking water quality that meets state and federal regulations
for drinking water standards.
The treatment chemicals are used to treat potable drinking water which is provided
to the City’s water customers. Gas chlorine is used to disinfect the water supply
and protect it from contamination; Sodium Hydroxide is used in the water system
as a pH adjustment for corrosion control.
EXHIBITS: Contract Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: There is no unbudgeted fiscal impact as this is an annual cost
planned for in the Water Utility operating budget.
MOTION: Authorize the Mayor to sign the 2018 Water Treatment Chemical
Supply Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and
25% Sodium Hydroxide, in an amount not to exceed $120,505.00, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
This page intentionally left blank.
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
JCI Jones Chemicals, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of New York,
located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274-0104,
Contact: Michelle Trammell (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall supply the City of Kent Water Department with water treatment chemicals
(bid item 1, 2, 3, 4, 5, 10, 11, and 13) according to the bid proposal submitted October 24,
2017, which is attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2018.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Twenty Thousand, Five Hundred Five Dollars ($120,505.00), including applicable Washington State Sales
Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor
the following amounts according to the following schedule:
Compensation of up to $120,505.00 is based on an estimate annual need. Actual need may
vary as follows:
Item 1: zero to 6 tons
Item 2: zero to 5 tons
Item 3: zero to 1,500 lbs.
Item 4: zero to 600 lbs.
Item 5: zero to 300 lbs.
Item 10: zero to 96,000 gals.
Item 11: zero to 12,000 gals.
Item 13: zero to 8,000 gals.
Therefore, actual compensation will be between $0 and $120,505.00 and be based on the
exact quantity of chemicals ordered by the City.
The payment terms shall be net 30 days after submittal of invoice.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Michelle Trammell
JCI Jones Chemicals, Inc.
1919 Marine View Dr.
Tacoma, WA 98422
(253) 274-0104 (telephone)
(253) 274-0733 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
JCI - 2018 Water Chemicals/Cunningham
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the
following fees:
Bidder'sName: \]Cf Joi^rc Chunicals,Anc
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItem Estimated
Annual
Usage
6
TONSX
Bid
Unit
1
TON CONT
Unit
Prices
Total
1 Chlorine Gas in One-Ton Containers
FOB Clark Springs
$ (,l5,DD $ tosD, oc
>r qlS
Total $4,c50 oo
xEstimated annual need is 6 tons. Actual need may vary.
'..lLl JFnn 0ll',rn ruL,\:t c
Company Submitting Proposal
n^rAL,rA//'l
orized Signature
Note: Contractor must submit a firm proposal for the contract term(s),
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the
following fees:
Bidder.sName: <jCr Jorws tho,m^rcAls,W
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionftemEstimated
Annual
Usaoe
5
TONS*
Bid
Unit
Unit
Prices
Total
2
F531ffi,"s;.11;""
ton containers io*.o*, Ewhcc $ b?13,ao
xpL,r,ts fin nlCnfifniw( r{enrit
3t31acDTotal $
xEstimated annual need is 5 tons. Actual need may vary.
lnc.
Company Su mitting Proposal
orized Signature
Note: Contractor must submit a firm proposal for the contract term(s).
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the
following fees: f
Bidder's Name: ll0l ,IcnUr C,bUni,tCn\s,:InC.
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItemEstimated
Annual
Usaqe
1,500
LBSX
Bid
Unit
Unit
Prices
Total
3 Chlorine Gas in 150 Lb. Containers
FOB East Hill Well
$3'25,DC $3,Zfl,OO150
. LB CYL.* Prus $ (oo
3r%D,uD
tNlulVY{
Total $
xEstimated annual need is 1,500 lbs. Actual need may vary
r-JCl^. fDrus ljrrcrn, a\J-nc
Company Submitting Proposal
thorized Signature
n
Note: Contractor must submit a firm proposal for the contract term(s),
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1,1 & 1.6) for the
following fees:
Bidder's Name: JOf iJurrrrg C-lvrn,ra\s;lltc
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItemEstimated
Annual
Usaqe
600
LBSX
Bid
Unit
Unit
Prices
Total
4 Chlorine Gas in 150 Lb. Containers
FOB Armstrong Springs Well #1
$3;2\,CO $ l,zDO.00150
LB CYL.
*PLug $oo,hM,tnedd
DOTotal $
xEstimated annual need is 600 lbs. Actual need may vary
JC-,I $r,rs 0h"'n, rn\.,Tnc
Company Submitting Proposal
C ),t,trl.rJt lit Qnyv,,tvtdl\frtho.''ted Signature
Note: Contractor must submit a firm proposal for the contract term(s),
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the
following fees:
Bidder.sName: JOf -Icrtzs C\\axn"tcdls, lnc
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItemEstimated
Annual
Usaqe
300
LBSX
Bid
Unit
Unit
Prices
Total
5 Chlorine Gas in 150 Lb. Containers
FOB Seven Oaks Well
$"jft,cD$wpm150
LB CYL.
S rco.oc
b50
W^\MT
Total $
xEstimated annual need is 300 lbs. Actual need may vary
Jof. lbws Cjurnr cnlg,lnc
Company Submitting Proposal
r*,ili
Authorized Signature
Note: Contractor must submit a firm proposal for the contract term(s).
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the
following fees:
Bidder.sName: JOf Jornz-s Cj,1/n,tcAl';Jnc.
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItem Estimated
Annual
Usaqe
Bid
Unit
Unit
Prices
Total
10 96,000
GALSX BULK GAL.
Total $
xEstimated annual need is 96,000 Gals. Actual need may vary
25olo Sodium Hydroxide in
4,000 Gal. Deliveries
FOB Pump Station #5
$o,qb $8q,280.CC
8q QEo oo
JCI'-Io^ts C-,lu"nr ul\,T{Y
Company Submitting Proposal
t ,W\ilJL'-\nnvwrrril)
Authorized Signature
Note: Contractor must submit a firm proposal for the contract term(s).
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the
following fees:
Bidder's Name: JOf 'J-OinnS Ol*fniCn!,jnc
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItem Estimated
Annual
Usage
11 12,000
GALSX
Bid
Unit
BULK GAL.
Unit
Prices
Total
25olo Sodium Hydroxide in
4,000 Gal. Deliveries
FOB East Hill Well
$ O flb $ [[,lt D.oo
It, tbo 0cTotal $
xEstimated annual need is 12,000 Gals. Actual need may vary.
JCf aJ a^os Llt,,,rx cA\,jnc
Company Submitting Proposal
uthorized Signature
Note: Contractor must submit a firm proposal for the contract term(s).
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the
following fees:
Bidder.s Name: af[r JDrnCIs Lhr.vi ca\*jnc.
WATER TREATMENT CHEMICAL SUPPLY FOR 2018
PROPOSAL FORM
DescriptionItem Estimated
Annual
Usage
13 8,000
GALSX
25olo Sodium Hydroxide in
4,000 Gal. Deliveries
FOB Guiberson Corrosion Facility
$ 0 gb $\,4tJc,oD
Y,440,n
Bid
Unit
BULK GAL,
Unit
Prices
Total
Total $
xEstimated annual need is 8,000 Gals. Actual need may vary.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also 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. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
This page intentionally left blank.
Agenda Item: Consent Calendar – 7O_
TO: City Council
DATE: November 21, 2017
SUBJECT: City of Kent Water System Plan Extension Request to Washington State
Department of Health – Authorize
SUMMARY: The Water System Plan (Plan) is required to be developed by all
municipal water purveyors pursuant to guidelines and standards promulgated by
the Washington State Department of Health. The Plan will provide a detailed
overview of the Kent Water System including current storage needs, demand, and
conveyance capacity. It will describe future water system demand based on growth
predictions and will identify system improvements that may be necessary.
Public Works staff is currently working with a consultant to complete the 2018 Kent
Water System Plan. Due to the extensive data collection and modeling required as
part of preparing the Plan, we anticipate that the final plan will not be completed
until late 2018. At the request of the Washington State Department of Health, we
are submitting an official extension request.
EXHIBITS: Extension Request Letter from RH2 Engineering, Inc., and letter from
Mayor Cooke endorsing the Water System Plan extension request
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY: N/A
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to approve a two-year extension request for
the Kent Water System Plan, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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10/26/17 11:17 AM Z:\BOTHELL\DATA\KEN\117-100\WSP EXTENSION LETTER\LTR TO R RODRIGUEZ RE WSP EXTENSION REQUEST.DOCX
RH2 ENGINEERING, INC.
www.rh2.com
mailbox@rh2.com
1.800.720.8052
WASHINGTON LOCATIONS
BOTHELL
MAIN OFFICE
22722 29th Drive SE, Suite 210
Bothell, WA 98021
BELLINGHAM
EAST WENATCHEE
ISSAQUAH
RICHLAND
TACOMA
OREGON LOCATIONS
PORTLAND
MAIN OFFICE
6500 SW Macadam Ave. Suite 125
Portland, OR 97239
MEDFORD
October 26, 2017
Mr. Richard Rodriguez
Regional Planner
Washington State Department of Health
Northwest Regional Office
20425 72nd Avenue South, Suite 310, K17-12
Kent, WA 98032-2358
Sent via: Email and US Mail
Subject:
City of Kent Water System Plan – Approval Extension Request
Water System ID No. 381501
Dear Mr. Rodriguez:
On behalf of the City of Kent (City), RH2 Engineering, Inc., (RH2) is requesting a 2-year
extension for the City’s 2011 Water System Plan (WSP) approval. In 2011, the City’s
WSP was approved for a 6-year term. Since then, there have not been any significant
changes that were not already documented in the 2011 WSP, and the projects and growth
presented in the current WSP are still accurate projections of the City’s current planning
efforts.
SYSTEM CAPACITY
Demand
The City’s annual water demand between 2011 and 2016 has been less than the projected
demand in the City’s WSP for each corresponding year, both with and without savings
projected from the City’s Water Use Efficiency program. Table 1 shows the difference
between the annual demand projections in the 2011 WSP, both with and without water use
efficiency (WUE), and the actual system demand for the years 2011 through 2016. The
projected demand volumes are taken from Table 3-9 and Table 3-10 of the 2011 WSP and
include an additional 6 percent to account for non-revenue water. Because the actual
2016 system demand is similar to the 2011 baseline demand projection used for analyses
in the 2011 WSP, many of the conclusions of the analyses performed for the year 2011 are
applicable to the year 2016.
Mr. Richard Rodriguez
October 26, 2017
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Table 1
Projected vs. Actual Water Demand
Storage
Table 7-7 of the 2011 WSP presented the 529 West Service Area as the only area with a storage
deficiency in the 2008 planning period. The 2011 WSP also projected a storage deficiency in each of
the 529 West and 590 East Service Areas in the 2014 and 2028 planning periods. Because system
demands are significantly less than those projected in the 2011 WSP, the actual storage requirements are
lower than those calculated during the 2011 WSP. Specifically, the actual annual demand for 2016, as
shown in Table 1, is less than the projected demand for 2011, indicating that storage projects related to
growth could potentially be shifted as much as 5 years into the future.
The 2011 WSP recommended that a new 2.5 million gallon (MG) storage facility be constructed in the
529 West Service Area, and a new 3.5 MG storage facility be constructed in the 590 East Service Area.
A new 4.0 MG 640 Tank was constructed in 2011 to resolve the storage deficiency in the 590 East
Service Area. This tank is currently operated in the existing 590 Pressure Zone, but will be operated in
the 640 Pressure Zone when all facilities necessary for the pressure zone conversion are completed.
Property is being evaluated for construction of a new tank in the 529 West Service Area, but this tank
has not been constructed yet. The project was scheduled for 2014-2015 in the 2011 WSP but has been
delayed. This project will be re-scheduled as part of the City’s WSP update.
Water Use Efficiency
Two WUE goals were established in the 2011 WSP.
1. Reduce water use by public agencies during June through August by 0.5 percent annually from
2008 through 2014.
2. Maintain water loss for the Kent Water System at less than 6 percent per year.
The City is continuing to work towards its first goal. Various conservation programs have been
implemented, including education and outreach, providing outdoor/indoor hardware and technical
Year
Projected Annual
Demand without
Water Use Efficiency1
(MG)
Projected Annual
Demand with Water
Use Efficiency2
(MG)
Actual Annual
Demand
(MG)
2011 2,995 2,897 2,498
2012 3,033 2,933 2,567
2013 3,054 2,953 2,593
2014 3,084 2,982 2,659
2015 3,114 3,011 2,812
2016 3,145 3,041 2,819
1 = 2011 WSP, Table 3-9.
2 = 2011 WSP, Table 3-10.
Mr. Richard Rodriguez
October 26, 2017
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assistance to customers, adding/maintaining meters, and performing unaccounted water/leak detection in
the system. The second goal has been continuously achieved since 2009 per the City’s Water Use
Efficiency Annual Performance Reports, with the exception of 2016, when the calculated distribution
system leakage was equal to 6.0 percent. The annual distribution system leakage reported in the City’s
WUE reports is shown in Table 2.
Table 2
Distribution System Leakage
CAPITAL IMPROVEMENT PLAN
The City has worked to complete capital improvement projects per the schedule outlined in Chapter 10
of the 2011 WSP, although this has not always been feasible due to the economic uncertainty of the
recession.
Since 2011, the following CIP projects have been completed.
• 2011
o Guiberson Reservoir: Corrosion facility constructed and placed in service.
o Clark Springs: Security improvements to clearwell and hood installed; habitat
conservation plan.
o Pump Station No. 6: Emergency generator transfer switch installed.
o 640 Tank: Constructed and placed in service.
o Blue Boy Tank: Overflow and drain line improvements and seismic upgrades.
• 2012
o Clark Springs: Levee improvements to protect infiltration gallery and surge tank
electrical upgrade.
o Pump Station No. 5: Control valve Auma replacements.
o Pump Station No. 7: New supervisory control and data acquisition (SCADA) generator
backup power installed; new mag meter installed.
o 125K Tank: Drain check valve installed.
o 3.5 MG Tank: New SCADA back-up power generator installed.
o Blue Boy Tank: 640 piping and control vault improvements.
Year
Distribution System
Leakage
2009 2.0%
2010 1.7%
2011 3.4%
2012 5.8%
2013 5.9%
2014 3.3%
2015 4.2%
2016 6.0%
Mr. Richard Rodriguez
October 26, 2017
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o Cambridge Tank: Overflow and drain improvements.
o Guiberson Reservoir: 10-inch flow control valve installed.
• 2013
o Armstrong Springs: Chlorination equipment upgrade.
o East Hill Well: Back-up power generator installed.
• 2015
o Clark Springs: Well No. 1 motor control center (MCC) replacement.
o Kent Springs: Gallery level sensor installed and new chlorination equipment installed.
o Pump Station No. 5: New MCC upgrade/soft starts for Pumps 3 and 4.
o 212th Treatment Plant: Well No. 3 motor replacement.
o Tacoma Green River filtration facility completed.
• 2016
o Armstrong Springs: Back-up power generator with MCC upgrades; property purchase for
source protection.
o Pump Station No. 5: 125K Tank control vault upgrade.
o 3.5 MG Tank: Drain vault flapper installed; new control vault installed and flow meter
added; tank fence security improvements.
o 6 MG No. 2 Reservoir: Hatch security improvements.
o Guiberson Reservoir: Reservoir lining installed; inlet manifold and security door
improvements.
o 212th Treatment Plant: Mag meter upgrade; new Auma valve control actuator installed.
The City is currently working to install the facilities required to complete the 640 Pressure Zone
conversion over the next 3 years and replace a small amount of water main each year. The City is
committed to ensuring a safe and reliable water service, as such, it is not anticipated that major
improvements beyond those identified in the 2011 WSP will be required to ensure adequate water
service throughout the City’s system.
LAND USE AND GROWTH
The City’s land use plan and growth projections have changed since the 2011 WSP was prepared. The
revised land use plan and growth projections are attached and will be utilized for the WSP update that is
currently underway.
As stated in the Demand section, the actual 2016 system demand was similar to the 2011 baseline
demand projection, despite population growth that has occurred over this time. It is anticipated that the
actual growth in demand over the requested 2-year extension period will not likely exceed the 6-year
demand projections stated in the 2011 WSP. Therefore, the City’s revised population growth projections
are not expected to adversely impact the system capacity within the 2-year extension period.
POLICIES AND DESIGN CRITERIA
The City’s policies and design criteria, as presented in Chapter 6 of the 2011 WSP, have been updated as
necessary since the completion of the WSP. Ordinance 4019 is attached. The City is committed to
operating its system and constructing new projects according to these policies and criteria.
Mr. Richard Rodriguez
October 26, 2017
Page 5
10/26/17 11:17 AM Z:\BOTHELL\DATA\KEN\117-100\WSP EXTENSION LETTER\LTR TO R RODRIGUEZ RE WSP EXTENSION REQUEST.DOCX
FINANCIAL PROGRAM
The financial analysis in Chapter 11 of the 2011 WSP includes the capital improvements the City is
currently pursuing. The City is continuing to fund and construct capital improvement projects as
economically feasible.
SEPA COMPLIANCE
Since the 2011 WSP, no changes have occurred that would require a new Determination of
Non-significance to be issued.
The City will begin an internal adoption process for this Extension Request Letter at its November 6,
2017, Public Works Committee meeting. Once approved by committee, the request will be placed on the
public agenda for the November 21, 2017, City Council meeting, where the required meeting of
consumers and final approval and adoption will take place.
The City requests, and RH2 recommends, that the 2011 WSP’s existing approval be extended by 2 years
as the analyses and recommendations contained in the WSP are still valid, and the WSP currently meets
the Department of Health’s water system planning requirements.
If you have any questions regarding this submittal, please contact me directly at (425) 951-5394.
Sincerely,
RH2 ENGINEERING, INC.
Michele Campbell, PE
Project Manager
Geoffrey G. Dillard, PE
Director
GGD/MRC/RW/ZS/sp
Attachments: Local Government Consistency Determination Form
Zoning Districts Map
Comprehensive Plan Land Use Plan
Chapter One – Kent Profile and Vision excerpt
Ordinance No. 4019
cc: Mr. Evan Swanson, City of Kent
Signed:
10/26/17
Signed:
10/26/17
ATTACHMENTS
fuw;;rn
!\, iir;,. i n nini,r' rrrr !i:rrrn
I I'rir,'t rrrlj*,,,r l\iri-Local Government Consistency Determination Form
Water System Name: Kent Water Department PWS lD: 381501
Planning/Engineering Document Title: Water System Plan (Extension) P lan Date: 2011
Local Government with Jurisdiction Conducting Review: Citv of Kent
Before the Department of Health (DOH) approves a planning or engineering submittal under Section 100
or Section 110, the local government must review the documentation the municipal water supplier
provides to prove the submittal is consistent with local comprehensive plans, land use plans and
development regulations (WAC 246-290-108). Submittals under Section 105 require a local consistency
determination if the municipal water supplier requests a water right place-of-use expansion. The review
must address the elements identified below as they relate to water service.
By signing this form, the local government reviewer confirms the document under review is consistent
with applicable local plans and regulations. lf the local government reviewer identifies an inconsistency,
he or she should include the citation from the applicable comprehensive plan or development regulation
and explain how to resolve the inconsistency, or confirm that the inconsistency is not applicable by
marking N/A' See more instructions on reverse'
Forusebywater Forusebyrocal
I certify that the above statements are true to the best of my knowledge and that these specific elements
consistent adopted local plans and development regulations
Sig nature
Local Government Consistency Statement
ldentify the
page(s) in
submittal
Yes or
Not Applicable
a) The water system service area is consistent with the adopted land use
and zonino within the service area.
WSP: Ch.3
Fig. 3-1
I hc Ljly s land usc pldn bccD
updatcd sincc lhc 20ll WSI'
rvas preparcd. lhc land usc
map in clfcct during lhc WSP
cxlcnsion pcriod is alla€hcd.
b) The growth projection used to forecast water demand is consistent
with the adopted city or county's population growth projections. lf a
different growth projection is used, provide an explanation of the
alternative growth projection and methodology.Letter: Page 1, 2
WSP: Ch. 3, Table
3-9 and 3-10
l h0 Cily's srow$ proicctions hav.
chansed sincc the 20i I WSP was
prcparcd. I he atlachcd tablc
conlJins growth pr4lcclront
rdopLcd rn Lhc 20 l5 (lomprchrnn\
Plan.
c) For cities and towns that provide water service: All water service area
policies of the city or town described in the plan conform to all
relevant utility service extension ordinances.
WSP: Ch. 2, Ch. 6
Letter: Page 4
City codes rclating to watcr
scrvicc cxtension wcrc updatcd
in l)cccmbcr, 201 I pcr
Ordinancc 4019. attachcd.
d) Service area policies for new service connections conform to the
adopted local plans and adopted development regulations of all
cities and counties with jurisdiction over the service area.
WSP: Ch, 2, Ch. 6
I,olirics in rhc 201 I WSI,scrc
adoplcd by rclcrcncc in Kcnls 201:
Comprchensivc Plan. iny
rmcndnicnb io othcr citics or
jurisdictions dcvcloprncnt
regulalions sincc 201 I will bc
hcorporarcd jn rhc WSP updatc.
e) Other relevant elements related to water supply are addressed in the
water system plan, if applicable. This may include Coordinated Water
System Plans, RegionalWastewater Plans, Reclaimed Water Plans,
Groundwater Management Area Plans, and the Capital Facilities
Element of local comprehensive plans.
WSP: Ch. 1
(Section 'l .6),
ch.2
l he Capiral l:a.ilities llcnenr
of KcnL s Conprchcnsivc I'lan
wasupdalcdiir 2015. Rclcr lo
(jhapr.r 9 ofthe 2015 City ol
Kcnt (irmprchcnsivc I,lan.
https://w\vw.kcnrwa.gov/homc/
showdocumcnL?id=6401
Printed Name, Title, & Jurisdiction Cg #Vr-nt
HfSl-"
February 2016
Page 2 of 2
Consistency Review Guidance
For Use by Local Governments and Municipal Water Suppliers
This checklist may be used to meet the requirements of WAC 246-290-108. When using an alternative
format, it must describe all of the elements; 1a), b), c), d), and e), when they apply.
For water system plans (WSP), a consistency review is required for the service area and any
additional areas where a municipal water supplier wants to expand its water right’s place of use.
For small water system management programs, a consistency review is only required for areas
where a municipal water supplier wants to expand its water right’s place-of-use. If no water right
place-of-use expansion is requested, a consistency review is not required.
For engineering documents, a consistency review is required for areas where a municipal water
supplier wants to expand its water right’s place-of-use (water system plan amendment is required).
For noncommunity water systems, a consistency review is required when requesting a place-of-use
expansion. All engineering documents must be submitted with a service area map (WAC 246-290-
110(4)(b)(ii)).
A)Documenting Consistency: The planning or engineering document must include the following
when applicable.
a)A copy of the adopted land use/zoning map corresponding to the service area. The uses
provided in the WSP should be consistent with the adopted land use/zoning map. Include any
other portions of comprehensive plans or development regulations that relate to water supply
planning.
b)A copy of the growth projections that correspond to the service area. If the local population
growth projections are not used, explain in detail why the chosen projections more accurately
describe the expected growth rate. Explain how it is consistent with the adopted land use.
c)Include water service area policies and show that they are consistent with the utility service
extension ordinances within the city or town boundaries. This applies to cities and towns only.
d)All service area policies for how new water service will be provided to new customers.
e)Other relevant elements the Department of Health determines are related to water supply
planning. See Local Government Consistency – Other Relevant Elements, Policy B.07,
September 2009.
B)Documenting an Inconsistency: Please document the inconsistency, include the citation from the
comprehensive plan or development regulation, and explain how to resolve the inconsistency.
C)Documenting a Lack of Local Review for Consistency: Where the local government with jurisdiction
did not provide a consistency review, document efforts made and the amount of time provided to the
local government for review. Please include: name of contact, date, and efforts made (letters, phone calls,
and emails). To self-certify, please contact the DOH Planner.
The Department of Health is an equal opportunity agency. For persons with disabilities, this document is available on request in other
formats. To submit a request, please call 1-800-525-0127 (TTY 1-800-833-6388).
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118
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1312
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SE 295 St
127Wy
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124
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126Av
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SE 298 Pl
SE 299 Pl
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127
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126Ct
128
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129 PlSE
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128Ct
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127
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120Av
121
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Area Annexed To Kent
Ord. #2743
SE304 ST
124
AVE
SE
Inset
μ
0 0.25 0.5 0.75 1
Miles
¯
N.T.S.
plan06-4.mxd
See Map Inset
Data source: City Of Kent GIS.
Map prepared by the Kent Engineering Department.
Display map for general reference only. Please contact
the Kent Planning Department at (253) 856-5454 for
specific property information.
Scale 1:14,000
SR-3
SR-1
Map Revised June 1, 2017 per Ord. 4244
Zoning Districts
Kent City Limits
Agricultural (A-10)
Agricultural / General (AG)
Single Family (SR-1)
Single Family (SR-3)
Single Family (SR-4.5)
Single Family (SR-6)
Single Family (SR-8)
Duplex Multifamily (MR-D)
Townhouse / Condo (MR-T12)
Townhouse / Condo (MR-T16)
Low Density Multifamily (MR-G)
Medium Density Multifamily (MR-M)
High Density Multifamily (MR-H)
Mobile Home Park (MHP)
Neighborhood Convenience Commercial (NCC)
Downtown Commercial (DC)
Downtown Commercial Enterprise (DCE)
Downtown Commercial Enterprise - Transitional Overlay (DCE-T)
Community Commercial (CC)
Community Commercial / Mixed Use (CC-MU)
General Commercial (GC)
General Commercial / Mixed Use (GC-MU)
Midway Commercial Residential (MCR)
Midway Transit Community I (MTC-1)
Midway Transit Community II (MTC-2)
Commercial Manufacturing I (CM-1)
Commercial Manufacturing II (CM-2)
Industrial Park (M1)
Industrial Park / Commercial (M1-C)
Limited Industrial (M2)
General Industrial (M3)
A-10
AG
SR-1
SR-3
MR-T12
SR-4.5
SR-6
SR-8
MR-D
MR-T16
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MR-M
MR-H
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DC
DCE
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M3
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160
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152
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15
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156
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SE
160
Av
SE
156Av
SE
SE 261 St
SE 251 St
SE 236 St
SE 218 St
SE 235 St
SE 236 St
SE 234 St
SE251 St
SE 287 St
SE 280 St
SE 182 St
145Av
SE
SE 187 St
SE 186 Pl
1 39
W
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SE 180St
SE 184 St
SE 184 Pl
1
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SE 200 StSE200St
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SE 202 Ct
147
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14
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1
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4
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14
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142
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1
4
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SE
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13
5
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140AvSE
S E 261 St
144
Av
SE SE 263 St
264St
SE 268 St
SE264St
SE270Pl
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141
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189 C
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SE 180 St
124Av
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120
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13
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206St
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A
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122
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SE 198 Pl
SE 213 St
129
Av
SE 206 Pl
127PlSE
SE 210 Pl
SE 216 St
SE 219 Pl
126 P l
117
Av
11
9
A
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SE 233 St
128PlSE
12
6
P
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SE237 Pl
129Av
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129PlSE
128
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118
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SE
128
Pl
SE
1
2
7
A
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S
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SE 264St
SE 272Pl
274 St
275 St
SE270
St
117Av
SE
118
Av
SE
SE 284 St
SE 288 Pl
SE 285 St
SE 282 St
SE 276 Pl
SE 277 Pl
107
Av
SE
104Av
SE
10
5
A
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S
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SE 199 St
10
6
A
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S
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SE181 S t
S 45 PlDavisAvS
S 51 Ct
SE 188 St
SE 190 St
S 50 St
190 Pl
S 1 98
S
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SE 186 StSE185Pl
SE 190 St
SE 190 Pl
201 St
186
P
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187 Ct
1
1
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SE 196 St
10
4
P
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S
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10
3
P
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102
PlSE
102
Av
SE
101AvSE
SE 189 Ct
103
Pl
SE
104
Pl
SE
SE 217 St
SE 218 St
SE 212 St
211 PlSE212St
SE 213 St
SE 224 St
SE225Pl
SE 219 Pl
SE222St
SE 223 St
SE 225 St
106Pl
SE
SE227Pl
SE 216 St
11
4
P
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106 PlS E
229 St
SE 232 Pl
SE235 St
229Pl
SE 228 St
SE 232 St
SE 237 St
114
Pl
SE
100
AvSE
99
Av
S
105 P
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S
E
105Av
SE
SE 284 St
283 St
SE 290 Pl
109
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86
A
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85
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S
4 5 S t N E
40 St NE
St
N
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S 2 8 0 S t
94PlS
B Pl NW
DStNW
S 285 StS285St
72
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S 287 St
S 273 Pl
S 274 Pl
S 284 Pl
51
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S 288 Pl
59AvS
51
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S 2 7 5 Pl
3
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S
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Area Annexed To Kent
Ord. #2743
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Map Revised June 1, 2017 per Ord. 4244
plan07-3.mxd
See Map Inset
Data source: City Of Kent GIS.
Map prepared by the Kent Engineering Department.
Display map for general reference only. Please contact
the Kent Planning Department at (253) 856-5454 for
specific property information.
Scale 1:14,000
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Land Use Plan
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Transit Oriented Community
King County Industrial
King Co. Parks & Open Space
King Co. Greenbelt/Urban Separator
King County Urban Residential 1 Unit/Acre
King County Urban Residential 4-12 Units/Acre
King County Urban Residential 12+ Units/Acre
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King County Neighborhood Business Center
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City Of Kent
Comprehensive Plan
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6 CHAPTER ONE KENT PROFILE AND VISION
KENT PROFILE AND VISIONCHAPTER ONE
A culturally rich destination, Kent features captivating neighborhoods, award-winning parks, exceptional school districts and
nationally accredited police and fire departments . In recent years, Kent has experienced impressive economic growth, and is
nationally known as a prime location for manufacturing . By the year 2035, Kent is planning for growth to approximately 54,000
households and 82,000 jobs (see Table 1.2) .
The data in this Community Profile highlight population and growth targets, ethnicity, household character and employment .
The data will be used in drafting each of the individual elements of the Plan, and additional finer-grained detail also may be
incorporated within the individual elements .
TABLE 1.1
POPULATION RANKING
Seattle 640,500
Spokane 212,300
Tacoma 200,900
Vancouver 167,400
Bellevue 134,400
Kent 121,400
Source: April 1, 2014 OFM official estimate
TABLE 1.2
GROWTH FORECASTS
HOUSEHOLDS JOBS
PSRC Forecasts 2035 53,549 81,854
2010 Baseline
(2010 Census for HH; Jobs are
Calculated from PSRC data)
42,793 61,654
Growth Targets 2035
(Countywide Planning Policies,
as extended for 2006 - 2035)
10,858
(housing units)
15,648
ORDINANCE NO. 1o 11
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to fees,
specifically including fees for hearings and appeals
before the hearing examiner, business license fees,
various public infrastructure plan review and
inspection fees, planning and land use and
development application, permit and inspection
fees, and inspection and permit fees required under
the provisions of the International Building,
Residential, Mechanical, and Fire Codes and the
Uniform Plumbing code by making the following
code revisions: adding a new section to Chapter
1.01 generally authorizing fees by resolution;
adding a new section 2.32.155 relating to public
hearings and appeals before the hearing examiner;
adding a new chapter to Title 3 of the Kent City
Code entitled, "Technology Infrastructure" and
adding a new section relating to technology fees;
amending Section 5.01.090 relating to business
licenses; amending Sections 6.06.040 and -050
relating to plan review and inspection fees for
public infrastructure improvements; amending
Section 6.07.040 and-.170 relating to street use
permits; amending Section 7.02.105 and
7.03.160-.170 relating to water system cross-
connection control, installation and connection
permits; amending Sections 7.04.080 and
7.04.100-.110 relating to sanitary sewer permits
and inspections; adding a new section 11.06.045
relating to critical areas and environmental review;
and adding a new section 12.01.055 relating to
land use and planning applications and permits;
and further adding other related minor revisions
and clarifications to the city code.
1 Ordinance
Amending Code Fees
. ; ! • •: ~· ,... L • •,,) ' '
RECITALS
A. The Kent City Council has established fees by both resolution
and ordinance. Resolutions allow for adjusting fees without requiring
council to amend the text of the Kent City Code. Currently, there are
multiple provisions contained in the Kent City Code referencing fees. Any
adjustments to those fees require amendments to the text of the Kent City
Code by ordinance.
B. Many of these fees in the city code have not been reviewed or
updated since 2006.
C. Adjustments to the current fees contained in the Kent City
Code would be served best by amending the code to reference fee
schedules contained in a resolution, thereby allowing for adjustments
without amending the text of the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORPINANCE
SECTION 1. -New Section. The following new. section 1.01.105 is
added to chapter 1.01:
Sec. 1.01.105. Fee Resolutions. Any fees, rates or charges
established by city council resolution shall be deemed lawfully established
by authority of the city council regardless of whether the fee, rate or
charge is established by a separate ordinance.
2 Ordinance
Amending Code Fees
SECTION 2. -New Section. The following new section 2.32.155 is
added to chapter 2.32:
Sec. 2.32.155. Hearing Examiner Code -Fees. The city
council, shall, by resolution, establish the fees to be charged to conduct
open or closed record public hearings as well as all appeals. In the event
of any conflict or ambiguity regarding any fees established by council
resolution, the planning director is authorized to interpret the fee
schedule(s) to resolve that conflict or ambiguity.
SECTION 3. -New Chapter. The following new chapter 3.11 is
added to Title 3 of the Kent City Code:
Chapter 3.11. TECHNOLOGY INFRASTRUCTURE
Sec. 3.11.010. Technology Fee Established. In order to
accommodate the high cost and need to continually replace
telecommunications, data, network, hardware and software systems
caused by a continuous and rapidly changing technology environment, the
technology fees shall be applied to the following transactions:
A. Utility Billing. A fee of one dollar ($1.00) per bill for every utility bill
issued, whether the bill includes any combination of water, sewer, or storm
drainage charges.
B. Parks and Recreation Fees. A fee of one dollar ($1.00) per
transaction for each registration for any parks and recreation program.
For the purposes of this subsection, "transaction" shall mean the process
of collecting and receipting fees and charges in the form of cash, check, or
credit card payment for programs, services, or miscellaneous resale items
3 Ordinance
Amending Code Fees
offered by the parks and recreation department. The fee shall not apply to
the following:
1. The fee shall not apply to any transactions or registrations at
the Riverbend Golf Course;
2. The fee shall not apply to registrations or transactions with a
total cost less than ten and 00/100 dollars ($10.00) ~
3. The fee shall not apply to drop-in transactions (such as, for
example and without limitation, lunch at the Senior Center or one-time
payment for use of the weight room at Kent Commons).
c. For all other applications, permits, inspections, registrations,
transactions and approvals established under the Kent City Code, the fee
shall be established by council resolution.
SECTION 4. -Amendment. Section 5.01.090 of the Kent City Code
is amended as follows:
Sec. 5.01.090. Application procedure, license fee.
A. The director is authorized to prepare a sch-edule--of--fees-for---tfte
issuance of a license and, when approved by the city councll, that schedule
shall govern the amount of the license feeThe city councll shall. by
resolution, establish the fees to be assessed to implement and operate the
codesregulatiQ!J.S---9.d_QQt~_q _ _j_o_J;b_i_~_chapter. In the event of any conflict or
ambiguity regarding any fees established by council resolution. the finance
_QJ_re._c_tQLJS authorized to interpret the fee schedule(s) to resolve that
conflict or ambiguity.
4 Ordinance
Amending Code Fees
:'1
B. All businesses operated not for profit shall be required to be licensed
but shall be exempt from paying a business license fee upon satisfactory
proof to the director of their not-for-profit status.
C. The licensee shall make application for any business license required
under this chapter to the director on a form prepared by the department,
which application shall be accompanied by a receipt from the department
showing payment of the required fee. A new business license shall be
required annually. If the application for a new license is made within six
(6) months of the date fixed for expiration, the fee shall be one-half the
annual fee; provided, there shall be no reduction in the fee for a license
renewal ....
SECTION as. -Amendment. Section 6.03.010 of the Kent City
Code is amended as follows:
Sec. 6.03.010. Fees designated.
A. The city's public works department is responsible for the planning,
design, construction, maintenance, and operation of a complex network of
rights-of-way and public easements, including the placement of private
utility facilities such as gas, electrical, telephone, fiber optic, and other
lines and conduits. As a result of Kent City Code 2.30.010 1 the public
works and economic and community development department.s_ +sare
responsible for #IB-plan review, plan approval, inspection, and acceptance
of all construction within any public easement or right-of-way and all public
works improvements, such as streets, sidewalks, and walkways, street
lighting systems, storm drainage systems (public and private), and public
and private utilities. Accordingly. the city incurs substantial costs in both
time and materials to provide these services, and it is necessary and
appropriate to charge fees for those services. =FAs a result, the city council
5 Ordinance
Amending Code Fees
;.·, '• ';· :
shall. by resolution. establish the fees to be assessed to implement and
operate the codes adopted by this chapter. The resolution may require
that certain fees be pre-paid and/or designated to be non-refundable
because staff time. and materials will be expended whether or not the
permit applied for is approved by the city or pulled by the applicant. In
the event of any conflict or ambiguity regarding any fees established by
council resolution, the public works director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
The public 'Norks department employs hventy three (23) full tiffte
equivalent employees to accomplish plan revi-ew, plan consultation, plan
· inspection, and onsite inspection of these third party public 'Narks
tm-provemcnts. Accordingly, each dmrcloper/applicant must pay a plan
review and inspection fee in the amount of eight (8) percent of the
estimated constructioA cost of the proposed public 'Narks improvements.
This fee will typically cover approximately one half (1/2) the total cost for
this city staff time to review and inspect each individual application.
B. In lieu of paying this eight (8) percent fee, the devclopcr/appH-eaffi:
will have a one (1) time only option to pay the city's actual costs for these
services based on the current average hourly rate of eighty fiv'c dollars
($85) per hour. This option can only be exercised at the time the fee is
first imposed. If this option is selected, the developer/applicant must pay
for all time incurred by city staff for plan rcvie'N, plan consultation, plan
inspection, and onsite inspection of the public i'v'orks improvements to be
constructed at the hourly rate established above, even if the final total
amount exceeds -tl=te eight (8) percent fee.
GB. In consideration of the mutual benefits received when another
agency of the statfl (including, without limitation, counties, other cities, or
special purpose districts) seeks to construct public improvements not
intended for conveyance to the city but that will provide a regional benefit,
6 Ordinance
Amending Code Fees
..
the public v;;Ofks departmentcity will limit this fee to that portion of the
work which affects the city's interests, concerns, and improvements within
and abutting the city's rights-of-way.
D,C. In all cases, the minimum fee shall be no less than five hundred
dollars ($500). The developer/applicant will be required to submit separate
east estimates for each public ·.vorks improvement item. These will be
checked by the public \>Vorks department for accuracy. A nonrefundable
revimv fee as established by resolutiondeposit of fifty (50) percent of the
total fee is due and payable prior to starting the revievv with an inspection
fee, as established by resolution. balance due and payable prior to the
approval of the construction plans.
E. V1o'here the developer/applicant has opted to pay the city's actual
costs based on the above stated hourly rate, a nonrefundable deposit of
fifty (50) percent of the estimated total cost as prepared by the public
we-rks department is due and payable before beginning reviev;;; the balance
ef this estimate is due and payable before the city approves construction
plans. If the actual costs incurred arc less than the monies deposited, t-lle
eity shall reimburse the· difference upon the developer/applicant's
completion of the construction of the approved public works
improvements. Any incidental interest earned on monies deposited with
the city shall become the city's sole property. If the city's actual cost
exceeds the amouAt deposited by the developer/applicant, the city shall
bill the developer/applicant for the amount due, and the
developer/applicant shall pay that amount within thirty (30) days of the
date billed. Any amounts un-paid after the thirty (30) day due date shall be
charged interest at-a rate of t·Nelve (12) percent per annum, and the city
may use any rights or remedies available under the law to collect or seek
reimbursement of the amounts due. In any event, t-t-ie developer/applicant
must pay .. all am.ouf'.ltS due b.eforc staff ·1,rUI . pres.ent. the. .. -public works
• : • t --' ' •• -• ; ' • ' ••• • • • • '. • • -• • ~ •• ~ • • • -
improvements to the city council for acceptance or before issuing a
7 Ordinance
Amending Code Fees
certificate of occupancy for a development associated v;ith these public
Fee. Two (2) re-reviews of the construction plans are included with afl:re
plan review fee.;vhen the developer/applicant pays the eight (8) percent
fee described above, but _a8dditional re-reviews, whether attributed to the
developer's action or inaction, shall be charged at a rate of eighty five
dollars ($85) per houran hourly rate established by resolution. A certain
number of inspection hours remay be designated for each inspection fee.
+ncluded ·.vith the inspection fee described above. iand insP-ection time
over and above the prcscribeddesignated number of hours, whether
attributed to the developer's action or inaction. shall be charged at an
hourly rate established by resolution.
SECTION 6. -Amendment. Sections 6.06.040-.060 of the Kent
City Code are amended as follows:
Sec. 6.06.040. Permit requirements.
A. Prior to issuance of any right-of-way permit for cutting any portion
of city right-of-way, whether improved or not, the location first shall be
inspected and approved by a department of public wor-kscity official.
B. The issuance or granting of a permit or approval of plans and
specifications shall not be construed to be a permit for or approval of any
violation of the provisions of this chapter or any other ordinance or
appropriate rule or regulation of the city.
! C. Every permit issued by the eepartment of public werkscity under the
provisions of this chapter shall expire ninety (90) days after issuance of
8 Ordinance
Amending Code Fees
the permit unless work has commenced or unless the permit has been
extended.
D. -The director of public works, or designate, may in writing suspend
or revoke a permlt issued under the provisions of this chapter whenever
the permit was issued in error or on the basis of incorrect information
supplied or in violation of any other ordinance or regulation of the city.
Sec. 6.06.050. Permit and inspection fees and permit
renewal.
A. The city council shall. by resolution, establish the fees to be
assessed to Implement and operate the regulationscodes adopted in this
chapt~The basic fee for a permit to cut a street, curb, sidewalk, or any
portion of city right of 1Nay, v.;hether or not improved, shall be three
hundred dollars ($300), and beginning January 1, 2007, this basic fee shall
increase to four hundred fifty dollars ($450). This basicTBy way of
example, and without limitation, these fee§. shall apply to street cuts, curb
cuts, sidewalk cuts, or any portion of city right-of-way, whether or not
improved, and all utility work within the public right-of-way that involves
cutting the public right-of-way. Utility work shall include, but not be
limited to, work performed in association with gas, telephone, electric
power, cable TV, water, stormwater, and sewer, and underground
facilities._ The resolution may require that certain fees be pre-paid and/or
. designated to be non-refundable because staff time and materials will be
expended whether or not the permit applied for is approved by the city or
pulled by the applicant. In the event of any conflict or ambiguity regarding
any fees established by council resolution, the publlc works director is
authorized to interpret the fee schedule(s) to resolve that conflict or
ambiguity.
9 Ordinance
Amending Code Fees
8, Review and inspection fees may be limited to a set number of hours
of staff time work. Any staff time incurred exceeding those hours of work
may be subject to As:i.n additional hourly time charge 'Nill be made where
total revimv and inspection time exceeds six (6) hours. StteRThis extra
charge will be invoiced to the applicant separately at the hourly rate as
established by resolution.of fifty dollars ($50) per hour, vvhich is less than
the average actual hourly cost for city staff employed to process these
permits. Beginning January 1, 2007, this extra charge shall increase to a
rate of seventy five dollars ($75) per hour.
C. Wherever When work for which a permit +swould be required by this
chapter is commenced or performed prior towithout first obtaining
stte-ftthat permit, the basic permit fee shall be doubled, but the payment
for sttffithat double fee shall not relieve a-Aythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work, nor from any other penalties which may be provided for by local.
state or federal lawin this chapter, including criminal penalties.
Sec. 6.06.060. Specifications and special requirements.
A. Specifications. All curb and street cuts shall be repaired to conform
to the requirements of the latest version of the City of Kent Design and
Construction Standards. as adopted by Kent City Code 6.02.010Standard
Specifications for Road, Bridge and Municipal Construction, latest edition,
prepared by the Washington State Department of Transportation and the
American Public Works Association, Copies of stte19-this publication e-rand
any additions or amendments thereto arc on file with the city clerk and
available to the general public.
B. Permittee's performance responsibility. In addition to all other
requirements specified by this chapter or the latest version of the City of
10' Ordinance
Amending Code Fees
Kent Design and Construction StandardsStandard Specifications for Road,
Bridge and Municipal Construction, adopted in subsection (A) of this
section 1 the permittee shall be responsible for restoration of the street1 or
curb, and all disturbed public right-of-way area to its original or better
condition ... including any required overlays as approved by the director of
public works. The permittee shall finish patcl"tcomplete the street or curb
cut in accordance with the permit requirements immediately upon
completion of the project. The permittee shall be responsible for defects
or failure of the street or curb cut area for a period of &Aetwo (-12.) year.$
following finalfi.R-i.sft inspection.
C. Curb cut locations. The location of each curb cut must be approved
by the cityclepartmcnt of public 'lffl-fks. The city reserves the right to deny
any request to cut any curb.
D. Special conditions. At the discretion of the director of public works or
designate, one (1) or more of the following requirements may be specified
when conditions require their use. Wherever such special conditions are
required, they shall be set forth on the permit at the time of issuance or as
an amendment to the permit in those instances where conditions requiring
their use become known after the permit has been issued:
1. Curb cuts within the right-of-way shall be made only in areas
and by methods approved by the public works director, or his or her
designee. All improved or unimproved areas within the right-of-way shall
be restored to an equal or better condition;
2. Excavated material shall be completely removed from the
street surface;
11 Ordinance
Amending Code Fees
3. Signs, cones, barricades, and all other traffic control devices
to protect and control pedestrian and vehicular traffic in the construction
area shall be used as prescribed by the traffic engineer, and in accordance
with the Manual on Uniform Traffic Control Devices for Streets and
Highways as amended, and shall be at the expense of the permittee;
4. One (1) or more traffic lanes shall be kept open at all times.
Moving traffic shall be properly controlled by uniformed flagmen, if
specified. Hours of operation during construction and restoration shall be
I I as specified on the permit;
I
5. Ingress and egress for vehicles and personnel to abutting
property shall be maintained at all times;
6. Backfill and replacement of pavement or oiling of surface shall
be done to the satisfaction of the public works director. Unless otherwise
specified by the citypublic vvorks director, backfill material shall conform to
the latest version of the City of Kent Design and Construction
StandardsStandard Specifications for Road, Bridge and Municipal
Construction, adopted in subsection (A) of this section;
7. The permittee must fileFiling of a surety indemnity bond
approved by the citydepartmcnt of public vvorks to protect the city to cover
completion of the permit work during construction and throughout the two
(2) year warranty period, and the Permittee must provide approved public
liability insurance naming the city as an additional insured in the amount
specified on the face of the permit;
8. A casfl-deposit in the amount as specified on tFte face of the
permit not to exceed one thousand dollars ($1,000) to be made to the
ffiYT
12 Ordinance
Amending Code Fees
9§. Open cuts within the paved area will not be permitted;
-1-82.. The construction inspector shall require that a temporary
patch be made for thirty (30) days, and thereafter, a permanent patch will
be placed by the permittee within five (5) days.
SECTION 7. -Amendment. Sections 6.07.040 and 6.07.170 of the
Kent City Code are amended as follows:
Sec. 6.07 .040. Construction and property development.
A. Generally. No person shall be issued a project, building, grading, or
fill permit without first obtaining a separate street use permit from the city
department:-of-19tt6-l-i-e-wefk: except as fol lows:
1. An application is made for a permit to make an addition,
alteration, or repairs to a single-family residence; or
2--,-------------An application is made for a perrntt to make an alteratioA-,-
repair, or minor addition (less than twenty thousand dollars ($20,000) in
value) to any structure other than a-sin§le family residence;
3-2_. The director determines, in his or her discretion, that the
issuance of a separate street use permit for each project1 building,
grading, or fill permit is not necessary to regulate the use on the public
place.
B. Moving of structures. Prior to application and issuance of a street
use permit for any building or structure to be moved across, along, or
upon any public place within the city and sited within the city, the
13 Ordinance
Amending Code Fees
applicant shall first obtain a building permit for the siting of such building
or structure.
se·c. 6.0?:1to. Permit and inspection fees.
A. The city council shall. by resolution. establish the fees to be
assessed to implement and operate the regulationscodes adopted in this
chapter. This resolution may require that certain fees be pre-paid and/or
non-refundable because staff time and materials will be expended whether
or not the permit applied for is approved by the city or pulled by the
applicant. In the event of any conflict or ambiguity regarding any fees
established by council resolution, the public works director is authorized to
interpret the fee schedule(s) to resolve that conflict or ambiguity. =Ffte
basic fee for a street use permit shall be as follows:
I 1. l<CC 6.07.040. Construction and property development, including
utility work not requiring cuts: hvo hundred dollars ($200).
2. l<CC 6.07.060. Street vendors: one hundred dollars ($100) per
year; beginning January 1, 2007, two hundred dollars ($200) per year.
Permits arc issued annually.
3. l<CC 6.07.070. Sidewalk cafes: one hundred dollars ($100) per year;
beginning January 1, 2007, two hundred dollars ($200) per year. Permits
are issued annually.
4.-~C 6.07,.090. Street closures: fifty dollars ($50); beginning
January 1, 2007, two hundred dollars ($200).
5. l<CC 6.07.100. Master use permit: one hundred dollars ($100);
aeginning January 1, 2007, two hundred dollars ($200).
14 Ordinance
Amending Code Fees
B. Where total inspection time exceeds two (2) hours, an extra charge
shall be invoiced to the applicant at an hourly rate te-beas established_b_y_
council resolution annually by the director. Beginning Januaf'f 1, 2007, this
• ..'.--~ .--.. ~~-: ~ ·. . . '. ,.· •. -.. :~: ,-··· ·:'.'.1\"i'i···· ·•.· -
-
..•.
extra charge shall ihcrease fo. an hourly rate 'of se'v'ent'r· fi·tc dollars ($7S)
per f1our.
C. WhercvcrWhen work for which a permit fswould be reguired by this
chapter is commenced or performed prior towithout first obtaining
5tfeftthat permit. the basic permit fee shall be doubled, but the payment
for such doubledthat fee shall not relieve aeythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work. nor from any other penalties which may be provided for by local,
state or federal lawin this cf1apter. including criminal penalties.
SECTION 8. -Amendment. Sections 7.02.1.05, 7.02.160 and
7.02.170 of the Kent City Code are amended as follows:
Sec. 7.02.105. Cross-connection -Annual inspection of
system with backflow prevention device. The city's cross-connection
control program provides that any cross-connection utilizing a backflow
I prevention device is to be inspected by the city annually. The purpose for
this inspection requi.rement is to protect the city's public water supply from
possible contamination. The annual administrative and inspection fee
assessed, per backflow prevention device, is eighty dollars ($80)shall be as
established by council resolution. _This fee +swill be based on the actual
cost incurred by the ·oity to co.nduct those inspection~. i.n order to .protect
tf1e cit'y''s public ·;.;ater supply from possible contamination. _The inspection
fee shall be collected at the time of the annual testing of satclthe backflow
prevention device(s) as described in the city's cross-connection program
document on file either in the city clerk's office or w+t-h-the public works
15
·~ . . ·.' ' '. ! :
Ordinance
Amending Code Fees
department. In the event of any conflict or ambiguity regarding any fees
authorized under this Chapter and established by council resolution, the
public works director is authorized to interpret the fee schedule(s) to
resolve that conflict or ambiguity.
, ,
,1 I '
Sec. 7.02.160. Installation and connection charges inside
city limits. permits and inspection fees.
A. Tap charge -Connection by water utility._ Any property owner
within the city limits applying for water service shall pay in full a tap
charge-: and a .Ppermit review and inspection fee, plus a system
development charge prior to issuance of the water service permit. _The tap
charge will include the cost of connection and laying the pipe from the city
water main to the property line of the property to which service is desired,
or at a distance of sixty (60) feet from the main toward such property line,
whichever is shorter. _The minimum tap charge so established for service
installed by the water utility is as follows:
1. Two hundred seventy-five dollars ($275) for each five-eighth
(5/8) inch by three-quarter (3/4) inch connection.
2. Three hundred twenty-five dollars ($325) for each three-
quarter (3/4) inch connection.
3. Three hundred fifty dollars ($350) for each one (1) inch
connection.
4. Six hundred dollars ($600) for each one and one-half (1-1/2)
inch connection.
5. Eight hundred dollars ($800) for each two (2) inch connection
16 Ordinance
Amending Code Fees
On any connection over two (2) inches, the minimum tap charge
shall be the actual cost of the meter and installation, plus twenty-five (25)
percent.
B. Tap charge -Connection by licensed contractor. If the workload of
the water utility as determined by the director of public works is such that
the installation of the water connection would interfere with the proper
operation and maintenance of the water system, the director of public
works may require that the property owner employ a licensed contractor to
make the connection and install the necessary line and materials except
the water meter. All such water services shall meet or exceed the
standards and specifications approved by the director of public works. The
minimum tap charge is as follows:
· · f. One hundred dollars ($100) for each five-eighth (5/8) inch by
three-quarter (3/4) inch connection.
2. One hundred twenty-five dollars ($125) for each three-
quarter (3/4) inch connection.
3. One hundred seventy-five dollars ($175) for each one (1) inch
connection.
4. Three hundred sixty dollars ($360) for each one and one-half
(1-1/2) inch connection.
_: "(: . -·.·'·
5. Five hundred dollars ($500) for each two (2) inch connection
All such contractor-installed connections shall be guaranteed by the
contractor for a period of one (1) year.
17 Ordinance
Amending Code Fees
C. System development charge. The system development charge is as
ii follows:
'
Charge Charge
Meter Effective
Size Through Effective
April 1,
(inches) March 31, 2009
2009
· .. ·. ' . ' ~ .
L.ess than $2,600 $5,949
1
1 $4,627 $14,872
1-1/2 $10,400 $29,743
2 $18,486 $47,589
3 $41,594 $95,179
4 $73,933 $148,717
5 $115,528 $222,932
6 $166,376 $297,434
8 $295,786 $475,894
10 $462,162 $654,354
Aft:ef.:P.r.)H1:t;2009, _this:$yst:efl1,deVelopment chargeTwii1··iherease annually,
6n fhe :·first:' .. 'ciay hf.. each.\ calendafi_:yeari·· -'by an amBUnt--'-·eqUa1·:-to .•• the
pen::ehfa'9e }ihcrease' :in -the oC:onsfruCHoh \Price'_.· Index 'fof-Seattle2Tacc:lma-
Breme'rt:dn 'fcir'·the.·-twelve -(f2.) month sf bct6ber·· 3 isf··thrhug h-·:sepfember
30th, ofthepreViOGs.calendar year.
However, if (1) the city's fire marshal has required that, in conjunction
with the city's issuance of a single-family residential building permit, the
·, ',·' .···_, ........ ,. _;_·· ... " ·' -
'
,, .. , ·-. "·";_ :-:-,,,. :--:·i_:"·: ...... , .•·. ' .. '•",
applicant must install a fire sprinkler system, and (2) the need for a meter
size greater than three-quarters (3/4) of an inch is based solely on the fire
marshal's requirement that the sprinkler system be installed, the single-
18
' '·. . .
Ordinance
Amending Code Fees
family residential permit applicant shall pay only the system development
charge listed above for a meter less than one (1) inch in diameter. It is not
the city's intent to require an applicant to pay a higher system
development charge when the larger meter size is needed only in the
unusual event of a fire demand rather than for normal daily user demand.
D. Permit and Inspection Fee. The city council shall, by resolution.
establish the permit, insgection and other related fees to be assessed to
implement and operate the regulationscodes adopted in this chapter. In
the event of any conflict or ambiguity regarding any fees established by
council resolution, the public works director is authorized to interpret the
fee schedule(s) to resolve that conflict or ambiguity.
BE. Installation of undersized meter. _If an undersized meter is installed,
a deduction will be allowed from the above charges, including system
development charg·es, which will reflect the difference in cost between the
undersized meter and the regular size meter._ All service material
(including water meter) will remain the property of the city.
Ef. Tap change. _If the tap is changed to one of a larger size, the cost
and expense of such charge must be paid before the larger size tap is
installed.
fG. Paving replacement -Charge. _If it becomes necessary during the
installation of such connection on a time and material basis to break and
replace l;:!ither .· qin~r,et~ or blacktop .. paving., th~ll iri . each instance an
additional charge shall be made to cover the cost of such repair.
19 Ordinance
Amending Code Fees
GH. Fee deferral. _Until December 31, 2013, at the time of issuance of
any single-family residential building permit for a dwelllng unit that is
being constructed for initial sale, the owner of the subject real property
may defer payment of the water system development charge in subsection
(A) of this section, executing a first position lien in favor of the city in the
amount of the water system development charge. The,,city shall record,_ttie
~ ' ' ' ~ . . , .
lien against the real property and the lien amount shall be paid by the
seller to the city at the time of closing of the sale of the real property and
single-family residence. An owner who chooses to defer the water system
development charge must combine the lien with a lien deferring the
transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW,
and drainage system development charge in KCC 7.05.165.
Sec. 7.02.170. Installation and connection charges outside
city. Any property owner outside the city limits applying for water service
shall pay in full the tap charge, and a permit review and inspection fee,
plus a system development charge prior to the issuance of a water service
permit. The minimum charge established shall be the cost as established
for inside the city limits plus filty (50) percent, except the system
development charge. The system development charge shall be the same as
for inside city limits.
SECTION 9. -Amendment. Sections 7 .04.080, 7 .04.100, and
7.04.110 of the Kent City Code are amended as follows:
Sec. 7.04.080. Permit to owner, agent, or occupant to
construct, extend, or repair sewer on private property.
A. It shall be unlawful. for any person· to construct, extend, relay,
repair, or make connections to private or lateral sewer on private property
20 Ordinance
Amending Code Fees
without obtaining a permit therefor as provided in this section and filing a
scale drawing showing the location thereof.
B. The department of public 'vvorkscity may issue a permit to the owner
of any property to construct, extend, relay, repair, or· make connections to
a lateral or private sewer inside of the owner's property !ine and outside of
the owner's property line lying within the city's right-of-way. Such owner
shall comply with the applicable provisions of this chapter. The permit shall
not become effective until the installation is completed to the satisfact-ffift
of the director. The director shall be allowed to inspect the work at any
stage of construction and, in any event, the applicant for the permit shall
notify the director when the work is ready for final inspection, and before
any underground portions are covered. The inspection shall be made vv'ithin
seventy two (72) hours after the receipt of-written notice directed to t-19-e
director. Work shall be done by the owner or a licensed contractor.
Sec. 7.04.100. Permit and inspection fees.
A. The city council shall, by resolution. establish the fees to be
assessed to implement and operate the codesregulations adopted in this
chapter.The basic fee for each permit to connect 'Nith any public sewer or
to construct, extend, relay, repair, or make connections 'Nith a lateral or
private sewer inside of a property line is hereby fixed at t·No hundred
tvventy five dollars ($225). An additional charge will be made if review
and inspection time exceeds three and one-half (3.5) hours. The hourly
rate for this additional staff time shall be paid at the rate as established by
council resolution.of fifty dollars ($50) per hour, 'vVhich is less than the
average actual · hourly cost for city staff employed to process these
permits . ...:, The ·f~ ;shall be• paid to the cityfinan,q::. d~partment ·.vho shall
issue a· receipt. Such receipt must be filed v,.:ith the department of public
·.-.;orks before the permit is issued. In the event of any conflict or
21 . Ordinance
Amending Code Fees
ambiguity regarding any fees authorized under this chapter and
established by council resolution. the public works director is authorized to
interpret the fee schedule(s) to resolve that conflict or ambiguity.
B. The fees for permits to construct, install, or 'repair septic tanks shall
be those established by the Seattle-King County department of public
health. These fees shall be paid directly to that department.
C. WhereverWhen work for which a permit -iswould be required by this
chapter is commenced or performed mfe-r--t-ewithout first obtaining
5-!;f-ffithat permit, the basic permit fee shall be doubled. but the payment
for sttefi.that double fee shall not relieve aeythat person or entity from full
compliance with all of the requirements of this chapter in the execution of
the work. nor from any other penalties which may be provided for by local.
state, or federal lawin this chapter, including criminal penalties.
Sec. 7.04.110. Permit renewal fees. In case work shall not be
done or completed within the time specified in any permit and no
extension thereof has been granted, a renewal of the permit shall be
required for which a fee equal to of five dollars ($5) shall be c~half of
the review fee. A maximum of two renewals are allowed.
SECTION 10. -New Section. Section 11.06.045 is added to
chapter 11.06, to read as follows:
Sec. 11.06.045. Review and inspection fees. The city council
1 shall, by resolution, establish the fees to be assessed to implement and
operate the regulations adopted in this chapter. The resolution may
require that certain fees be pre-paid and/or designated to be non-
refundable because staff time and materials will be expended whether or
22 Ordinance
Amending Code Fees
" • ~ j • ' -•
not the permit applied for is approved by the city or pulled by the
applicant. In the event of any conflict or ambiguity regarding any fees
authorized under this chapter and established by council resolution, the
public works director is authorized to interpret the fee schedule(s) to
resolve that conflict or ambiguity.
SECTION 11. -New Section. Section 12.01.055 is added to
chapter 12.01, to read as follows:
Sec. 12.01.055. Fees. The city council, shall, by resolution,
I .
I estabfiSh the fees tO be aSS€SSed tO implement and Operate the regulations
adopted in this chapter. The resolution may require that certain fees be
pre-paid and/or designated to be non-refundable because staff time and
materials will be expended whether or not the permit applied for is
approved by the city or pulled by the applicant. In the event of any conflict
or ambiguity regarding any fees authorized under this chapter and
established by council resolution, the planning director is authorized to
Interpret the fee schedule(s) to resolve that conflict or ambiguity.
SECTION 12. -Severabifity. If any one or more section,
subsection, or sentence of this ordinance are held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion
of this ordinance and the same shall remain in full force and effect.
SECTION 13. -Corrections by Citv Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
23 Ordinance
Amending Code Fees
I
SECTION 14. -Effective Date. This ordinance shall take effect and
be in force on January 1, 2012, which is more than five (5) days from and
after its passage and publication.
ATTEST:
1 BRENDA JACOBER, C
I
TDBRUBAKER, CITY ATTORNEY
PASSED: 13 day of A-~--vvJ I 2011.
APPROVED: IL/-day of ~C9-ttJ?-iAJ
f 2011.
PUBLISHED: /IP day of /!le-~/' I 2011.
I hereby certify that this is a true copy of Ordinance No. 1 tJ/1
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Clvll\Ordlnance\Code Fee Amendments 120511.docx
~--~(SEAL)
BRENDA JACOB / CITY CLERK
24 Ordinance
Amending Code Fees
This page intentionally left blank.
Agenda Item: Consent Calendar – 7P_
TO: City Council
DATE: November 21, 2017
SUBJECT: South 224th Street Jorgensen Steel Improvements – Right-of-Way
Dedication – Authorize
SUMMARY: Improvements to 88th Avenue South and South 218th Street will be
constructed as part of the South 224th Street Improvement Project. This project
will provide widened shoulders and a two-way turn lane, as well as curbs, gutters,
and sidewalks. This project is scheduled to begin work in 2018.
The City purchased property at the southeast corner of 88th Avenue South and
South 218th Street from the Earl M. Jorgensen Company. The dedication of
roadway Right-of-Way is necessary to complete the project and to provide for the
installation of franchised utilities. After Right-of-Way dedication, the remaining
portion of the Jorgensen Steel site will be used for a stormwater management for
the project.
EXHIBITS: Right-of-Way Map and Legal Description
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: N/A
BUDGET IMPACTS: None
MOTION: Authorize the Mayor to sign the deed dedicating right-of-way for
the South 224th Street Improvement Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
EXHIBIT
TAX LOT 77578A0265
RIGHT OF WAY DEDICATION
ALL THAT PORTION OF TRACTS 26 AND 31, SHINN'S CLOVERDALE ADDITION TO KENT,
ACCORDING THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 52,
RECORDS IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., LYING SOUTH OF THAT PORTION DESCRIBED IN KING COUNTY DEED
RECORDED UNDER RECORDING NUMBER 8101130005, LYING EAST OF "LINE 1" AS
DESCRIBED IN KING COUNTY DEED RECORDED UNDER RECORDING NUMBER
20120504001646, AND LYING NORTHERLY AND WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 31; THENCE ALONG THE
EAST LINE OF SAID TRACT 31, SOO"59'45'W 16.93 FEET TO THE POINT OF BEGINNING
oF sAtD DESCRTBED L|NE; THENCE S88"29',21',W 211.56 FEET TO A pOtNT OF
TANGENCY WITH A261.50 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE
SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE AF 77"23'28"
AND ARC DISTANCE OF 353,22 FEET; THENCE S1 1"05'52"W 27 .24 FEET TO A POINT ON
sAlD "LtNE 1", HES (H|GHWAY ENGTNEER STATTON) 926+00 AS DESCRTBED tN SAID
DEED RECORDEO UNDER NUMBER 20120504001646, SAID POINT BEING OPPOSITE
FROM AND 148 42 FEET DISTANT FROM SAID HES 926+00, AND THE TERMINUS OF THE
HEREIN DESCRIBED LINE.
CONTAINING 14,798 SQUARE FEET, MORE OR LESS
t0 l9
EXHIBIT
CITY OF KENT
RIGHT OF WAY DEDICATION
DRAWN BY: TLM
SCALE: 1"=80'
DATE: 1012512017
CITY OF KENT
LAND SURVEY SECTION
LOCATED IN THE NE 1/4 SW 1/4
SEC 7, TOWNSHIP 22 N,
RANGE 5 E, W,M.
r
TERMINUS
HES 926+00
Project # 14-301 148.42',OPPOSTTE
PW2013-01
IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED AS
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILITY
IS ASSUMED BY REASON OF RELIANCE
HEREON.
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2¿
s11"05'52"W
27.24'-
"LINE I'' OF
DEED 20120504001646
211.56',
PARCEL #775780A265
TRACTS 26 & 31
SHINNS CLOVERDALE ADDITION
NE COR TRACT 3I
S 218TH ST
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Agenda Item: Other Business – 8A_
TO: City Council
DATE: November 21, 2017
SUBJECT: Ordinance - 2017 Refunding of Outstanding 2009 Utility Revenue Bonds
– Adopt
SUMMARY: The Finance Department has been working with our financial advisor,
Piper Jaffray & Co, and Bond Counsel, Pacifica Law Group LLP, to refund the City’s
2009 Build America Bonds (Revenue Bonds). The refunding, called a “crossover”
refunding, includes the issuance of new Revenue Bonds whereby the cash is
deposited in an irrevocable escrow and will be held until December 1, 2019, the
date the Build America Bonds (BAB’s) are callable.
The City will continue to pay the debt service on our Build America Bonds until and
including the December 1, 2019 payment date. The interest payments on the
newly issued Revenue Bonds will be made from the escrow account until and
including December 1, 2019. On December 1, 2019 the remaining monies in the
irrevocable escrow account will be used to redeem the City’s Build America Bonds
and the City will make the remaining debt service payments, principal and interest,
on the City’s 2017 issued Revenue Bonds.
The “crossover” refunding allows the City to capitalize on both the current low
rates in the bond market and BAB’s subsidy paid to the City from the Federal
Government. BAB’s are qualified bonds that provide a Federal subsidy through a
refundable tax credit on the interest paid by the issuer (the City).
The bond market fluctuates and therefore the most favorable market conditions
may occur on a day other than a regular meeting of the Council. The refunding
ordinance allows for the designated representative to approve the final refunding
as long as the following conditions are met:
• The aggregate principal amount of the Bonds does not exceed $16 million,
• final maturity date is no later than December 1, 2029,
• bonds are sold in the aggregate at a price not less than 97 percent and not
greater than 130 percent,
• savings associated with the refunding is at least 3 percent, and
• The true interest cost for the Bonds does not exceed 3.00 percent.
MOTION: Adopt Ordinance No. , providing for the issuance of
combined utility system revenue refunding bonds in the aggregate principal
amount of not to exceed $16,000,000 for the purpose of refunding, on a
crossover basis, a portion of the City’s combined utility system revenue
bonds series 2009B taxable (Build America Bonds – Direct Payment);
providing the form, terms and covenants of the bonds; delegating certain
authority to approve the final terms of the bonds; and authorizing other
matters related thereto, subject to the approval of final terms by the Finance
Director and City Attorney.
The proposed bonds are for refunding purposes (for savings) only; the City
receives no new money for project funding.
The refunding ordinance requires that the Finance Director provide a report to the
Council describing the final terms of the refunding. The authorization in the
ordinance extends to June 1, 2018. If the new Revenue Bonds are not sold by that
date, additional Council approval will be necessary. The anticipated closing date on
the refunding is December 28, 2017.
Revenue Bonds are used to finance construction or improvements to facilities of
enterprise systems operated by the City in accordance with the Capital
Improvement Program and are generally payable from the enterprise. No taxing
power or general fund pledge is provided as security. Revenue bonds are not
subject to the City’s statutory debt limitation and do not require voter approval.
BACKGROUND: Proceeds from the 2009 Revenue Bonds were used to finance capital
improvements to the City’s water collection and distribution system, the sanitary
sewerage collection and disposal system, and the storm and surface water utility.
Projects include levee improvements, pipe replacements, pump station improvements,
and other capital improvements to the system.
EXHIBITS: Ordinance
RECOMMENDED BY: Finance; Operations Committee
YEA: Ralph, Boyce, Thomas NAY: N/A
BUDGET IMPACTS: Current estimates (November 2017) on the refunding are a net
present value savings between $940,000 and $915,000 on the life of the bonds.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, authorizing the issuance
of combined utility system revenue refunding
bonds in the aggregate principal amount of not to
exceed $16,000,000 for the purpose of refunding,
on a crossover basis, a portion of the City’s
combined utility system revenue bonds series
2009B taxable (Build America Bonds – Direct
Payment); providing the form, terms and
covenants of the bonds; delegating certain
authority to approve the final terms of the bonds;
and authorizing other matters related thereto.
RECITALS
A. The City of Kent, Washington (the “City”) owns, operates and
maintains a water collection and distribution system (the “Water Utility”);
and
B. The City owns, operates and maintains a combined sanitary
sewage collection and disposal system and storm and surface water utility
(the “System of Sewerage”); and
C. The City Council has previously combined the Water Utility
and the System of Sewerage (hereinafter defined as the “System”) for the
purpose of debt issuance; and
D. The City currently has outstanding its Combined Utility
1 Combined Utility System
Revenue Refunding Bonds
System Revenue Bonds, Series 2009A (the “2009A Bonds”) and its
Combined Utility System Revenue Bonds, Series 2009B Taxable (Build
America Bonds – Direct Payment) (the “2009B Bonds” and together with
the 2009A Bonds, the “Outstanding Parity Bonds”), issued on
September 3, 2009 pursuant to Ordinance No. 3925 passed by the City
Council on August 4, 2009 (the “2009 Bond Ordinance”); and
E. The 2009 Bond Ordinance provides that additional combined
utility system revenue bonds may be issued with a lien on Net Revenues
(as defined herein) on a parity with the lien of the Outstanding Parity
Bonds if certain conditions are met; and
F. The 2009 Bond Ordinance provides that the 2009B Bonds
maturing on December 1, 2024 and December 1, 2029 are subject to
optional redemption prior to maturity beginning on December 1, 2019, in
whole or in part at any time, at a price of par plus accrued interest to the
date of redemption; and
G. After due consideration it appears to the City Council that
such 2009B Bonds may be refunded on a crossover basis by proceeds of
combined utility system revenue bonds authorized herein (the “Bonds”) at
a savings to the City and its ratepayers; and
H. The City Council wishes to delegate authority to the Mayor
(the “Designated Representative”) for a limited time, to approve the
interest rates, maturity dates, redemption terms, and other terms for the
Bonds within the parameters set by this ordinance; and
2 Combined Utility System
Revenue Refunding Bonds
I. The Bonds shall be sold by negotiated sale as set forth
herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Definitions and Interpretation of Terms.
(a) Definitions. As used in this ordinance, the following words
shall have the following meanings:
Accreted Value means (1) with respect to any Capital Appreciation
Bonds, as of any date of calculation, the sum of the amount set forth in
the ordinance authorizing their issuance as the amount representing the
initial principal amount of such Capital Appreciation Bonds plus the interest
accumulated, compounded and unpaid thereon as of the most recent
compounding date, or (2) with respect to Original Issue Discount Bonds,
as of the date of calculation, the amount representing the initial public
offering price of such Original Issue Discount Bonds plus the amount of
discounted principal that has accreted since the date of issue. In each
case, the Accreted Value shall be determined in accordance with the
provisions of the ordinance authorizing the issuance of such Balloon
Maturity Bonds.
Acquired Obligations means the Government Obligations acquired
by the City under the terms of this ordinance and the Escrow Agreement,
but only to the extent that the same are acquired at Fair Market Value.
3 Combined Utility System
Revenue Refunding Bonds
Annual Debt Service means the total amount of Debt Service for
any Parity Bond or series of Parity Bonds or other evidences of
indebtedness payable from Revenue of the System in any fiscal year or
Base Period.
Balloon Maturity Bonds mean any evidences of indebtedness of the
City payable from Revenue of the System that are so designated in the
ordinance pursuant to which such indebtedness is incurred.
Base Period means any consecutive 12-month period selected by
the City out of the 24-month period next preceding the date of issuance of
an additional series of Future Parity Bonds.
Beneficial Owner means any person that has or shares the power,
directly or indirectly, to make investment decisions concerning ownership
of any Bonds (including persons holding Bonds through nominees,
depositories or other intermediaries).
Bond Counsel means Pacifica Law Group LLP or an attorney at law
or a firm of attorneys, selected by the City, of nationally recognized
standing in matters pertaining to the tax exempt nature of interest on
bonds issued by states and their political subdivisions.
Bond Fund means the City of Kent Revenue Bond Fund and also
shall include any fund established in the future for the payment of debt
service on Parity Bonds.
Bond Purchase Contract means the contract for the purchase of the
Bonds between the Underwriter and the City, executed pursuant to this
ordinance.
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Bond Register means the registration books showing the name,
address and tax identification number of each Registered Owner of the
Bonds, maintained pursuant to Section 149(a) of the Code.
Bond Registrar means, initially, the fiscal agent of the State, for the
purposes of registering and authenticating the Bonds, maintaining the
Bond Register, effecting transfer of ownership of the Bonds and paying
interest on and principal of the Bonds.
Bonds mean the City’s Combined Utility System Revenue Refunding
Bonds, with such series designation as approved by the Designated
Representative, authorized to be issued by this ordinance.
Capital Appreciation Bonds mean any Future Parity Bonds all or a
portion of the interest on which is compounded, accumulated and payable
only upon redemption or on the maturity date of such Capital Appreciation
Bonds. If so provided in the ordinance authorizing their issuance, Future
Parity Bonds may be deemed to be Capital Appreciation Bonds for only a
portion of their term. On the date on which Future Parity Bonds no longer
are Capital Appreciation Bonds, they shall be deemed outstanding in a
principal amount equal to their Accreted Value.
Chief Administrative Officer means the Chief Administrative Officer
of the City or the successor to such officer.
City means the City of Kent, Washington, a municipal corporation
duly organized and existing under and by virtue of the Constitution and
laws of the State.
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City Council or Council means the City Council as the general
legislative authority of the City, as duly and regularly constituted from
time to time.
Code means the Internal Revenue Code of 1986 as in effect on the
date of issuance of the Bonds or (except as otherwise referenced herein)
as it may be amended to apply to obligations issued on the date of
issuance of the Bond, together with applicable proposed, temporary and
final regulations promulgated, and applicable official public guidance
published, under the Code.
Commission means the Securities and Exchange Commission.
Common Reserve Bonds mean (a) the Outstanding Parity Bonds and
(b) those Future Parity Bonds designated in the ordinance authorizing their
issuance as Common Reserve Bonds secured by the Common Reserve
Account. The Bonds are not “Covered Bonds” (as that term is used in the
2009 Bond Ordinance) or Common Reserve Bonds.
Common Reserve Account means the Debt Service Reserve Account
maintained within the Bond Fund for the purpose of securing Common
Reserve Bonds.
Consultant means at any time an independent municipal financial
consultant appointed by the City to perform the duties of the Consultant
as required by this ordinance. For the purposes of delivering any
certificate required in connection with the issuance of Future Parity Bonds
and making the related calculations, the term Consultant shall also include
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any independent public accounting firm or engineer appointed by the City
to make such calculation or to provide such certificate.
Continuing Disclosure Certificate means the written undertaking for
the benefit of the owners and Beneficial Owners of the Bonds as required
by Section (b)(5) of the Rule.
Contract Resource Obligation means an obligation of the City,
designated as a Contract Resource Obligation and entered into pursuant to
Section 6 of this ordinance, to make payments for water or sewer supply,
transmission or other commodity or service to another person or entity.
Costs of Maintenance and Operation means all reasonable expenses
incurred by the City in causing the System of the City to be operated and
maintained in good repair, working order and condition, deposits,
premiums, assessments or other payments for insurance, if any, on the
System; payments into pension funds; State-imposed taxes; amounts due
under Contract Resource Obligations (but only at the times described in
Section 6 of this ordinance); payments made to any other person or entity
for the receipt of water or sewer supply or transmission or other right,
commodity or service; payments made to any other person or entity that
are required in connection with the operation of the System or the
acquisition or transmission of water or sewer or storm water and that are
not subordinate to the lien of the Parity Bonds; and payments with respect
to any other expenses of the System that are properly treated as
operation and maintenance expenses under generally accepted accounting
principles applicable to municipal corporations, but shall not include any
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payments for principal or interest or into the Common Reserve Account or
any other Parity Bond Reserve Account, depreciation or taxes levied or
imposed by the City or payments to the City in lieu of taxes, or capital
additions or capital replacements to the System.
Coverage Stabilization Account means the account of that name
maintained by the City pursuant to this ordinance.
Crossover Date means December 1, 2019.
Debt Service means, for any period of time,
(a) with respect to any outstanding Original Issue Discount
Bonds or Capital Appreciation Bonds which are not designated as Balloon
Maturity Bonds in the ordinance authorizing their issuance, the principal
amount thereof shall be equal to the Accreted Value thereof maturing or
scheduled for redemption in such period, and the interest payable during
such period;
(b) with respect to any outstanding Fixed Rate Bonds, an amount
equal to (1) the principal amount of such Fixed Rate Bonds due or subject
to mandatory redemption during such period and for which no sinking fund
installments have been established, (2) the amount of any payments
required to be made during such period into any sinking fund established
for the payment of any such Fixed Rate Bonds, plus (3) all interest
payable during such period on any such outstanding Fixed Rate Bonds and
with respect to Fixed Rate Bonds with mandatory sinking fund
requirements, calculated on the assumption that mandatory sinking fund
installments will be applied to the redemption or retirement of such Fixed
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Rate Bonds on the date specified in the ordinance authorizing such Fixed
Rate Bonds; and
(c) with respect to all other series of Parity Bonds, other than
Fixed Rate Bonds, Original Issue Discount Bonds or Capital Appreciation
Bonds, specifically including but not limited to Balloon Maturity Bonds and
Parity Bonds bearing variable rates of interest, an amount for any period
equal to the amount which would have been payable for principal and
interest on such Parity Bonds during such period computed on the
assumption that the amount of Parity Bonds as of the date of such
computation would be amortized (1) in accordance with the mandatory
redemption provisions, if any, set forth in the ordinance authorizing the
issuance of such Parity Bonds, or if mandatory redemption provisions are
not provided, during a period commencing on the date of computation and
ending on the earlier of (i) the date 30 years after the date of issuance or
(ii) the final maturity (2) at an interest rate equal to the yield to maturity
set forth in the 40-Bond Index published in the edition of The Bond Buyer
(or comparable publication or such other similar index selected by the
City) and published within ten days prior to the date of calculation or, if
such calculation is being made in connection with the certificate required
by Section 9 hereof, then within ten days of such certificate, (3) to provide
for essentially level annual debt service of principal and interest over such
period.
Debt Service shall be calculated net of any interest funded out of
Parity Bond proceeds. From and after the date that the Outstanding Parity
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Bonds are defeased, redeemed, or otherwise no longer outstanding, Debt
Service for purposes of the Parity Requirement and the Rate Covenant
shall be calculated net of any principal and interest scheduled to be paid
out of Parity Bond proceeds.
Debt Service shall include reimbursement obligations to providers of
credit facilities to the extent authorized by ordinance. It is the City’s intent
that regularly scheduled payments to be made by or received by the City
under Parity Derivative Products shall be added to and deducted from,
respectively, Debt Service with respect to Parity Bonds associated with
such Parity Derivative Product, to the extent authorized by ordinance.
Debt Service Offset means receipts of the City that are not included
in Revenue of the System and that are legally available to pay debt
service on Parity Bonds, including without limitation federal interest
subsidy payments pledged to pay Debt Service Offsets, designated as such
by the Designated Representative.
Designated Representative means the Mayor, or his or her
designee. If the Mayor is absent or otherwise unavailable and has not
designated another representative, the Mayor Pro Tempore of the City, or
his or her designee, shall serve as the Designated Representative.
DTC means The Depository Trust Company, New York, New York, a
limited purpose trust company organized under the laws of the State of
New York, as initial depository for the Bonds.
Escrow Agent means U.S. Bank National Association, Seattle,
Washington.
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Escrow Agreement means the Escrow Deposit Agreement between
the City and the Escrow Agent to be dated as of the date of closing and
delivery of the Bonds.
Fair Market Value means the price at which a willing buyer would
purchase an investment from a willing seller in a bona fide, arm's-length
transaction, except for specified investments as described in Treasury
Regulation §1.148-5(d)(6), including United States Treasury obligations,
certificates of deposit, guaranteed investment contracts, and investments
for yield restricted defeasance escrows. Fair Market Value is generally
determined on the date on which a contract to purchase or sell an
investment becomes binding, and, to the extent required by the applicable
regulations under the Code, the term “investment” will include a hedge.
Federal Tax Certificate means the Federal Tax Certificate signed by
the Finance Director pertaining to the tax-exemption of interest on the
Bonds.
Finance Director means the Finance Director of the City, or any
successor to the functions of the Finance Director.
Fitch means Fitch, Inc., organized and existing under the laws of
the State of Delaware, its successors and their assigns, and, if such
organization shall be dissolved or liquidated or shall no longer perform the
functions of a securities rating agency, Fitch shall be deemed to refer to
any other nationally recognized securities rating agency (other than S&P,
Moody’s or Kroll) designated by the Finance Director.
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Fixed Rate Bonds mean those Parity Bonds other than Capital
Appreciation Bonds, Original Issue Discount Bonds or Balloon Maturity
Bonds issued under an ordinance in which the rate of interest on such
Parity Bonds is fixed and determinable through their final maturity or for a
specified period of time. If so provided in the ordinance authorizing their
issuance, Parity Bonds may be deemed to be Fixed Rate Bonds for only a
portion of their term.
Future Parity Bonds mean any combined utility system revenue
bonds which the City may hereafter issue having a lien upon the Revenue
of the System for the payment of the principal thereof and interest
thereon equal to the lien upon the Revenue of the System of the
Outstanding Parity Bonds and the Bonds.
Government Loans mean loans to the City from the Public Works
Trust Fund and any other subordinate lien revenue loans received by the
City in the future from the State or the United States of America.
Government Obligations means those obligations now or hereafter
defined as such in chapter 39.53 RCW constituting direct obligations of the
United States or obligations unconditionally guaranteed by the United
States, as such chapter may be hereafter amended or restated.
Kroll means Kroll Bond Rating Agency, its successors and assigns,
and, if such corporation shall be dissolved or liquidated or shall no longer
perform the functions of a securities rating agency, Kroll shall be deemed
to refer to any other nationally recognized securities rating agency (other
than S&P, Fitch and Moody’s) designated by the Finance Director.
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Letter of Representations means the Blanket Issuer Letter of
Representations from the City to DTC, as amended from time to time.
Maximum Annual Debt Service means highest dollar amount of
Annual Debt Service in any fiscal year or Base Period for all outstanding
Parity Bonds and/or for all subordinate lien evidences of indebtedness
secured by Revenue of the System, as the context requires.
Mayor means the duly elected Mayor of the City or the successor to
such officer.
Moody’s means Moody’s Investors Service, its successors and
assigns, and, if such corporation shall be dissolved or liquidated or shall no
longer perform the functions of a securities rating agency, Moody’s shall
be deemed to refer to any other nationally recognized securities rating
agency (other than S&P, Fitch and Kroll) designated by the Finance
Director.
MSRB means the Municipal Securities Rulemaking Board or any
successors to its functions.
Net Revenue means Revenue of the System less Costs of
Maintenance and Operation.
Official Statement means the disclosure documents prepared and
delivered in connection with the issuance of the Bonds.
Original Issue Discount Bonds mean Parity Bonds which are sold at
an initial public offering price of less than 95% of their face value and
which are specifically designated as Original Issue Discount Bonds in the
ordinance authorizing their issuance.
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Other Derivative Product means a payment agreement entered into
in connection with one or more series of Parity Bonds between the City
and a counterparty permitted under chapter 39.96 RCW, as amended from
time to time, or any successor statute, which is not a Parity Derivative
Product.
Outstanding Parity Bonds mean the outstanding 2009A Bonds and
2009B Bonds.
Parity Bond Reserve Account means any reserve fund or account
established by the City for the purpose of securing the payment of the
principal of and interest on one or more series of Parity Bonds. The
Common Reserve Account is a Parity Bond Reserve Account.
Parity Bonds means the Outstanding Parity Bonds, the Bonds and
any Future Parity Bonds.
Parity Derivative Product means a payment agreement between the
City and a counterparty satisfying the requirements of chapter 39.96 RCW,
as amended from time to time, or any successor statute, obligating the
City to make regularly scheduled payments to the counterparty on a parity
with the payment of debt service on Parity Bonds.
Parity Requirement means Net Revenues equal to or greater than:
(a) 120% of Maximum Annual Debt Service for all Parity Bonds
computed by deducting from Annual Debt Service the Annual Debt Service
for each series or issue of Parity Bonds that is covered by ULID
Assessments and any Debt Service Offsets, and
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(b) 100% of Maximum Annual Debt Service for all subordinate
lien evidences of indebtedness secured by Revenue of the System.
In determining the amount of Annual Debt Service “covered by
ULID Assessments”, Annual Debt Service for each future year is reduced
by the dollar amount of ULID Assessments projected to be received during
such future year, and the remaining outstanding ULID Assessments are
assumed to be paid in the remaining number of annual installments with
no prepayments.
Qualified Insurance means any non-cancelable municipal bond
insurance policy or surety bond issued by any insurance company licensed
to conduct an insurance business in any state of the United States (or by a
service corporation acting on behalf of one or more such insurance
companies) which insurance company or companies, as of the time of
issuance of such policy or surety bond, are rated in one of the two highest
Rating Categories by any Rating Agency.
Qualified Letter of Credit means any irrevocable letter of credit
issued by a financial institution for the account of the City on behalf of
registered owners of the applicable Parity Bonds, which institution
maintains an office, agency or branch in the United States and as of the
time of issuance of such letter of credit, is rated in one of the two highest
Rating Categories by any Rating Agency.
Rate Covenant means Net Revenue in each fiscal year will be in an
amount at least equal to 120% of the amounts required in such fiscal year
to be paid as scheduled debt service (principal and interest) on all Parity
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Bonds, subtracting from scheduled debt service (1) the amount of ULID
Assessments collected in such year and (2) Debt Service Offsets.
Furthermore, in determining compliance with the Rate Covenant, Net
Revenues are subject to adjustment to reflect the following:
(a) It is the intent of the City that regularly scheduled net
payments under Parity Derivative Products be reflected in the calculation
of debt service with respect to the associated Parity Bonds and not as
adjustments to Revenue or Costs of Maintenance and Operation; and
(b) Revenue and Costs of Maintenance and Operation may be
adjusted, regardless of then applicable generally accepted accounting
principles, for certain items (e.g., to omit unrealized gains or losses in
investments) to reflect more fairly the System’s annual operating
performance.
Rating Agency means Moody’s, S&P or Fitch. From and after the
date that the Outstanding Parity Bonds are defeased, redeemed, or
otherwise no longer outstanding, the term Rating Agency shall mean
Moody’s, S&P, Fitch, Kroll, or any rating agency then maintaining a rating
for the Bonds.
Rating Category means the generic rating categories of the Rating
Agency, without regard to any refinement or gradation of such rating
category by a numerical modifier or otherwise.
Record Date means the close of business for the Bond Registrar that
is 15 days preceding any interest and/or principal payment or redemption
date.
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Refunded Bonds means the 2009B Bonds maturing after
December 1, 2019.
Refunding Account means the account by that name established
pursuant to Section 15.
Registered Owner means the person named as the registered owner
of a Bond in the Bond Register. For so long as the Bonds are held in book-
entry only form, DTC or its nominee shall be deemed to be the sole
Registered Owner.
Reserve Requirement is the dollar amount to be calculated with
respect to all Common Reserve Bonds and separately with respect to other
Parity Bonds.
(a) With respect to Common Reserve Bonds, the Reserve
Requirement shall be equal to the least of:
(1) Maximum Annual Debt Service for Common Reserve
Bonds,
(2) 10% of the initial principal amount of Common Reserve
Bonds of each series, and
(3) 125% of average annual debt service for Common
Reserve Bonds;
provided, however, that the dollar amount required to be contributed, if
any, as a result of the issuance of a series of Future Parity Bonds shall not
be greater than the Tax Maximum. If the dollar amount required to be
contributed at the time of issuance of a series exceeds the Tax Maximum,
17 Combined Utility System
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then the amount required to be contributed shall be equal to the Tax
Maximum.
(b) With respect to other series of Parity Bonds, the Reserve
Requirement shall be equal to the amount specified in the ordinance
authorizing the issuance of that series of Parity Bonds, which may be zero.
The Reserve Requirement shall be adjusted accordingly and remain
in effect until the earlier of (1) at the City’s option, a payment of principal
of Parity Bonds or (2) the issuance of a subsequent series of Future Parity
Bonds (when the Reserve Requirement shall be re-calculated).
Revenue Fund means, collectively, Water Fund and the Sewerage
Fund, each maintained by the City, and shall also include any other fund
of the City into which the Revenue of the System is deposited.
Revenue of the System or Revenue means all of the earnings and
revenues received by the City from the maintenance and operation of the
System and connection and capital improvement charges collected for the
purpose of defraying the cost of capital facilities of the System, including
investment earnings, but excluding government grants, proceeds from the
sale of System property, City taxes collected by or through the System,
principal proceeds of bonds and earnings or proceeds from any
investments in a trust, defeasance or escrow fund created to defease or
refund System obligations (until commingled with other earnings and
revenues of the System) or held in a special account for the purpose of
paying a rebate to the United States Government under the Code.
Revenue of the System shall also include any federal or state
18 Combined Utility System
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reimbursements of operating expenses to the extent such expenses are
included as Costs of Maintenance and Operation; provided, however, that
Revenue of the System shall not include ULID Assessments. Amounts
withdrawn from the Coverage Stabilization Account shall increase Revenue
for the period in which they are withdrawn, and amounts deposited in the
Coverage Stabilization Account shall reduce Revenue for the period during
which they are deposited. Credits to or from the Coverage Stabilization
Account that occur within 90 days after the end of a fiscal year may be
treated as occurring within such fiscal year.
Rule means the SEC’s Rule 15c2-12 under the Securities Exchange
Act of 1934, as the same may be amended from time to time.
S&P means S&P Global Ratings, its successors and assigns, and, if
such corporation shall be dissolved or liquidated or shall no longer perform
the functions of a securities rating agency, S&P shall be deemed to refer to
any other nationally recognized securities rating agency (other than
Moody’s, Fitch, and Kroll) designated by the Finance Director.
State means the State of Washington.
System means, for so long as any of the Parity Bonds are
outstanding: (a) the water collection and distribution system of the City,
as it now exists and including all additions, betterments and extensions at
any time made; (b) the sanitary sewage collection and disposal system of
the City, as it now exists and including all additions, betterments and
extensions at any time made; (c) the storm and surface water utility of
the City, as it now exists and including all additions, betterments and
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Revenue Refunding Bonds
extensions at any time made; and (d) any other system or utility, that
may lawfully be combined with the foregoing.
Tax Maximum means the maximum dollar amount permitted by the
Code to be allocated to a bond reserve account from bond proceeds
without requiring a balance to be invested at a restricted yield.
Term Bonds means any Parity Bonds designated by the City as term
bonds that are payable as to principal, in part, by mandatory sinking fund
redemptions prior to their stated maturities.
ULID means a utility local improvement district of the City. The City
does not currently have any existing utility local improvement districts.
ULID Assessments means the assessments levied in all ULIDs, the
assessments in which are payable into the Bond Fund, and shall include
installments thereof and interest and any penalties thereon.
2009 Bond Ordinance means Ordinance No. 3925 passed by the
City Council on August 4, 2009 authorizing the issuance of the 2009A
Bonds and the 2009B Bonds.
2009A Bonds mean the City’s Combined Utility System Revenue
Bonds, Series 2009A issued on September 3, 2009 in the original
aggregate principal amount of $9,120,000 pursuant to the 2009 Bond
Ordinance.
2009B Bonds mean the City’s Combined Utility System Revenue
Bonds, Series 2009B Taxable (Build America Bonds – Direct Payment)
issued on September 3, 2009 in the original aggregate principal amount of
$15,880,000 pursuant to the 2009 Bond Ordinance.
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Underwriter means KeyBanc Capital Markets Inc., or its successors.
Rules of Interpretation. In this ordinance, unless the context
otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein, “hereunder”
and any similar terms, as used in this ordinance, refer to this ordinance as
a whole and not to any particular article, section, subdivision or clause
hereof, and the term “hereafter” shall mean after, and the term
“heretofore” shall mean before, the date of this ordinance;
(b) Words of the masculine or feminine gender shall mean and
include correlative words of any gender and words importing the singular
number shall mean and include the plural number and vice versa;
(c) Words importing persons shall include firms, associations,
partnerships (including limited partnerships), trusts, corporations and
other legal entities, including public bodies, as well as natural persons;
(d) Any headings preceding the text of the several sections of
this ordinance, and any table of contents or marginal notes appended to
copies hereof, shall be solely for convenience of reference and shall not
constitute a part of this ordinance, nor shall they affect its meaning,
construction or effect;
(e) All references herein to “articles,” “sections” and other
subdivisions or clauses are to the corresponding articles, sections,
subdivisions or clauses hereof; and
(f) Words importing the singular number include the plural
number and vice versa.
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SECTION 2. - Findings Regarding Parity Provisions. As required by
Section 10 of the 2009 Bond Ordinance, the City Council hereby finds that
the City has not been in default of the Rate Covenant for the immediately
preceding fiscal year, this ordinance contains the covenants required by
the 2009 Bond Ordinance, and prior to the issuance of the Bonds the City
will have on file a certificate demonstrating satisfaction of the Parity
Requirement and the other conditions for the issuance of Future Parity
Bonds set forth in such section.
The conditions contained in the 2009 Bond Ordinance having been
complied with or assured, the payments required herein to be made out of
the Revenue Fund into the Bond Fund to pay and secure the payment of
the principal of and interest on the Bonds shall constitute a lien and
charge upon the money in the Revenue Fund equal in rank with the lien
and charge thereon for the payments required to be made for the
Outstanding Parity Bonds.
SECTION 3. - Authorization and Description of Bonds. The City is
hereby authorized to issue combined utility system revenue refunding
bonds (the “Bonds”) in a principal amount of not to exceed $16,000,000
for the purpose of providing the funds necessary (a) to refund the
Refunded Bonds on a crossover basis, (b) to pay interest on the Bonds on
and prior to the Crossover Date, and (c) to pay all or a portion of the costs
incidental to the foregoing and to the issuance of the Bonds.
The Bonds shall be designated the “City of Kent, Washington,
Combined Utility System Revenue Refunding Bonds” with such series
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designation as set forth in the Bonds and approved by the Designated
Representative. The Bonds shall be dated as of the date of issuance and
delivery; shall be fully registered as to both principal and interest; shall be
in the denomination of $5,000 each, or any integral multiple thereof,
within a maturity; shall be numbered separately in such manner and with
any additional designation as the Bond Registrar deems necessary for
purposes of identification; shall bear interest from their date payable on
the dates and commencing as provided in the Bond Purchase Contract;
and shall mature on the dates and in the principal amounts set forth in the
Bond Purchase Contract, as approved and executed by the Designated
Representative pursuant to this ordinance.
SECTION 4. – Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and
adopts the system of registration approved by the Washington State
Finance Committee from time to time through the appointment of state
fiscal agents. The City shall cause a bond register to be maintained by the
Bond Registrar. So long as any Bonds remain outstanding, the Bond
Registrar shall make all necessary provisions to permit the exchange or
registration or transfer of Bonds at its designated office. The Bond
Registrar may be removed at any time at the option of the Finance
Director upon prior notice to the Bond Registrar and a successor Bond
Registrar appointed by the Finance Director. No resignation or removal of
the Bond Registrar shall be effective until a successor shall have been
appointed and until the successor Bond Registrar shall have accepted the
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duties of the Bond Registrar hereunder. The Bond Registrar is authorized,
on behalf of the City, to authenticate and deliver Bonds transferred or
exchanged in accordance with the provisions of such Bonds and this
ordinance and to carry out all of the Bond Registrar’s powers and duties
under this ordinance. The Bond Registrar shall be responsible for its
representations contained in the Certificate of Authentication of the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each
in its discretion, may deem and treat the Registered Owner of each Bond
as the absolute owner thereof for all purposes (except as provided in the
Continuing Disclosure Certificate), and neither the City nor the Bond
Registrar shall be affected by any notice to the contrary. Payment of any
such Bond shall be made only as described in Section 4(g), but such Bond
may be transferred as herein provided. All such payments made as
described in Section 4(g) shall be valid and shall satisfy and discharge the
liability of the City upon such Bond to the extent of the amount or
amounts so paid.
(c) DTC Acceptance/Letters of Representations. The Bonds
initially shall be held by DTC acting as depository. The City has executed
and delivered to DTC a Blanket Issuer Letter of Representations. Neither
the City nor the Bond Registrar shall have any responsibility or obligation
to DTC participants or the persons for whom they act as nominees (or any
successor depository) with respect to the Bonds in respect of the accuracy
of any records maintained by DTC (or any successor depository) or any
DTC participant, the payment by DTC (or any successor depository) or any
24 Combined Utility System
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DTC participant of any amount in respect of the principal of or interest on
Bonds, any notice which is permitted or required to be given to Registered
Owners under this ordinance (except such notices as shall be required to
be given by the City to the Bond Registrar or to DTC (or any successor
depository)), or any consent given or other action taken by DTC (or any
successor depository) as the Registered Owner. For so long as any Bonds
are held by a depository, DTC or its successor depository or its nominee
shall be deemed to be the Registered Owner for all purposes hereunder,
and all references herein to the Registered Owners shall mean DTC (or any
successor depository) or its nominee and shall not mean the owners of
any beneficial interest in such Bonds.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of
“Cede & Co.”, as nominee of DTC, with one Bond maturing on each of the
maturity dates for the Bonds in a denomination corresponding to the total
principal therein designated to mature on such date. Registered
ownership of such Bonds, or any portions thereof, may not thereafter be
transferred except (A) to any successor of DTC or its nominee, provided
that any such successor shall be qualified under any applicable laws to
provide the service proposed to be provided by it; (B) to any substitute
depository appointed by the Finance Director pursuant to subsection (2)
below or such substitute depository’s successor; or (C) to any person as
provided in subsection (4) below.
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(2) Upon the resignation of DTC or its successor (or any
substitute depository or its successor) from its functions as depository or a
determination by the Finance Director to discontinue the system of book
entry transfers through DTC or its successor (or any substitute depository
or its successor), the Finance Director may hereafter appoint a substitute
depository. Any such substitute depository shall be qualified under any
applicable laws to provide the services proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (A) or
(B) of subsection (1) above, the Bond Registrar shall, upon receipt of all
outstanding Bonds together with a written request on behalf of the
Finance Director, issue a single new Bond for each maturity of that series
then outstanding, registered in the name of such successor or such
substitute depository, or their nominees, as the case may be, all as
specified in such written request of the Finance Director.
(4) In the event that (A) DTC or its successor (or
substitute depository or its successor) resigns from its functions as
depository, and no substitute depository can be obtained, or (B) the
Finance Director determines that it is in the best interest of the beneficial
owners of the Bonds that such owners be able to obtain physical Bond
certificates, the ownership of such Bonds may then be transferred to any
person or entity as herein provided, and shall no longer be held by a
depository. The Finance Director shall deliver a written request to the
Bond Registrar, together with a supply of physical Bonds, to issue Bonds
as herein provided in any authorized denomination. Upon receipt by the
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Bond Registrar of all then outstanding Bonds together with a written
request on behalf of the Finance Director to the Bond Registrar, new
Bonds of such series shall be issued in the appropriate denominations and
registered in the names of such persons as are requested in such written
request.
(e) Registration of Transfer of Ownership or Exchange; Change in
Denominations. The transfer of any Bond may be registered and Bonds
may be exchanged, but no transfer of any such Bond shall be valid unless
it is surrendered to the Bond Registrar with the assignment form
appearing on such Bond duly executed by the Registered Owner or such
Registered Owner’s duly authorized agent in a manner satisfactory to the
Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the
surrendered Bond and shall authenticate and deliver, without charge to
the Registered Owner or transferee therefor, a new Bond (or Bonds at the
option of the new Registered Owner) of the same date, maturity, and
interest rate and for the same aggregate principal amount in any
authorized denomination, naming as Registered Owner the person or
persons listed as the assignee on the assignment form appearing on the
surrendered Bond, in exchange for such surrendered and cancelled Bond.
Any Bond may be surrendered to the Bond Registrar and exchanged,
without charge, for an equal aggregate principal amount of Bonds of the
same date, maturity, and interest rate, in any authorized denomination.
The Bond Registrar shall not be obligated to register the transfer of or to
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exchange any Bond during the period from the Record Date to the
redemption or payment date.
(f) Bond Registrar’s Ownership of Bonds. The Bond Registrar
may become the Registered Owner of any Bond with the same rights it
would have if it were not the Bond Registrar, and to the extent permitted
by law, may act as depository for and permit any of its officers or directors
to act as a member of, or in any other capacity with respect to, any
committee formed to protect the right of the Registered Owners or
beneficial owners of Bonds.
(g) Place and Medium of Payment. Both principal of and interest
on the Bonds shall be payable in lawful money of the United States of
America. Interest on the Bonds shall be calculated on the basis of a year
of 360 days and twelve 30 day months. For so long as all Bonds are held
by a depository, payments of principal thereof and interest thereon shall
be made as provided in accordance with the operational arrangements of
DTC referred to in the Letter of Representations. In the event that the
Bonds are no longer held by a depository, interest on the Bonds shall be
paid by check or draft mailed to the Registered Owners at the addresses
for such Registered Owners appearing on the Bond Register on the Record
Date, or upon the written request of a Registered Owner of more than
$1,000,000 of Bonds (received by the Bond Registrar at least by the
Record Date), such payment shall be made by the Bond Registrar by wire
transfer to the account within the United States designated by the
Registered Owner. Principal of the Bonds shall be payable upon
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presentation and surrender of such Bonds by the Registered Owners at the
designated office of the Bond Registrar.
If any Bond is duly presented for payment and funds have not been
provided by the City on the applicable payment date, then interest will
continue to accrue thereafter on the unpaid principal thereof at the rate
stated on the Bond until the Bond is paid.
SECTION 5. – Redemption and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional
Redemption. The Bonds shall be subject to mandatory redemption to the
extent, if any, set forth in the Bond Purchase Contract and as approved by
the Designated Representative pursuant to this ordinance. The Bonds
shall be subject to optional redemption on the dates, at the prices and
under the terms set forth in the Bond Purchase Contract approved by the
Designated Representative pursuant to this ordinance.
(b) Purchase of Bonds. The City reserves the right to use at any
time (i) any surplus Revenue of the System available after providing for
the payments required by paragraphs First through Fifth of Section 6 of
this ordinance, or (ii) other legally available City funds, to purchase for
retirement any of the Bonds at any price deemed reasonable by the City.
To the extent that the City shall have purchased any Balloon
Maturity Bonds or Term Bonds since the last scheduled mandatory
redemption of such Balloon Maturity Bonds, the City may reduce the
principal amount of such Balloon Maturity Bonds or Term Bonds to be
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redeemed in like principal amount. Such reduction may be applied in the
year specified by the Finance Director.
(c) Selection of Bonds for Redemption. For as long as the Bonds
are held in book entry only form, the selection of particular Bonds within a
maturity to be redeemed shall be made in accordance with the operational
arrangements then in effect at DTC. If the Bonds are no longer held by a
depository, the selection of such Bonds to be redeemed and the surrender
and reissuance thereof, as applicable, shall be made as provided in the
following provisions of this subsection (c). If the City redeems at any one
time fewer than all of the Bonds having the same maturity date, the
particular Bonds or portions of Bonds of such maturity to be redeemed
shall be selected by lot (or in such manner determined by the Bond
Registrar) in increments of $5,000. In the case of a Bond of a
denomination greater than $5,000, the City and the Bond Registrar shall
treat each Bond as representing such number of separate Bonds each of
the denomination of $5,000 as is obtained by dividing the actual principal
amount of such Bond by $5,000. In the event that only a portion of the
principal sum of a Bond is redeemed, upon surrender of such Bond at the
designated office of the Bond Registrar there shall be issued to the
Registered Owner, without charge therefor, for the then unredeemed
balance of the principal sum thereof, at the option of the Registered
Owner, a Bond or Bonds of like maturity and interest rate in any of the
denominations herein authorized.
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(d) Notice of Redemption.
(1) Official Notice. For so long as the Bonds are held by a
depository, notice of redemption shall be given in accordance with the
operational arrangements of DTC as then in effect, and neither the City
nor the Bond Registrar shall provide any notice of redemption to any
beneficial owners. The notice of redemption may be conditional. Unless
waived by any owner of Bonds to be redeemed, official notice of any such
redemption (which redemption may be conditioned by the Bond Registrar
on the receipt of sufficient funds for redemption or otherwise) shall be
given by the Bond Registrar on behalf of the City by mailing a copy of an
official redemption notice by first class mail at least 20 days and not more
than 60 days prior to the date fixed for redemption to the Registered
Owner of the Bond or Bonds to be redeemed at the address shown on the
Bond Register or at such other address as is furnished in writing by such
Registered Owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds are to be
redeemed, the identification by series and maturity (and, in the case of
partial redemption, the respective principal amounts) of the Bonds to be
redeemed,
(D) any conditions to redemption,
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(E) that unless conditional notice of redemption has
been given and such conditions have either been satisfied or waived, on
the redemption date the redemption price shall become due and payable
upon each such Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date, and
(F) the place where such Bonds are to be
surrendered for payment of the redemption price, which place of payment
shall be the designated office of the Bond Registrar.
On or prior to any redemption date, unless such redemption has
been rescinded or revoked, the City shall deposit with the Bond Registrar
an amount of money sufficient to pay the redemption price of all the
Bonds or portions of Bonds which are to be redeemed on that date. The
City retains the right to rescind any redemption notice and the related
optional redemption of Bonds by giving notice of rescission to the affected
registered owners at any time on or prior to the scheduled redemption
date. Any notice of optional redemption that is so rescinded shall be of no
effect, and the Bonds for which the notice of optional redemption has been
rescinded shall remain outstanding.
(2) Effect of Notice; Bonds Due. If notice of redemption
has been given and not rescinded or revoked, or if the conditions set forth
in a conditional notice of redemption have been satisfied or waived, the
Bonds or portions of Bonds to be redeemed shall, on the redemption date,
become due and payable at the redemption price therein specified, and
from and after such date such Bonds or portions of Bonds shall cease to
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bear interest. Upon surrender of such Bonds for redemption in accordance
with said notice, such Bonds shall be paid by the Bond Registrar at the
redemption price. Installments of interest due on or prior to the
redemption date shall be payable as herein provided for payment of
interest. All Bonds which have been redeemed shall be canceled by the
Bond Registrar and shall not be reissued.
(3) Additional Notice. In addition to the foregoing notice,
further notice shall be given by the City as set out below, but no defect in
said further notice nor any failure to give all or any portion of such further
notice shall in any manner defeat the effectiveness of a call for redemption
if notice thereof is given as above prescribed. Each further notice of
redemption given hereunder shall contain the information required above
for an official notice of redemption plus (A) the CUSIP numbers of all
Bonds being redeemed; (B) the date of issue of the Bonds as originally
issued; (C) the rate of interest borne by each Bond being redeemed;
(D) the series and maturity date of each Bond being redeemed; and
(E) any other descriptive information needed to identify accurately the
Bonds being redeemed. Each further notice of redemption may be sent at
least 20 days before the redemption date to each party entitled to receive
notice pursuant to this ordinance and the Continuing Disclosure Certificate
and with such additional information as the City shall deem appropriate,
but such mailings shall not be a condition precedent to the redemption of
such Bonds.
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(4) Amendment of Notice Provisions. The foregoing notice
provisions of this Section 5, including but not limited to the information to
be included in redemption notices and the persons designated to receive
notices, may be amended by additions, deletions and changes deemed
necessary in order to maintain compliance with duly promulgated
regulations and recommendations regarding notices of redemption of
municipal securities.
SECTION 6. - Priority and Payment from the Revenue Fund.
(a) Revenue Fund. The City maintains the Revenue Fund as a
separate enterprise fund of the City. Notwithstanding the foregoing, the
Finance Director may maintain such separate funds and accounts in such
names and under such additional designations as shall be required to
comply with the City practices and/or uniform system of accounting
established by the State Auditor from time to time.
(b) Priority of Payments from the Revenue Fund. The Revenue
Fund shall be held separate and apart from all other funds and accounts of
the City and the Revenue of the System deposited in such Fund shall be
used only for the following purposes and in the following order of priority:
First, to pay the Costs of Maintenance and Operation of the System;
Second, to pay the interest on any Parity Bonds, including
reimbursements to the issuer of a Qualified Letter of Credit or Qualified
Insurance if the Qualified Letter of Credit or Qualified Insurance secures
the payment of interest on Parity Bonds and the ordinance authorizing
such Parity Bonds provides for such reimbursement and, without
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duplication, to make regularly scheduled payments due with respect to
any Parity Derivative Product;
Third, to pay the principal of any Parity Bonds, including
reimbursements to the issuer of a Qualified Letter of Credit or Qualified
Insurance if the Qualified Letter of Credit or Qualified Insurance secures
the payment of principal of Parity Bonds and the ordinance authorizing
such Parity Bonds provides for such reimbursement;
Fourth, to make all payments required to be made into the Common
Reserve Account for Common Reserve Bonds and to any other Parity Bond
Reserve Account created in the future for the payment of debt service on
Future Parity Bonds, including reimbursements to the issuer of a Qualified
Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or
Qualified Insurance has been issued to fund the Reserve Requirement
and/or the reserve requirement(s) for any Future Parity Bonds and the
ordinance authorizing such Parity Bonds provides for such reimbursement;
Fifth, to make all payments required to be made into any revenue
bond redemption fund or revenue warrant redemption fund and debt
service fund or reserve account created to pay and secure the payment of
the principal of and interest on Government Loans and any other revenue
bonds or revenue warrants of the City having a lien upon the Revenue of
the System junior and inferior to the lien thereon for the payment of the
principal of and interest on Parity Bonds;
Sixth, to retire by redemption or purchase any outstanding revenue
bonds or revenue warrants of the City, to make necessary additions,
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betterments, improvements and repairs to or extensions and replacements
of the System, and
Seventh, for any other lawful City purposes.
The City may transfer any money from any funds or accounts of the
System legally available therefor, except bond redemption funds,
refunding escrow funds or defeasance funds, to meet the required
payments to be made into the Bond Fund.
Notwithstanding the foregoing, the obligations of the City to make
nonscheduled payments under a Parity Derivative Product (i.e., any
termination payment or other fees) and/or make any payment pursuant to
an Other Derivative Product may be payable from Revenue of the System
available after Sixth above, as set forth in such Parity Derivative Product
or Other Derivative Product.
(c) Coverage Stabilization Account. The Finance Director is
hereby authorized to create a Coverage Stabilization Account within the
Revenue Fund. The City hereby determines that the maintenance of a
Coverage Stabilization Account will moderate fluctuations in Net Revenues
and help to alleviate the need for short-term rate adjustments. Money in
the Coverage Stabilization Account will be transferred as determined from
time to time by the City. The City may make payments into the Coverage
Stabilization Account from the Revenue Fund at any time. Money in the
Coverage Stabilization Account may be withdrawn at any time and used
for the purpose for which the Revenue of the System may be used.
Amounts withdrawn from the Coverage Stabilization Account shall increase
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Revenue of the System for the period in which they are withdrawn, and
amounts deposited in the Coverage Stabilization Account shall reduce
Revenue of the System for the period during which they are deposited.
Credits to or from the Coverage Stabilization Account that occur within 90
days after the end of a fiscal year may be treated as occurring within such
fiscal year. Earnings on the Coverage Stabilization Account shall be
credited to the Revenue Fund.
(d) Contract Resource Obligations. The City may at any time
enter into one or more contracts or other obligations for the acquisition,
from facilities to be constructed, of water, sewer or storm water supply,
transmission, treatment or other commodity or service relating to the
System. The City may determine that such contract or other obligation is
a Contract Resource Obligation, and may provide that all payments under
that Contract Resource Obligation (including payments prior to the time
that water, sewer or storm water supply, transmission, treatment or other
commodity or service is being provided, or during a suspension or after
termination of supply or service) shall be Costs of Maintenance and
Operation if the following requirements are met at the time such Contract
Resource Obligation is entered into:
(1) The City shall not be in default with respect to any
obligations of it under this ordinance.
(2) There shall be on file a certificate of a Consultant
stating that (A) the payments to be made by the City in connection with
the Contract Resource Obligation are reasonable for the supply,
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transmission, treatment or other service rendered; (B) the source of any
new supply, and any facilities to be constructed to provide the supply,
transmission, treatment or other service, are sound from a water, sewer
or storm water or other commodity supply or transmission planning
standpoint, are technically and economically feasible in accordance with
prudent utility practice, and are likely to provide supply or transmission or
other service no later than a date set forth in the Consultant’s
certification; and (C) the Net Revenue (further adjusted by the
Consultant’s estimate of the payments to be made in accordance with the
Contract Resource Obligation) for the five fiscal years following the year in
which the Contract Resource Obligation is incurred, as such Net Revenue
is estimated by the Consultant (with such estimate based on such factors
as he or she considers reasonable), will be at least equal to the Parity
Requirement.
Payments required to be made under Contract Resource Obligations
shall not be subject to acceleration.
Nothing in this subsection (d) shall be deemed to prevent the City
from entering into other agreements for the acquisition of water supply,
transmission, treatment or other commodity or service from existing
facilities and from treating those payments as Costs of Maintenance and
Operation of the System so long as such service is actually being supplied.
Nothing in this subsection (d) shall be deemed to prevent the City from
entering into other agreements for the acquisition of water, sewer or
storm water supply, transmission, treatment or other commodity or
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service from facilities to be constructed and from agreeing to make
payments with respect thereto, such payments constituting a lien and
charge on Net Revenue subordinate to that of Parity Bonds.
SECTION 7. – Security for the Bonds.
(a) Pledge of Amounts on Deposit in the Escrow Fund. Until
proceeds of the Bonds and other funds on deposit in the Escrow Fund are
required to be used to redeem the Refunded Bonds on the Crossover Date,
proceeds of the Bonds and other funds, and the income therefrom shall be
used to pay and secure the payment of the principal of, if any, and
interest on the Bonds. The City hereby irrevocably pledges proceeds of
the Bonds and other funds, and the income therefrom to the payment of
the principal of, if any, and interest on the Bonds on and prior to the
Crossover Date. From and after the Crossover Date, without further
action on the part of the City or any Registered Owner of the Bonds, the
Bonds will be payable from and secured solely by amounts on deposit in
the Bond Fund as provided herein, and will no longer be payable from or
secured by any amounts remaining in the Escrow Fund (if any).
(b) Bond Fund. The City has previously established the Bond
Fund for the payment of the debt service on all Parity Bonds. The Bond
Fund shall be maintained for the purpose of paying the principal of and
interest on all Parity Bonds. As long as any Parity Bonds remain
outstanding and to the to the extent such Parity Bonds are not paid from
other sources, the City hereby irrevocably obligates and binds itself to set
aside and pay from the Revenue Fund into the Bond Fund those amounts
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necessary, together with such other funds as are on hand and available in
the Bond Fund, to pay the interest or principal and interest next coming
due on outstanding Parity Bonds and to pay regularly scheduled net
payments on Parity Derivative Products.
Such payments from the Revenue Fund to the Bond Fund shall be
made in a fixed amount without regard to any fixed proportion following
the closing and delivery of such Parity Bonds on or before each date on
which an installment of interest or principal and interest falls due on Parity
Bonds equal to the amount required to pay the installment of interest or
principal and interest then coming due and not payable from other
sources.
The Finance Director is hereby authorized and directed and the City
hereby obligates and binds itself to set aside and pay into the Bond Fund
all ULID Assessments (if any) as the same are collected.
The Bonds shall not be subject to acceleration upon the occurrence
of a default.
(c) Payments into Common Reserve Account. The City has also
previously established the Common Reserve Account within the Bond Fund
as a common reserve, securing the repayment of those Parity Bonds that
are designated as Common Reserve Bonds in the ordinance authorizing
their issuance. The Bonds are not Common Reserve Bonds and are not
expected to be secured by any Parity Bond Reserve Account; provided,
however, the Designated Representative may, if determined to be in the
best interest of the City, establish a Parity Bond Reserve Account and the
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associated Reserve Requirement and pledge such funds to the payment of
principal of and interest on the Bonds. Provisions related to any such
Parity Bond Reserve Account shall be set forth in the Bond Purchase
Contract or certificate executed by the Designated Representative at the
time of issuance and delivery of the Bonds.
The Common Reserve Account shall be maintained for the purpose
of securing the payment of the principal of and interest on all Common
Reserve Bonds. The Reserve Requirement may be maintained by deposits
of cash, a Qualified Letter of Credit or Qualified Insurance, or a
combination of the foregoing. In computing the amount on hand in the
Common Reserve Account, Qualified Insurance and/or a Qualified Letter of
Credit shall be valued at the face amount thereof, and all other obligations
purchased as an investment of moneys therein shall be valued at cost. As
used herein, the term “cash” shall include U.S. currency, cash equivalents
and evidences thereof, including demand deposits, certified or cashier’s
check; and the deposit to the Common Reserve Account may be satisfied
initially by the transfer of qualified investments to such account.
In the event the City issues any Future Parity Bonds that are
Common Reserve Bonds, it will provide in the ordinance authorizing the
issuance of the same for payment into the Common Reserve Account out
of proceeds of such Future Parity Bonds, Revenue of the System or ULID
Assessments (or, at the option of the City, out of any other funds on hand
and legally available therefor) approximately equal quarterly installments
so that by the date that is three years from the date of issuance of such
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Future Parity Bonds (or the date that such Future Parity Bonds become
Common Reserve Bonds, whichever is later) there will have been
deposited into the Common Reserve Account an amount that, together
with the money already on deposit therein, will be at least equal to the
Reserve Requirement. Such quarterly payments into the Common Reserve
Account shall be made not later than January 1, April 1, July 1, and
October 1 of each year.
If the balances on hand in the Common Reserve Account are
sufficient to satisfy the Reserve Requirement, interest earnings shall be
applied as provided in the following sentences. Whenever there is a
sufficient amount in the Bond Fund, including the Common Reserve
Account to pay the principal of and interest on all outstanding Common
Reserve Bonds, the money in the Common Reserve Account may be used
to pay such principal and interest. As long as the money left remaining on
deposit in the Common Reserve Account is equal to the Reserve
Requirement, money in the Common Reserve Account may be transferred
to the Bond Fund and used to pay the principal of and interest on Common
Reserve Bonds as the same becomes due and payable. The City also may
transfer out of the Common Reserve Account any money required in order
to prevent any Parity Bonds from becoming “arbitrage bonds” under the
Code.
If a deficiency in the Bond Fund for the payment of debt service on
Common Reserve Bonds shall occur, such deficiency shall be made up
from the Common Reserve Account by the withdrawal of cash therefrom
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for that purpose and by the sale or redemption of obligations held in the
Common Reserve Account, in such amounts as will provide cash in the
Common Reserve Account sufficient to make up any such deficiency with
respect to Common Reserve Bonds, and if a deficiency still exists
immediately prior to an interest payment date and after the withdrawal of
cash, the City shall then draw from any Qualified Letter of Credit or
Qualified Insurance for Common Reserve Bonds in sufficient amount to
make up the deficiency. Such draw shall be made at such times and under
such conditions as the agreement for such Qualified Letter of Credit or
such Qualified Insurance shall provide.
In making the payments and credits to the Common Reserve
Account required by this Section 7(c), to the extent that the City has
obtained Qualified Insurance or a Qualified Letter of Credit for specific
amounts required pursuant to this section to be paid out of the Common
Reserve Account, such amounts so covered by Qualified Insurance or a
Qualified Letter of Credit shall be credited against the amounts required to
be maintained in the Common Reserve Account by this Section 7(c) to the
extent that such payments and credits to be made are insured by an
insurance company, or guaranteed by a letter of credit from a financial
institution.
Any deficiency created in the Common Reserve Account by reason
of any such withdrawal shall then be made up within three years of the
date of withdrawal from Net Revenues or from ULID Assessments (or out
of any other moneys on hand legally available for such purpose), in equal
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quarterly installments on each January 1, April 1, July 1 and October 1,
after making necessary provision for the payments required to be made
into the Bond Fund within such year.
Any Qualified Letter of Credit or Qualified Insurance shall not be
cancelable on less than 30 days’ notice to the City. In the event of any
cancellation, the Common Reserve Account shall be funded as if the
Common Reserve Bonds that remain outstanding had been issued on the
date of such notice of cancellation.
In the event that the City elects to meet the Reserve Requirement
through the use of a Qualified Letter of Credit, Qualified Insurance or other
equivalent credit enhancement device, the City may contract with the
entity providing such Qualified Letter of Credit, Qualified Insurance or
other equivalent credit enhancement device that the City’s reimbursement
obligation, if any, to such entity shall be made in accordance with the
priority of payments set forth in Section 6(b) of this ordinance.
(d) Priority of Lien of Payments. There are hereby pledged as
security for the payment of the principal of, premium, if any, and interest
on all Parity Bonds, Revenue of the System, subject to the payment of
Costs of Maintenance and Operation, and ULID Assessments. The
amounts so pledged to be paid into the Bond Fund and any Parity Bond
Reserve Account from the Revenue Fund are hereby declared to be a prior
lien and charge upon the Revenue of the System superior to all other
charges of any kind or nature whatsoever except the Costs of Maintenance
and Operation of the System, and except that the amounts so pledged are
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of equal lien to the charges upon such Revenue of the System for the
payment of the principal of and interest on any Parity Bonds and other
obligations which may be issued on a parity of lien thereof. Further, the
amounts so pledged to be paid into the Bond Fund and any Parity Bond
Reserve Account from ULID Assessments are hereby declared to be a prior
lien and charge upon ULID Assessments superior to all other charges of
any kind or nature, except that the amounts so pledged are of equal lien
to the charges upon such ULID Assessments for the payment of the
principal of and interest on any Parity Bonds.
(e) Application and Investment of Moneys in the Bond Fund and
any Parity Bond Reserve Account. Money in the Bond Fund and any Parity
Bond Reserve Account may be kept in cash or invested as permitted by
law, but only to the extent that the same are acquired, valued and
disposed of at Fair Market Value. Investments in the Bond Fund shall
mature prior to the date on which such money shall be needed for
required interest or principal payments (for investments in the Bond Fund)
or having a guaranteed redemption price prior to maturity. Investments in
any Parity Bond Reserve Account shall mature not later than the last
maturity of any then outstanding Parity Bonds.
(f) Sufficiency of Revenues. The City Council hereby finds that
in fixing the amounts to be paid into the Bond Fund and any Parity Bond
Reserve Account out of the Revenue of the System, it has exercised due
regard for the Costs of Maintenance and Operation and has not obligated
the City to set aside and pay into the Bond Fund and any Parity Bond
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Reserve Account a greater amount of such Revenue than in its judgment
will be available over and above the Costs of Maintenance and Operation.
(g) Special Obligations. The Bonds shall be special fund
obligations of the City payable solely from and secured solely by the
sources identified herein. The Bonds do not constitute an indebtedness or
general obligation of the City or the State, either general or special, within
the meaning of the constitutional provisions and limitations of the State,
but are special obligations of the City payable solely out of the funds and
revenues identified herein. Owners of the Bonds shall not have any claim
for the payment thereof against the City except for payment from the
funds and revenues identified herein. Owners of the Bonds do not have
any claim against the State for the payment for the principal of or interest
on the Bonds. Tax revenues of the City shall not be used directly or
indirectly to secure or guarantee the payment of the principal of or
interest on the Bonds.
SECTION 8. - Covenants. The City covenants and agrees with the
Registered Owners of the Bonds as follows:
(a) Rate Covenant. The City will establish, maintain and collect
such rates and charges for service of the System for so long as any Parity
Bonds are outstanding as necessary to maintain the Rate Covenant.
(b) System Maintenance. The City will at all times maintain and
keep the System in good repair, working order and condition, and also will
at all times operate such utility and the business in connection therewith
in an efficient manner and at a reasonable cost.
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(c) Disposal of Properties. The City will not mortgage, sell,
lease, or in any manner encumber or dispose of all or substantially all the
property of the System (voluntarily or involuntarily), unless provision is
made for payment into the Bond Fund of a sum sufficient to pay the
principal of, premium, if any, and interest on all outstanding bonds
payable therefrom, nor will it mortgage, sell, lease, or in any manner
encumber or dispose of (including but not limited to a disposition by
transfer to another public or private organization) voluntarily or
involuntarily any part of the System that is used, useful and material to
the operation of the System unless
(1) the City certifies, based upon reasonable expectations,
that the remaining assets of the System shall be sufficient to continue
regular operations of the City on a financially sound basis for a period of at
least five years, and
(2) provision is made for replacement thereof or for
payment into the Bond Fund of the total amount of revenue received
which shall not be less than an amount which shall bear the same ratio to
the amount of outstanding Parity Bonds as the greater of
(A) the Net Revenue available for Debt Service for
such outstanding Parity Bonds for the 12 months preceding such sale,
lease, encumbrance or disposal from the portion of the System sold,
leased, encumbered or disposed of bears to the Net Revenue available for
Debt Service for such Parity Bonds from the entire System for the same
period;
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(B) the Revenue of the System for the 12 months
preceding such sale, lease, encumbrance or disposal from the portion of
the System sold, leased, encumbered or disposed of bears to the Revenue
of the System for the same period;
(C) the proportion of assets (on a depreciated basis)
allocable to the assets being sold, leased, encumbered or disposed of
bears to the total assets of the System; or
(D) the proportion of customers of the City allocable
to the assets being sold, leased, encumbered or disposed of bears to the
total number of customers of the System,
provided, however, that the City may dispose of any portion of the
facilities of the System up to an aggregate of ten percent of the book
value of the total assets of the System without the requirement for any
deposit to the Bond Fund as hereinabove provided.
Any such moneys so paid into the Bond Fund shall be used to retire
such outstanding Parity Bonds at the earliest possible date. Any money
received by the City as condemnation awards, insurance proceeds or the
proceeds of sale, if not deposited to the Bond Fund, shall be used for the
replacement of facilities of the System.
(d) Books and Records. The City will, while the Bonds remain
outstanding, keep proper and separate accounts and records in which
complete and separate entries shall be made of all transactions relating to
the System, and it will furnish the Registered Owners of the Bonds or any
subsequent owner or owners thereof, at the written request of such owner
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or owners, complete operating and income statements of the System in
reasonable detail covering any fiscal year, showing the financial condition
of the water and sewer departments and compliance with the terms and
conditions of this ordinance, not more than 150 days after the close of
such fiscal year, and it will grant any owner or owners of at least 25% of
the outstanding Bonds the right at all reasonable times to inspect the
entire System and all records, accounts and data of the City relating
thereto. Upon request of any owner of any of said Bonds, it will also
furnish to such owner a copy of the most recently completed audit of the
City’s accounts by the State Auditor of Washington or independent
certified public accountant.
(e) No Free Service. The City will not furnish water or sanitary
sewerage disposal service to any customer whatsoever free of charge
(except to aid the poor or infirm, to provide for resource conservation or
to provide for the proper handling of hazardous materials) and will
promptly take legal action to enforce collection of all delinquent accounts.
(f) Property Insurance. The City will at all times carry fire and
extended coverage and such other forms of insurance on the buildings,
equipment, facilities and properties of the System, if such insurance is
obtainable at reasonable rates and upon reasonable conditions, against
such risks, in such amounts, and with such deductibles as the City Council
shall deem necessary for the protection of the System and the owners of
all outstanding Parity Bonds.
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(g) Liability Insurance. The City will at all times keep and
arrange to keep in full force and effect policies of public liability and
property damage insurance which will protect the City against anyone
claiming damages of any kind or nature arising out of the operation of the
System, if such insurance is obtainable at reasonable rates and upon
reasonable conditions, in such amounts and with such deductibles as the
City Council shall deem necessary for the protection of the City and the
owners of the outstanding Parity Bonds.
(h) Delinquencies of Accounts. The City will, on or before
March 1 of each calendar year, determine all accounts that are delinquent
and will take all necessary action to enforce payment of any such
delinquencies.
(i) ULID Assessments. All ULID Assessments shall be paid into
the Bond Fund and shall be used to pay and secure the payment of the
principal of and interest on the Parity Bonds.
Nothing in this ordinance or this section shall be construed to
prohibit the City from issuing water, sewer or water and sewer revenue
bonds junior in lien to the Parity Bonds and pledging as security for their
payment assessments levied in any ULID which may have been specifically
created to pay part of the cost of improvements to the System for which
those junior lien bonds were specifically issued.
SECTION 9. - Tax Covenants. The City will take all actions
necessary to assure the exclusion of interest on the Bonds from the gross
income of the owners of the Bonds to the same extent as such interest is
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permitted to be excluded from gross income under the Code as in effect
on the date of issuance of the Bonds, including but not limited to the
following:
(a) Private Activity Bond Limitation. The City will assure that the
proceeds of the Bonds are not so used as to cause the Bonds to satisfy the
private business tests of Section 141(b) of the Code or the private loan
financing test of Section 141(c) of the Code.
(b) Limitations on Disposition of Projects. The City will not sell or
otherwise transfer or dispose of (i) any personal property components of
the projects refinanced with proceeds of the Bonds (the “Projects”) other
than in the ordinary course of an established government program under
Treasury Regulation 1.141-2(d)(4) or (ii) any real property components of
the Project, unless it has received an opinion of nationally recognized bond
counsel to the effect that such disposition will not adversely affect the
treatment of interest on the Bonds as excludable from gross income for
federal income tax purposes.
(c) Federal Guarantee Prohibition. The City will not take any
action or permit or suffer any action to be taken if the result of such action
would be to cause any of the Bonds to be “federally guaranteed” within
the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City will take any and all actions
necessary to assure compliance with Section 148(f) of the Code, relating
to the rebate of excess investment earnings, if any, to the federal
government, to the extent that such section is applicable to the Bonds.
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(e) No Arbitrage. The City will not take, or permit or suffer to be
taken, any action with respect to the proceeds of the Bonds which, if such
action had been reasonably expected to have been taken, or had been
deliberately and intentionally taken, on the date of issuance of the Bonds
would have caused the Bonds to be “arbitrage bonds” within the meaning
of Section 148 of the Code.
(f) Registration Covenant. The City will maintain a system for
recording the ownership of each Bond that complies with the provisions of
Section 149 of the Code until all Bonds have been surrendered and
canceled.
(g) Record Retention. The City will retain its records of all
accounting and monitoring it carries out with respect to the Bonds for at
least three years after the Bonds mature or are redeemed (whichever is
earlier); however, if the Bonds are redeemed and refunded, the City will
retain its records of accounting and monitoring at least three years after
the earlier of the maturity or redemption of the obligations that refunded
the Bonds.
(h) Compliance with Federal Tax Certificate. The City will comply
with the provisions of the Federal Tax Certificate with respect to the
Bonds, which are incorporated herein as if fully set forth herein. The
covenants of this Section will survive payment in full or defeasance of the
Bonds.
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SECTION 10. - Future Parity Bonds.
(a) Conditions upon the Issuance of Future Parity Bonds. As long
as the Bonds remain outstanding, the City hereby further covenants and
agrees that it will not issue any Future Parity Bonds except that the City
hereby reserves the right to issue additional combined utility system
revenue bonds, which shall constitute a charge and lien upon the Revenue
of the System equal to the lien thereon of the Bonds. Except as provided
in subsection (b) below, the City shall not issue any series of Future Parity
Bonds or incur any additional indebtedness with a parity lien or charge on
Net Revenues (i.e., on a parity of lien with Parity Bonds at the time
outstanding) unless:
(1) The City shall not have been in default of its Rate
Covenant for the immediately preceding fiscal year;
(2) If the Future Parity Bonds are to be issued as Common
Reserve Bonds, the ordinance authorizing the issuance of such Future
Parity Bonds shall include the covenants provided in Section 7 hereof
related to the Common Reserve Account; and
(3) There shall have been filed a certificate (prepared as
described in subsection (c) or (d) below) demonstrating fulfillment of the
Parity Requirement, commencing with the first full fiscal year following the
date on which any portion of interest on the series of Future Parity Bonds
then being issued will not be paid from the proceeds of such series of
Future Parity Bonds.
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(b) No Certificate Required. The certificate described in the
foregoing subsection (a)(3) shall not be required as a condition to the
issuance of Future Parity Bonds:
(1) if the Future Parity Bonds being issued are for the
purpose of refunding at or prior to their maturity any part or all of the
then outstanding Parity Bonds for debt service savings, and if the Finance
Director provides a provides a certificate stating that upon the issuance of
such Future Parity Bonds (i) total debt service on all Parity Bonds
(including the refunding bonds but not including the bonds to be refunded
thereby) will decrease, and (ii) the Annual Debt Service for each year that
any Parity Bonds (including the refunding bonds but not including the
bonds to be refunded thereby) will be outstanding will not increase by
more than $5,000 by reason of the issuance of such Future Parity Bonds;
or
(2) if the Future Parity Bonds are being issued to pay costs
of construction of facilities of the System for which Future Parity Bonds
have been issued previously and the principal amount of such Future
Parity Bonds being issued for completion purposes does not exceed an
amount equal to an aggregate of 15% of the principal amount of Future
Parity Bonds theretofore issued for such facilities and reasonably allocable
to the facilities to be completed as shown in a written certificate of the
Finance Director, and there is delivered a certificate of the Designated
Representative stating that the nature and purpose of such facilities has
not materially changed.
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(c) Certificate of the City Without A Consultant. If required
pursuant to the foregoing subsection (a)(3), a certificate may be delivered
by the City (executed by the Finance Director) without a Consultant if Net
Revenues for the Base Period (confirmed by an audit) conclusively
demonstrate that the Parity Requirement will be fulfilled commencing with
the first full fiscal year following the date on which any portion of interest
on the series of Future Parity Bonds then being issued will not be paid
from the proceeds of such series of Future Parity Bonds.
(d) Certificate of a Consultant. Unless compliance with the
requirements of subsection (a)(3) have been otherwise satisfied (as
provided in (b) or (c) above), compliance with the Parity Requirement
shall be demonstrated conclusively by a certificate of a Consultant.
In making the computations of Net Revenues for the purpose of
certifying compliance with the Parity Requirement, the Consultant shall
use as a basis the Net Revenues (which may be based upon unaudited
financial statements of the City if the audit has not yet been completed)
for the Base Period. Such Net Revenues shall be determined by adding the
following:
(1) The historical net revenue (as defined below) of the
System for the Base Period as determined by a Consultant.
(2) The net revenue derived from those customers of the
System that have become customers during such 12-month period or
thereafter and prior to the date of such certificate, adjusted to reflect a full
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year’s net revenue from each such customer to the extent such net
revenue was not included in (1) above.
(3) The estimated annual net revenue to be derived from
any person, firm, association, private or municipal corporation under any
executed contract for service, which net revenue was not included in any
of the sources of net revenue described in this subsection (d).
(4) The estimated annual net revenue to be derived from
the operation of any additions or improvements to or extensions of the
System under construction but not completed at the time of such
certificate and not being paid for out of the proceeds of sale of such Future
Parity Bonds being issued, and which net revenue is not otherwise
included in any of the sources of net revenue described in this subsection
(d).
(5) The estimated annual net revenue to be derived from
the operation of any additions and improvements to or extensions of the
System being paid for out of the proceeds of sale of such Future Parity
Bonds being issued.
In the event the City will not derive any revenue as a result of the
construction of the additions, improvements or extensions being made or
to be made to the System within the provisions of subparagraphs (4) and
(5) immediately above, the estimated normal Costs of Maintenance and
Operation (excluding any transfer of money to other funds of the City and
license fees, taxes and payments in lieu of taxes payable to the City) of
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such additions, improvements and extensions shall be deducted from
estimated annual net revenue.
The words “historical net revenue” or “net revenue” as used in this
subsection (d) shall mean the Revenue or any part or parts thereof less
the normal expenses of maintenance and operation of the System or any
part or parts thereof, but before depreciation. Such “historical net
revenue” or “net revenue” shall be adjusted to reflect the rates and
charges effective on the date of such certificate if there has been any
change in such rates and charges during or after such 12-consecutive-
month period.
(e) Subordinate Lien Obligations. Nothing herein contained shall
prevent the City from issuing revenue bonds or other obligations which are
a charge upon the Revenue of the System junior or inferior to the
payments required by this ordinance to be made out of such Revenue to
pay and secure the payment of any outstanding Parity Bonds.
(f) No Acceleration. Such Future Parity Bonds and junior or
inferior obligations shall not be subject to acceleration. This prohibition
against acceleration shall not be deemed to prohibit mandatory tender or
other tender provisions with respect to variable rate obligations or to
prohibit the payment of a termination amount with respect to an Other
Derivative Product or a Parity Derivative Product.
(g) Refunding Obligations. Nothing herein contained shall prevent
the City from issuing revenue bonds to refund maturing Parity Bonds for
the payment of which moneys are not otherwise available.
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SECTION 11. - Derivative Products. The City hereby reserves the
right to enter into Parity Derivative Products and Other Derivative
Products. The City may amend this ordinance to accommodate new or
modified definitions of Debt Service in connection with a Parity Derivative
Product, to implement the City’s intent that regularly scheduled payments
made by or received by the City in connection with a Parity Derivative
Product be added to or deducted from, respectively, Debt Service on such
Parity Bonds. The City may amend this ordinance to reflect the lien
position and priority of any payments made in connection with a Parity
Derivative Product; provided, however, that any lien to secure regularly
scheduled payments made in connection with a Parity Derivative Product
may not be prior to the lien of the Parity Bonds and that any lien to secure
nonregularly scheduled payments under Parity Derivative Products must
be subordinate to the lien of Parity Bonds. If the City enters into a Parity
Derivative Product, the City shall not be required to satisfy the conditions
set forth in Section 10 of this ordinance with respect to the Parity
Derivative Product provided that the conditions set forth in Section 10 of
this ordinance are satisfied with respect to the associated Parity Bonds.
Each Parity Derivative Product shall set forth the manner in which the
City’s and its counterparty’s payments are to be calculated and a schedule
of payment dates.
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SECTION 12. - Form of Bonds. The Bonds shall be in substantially
the form set forth in Exhibit A, which is incorporated herein by this
reference.
SECTION 13. – Execution of Bonds. The Bonds shall be executed
on behalf of the City by the facsimile or manual signature of the Mayor
and shall be attested to by the facsimile or manual signature of the City
Clerk, and shall have the seal of the City impressed or a facsimile thereof
imprinted, or otherwise reproduced thereon.
In the event any officer who shall have signed or whose facsimile
signatures appear on any of the Bonds shall cease to be such officer of the
City before said Bonds shall have been authenticated or delivered by the
Bond Registrar or issued by the City, such Bonds may nevertheless be
authenticated, delivered and issued and, upon such authentication,
delivery and issuance, shall be as binding upon the City as though said
person had not ceased to be such officer. Any Bond may be signed and
attested on behalf of the City by such persons who, at the actual date of
execution of such Bond shall be the proper officer of the City, although at
the original date of such Bond such persons were not such officers of the
City.
Only such Bonds as shall bear thereon a Certificate of
Authentication manually executed by an authorized representative of the
Bond Registrar shall be valid or obligatory for any purpose or entitled to
the benefits of this ordinance. Such Certificate of Authentication shall be
conclusive evidence that the Bonds so authenticated have been duly
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executed, authenticated and delivered hereunder and are entitled to the
benefits of this ordinance.
SECTION 14. - Defeasance. In the event that the City, in order to
effect the payment, retirement or redemption of any Bond, sets aside in
the Bond Fund or in another special account, cash or noncallable
Government Obligations, or any combination of cash and/or noncallable
Government Obligations, in amounts and maturities which, together with
the known earned income therefrom, are sufficient to redeem or pay and
retire such Bond in accordance with its terms and to pay when due the
interest and redemption premium, if any, thereon, and such cash and/or
noncallable Government Obligations are irrevocably set aside and pledged
for such purpose, then no further payments need be made into the Bond
Fund for the payment of the principal of and interest on such Bond. The
owner of a Bond so provided for shall cease to be entitled to any lien,
benefit or security of this ordinance except the right to receive payment of
principal, premium, if any, and interest from the Bond Fund or such
special account, and such Bond shall be deemed to be not outstanding
under this ordinance. The City shall give written notice of defeasance of
the Bonds in accordance with the Continuing Disclosure Certificate.
SECTION 15. – Sale of Bonds.
(a) Bond Sale. The Bonds shall be sold at negotiated sale to the
Underwriter pursuant to the terms of the Bond Purchase Contract. The
Council has determined that it would be in the best interest of the City to
delegate to the Designated Representative for a limited time the authority
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to approve the final interest rates, aggregate principal amount, principal
amounts of each maturity of the Bonds, and redemption rights for the
Bonds.
The Designated Representative is hereby authorized to approve the
final interest rates, aggregate principal amount, principal amounts of each
maturity of the Bonds, and redemption rights for the Bonds in the manner
provided hereafter so long as:
(i) the aggregate principal amount of Bonds issued
pursuant to this ordinance does not exceed $16,000,000,
(ii) the final maturity date for the Bonds is no later than
December 1, 2029,
(iii) the Bonds are sold (in the aggregate) at a price not
less than 97% and not greater than 130%,
(iv) the Bonds are sold for a price that results in a
minimum aggregate net present value debt service savings over the
Refunded Bonds (calculated by deducting scheduled federal subsidy
payments with respect to the Refunded Bonds from annual debt service
and assuming no future sequestration of such payments) of at least 3%,
(v) the true interest cost for the Bonds (in the aggregate)
does not exceed 3%, and
(vi) the Bonds conform to all other terms of this ordinance.
Subject to the terms and conditions set forth in this section, the
Designated Representative is hereby authorized to execute the Bond
Purchase Contract.
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Following the execution of the Bond Purchase Contract, the Finance
Director shall provide a report to the Council describing the final terms of
the Bonds approved pursuant to the authority delegated in this section.
The authority granted to the Designated Representative by this Section 15
shall expire on June 1, 2018. If the Bonds authorized herein have not
been sold by June 1, 2018, the Bonds shall not be issued nor their sale
approved unless such Bonds shall have been re-authorized by ordinance of
the Council. The ordinance re-authorizing the issuance and sale of such
Bonds may be in the form of a new ordinance repealing this ordinance in
whole or in part or may be in the form of an amendatory ordinance
approving a bond purchase contract or establishing terms and conditions
for the authority delegated under this Section 15.
(b) Delivery of Bonds; Documentation. Upon the passage and
approval of this ordinance, the proper officials of the City, including the
Designated Representative, the Finance Director and Chief Administrative
Officer, are authorized and directed to undertake all action necessary for
the prompt execution and delivery of the Bonds to the Underwriter and
further to execute all closing certificates and documents required to effect
the closing and delivery of each series of Bonds in accordance with the
terms of this ordinance and the Bond Purchase Contract. Such documents
may include, but are not limited to, documents related to a municipal bond
insurance policy delivered by an insurer to insure the payment when due
of the principal of and interest on the Bonds as provided therein, if such
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insurance is determined by the Designated Representative to be in the
best interest of the City.
(c) Preliminary and Final Official Statements. The Finance
Director is hereby authorized to approve and to deem final the preliminary
Official Statement for the purposes of the Rule. The Finance Director is
further authorized to approve for purposes of the Rule, on behalf of the
City, the final Official Statement relating to the issuance and sale of the
Bonds and the distribution of the final Official Statement pursuant thereto
with such changes, if any, as may be deemed by him or her to be
appropriate.
SECTION 16. – Application of Bond Proceeds.
(a) Distribution of Funds. Proceeds of the Bonds shall be
distributed as follows:
(1) The amount stated in the closing memorandum for the
Bonds shall be deposited with the Escrow Agent pursuant to the Escrow
Agreement and used to pay costs of issuance for the Bonds; and
(2) The remaining proceeds of the Bonds shall be
deposited with the Escrow Agent pursuant to the Escrow Agreement and
used as provided in subsection (b) below.
(b) Plan of Crossover Refunding. For the purpose of realizing an
aggregate debt service savings and benefiting the ratepayers of the City,
the City proposes to refund the Refunded Bonds on a crossover basis as
set forth herein.
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Net proceeds of the Bonds and other available funds of the City, if
any, shall be deposited into the Escrow Fund held by the Escrow Agent
pursuant to the Escrow Agreement and invested in certain Government
Obligations, the principal of and interest on which shall be used, together
with other funds deposited with the Escrow Agent as cash, if any, (i) to
pay the interest due on the Bonds on and prior to the Crossover Date and
(ii) to pay the redemption price of the Refunded Bonds (but not any
interest due) on the Crossover Date.
The Refunded Bonds shall remain outstanding until the Crossover
Date and the City shall pay the principal and interest due on the Refunded
Bonds on each applicable payment date to and including the Crossover
Date from the Bond Fund as provided in the 2009 Bond Ordinance. Prior
to the Crossover Date, the Refunded Bonds shall not be considered
reissued, defeased or redeemed for any purpose, including but not limited
to for purposes of federal tax law.
Acquired Obligations shall be purchased at a yield not greater than
the yield permitted by the Code and regulations relating to acquired
obligations in connection with refunding bond issues.
U.S. Bank National Association, Seattle, Washington, is hereby
appointed as Escrow Agent. The proceeds of the Bonds remaining after
acquisition of the Acquired Obligations and provision for the necessary
cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and expenses of the issuance of
the Bonds.
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In order to carry out the purposes of this section, the Finance
Director is hereby authorized and directed to execute and deliver to the
Escrow Agent an Escrow Agreement.
The City hereby calls the Refunded Bonds for redemption on the
Crossover Date in accordance with the provisions of the 2009 Bond
Ordinance authorizing the redemption and retirement of the Refunded
Bonds prior to their fixed maturities. Said call for redemption of the
Refunded Bonds shall be irrevocable after the issuance of the Bonds and
delivery of the Acquired Obligations to the Escrow Agent. The Finance
Director and the Escrow Agent are hereby authorized and directed to
provide for the giving of notices of the redemption in accordance with the
provisions of the 2009 Bond Ordinance. The costs of publication of such
notices shall be an expense of the City.
SECTION 17. – Ongoing Disclosure; Additional Covenants. The
City covenants to execute and deliver at the time of issuance and delivery
of the Bonds a Continuing Disclosure Certificate. The Designated
Representative is hereby authorized to execute and deliver such
Continuing Disclosure Certificate upon the issuance, delivery and sale of
the Bonds with such terms and provisions as such officer shall deem
appropriate and in the best interests of the City.
SECTION 18. - Lost, Stolen or Destroyed Bonds. In case any Bonds
are lost, stolen or destroyed, the Bond Registrar may authenticate and
deliver a new Bond or Bonds of like amount, date and tenor to the
Registered Owner thereof if the owner pays the expenses and charges of
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the Bond Registrar and the City in connection therewith and files with the
Bond Registrar and the City evidence satisfactory to both that such Bond
or Bonds were actually lost, stolen or destroyed and of his or her
ownership thereof, and furnishes the City and the Bond Registrar with
indemnity satisfactory to both.
SECTION 19. - Contract; Savings Clause. The covenants contained
in this ordinance and in the Bonds shall constitute a contract between the
City and the Registered Owners of the Bonds. If any one or more of the
covenants or agreements provided in this ordinance to be performed on
the part of the City shall be declared by any court of competent
jurisdiction and after final appeal (if any appeal be taken) to be contrary
to law, then such covenant or covenants, agreement or agreements, shall
be null and void and shall be deemed separable from the remaining
covenants and agreements in this ordinance and shall in no way affect the
validity of the other provisions of this ordinance or of the Bonds.
SECTION 20. – General Authorization; Ratification. The Designated
Representative, the Finance Director, the Chief Administrative Officer, the
City Clerk, and other appropriate officers of the City are authorized to take
any actions and to execute documents as in their judgment may be
necessary or desirable in order to carry out the terms of, and complete the
transactions contemplated by, this ordinance. All acts taken pursuant to
the authority of this ordinance but prior to its effective date are hereby
ratified.
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SECTION 21. – Certain Amendments. Without further action of the
City Council, the Designated Representative may approve provisions in the
Bond Purchase Contract that are deemed necessary, upon the advice of
Bond Counsel, in order to effect the crossover advance refunding of the
Refunded Bonds notwithstanding any inconsistency with the provisions set
forth in this ordinance.
SECTION 22. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 23. - Effective Date of Ordinance. This ordinance shall
take effect thirty (30) days after its passage as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
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APPROVED AS TO FORM:
PACIFICA LAW GROUP LLP
Bond Counsel to the City
68 Combined Utility System
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Exhibit A
Form of Bond
[DTC LANGUAGE]
UNITED STATES OF AMERICA
NO. $
STATE OF WASHINGTON
CITY OF KENT
COMBINED UTILITY SYSTEM REVENUE REFUNDING BOND, SERIES 20____
INTEREST RATE: % MATURITY DATE: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Kent, Washington, a municipal corporation organized
and existing under and by virtue of the laws of the State of Washington
(herein called the “City”) hereby acknowledges itself to owe and for value
received promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date identified above, the Principal
Amount indicated above and to pay interest thereon from ___________,
20___, or the most recent date to which interest has been paid or duly
provided for until payment of this bond at the Interest Rate set forth
above, payable on ______________, and semiannually thereafter on the
first days of each succeeding _______ and ____. Both principal of and
interest on this bond are payable in lawful money of the United States of
America. The fiscal agent of the State of Washington has been appointed
by the City as the authenticating agent, paying agent and registrar for the
bonds of this issue (the “Bond Registrar”). For so long as the bonds of
this issue are held in fully immobilized form, payments of principal and
interest thereon shall be made as provided in accordance with the
operational arrangements of The Depository Trust Company (“DTC”)
referred to in the Blanket Issuer Letter of Representations (the “Letter of
Representations”) from the City to DTC.
The bonds of this issue are issued under and in accordance with the
provisions of the Constitution and applicable statutes of the State of
Washington and Ordinance No. _______ duly passed by the City Council
on November 21, 2017 (the “Bond Ordinance”). Capitalized terms used in
this bond have the meanings given such terms in the Bond Ordinance.
Reference is made to the Bond Ordinance and any and all modifications
and amendments thereto for a description of the nature and extent of the
security for this bond, the funds or revenues pledged, and the terms and
conditions upon which such bond is issued.
The bonds of this issue are being issued for the purpose of
refunding, on a crossover basis, a portion of the Combined Utility System
Revenue Bonds, Series 2009B Taxable (Build America Bonds – Direct
Payment) (the “Refunded Bonds”), paying interest on this bond on and
prior to the Crossover Date (as defined below), and paying costs of
issuance of this bond.
The bonds of this issue are subject to redemption as provided in the
Bond Ordinance and the Bond Purchase Contract.
The bonds of this issue have not been designated by the City as
“qualified tax-exempt obligations” within the meaning of Section 265(b) of
the Internal Revenue Code of 1986, as amended (the “Code”).
Pursuant to RCW 39.53.070, until proceeds of the Bonds and other
funds on deposit in the escrow fund (the “Escrow Fund”) are required to
be used to redeem the Refunded Bonds on December 1, 2019 (the
“Crossover Date”), proceeds of the Bonds and other funds, and the income
therefrom shall be used to pay and secure the payment of the principal of,
if any, and interest on the bonds of this issue. The City hereby irrevocably
pledges proceeds of the bonds of this issue and other funds, and the
income therefrom to the payment of the principal of, if any, and interest
on the bonds of this issue on and prior to the Crossover Date. From and
after the Crossover Date, without further action on the part of the City or
any Registered Owner of the Bonds, the Bonds will be payable from and
secured solely by amounts on deposit in the Bond Fund as provided in the
Bond Ordinance, and will no longer be payable from or secured by any
amounts remaining in the Escrow Fund (if any).
The City has irrevocably obligated and bound itself to pay into the
Bond Fund out of the Net Revenue and ULID Assessments, if any, or from
such other moneys as may be provided therefor certain amounts
necessary to pay and secure the payment of the principal and interest on
the bonds of this issue and other Parity Bonds.
The City does hereby pledge and bind itself to set aside from the
Revenue Fund out of the Revenue of the System and ULID Assessments, if
any, and to pay into the Bond Fund the various amounts required by the
Bond Ordinance to be paid into and maintained in such Fund, all within the
times provided by the Bond Ordinance. To the extent more particularly
provided by the Bond Ordinance, the amounts so pledged to be paid from
the Revenue Fund out of the Revenue of the System into the Bond Fund
shall be a lien and charge thereon equal in rank to the lien and charge
upon said revenue of the amounts required to pay and secure the
payment of the Outstanding Parity Bonds and any revenue bonds of the
City hereafter issued on a parity with the bonds of this issue and superior
to all other liens and charges of any kind or nature except Costs of
Maintenance and Operation of the System.
The bonds of this issue are special fund obligations of the City
payable solely from and secured solely by the sources identified in the
Bond Ordinance. The bonds of this issue do not constitute an
indebtedness or general obligation of the City or the State, either general
or special, within the meaning of the constitutional provisions and
limitations of the State, but are special obligations of the City payable
solely out of the funds and revenues identified in the Bond Ordinance.
Owners of the bonds of this issue shall not have any claim for the payment
thereof against the City except for payment from the funds and revenues
identified therein. Owners of the Bonds do not have any claim against the
State for the payment for the principal of or interest on the bonds of this
issue. Tax revenues of the City shall not be used directly or indirectly to
secure or guarantee the payment of the principal of or interest on the
bonds of this issue.
The bonds of this issue are issued under and in accordance with the
provisions of the Constitution and applicable statutes of the State of
Washington and duly adopted ordinances of the City. The City hereby
covenants and agrees with the owners of this bond that it will keep and
perform all the covenants of this bond and of the Bond Ordinance to be by
it kept and performed, and reference is hereby made to the Bond
Ordinance for a complete statement of such covenants.
This bond shall not be valid or become obligatory for any purpose or
be entitled to any security or benefit under the Bond Ordinance until the
Certificate of Authentication hereon shall have been manually signed by or
on behalf of the Bond Registrar or its duly designated agent.
It is hereby certified that all acts, conditions, and things required by
the Constitution and statutes of the State of Washington to exist, to have
happened, been done, and performed precedent to and in the issuance of
this bond have happened, been done, and performed.
IN WITNESS WHEREOF, the City of Kent, Washington has caused
this bond to be signed with the facsimile or manual signature of the
Mayor, to be attested by the facsimile or manual signature of the City
Clerk, all as of this _____ day of ____________, 2017.
CITY OF KENT, WASHINGTON
[SEAL]
By /s/ facsimile or manual
Mayor
ATTEST:
/s/ facsimile or manual
City Clerk
The Bond Registrar’s Certificate of Authentication on the Bonds shall
be in substantially the following form:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-mentioned
Bond Ordinance and is one of the Combined Utility System Revenue
Refunding Bonds, 2017 of the City of Kent, Washington, dated
____________, 2017.
WASHINGTON STATE FISCAL
AGENT, as Bond Registrar
By
Agenda Item: Other Business – 8B_
TO: City Council
DATE: November 21, 2017
SUBJECT: Ordinance Amending Chapter 3.28 of the Kent City Code Increasing the
B&O Square Footage Tax – Adopt
SUMMARY: Effective January 1, 2013, the City of Kent implemented a local
Business & Occupation Tax, which is comprised of two complementary
components: gross receipts and square footage. It is structured so that the tax
due is based on the larger of these two components. The square footage
component was included largely to address the destination-based sourcing
requirements established by the state in 2008, whereby most of the B&O taxes
generated from manufacturing, wholesaling and warehousing activities are typically
sourced outside of Kent.
Because the Kent Valley is home to a heavy base of manufacturing and large
distribution centers that export goods outside the City, the amount of gross
receipts tax that would otherwise be collected is disproportionate to the revenues
needed to provide essential City services. The square footage tax provides the
mechanism to collect tax on this subset of businesses that significantly contribute
to the need for services, including but not limited to, construction and maintenance
of roads.
Impact of Doubling Square Footage Tax(A)
Currently, approximately 3,500 taxpayers (≈ 220 chamber members – 6%) are
registered and filing B&O tax:
≈ 2,000 (57%) file returns and owe/pay B&O tax
≈ 1,500 (43%) file returns but do not owe any tax
The estimated impact of doubling(B) the current square footage tax rates is:
≈ 680 businesses would be affected, generating ≈ $3 million annually
≈ 60 of the affected businesses are chamber members (9%), generating ≈
$550k annually (18%)
(A) This information is based on returns filed for the most recent year available. It
is limited in scope to data originally reported on the returns and does not reflect
amended returns or adjustments made by the department. The actual tax
increase would vary. Chamber member information is based on the Kent
Chamber Member’s list as of April 2017.
MOTION: Adopt Ordinance ____, amending Chapter 3.28 of the Kent City
Code to increase the City’s square footage tax to six cents for warehouse
floor space and two cents for other business floor space, and to allocate
one-half of the revenue received from the square footage tax to the Capital
Resources Fund.
(B) Rate for warehouse square footage increases from .03 per square foot per
quarter to .06; other square footage increases from .01 per square foot per
quarter to .02.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Ralph and Boyce, NAY: Thomas
BUDGET IMPACTS: Additional revenues generated (half of total square footage
revenues) would be deposited into the Capital Resources Fund and budgeted for Parks
capital or any good governmental purpose as determined by the Mayor and City
Council, such as public safety facilities.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
3.28.050 of the Kent City Code, entitled
“Imposition of the tax – Tax or fee levied,” and
Section 3.28.130 of the Kent City Code, entitled
“Limitation of revenue received,” to increase the
square footage tax.
RECITALS
A. In 2012, the city enacted a Business and Occupation Tax and
a Square Footage Tax.
B. The city now has a demonstrated need to increase its capital
resources accounts.
C. The mayor has proposed this increase to address the need for
increased capital resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 3.28.050 of the Kent City
Code, entitled “Imposition of the tax – Tax or fee levied,” is hereby
amended as follows:
1 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
Sec. 3.28.050. Imposition of the tax – Tax or fee levied.
Except as provided in subsection (C) of this section, there is hereby levied
upon and shall be collected from every person a tax for the act or privilege
of engaging in business activities within the city, whether the person’s
office or place of business be within or without the city. The tax shall be in
amounts to be determined by application of rates against the gross
proceeds of sale, gross income of business, or value of products, including
byproducts, and by application of rates against the square footage of
business office or facility space within the city, as the case may be, as
follows:
A. Gross receipts tax.
1. Upon every person engaging within the city in business as an
extractor; as to such persons the amount of the tax with respect to such
business shall be equal to the value of the products, including byproducts,
extracted within the city for sale or for commercial or industrial use,
multiplied by the rate of 0.152 hundredths of one percent (0.00152). The
measure of the tax is the value of the products, including byproducts, so
extracted, regardless of the place of sale or the fact that deliveries may be
made to points outside the city.
2. Upon every person engaging within the city in business as a
manufacturer, as to such persons the amount of the tax with respect to
such business shall be equal to the value of the products, including
byproducts, manufactured within the city, multiplied by the rate of 0.046
hundredths of one percent (0.00046). The measure of the tax is the value
of the products, including byproducts, so manufactured, regardless of the
place of sale or the fact that deliveries may be made to points outside the
city.
2 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
3. Upon every person engaging within the city in the business of
making sales at wholesale, as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of such sales
of the business without regard to the place of delivery of articles,
commodities or merchandise sold, multiplied by the rate of 0.152
hundredths of one percent (0.00152).
4. Upon every person engaging within the city in the business of
making sales at retail, as to such persons, the amount of tax with respect
to such business shall be equal to the gross proceeds of such sales of the
business, without regard to the place of delivery of articles, commodities
or merchandise sold, multiplied by the rate of 0.046 hundredths of one
percent (0.00046).
5. Upon every person engaging within the city in the business of
(a) printing, (b) both printing and publishing newspapers, magazines,
periodicals, books, music, and other printed items, (c) publishing
newspapers, magazines and periodicals, (d) extracting for hire, and (e)
processing for hire; as to such persons, the amount of tax on such
business shall be equal to the gross income of the business multiplied by
the rate of 0.046 hundredths of one percent (0.00046).
6. Upon every person engaging within the city in the business of
making sales of retail services; as to such persons, the amount of tax with
respect to such business shall be equal to the gross proceeds of sales
multiplied by the rate of 0.152 hundredths of one percent (0.00152).
7. Upon every other person engaging within the city in any
business activity other than or in addition to those enumerated in the
above subsections; as to such persons, the amount of tax on account of
such activities shall be equal to the gross income of the business multiplied
3 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
by the rate of 0.152 hundredths of one percent (0.00152). This subsection
includes, among others, and without limiting the scope hereof (whether or
not title to material used in the performance of such business passes to
another by accession, merger, or other than by outright sale), persons
engaged in the business of developing or producing custom software or of
customizing canned software, producing royalties or commissions, and
persons engaged in the business of rendering any type of service which
does not constitute a sale at retail, a sale at wholesale, or a retail service.
B. Square footage tax. Upon every person who leases, owns, occupies,
or otherwise maintains an office, warehouse, or other place of business
within the city for purposes of engaging in business activities in the city,
the tax shall be measured by the number of square feet of warehouse
business floor space or other business floor space for each office,
warehouse, or other place of business leased, owned, occupied, or
otherwise maintained within the city during the reporting period, calculated
to the nearest square foot.
1. Subject to the reductions established in subsection (B)(6) of
this section, the amount of the tax due shall be equal to the sum of the
number of square feet of business warehouse floor space for each business
warehouse leased, owned, occupied, or otherwise maintained within the
city multiplied by the rate of three cents ($0.036) quarterly for each
calendar year, and the number of square feet of other business floor space
for each office or other place of business leased, owned, occupied, or
otherwise maintained within the city multiplied by the rate of one cent
($0.012) quarterly for each calendar year.
2. For purposes of this section, business warehouse means a
building or structure, or any part thereof, in which goods, wares,
4 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
merchandise, or commodities are received or stored, whether or not for
compensation, in furtherance of engaging in business.
3. For purposes of this section, other business floor space means
the floor space of an office or place of business, other than a business
warehouse.
4. For purposes of this section, the square footage shall be
computed by measuring to the inside finish of permanent outer building
walls and shall include space used by columns and projections necessary to
the building. Square footage shall not include stairs, elevator shafts, flues,
pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets,
and electrical or utility closets.
5. Persons with more than one (1) office, warehouse, or other
place of business within the city must include all business warehouse floor
space and other business floor space for all locations within the city. When
a person rents space to another person, the person occupying the rental
space is responsible for the square footage business tax on that rental
space only if the renter has exclusive right of possession in the space as
against the landlord. Space rented for the storage of goods in a warehouse
where no walls separate the goods, and where the exclusive right of
possession in the space is not held by the person to whom the space is
rented, shall be included in the warehouse business floor space of the
person that operates the warehouse business, and not by the person
renting the warehouse space.
6. If the square footage tax imposed in this subsection (B) is
less than or equal to the gross receipts tax imposed in subsection (A) of
this section, no square footage tax will be due; if the square footage tax
imposed in this subsection (B) exceeds the gross receipts tax imposed in
5 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
subsection (A) of this section, the taxpayer shall also remit the excess over
the gross receipts tax payable under subsection (A) of this section.
C. Gross receipts exemption/square footage threshold.
1. Any person whose gross proceeds of sales, gross income of
the business, and value of products, including byproducts, as the case may
be, from all activities conducted within the city during any quarter are
equal to or less than sixty-two thousand five hundred dollars ($62,500)
during that quarter shall be exempt from the gross receipts tax imposed in
this chapter. The applicable tax rates shall only apply to amounts in excess
of sixty-two thousand five hundred dollars ($62,500) during any quarter.
2. The square footage tax imposed in subsection (B) of this
section shall not apply to any person unless that person’s total floor area
of business space within the city exceeds the following threshold:
a. Four thousand (4,000) taxable square feet of business
warehouse space; or
b. Twelve thousand (12,000) taxable square feet of other
business floor space.
This is a threshold and not an exemption. If the square footage tax
applies, it applies to all business space leased, owned, occupied, or
otherwise maintained by the taxpayer during the applicable reporting
period.
D. Rules. The director may promulgate rules and regulations regarding
the manner, means, and method of calculating any tax imposed under this
section.
6 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
SECTION 2. - Amendment. Section 3.28.130 of the Kent City
Code, entitled “Limitation of revenue received,” is hereby amended as
follows:
Sec. 3.28.130. Limitation of revenue received. One-half of the
revenue received from the square footage tax shall be allocated to the
city’s Capital Resources Fund. Remaining rRevenue received from the
taxes imposed by this chapter shall first then be applied to the actual cost
to staff and operate the business and occupation tax division, including one
(1) information technology position dedicated to support that division, but
not to exceed the amount budgeted for that division by the city council.
After the above allocations, oOne hundred (100) percent of the any
remainingresidual revenue shall be allocated to the design, construction,
maintenance, improvement, operation, and repair of the city’s
transportation infrastructure and appurtenant improvements including,
without limitation, streets, curbs, gutters, sidewalks, bicycle and
pedestrian lanes and paths, street trees, drainage, lighting, and
signalization. up to a total annual allocation of four million seven hundred
thousand dollars ($4,700,000). Until January 1, 2017, any remaining
revenues received shall be applied to the capital improvement fund and
allocated according to the direction of the city council; beginning January
1, 2017, one hundred (100) percent of the remaining revenue after
payment of the actual cost to staff and operate the business and
occupation tax division, including one (1) information technology position
dedicated to support that division, shall be allocated to the design,
construction, maintenance, improvement, operation, and repair of the
city’s transportation infrastructure and appurtenant improvements
including, without limitation, streets, curbs, gutters, sidewalks, bicycle and
pedestrian lanes and paths, street trees, drainage, lighting, and
signalization.
7 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
SECTION 3. – Amendment Effective Date. The amendments made
by this ordinance, including the square footage tax increase and the
reallocation of revenues, shall take effect on January 1, 2019.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
8 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
TOM BRUBAKER, CITY ATTORNEY
9 Amend Ch. 3.28 KCC -
Re: Square Footage Tax
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Agenda Item: Other Business – 8C_
TO: City Council
DATE: November 21, 2017
SUBJECT: Community Health Engagement Locations – Ordinance – Adopt
SUMMARY: On August 15, 2017 the Kent City Council passed a 6-month moratorium
prohibiting community health engagement locations (CHELs) in all zoning districts in
the city. Staff presented two alternatives to the Land Use and Planning Board (LUPB)
and Economic and Community Development Committee (ECDC) for permanent code
amendments regarding community health engagement locations. Both the LUPB and
ECDC recommended Alternative B, prohibiting CHELs in all zoning districts.
BACKGROUND: In September 2016, the Heroin and Opioid Addiction Task Force
convened by King County and Seattle recommended a comprehensive strategy
focusing on prevention and increasing access to addiction treatment on demand. In
January 2017, the King County Executive and Seattle Mayor announced they would
move forward on the complete set of recommendations including the establishment of
facilities referred to as community health engagement locations (CHELs, or safe
injection sites). In June 2017, the King County Council voted to limit establishment of
CHELs only to cities whose elected leaders choose to locate these facilities in their
communities.
Kent City Council adopted a 6-month moratorium in August 2017, temporarily
prohibiting location of community health engagement locations or similar facilities in
all zoning districts in Kent. The LUPB considered two alternatives at workshops on
September 25 and October 9, held a public hearing on October 23 and recommended
Alternative B. ECDC considered the alternatives and the LUPB recommendation at
their November 13 meeting, recommending Alternative B which permanently adopts
the code language prohibiting community health engagement locations in all zoning
districts.
EXHIBITS: Ordinance; SEPA checklist, Decision Document and DNS
RECOMMENDED BY: Economic & Community Development Committee
YEA: Berrios, Boyce, Budell NAY: N/A
BUDGET IMPACTS: N/A
MOTION: Adopt Ordinance No. ______, prohibiting Community Health
Engagement Locations in all zoning districts in Kent, as recommended by the
Economic and Community Development Committee.
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, permanently adopting
section 15.08.550 of the Kent City Code,
prohibiting in all zoning districts the establishment
of community health engagement locations, safe
injection sites, and other uses or activities designed
to provide a location for individuals to consume
illicit drugs.
RECITALS
A. Heroin and opioid use are at crisis levels in King County. In
2015, 229 individuals died from heroin and prescription opioid overdose in
King County.
B. In September 2016, the Heroin and Opioid Addiction Task
Force convened by King County and Seattle recommended a
comprehensive strategy focusing on prevention and increasing access to
addiction treatment on demand.
C. In January 2017, the King County Executive and Seattle
Mayor announced they would move forward on the complete set of
recommendations including the establishment of facilities referred to as
community health engagement locations (also known as safe injection
sites or safe consumption sites).
1 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
D. In addition to providing a hygienic space for consumption of
illicit drugs, Community Health Engagement Locations provide drug users
with access to healthcare, addiction treatment options, and other
community health services.
E. The City of Kent recognizes that research exists that
evaluates the efficacy of community health engagement locations
throughout the world in countries including Germany, Switzerland, the
Netherlands, and Spain; findings suggest that community health
engagement locations may contribute to a reduction in overdose deaths,
reduced HIV risk behavior, reduction in injection-related litter and public
injecting, and increased uptake of treatment services. However, under
state and federal law it remains illegal to possess controlled substances
without a prescription or to operate a place intended for the illicit use of
controlled substances.
F. Community health engagement locations or similar sites
inherently attract criminal activity as the drugs consumed at those sites
are themselves illegal, and locating sites in the City of Kent may attract
additional criminal activity such as drug trafficking, burglary, and theft.
G. In June 2017, the King County Council voted to limit
establishment of community health engagement locations (safe injection
sites) only to cities whose elected leaders choose to locate these facilities
in their communities.
H. On August 15, 2017, Kent City Council adopted a 6-month
land use moratorium and interim official control prohibiting community
health engagement locations, safe injection sites, and other uses or
activities designed to provide a location for individuals to consume illicit
drugs.
2 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
I. In response to this rapidly evolving policy issue, the Kent City
Council will continue to prohibit uses and activities in the City of Kent that
are established and designed to provide a location for individuals to
engage in illegal acts.
J. The City Council adopts the foregoing as findings of fact
establishing the need to permanently prohibit community health
engagement locations in the City of Kent in order to protect the public
health, safety, and welfare of its residents.
K. On September 5, 2017, Kent City Council held a public
hearing to hear comments from the public regarding the 6-month
moratorium prohibiting Community Health Engagement Locations in all
zoning districts, and more generally on the location of Community Health
Engagement Locations in Kent.
L. On September 9, 2017, the city requested expedited review
from the State of Washington under RCW 36.70A.106 for the city’s
proposed amendments to KCC. The expedited review was granted on
October 5, 2017.
M. On October 6, 2017, the city’s SEPA responsible official issued
a Determination of Nonsignificance for the code amendment.
N. The land use and planning board held two workshops to
discuss these code amendments on September 25, 2017, and October 9,
2017. After appropriate public notice, the board held a public hearing on
October 23, 2017, to consider the proposed code amendments and
forwarded their recommendation to the city council.
3 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
O. On November 13, 2017, the economic and community
development committee considered the recommendation of the board and
made a recommendation to the full city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Chapter 15.08 of the Kent City Code,
entitled “General and Supplementary Provisions”, is hereby permanently
amended to add a new section 15.08.550, entitled “Use prohibited in all
zoning districts,” to read as follows:
Section 15.08.550 Use prohibited in all zoning districts.
Community Health Engagement Locations (CHELs) designed to provide a
hygienic environment where individuals are able to consume illegal or illicit
drugs intravenously or by any other means are prohibited in all zoning
districts in the city. A CHEL includes all uses established or activities
undertaken for the above-defined purpose, irrespective of how the use or
activity is described. A CHEL may also be referred to as a medically
supervised injection center, supervised injection site or facility, safe
injection site, fix room, or drug consumption facility.
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
4 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. – Effective Date. This ordinance shall take effect and
be in force thirty 30 days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
5 Adopt KCC 15.08.550 -
Re: Prohibiting Safe Injection Sites
This page intentionally left blank.
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Environmental Checklist
Application Form
Public Notice Board and
Application Fee...See Fee Schedule
WASHINGToN
TO BE COMPLETED BY STAFF:
APPLICATION #:KlvA#: Rb,D- 211ælrb
REGETVED "", fi'n nnfhnfl oarc, lt-14* ,ROGESSING FEE:_
A. STAFF REVIEW DETERMINED THAT PROJECT:
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Meets the categorically exempt criteria.
Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental lmpact Statement will be prepared.
An Environmental lmpact Statement for this project has already been
prepared.
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Signature of Responsible Official Date
B. COMMENTS:
C TYPE OF PERMIT OR ACTION REQU ESrED: zl7î- rLtnp*4,fu -
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City of Kent Planning Services
Environmental Checklist - Page 2
TO BE COMPLETED BY APPLIGANT:
BACKGROUND INFORMATION :
Name of Project: Zoninq Code Amendment, Communitv Health Enqagement Locations
Name of Applicant Citv of Kent
22O 4th Ave S Kent WA 98032
A.
1
2
Mailing Address
Contact Person Danielle Butsick Citv of Kent Telephone 253-856-5443
(Note that all correspondence will be mailed to the applicant listed above.)
3. Applicant is (owner, agent, other)I nnn Ranne Pla lS Coordinator
4. Name of Legal Owner: n/a Telephone
Mailing Address:
5 Location. Give general location of proposed project (street address, nearest intersection of
streets and section. township and ranqe).
City-wide; Commercial-Manufacturing I zone
6. Legal description and tax identification number
a Leqal description (if lengthv, attach as separate sheet)
b. Tax identification number:
7. Existino conditions:Give a generaldescription of the property and existing improvements, size,
topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate
sheet).
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8. Site Area: nla Site Dimensions: n/a
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Proiect description: Give a brief, complete description of the intended use of the property or
project including all proposed uses, days and hours of operation and the size of the project and
site. (Attach site plans as described in the instructions):
See attached proposed code alternatives.
10. Schedule: Describe the tim ing or schedule (include phasing and construction dates, if possible)
Present two alternative ordinances to the Land Use and Planning Board (LUPB) at a
workshop on September 25, 2017.
Present two alternative ordinances at LUPB Public Hearing on October 23,2017
a
a
11
12
. Present two alternative ordinances and LUPB recommendations to Economic and
Community Development Committee November 13, 2017.
. City Council adoption of preferred alternative will occur November 21,2017.
Future Plans: Do you have any plans for future additions, expansion or further activity related to
or connected with this proposal? lf yes, explain.
Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other
agencies for which you have applied or will apply as required for your proposal.
AGENCY PERMIÏ TYPE
DATE
SUBMITTED-NUMBER STATUS**
City of Kent
Zoning Code
Amendment
*Leave blank if not submitted**Approved, denied or pending
Environmental lnformation: List any environmental information you know about that has been
prepared, or will be prepared, directly related to this proposal.
13.
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14
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Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? lf yes, explain.
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B. ENVIRONMENTAL ELEMENTS
1. Earth
a General description of the site (circle one): Flat, rolling, hilly, steep
slopes, mountainous, other:nla
b. What is the steepest slope on the site (approximate percent slope)?
nla
c.What general types of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? lf you know the classification of agricultural
soils, specify them and note any prime farmland.
nla
d. Are there surface indications or history of unstable soils in the immediate
vicinity? lf so, describe.
nla
e Describe the purpose, type and approximate quantities of any filling or
grading proposed. lndicate source of fill.
nla
f Could erosion occur as a result of clearing, construction, or use? lf so,
generally describe.
nla
g. About what percent of the site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
nla
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any.
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2. Air
What types of emissions to the air would result from the proposal (i.e.,
dust, automobile, odors, industrialwood smoke) during construction and
when the project is completed? lf any, generally describe and give
approximate quantities if known.
nla
b. Are there any off-site sources of emissions or odor that may affect your
proposal? lf so, generally describe.
nla
c Proposed measures to reduce or control emissions or other impacts to
air, if any.
nla
3. Water
a. Surface
1)ls there any surface water body on or in the immediate vicinity of
the site (including year-round and seasonal streams, salt water,
lakes, ponds, wetlands)? lf yes, describe type and provide
names. lf appropriate, state what stream or river it flows into.
Will the project require any work over, in or adjacent to (within 200
feet) the described waters? lf yes, please describe and attach
available plans.
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c,
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2)
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3)
4)
5)
6)
b. Ground:
1)
2)
Estimate the amount of fill and dredge material that would be
placed in or removed from surface water orwetlands and indicate
the area of the site that would be affected. lndicate the source of
fill material.
nla
Will the proposal require surface water withdrawals or diversions?
Give generaldescription, purpose, and approximate quantities, if
known.
nla
Does the proposal lie within a 1O0-year floodplain? lf so, note
location on the site plan.
A. Portions of the Commercial Manufacturing I zoning district is
within the 1OO-year floodplain.
B. Portions of the city are within the 1O0-year floodplain
Does the proposal involve any discharges of waste materials to
surface waters? lf so, describe the type of waste and anticipated
volume of discharge.
Will ground water be withdrawn, or will water be discharged to
ground water? Give general description, purpose, and
approximate quantities, if known.
nla
Describe waste material that will be discharged into the ground
from septic tanks or other sources, if any (for example: domestic
sewage; industrial, containing the following chemicals...;
agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if
applicable), or the number of animals or humans the system(s)
are expected to serve.
nla
nla
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c Water Runoff (including storm water):
1) Describe the source of runoff (including storm water) and method
of collection and disposal, if any (include quantities, if known).
Where willthis waterflow? Willthis waterflow into otherwaters?
lf so, describe.
2)Could waste materials enter ground or surface waters? lf so,
generally describe.
nla
d. Proposed measures to reduce or controlsurface, ground, and runoff
water impacts, if any:
nla
4. Plants nla
a. Check or circle types of vegetation found on the site
_Deciduous tree: alder, maple aspen, other
_Evergreen tree: fir, cedar, pine, other
Shrubs
Grass
_Pasture
_Crop or grain
Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
Water plants: water lily, eelgrass, milfoil, other
_Other types of vegetationb. What kind and amount of vegetation will be removed or altered?
nla
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c List threatened or endangered species known to be on or near the site
nla
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
nla
5. Animals n/a
a. Circle any birds and animals which have been observed on or near the
site or are known to be on or near the site:
Birds: hawk, heron, eagle, songbirds, other:_
Mammals: deer, bear, elk, beaver, other:_
Fish: bass, salmon, trout, herring, shellfish, oth
b. List any threatened or endangered species known to be on or near the
site.
nla
ls the site part of a migration route? lf so, explain
nla
c
d. Proposed measures to preserve or enhance wildlife, if any:
nla
6. Enerqv and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be
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used to meet the completed project's energy needs? Describe whether it
will be used for heating, manufacturing, etc.
nla
b. Would your project affect the potential use of solar energy by adjacent
properties? lf so, generally describe.
nla
c What kinds of energy conservation features are included in the plans of
this proposal? List other proposed measures to reduce or control energy
impacts, if any:
nla
7. Environmental Health
a Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? lf so, describe.
1) Describe special emergency services that might be required
Proposed measures to reduce or control environmental health
hazards, if any:
b
What types of noise exist in the area which may affect your
project (for example: traffic, equipment operation, other)?
What types and levels of noise would be created by or associated
with the project on a short-term or a long-term basis (for example:
traffic, construction, operation, other)? lndicatewhat hours noise
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2)
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Noise
1)
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2)
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would come from the site.
nla
3) Proposed measures to reduce or control noise impacts, if any
nla
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
nla
b. Has the site been used for agriculture? lf so, describe.
nla
c. Describe any structures on the site.
nla
d. Will any structures be demolished? lf so, what?
nla
e. What is the current zoning classification of the site?
A. Commercial-Manufacturing I
B. Citywide
What is the current comprehensive plan designation of the site?
A. lndustrial
B. Citywide
g. lf applicable, what is the current shoreline master program designation of
the site?
A. No Commercial-Manufacturing I Zone areas are in the shoreline
jurisdiction.
B. Portions of the city are within shoreline jurisdiction.
f
h. Has any part of the site been classified as an "environmentally sensitive"
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area? lf so, specify
A. Portions of the Commercial-Manufacturing I zoning district are within
the seismic hazard area, and critical aquifer recharge area. A small
portion is within the steep slope hazard area.
B. Portions of the city are within environmentally sensitive areas
Approximately how many people would reside or work in the completed
project?
nla
Approximately how many people would the completed project displace?
nla
k. Proposed measures to avoid or reduce displacement impacts, if any:
nla
Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any.
A. Development conditions as part of this proposal are intended to reduce
the impacts of future community health engagement location facilities.
The development conditions require an analysis of a proposed
development's consistency with city plans, documentation of public
involvement and an explanation of the need and suitability for a proposed
location, among severaf other requirements. These measures should
mitigate impacts of future facilities that use this amended code section.
B. The proposed regulations prohibit the location of community health
engagement location facilities in allzoning districts in the city. Potential
impacts to existing land uses are avoided by this prohibition.
9. Housinq
a Approximately how many units would be provided, if any? lndicate
whether high, middle, or low income housing.
nla
b. Approximately how many units, if any, would be eliminated? lndicate
whether high, middle, or low income housing.
nla
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c. Proposed measures to reduce or control housing impacts, if any
nla
10. Aesthetics
a.What is the tallest height of any proposed structure(s), not including
antennas; what is the principal exterior building material(s) proposed?
nla
b. What views in the immediate vicinity would be altered or obstructed?
nla
Proposed measures to reduce or control aesthetic impacts, if any
nla
11. Liqht and Glare
a What type of light or glare will the proposals produce? What time of day
would it mainty occur?
nla
Could light or glare from the finished project be a safety hazard or
interfere with views?
c
b
c.
nla
What existing off-site sources of light or glare may affect your proposal?
nla
d. Proposed measures to reduce or control light and glare impacts, if any.
nla
12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
nla
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b. Would the proposed project displace any existing recreational uses? lf
so, describe.
nla
c.Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any.
nla
13.Historic and Cu ral Preservation
Are there any places or objects listed on, or proposed for, national, state
or local preservation registers known to be on or next to the site? lf so,
generally describe.
nla
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
nla
c.Proposed measures to reduce or control impacts, if any
nla
14. Transportation
a.ldentify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if any.
nla
b. ls site currently served by public transit? lf not, what is the approximate
distance to the nearest transit stop?
nla
c.How many parking spaces would the completed project have? How
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many would the project eliminate?
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? lf so, generally
describe (indicate whether public or private).
nla
e Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? lf so, generally describe.
nla
f. How many vehicular trips per day would be generated by the completed
project? lf known, indicate when peak volumes would occur.
nla
g. Proposed measures to reduce or control transportation impacts, if any
nla
15. Public Services
Would the project result in an increased need for public services (for
example:fire protection, police protection, health care, schools, other)? lf
so, generally describe.
A. lt is possible that a future project under this code amendment could
increase the need for police services, or cause an increase in crimes such
as loitering, litter and others.
Community health engagement locations are intended to create an
opportunity for interface between individuals with opiate use disorder and
those who are able to provide healthcare and services. lf their intended
purpose is met, this will increase demand for healthcare and services
othen¡'rise not sought by these individuals.
B. The proposed regulations prohibit community health engagement
locations in all zoning districts in the city. Potential impacts would be
avoided through this prohibition.
b. Proposed measures to reduce or control direct impacts on public
services, if any.
nla
a
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A. Development regulations include a neighborhood partnership
agreement addressing steps the facility wíll take to reduce loitering, litter
or other nuisances, as well as steps partners will take to resolve
concerns. This agreement should reduce any potential increase in need
for police services,
B. n/a
16. Utilitiee
Circle utilities currently available at the site: electricity, natural gas, water,
refuse service, telephone, sanitary sewer, septic system, other.
nla
Describe the utilities that are proposed for the project, the utilities
providing the service and the general construction activities on the site or
in the immediate vicinity, which might be needed,
nla
C. SIqNATURE
The above answers are true and complete to the best of my knowledge, I
the lead a is relying on them to make its decision
S
Date:
a
b
/þ
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DO NOT USE THIS SHEET FOR PROJECT ACTIONS
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
Because these questions are very general, it may be helpful to read them in
conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the
types of activities likely to result from the proposal, would affect the item at a
greater intensity or at a faster rate than if the proposal were not implemented.
Respond briefly and in generalterms.
1 . How would the proposal be likely to increase discharge to water; emission
to air; production, storage, or release of toxic or hazardous substances;
or production of noise?
A. Future development may affect discharge to water, emission to air,
production, storage or release of toxic or hazardous substances that
would be typical of other medical services or professional/business
services development.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to avoid or reduce such increases are:
A. Regulations are already in place to mitigate impacts for all medical
service{ype uses.
B. n/a
2. How would the proposal be likely to affect plants, animals, fish, or marine
life?
A. Future development may remove vegetation to accommodate
community health engagement locations and associated parking areas.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect or conserve plants, animals, fish, or
marine life?
A. Regulations are in place to protect wetlands and streams and for tree
preservation.
B. n/a
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3. How would the proposal be likely to deplete energy or natural resources?
A. Future development will utilize energy or natural resources at levels
typical of professional services use.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect or conserve energy and natural resources
are:
A. The City promotes conservation of energy and natural resources
B. nla
How would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (or eligible or under study) for
governmental protection; such as parks, wilderness, wild and scenic
rivers, threatened or endangered species habitat, historic or cultural sites,
wetlands, floodplains, or prime farmlands?
A. The proposal limits development of community health engagement
locations to the Commercial Manufacturing I zoning district. Future
development of community health engagement locations is unlikely to
affect sensitive areas.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to protect such resources or to avoid or reduce
impacts are:
A. Regulations are in place for protection of environmentally sensitive
areas from development impacts.
B. nla
5. How would the proposal be likely to affect land and shoreline use,
including whether it would allow or encourage land or shoreline uses
incompatible with existing plans?
A. The proposal introduces a new category of service land use allowed in
the Commercial-Manufacturing I zoning district. This use is compatible
with existing plans with the added development conditions addressing
neighborhood impacts.
B. The proposed regulations prohibit community health engagement
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locations as an incompatible use within the city.
Proposed measures to avoid or reduce shoreline and land use impacts
are:
A. The proposal requires a conditional use permit for community health
engagement locations, as wellas a neighborhood partnership agreement
to ensure land use impacts are minimized.
B. n/a
6. How would the proposal be likely to increase demands on transportation
or public services and utilities?
A. The proposal may result in facilities being developed that would
increase demands on transportation or public services and utilities.
B. No impacts are expected as a result of the proposed regulations
prohibiting community health engagement locations in Kent.
Proposed measures to reduce or respond to such demand(s) are:
A. Regulations are in place to mitigate demands on transportation
system, public services and utilities.
B. nla
7. ldentify, if possible, whetherthe proposal may conflict with local, state, or
federal laws or requirements for the protection of the environment.
A. The proposal may be in direct conflict with state and federal laws
prohibiting the possession of controlled substances without a prescription
and those prohibiting the establishment and maintenance of a place
intended for the illicit consumption of controlled substances.
B. nla
P : \Pla n n i n g\ADM IN\FORM S\SEPA\SEPA_CH ECKLIST. doc ( REVIS E D t2/ OB)
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KENT
WasHtNGToN
CITY OF KENT
DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-2017-28 / RPSW-2173956
¿CA-2OL7-4 / RPP6 -2L73BBL
Project: COMMUNITY HEALTH ENGAGEMENT LOCATIONS / AKA SAFE INJECTION SITES
Description: The City of Kent has initiated a non-project environmental review for a
proposal to a) amend the City of Kent Municipal Code Sections 15.02 and 15,04, to define
Community Health Engagement Locations (CHELs) as a new service land use category and
establish CHELs as a conditional use in the Commercial-Manufacturing I zoning district, OR b)
permanently adopt Kent Municipal Code Section 15.08.550 regarding prohibition of community
health engagement locations in all zoning districts.
Applicant: Danielle Butsick, Long Range Planner/GIS Coordinator
City of Kent Planning Services
Lead Agency Crv or Kerur
The lead agency for this proposal has determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.2LC.030(2)(c). This decision was made after review- of a completed
environmental checklist and other information on file with the lead agency, This information is
available to the public on request.
There is no comment period for this DNS.
X This DNS is issued under I97-LI-340(2). The lead agencywill notacton this proposal
for 14 days from the date of this decision; this constitutes a 14-day comment period.
Comments must be submitted by 4=3O p.ffi., October 2f),2OL7. This DNS is subject to
appeal pursuant to Kent City Code section 11.03.520.
Resp onsible Official Charlene Anderson
Position/Title Lono Ranqe Planninq Manaoer/ SEPA OFFICIAL
Address 220 Fourth Avenue South, Kent. WA 98032 Telephone: (253) 856-5431
Dated October 6, 2017 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE
END OF THE COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
DB\ct\ \\Cityvmplv\sdata\Perm¡t\Pla n\ZONING_OTH ER_CODE_AMEN ÞM ENTS\201 7\ZC A-2077 -4 SAFE INJ ECTION SITES\zCA-201 7-4_CHELS_ENV_Determinat¡on,doc
269
KENT
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
WaSHtNGToN
ENVIRONMENTAL REVIEW REPORT
Decision Document
Community Health Engagement Locations (CHELs)
AKA Safe Injection Sites
ENV-2O 17 -28, KIVA #RPSW-2L73956
zcÀ-2ol7 -4 | KÍV A # RPP6-2 1 7388 1
Charlene Anderson, AICP Responsible Official
I PROPOSAL
The City of Kent has initiated a non-project environmental review for a
proposal to a) amend the City of Kent Municipal Code Sections 15.02 and
75.04, to define Community Health Engagement Locations (CHELs) as a new
service land use category and establish CHELs as a conditional use in the
Commercial-Manufacturing I zoning district, OR b) permanently adopt Kent
Municipal Code Section 15.08.550 regarding prohibition of community health
engagement locations in all zoning districts.
BACKGROU N D IN FORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4L63), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB L724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and Concurrency Management (Chapter L2.tL, 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, regulatethe 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.t2 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 L97-L1 WAC (effective November 10,
L997), which implements ESHB L724 and ESB 6094, and rules which took
effect on May 10, 2014 in response to 2ESSB 6406 passed by the State
Legislature in 2012.
II.
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Community Health Engagement Locations (CHELS) (ZCA-2077-X)
ENV-20 17-28 / RPSW-2173956
III, ENVIRONMENTAL ELEMENTS
Earth
The proposal is a non-project action. Individual development projects
will be subject to the City of Kent standards for erosion and
sedimentation controls, Specific environmental impacts and appropriate
mitigation measures will be determined at the time of individual
development permit review,
Air
The proposal is a non-project action. Specific environmental impacts and
appropriate mitigation measures will be assessed at the time of
application for development permits.
Water
The proposal is city-wide, which includes areas that abut the Green
River, Mill Creek, several lakes, and various drainage basins and
wetlands. All lands within the Green River Natural Resources Area pond,
within 200 feet of the ordinary high water mark of Panther Lake, Lake
Meridian, Lake Fenwick, the Green River, and impacted by associated
wetlands, are within Shoreline Master Program jurisdiction. If individual
development proposals impact wetlands or streams, mitigation will be
required in accordance with the City's Critical Areas regulations
contained in Kent City Code Section 11.06.
Construction activities are regulated by the adopted codes of the City of
Kent. Impacts to associated waterways and wetland areas will be
analyzed and mitigated at the time of development permit review.
PIants and Animals
The code amendments are non-project actions. The Green River is
considered critical habitat for a number of threatened and migratory
species. Specific environmental impacts and appropriate mitigation
measures related to plants and animals will be determined at the time of
individual development permit review.
Energy and Natural Resources
This proposal is not anticipated to have a significant adverse effect on
energy and natural resources.
Aesthetics, Noise, Light and Glare
The code amendments are non-project actions, Specific impacts and
appropriate mitigation measures will be determined at the time of
individual development permit review.
Land and Shoreline Use
Adoption of the code amendments is a non-project action that is not
anticipated to have significant adverse environmental impacts, The
A
B
c
E
F
G
D
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H
I
code amendments apply a) to the CM-l zoning district, or b) to all
zoning districts throughout the city. Shoreline jurisdiction applies to the
Green River Natural Resources Area, properties within 200 feet of the
Ordinary High Water Mark of the Green River, Lake Fenwick, Panther
Lake, and Lake Meridian, and within any wetlands associated with these
waterbodies.
Consideration is given to allowing community health engagement
locations in commercial-manufacturing areas, specifically in the CM-1
zoning district. This use is compatible with existing plans with the
added development conditions addressing neighborhood impacts.
Specific impacts and appropriate mitigation measures will be determined
at the time of individual development permit review.
Housing
Adoption of the code amendments is not anticipated to have a
significant adverse effect on housing.
Recreation
While there are many parks and recreation facilities in the City of Kent,
significant adverse impacts to recreation are not anticipated from these
code amendments.
Historic and Cultural Preservation
Although this is a nonproject action, if archeological materials are
discovered during work for any project action, the applicant must stop
work and notify the State Department of Archaeology and Historical
Preservation.
Transportation
Individual development projects are required to pay a transportation
impact fee and may be required to construct streetscape improvements.
Public Services
Although adoption of the code amendments is a non-project action,
public services may be affected by ensuing development of community
health engagement location facilities. The proposal may result in
facilities being developed that would increase demands on
transportation or public services and utilities. The extent to which any
future development may impact these services is dependent upon an
individual development proposal and would be reviewed with any
development permit review.
Utilities
This proposal is a non-project action. The extent to which any future
development may impact utilities is dependent upon an individual
development proposal and would be reviewed with any development
permit review.
J
K
L
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Decision Document
Community Health Engagement Locations (CHELs) (ZCA-20L7-X)
ENV-2017-28 / RPSW-2 173956
IV. SUMMARY AND RECOMMENDATION
A.It is appropriate per WAC L97-L1-660 and RCW 43.21C.O60 that the
City of Kent establish conditions to mitigate any identified impacts
associated with this proposal. Supporting documents for the following
conditions and mitigating measures include:
1
2
3
4
5
6
7
City of Kent Comprehensive Plan as prepared and adopted
pursuant to the State Growth Management Act;
The Shoreline Management Act (RCW 90,58) and the Kent
Shoreline Master Program ;
Kent City Code Section 7.O7 Surface Water and Drainage Code;
City of Kent Transportation Master Plan, Green River Valley
Transportation Action Plan and current Six-Year Transportation
Improvement Plan;
Kent City Code Section 7.09 Wastewater Facilities Master Plan;
City of Kent Comprehensive Water Plan and Conservation
Element;
Kent City Code Section 6.OZ Required Infrastructure
Improvements;
Kent City Code Section 6.07 Street Use Permits;
Kent City Code Section L4.O9 Flood Hazard Regulations;
Kent City Code Section L2.04 Subdivisions, Binding Site Plans,
and Lot Line Adjustments;
Kent City Code Section L2.O5 Mobile Home Parks and 12.06
Recreation Vehicle Park;
Kent City Code Section 8.05 Noise Control;
City of Kent International Building and Fire Codes;
Kent City Code Title 15, Zoning;
Kent City Code Section 7.L3 Water Shortage Emergency
Regulations and Water Conservation Ordinance 2227;
Kent City Code Sections 6.03 Improvement Plan Approval and
Inspection Fees;
Kent City Code Section 7.05 Storm and Surface Water Utility;
City of Kent Comprehensive Sewer Plan;
City of Kent Fire Master Plan; and
Kent City Code Chapter 11.06, Critical Areas.
8.
9,
10
11
L2.
13.
L4.
15.
16.
L7.
18.
19.
20.
It is recommended that a Determination of Nonsignificance (DNS) be
issued for this non-project action.
KENT PLANNING SERVICES
October 6 2Ot7
DB\ct\Sj\Permtt\Ptan\ZONING_OTHER CODE-AMENDMENTS\2017\ZCA-2017-4 SAFE INJECTION SITES\ZCA-2017-4-CHELs ENv,Decision.doc
B
Page 4 of 4
273
Agenda Item: Other Business – 8D_
TO: City Council
DATE: November 21, 2017
SUBJECT: Resolution Renaming South 238th Street to “Oberto Drive” – Adopt
SUMMARY: Oberto, a Kent business, requested that Mayor Cooke consider renaming
South 238th Street from West Valley Highway to the eastern terminus to Oberto Drive to
honor Oh Boy Oberto’s 100th Anniversary and importance to the Kent Community.
Mayor Cooke believes renaming the street would be a fitting tribute to commemorate
Oberto’s contribution to the City and its 100 year anniversary.
The Mayor has requested that South 238th Street be renamed Oberto Drive from the
point where West Valley Highway to the eastern terminus at the Oh Boy Oberto
factory.
This item was first introduced to the Public Works Committee for information only. It
will go back to the committee for action on November 20, 2017, then directly to
Council for final approval at tonight’s meeting.
EXHIBITS: Resolution
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: None
MOTION: Adopt Resolution No. , renaming South 238th Street to
“Oberto Drive.”
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RESOLUTION NO. ___________
A RESOLUTION of the City Council of the
City of Kent, Washington, renaming South 238th
Street to Oberto Drive, commemorating Oberto’s
contribution to the City and its 100 year
anniversary.
RECITALS
A. A Kent business, requested that Mayor Cooke consider renaming
South 238th Street from West Valley Highway to the eastern terminus to
Oberto Drive to honor Oh Boy Oberto’s 100th Anniversary and importance
to the Kent Community.
B. Mayor Cooke believes renaming the street would be a fitting tribute
to commemorate Oberto’s contribution to the City and its 100 year
anniversary.
C. The Mayor has requested that South 238th Street be renamed
Oberto Drive from the point where West Valley Highway to the eastern
terminus at the Oh Boy Oberto factory.
D. 1978: Oberto Sausage Company and its 150 employees opened a
facility on South 238th Street in Kent for production, packaging and
distribution.
1 Resolution
Veteran’s Drive
1983: Company sales exceed $20 million, employing 250 people at three
production facilities.
1994: Turkey Jerky was launched and quickly became one of the fastest
growing items in the category. By the end of 1994, Oberto was the
nation’s #1 jerky manufacturer.
1997: Oberto built a new, 100,000 square foot headquarters and
distribution facility adjacent to the Kent manufacturing plant, just prior to
the company’s 80th anniversary.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Renaming. South 238th Street in Kent, beginning at
West Valley Highway to the eastern terminus at the Oh Boy Oberto factory
shall be renamed “Oberto Drive.” The City’s Public Works Department is
authorized to describe the exact limits of Oberto Drive by milepost, street
section, or other appropriate legal description to the extent required for
public safety or other purposes.
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. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this resolution, including the
correction of clerical errors; references to other local, state or federal laws,
2 Resolution
Veteran’s Drive
codes, rules, or regulations; or resolution numbering and
section/subsection numbering.
SECTION 4. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this _______ day of _________________, 2017.
CONCURRED in by the Mayor of the City of Kent this ______ day of
__________________, 2017.
SUZETTE COOKE, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
3 Resolution
Veteran’s Drive
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BIDS
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REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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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: 11/21/17
TO: Mayor Cooke
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, November 21, 2017
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• City leaders are hard at work on materials for the new mayor and councilmember
orientation session on Tuesday, December 19, at 4 p.m. Mayor Suzette Cooke has
lunched with Mayor-elect Dana Ralph, and the CAO has held or scheduled one-on-one
conversations with the mayor-elect and councilmembers-elect Satwinder Kaur and Toni
Troutner, as well.
• We’ll recognize outgoing councilmembers Jim Berrios and Dennis Higgins on Tuesday,
November 21, at 6 p.m. and outgoing Mayor Cooke on Tuesday, December 12, at 6
p.m. There will also be a ticketed evening celebration for Mayor Cooke on Thursday,
December 14, at accesso ShoWare Center.
• The December 12 council meeting agenda is going to be longer than our typical
December agenda due to several budget- and YMCA-related items.
• The City Clerk’s Office has been assisting departments with the retention of permanent
records that have been sent to the state archives. The Clerk’s Office, in conjunction
with the Information Technology Department and City Council committee secretaries,
continue testing the agenda routing system for the preparation and distribution of
agenda and minutes.
• On Monday, November 6, Mayor Cooke hosted 11 guests from Kent’s Sister City Tamba,
Japan. Guests included city officials, businessmen as well as members of the Tamba
International Association. Kent and Tamba have enjoyed their sister city relationship for
forty-nine years and plans are underway to commemorate 50 years next summer when
the Mayor of Tamba visits Kent.
ECONOMIC AND COMMUNITY DEVELOPMENT
Long Range Planning Services
• Long range planning and public works staff met to reach consensus on outstanding
comments related to the Meet Me on Meeker (MMOM) design and construction
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standards. The final draft of the document will incorporate the agreed upon framework;
the standards will represent the vision or ideal, with specific guidance for how to work
within the constraints of individual projects on a case-by-case basis. This will ensure
that major new development will contribute to the MMOM vision, as well as give limited
and targeted flexibility as needed for minor redevelopment. Additionally, the group
identified strategic cost-saving measures that prioritize the most essential streetscape
elements, thereby maximizing the goals of the project while minimizing unnecessary
cost.
• Planning staff met with counterparts in Bellevue to discuss light rail permitting. Lessons
learned include the need for significant staff resources; clear understanding of timelines
and submittals early on to prevent conflicts, and how the coordinator position might
function for all parties – ST, the jurisdiction, and the contractor. ECD and PW staff are
also reviewing the extensive documentation known as Project Requirements to ensure
that the city’s needs are clearly represented during the bidding process
• ECD staff finalized an Urban Separators Inventory and Characterization Report, and
presented it to the Land Use and Planning Board for their review and feedback. The
completion of the report represents the first major milestone in the Urban Separators
project, considering whether the city should allow amendments to the land use plan
map for these low-density residential areas intended to preserve open space and
connect environmental corridors. It enables the project to move into the next phase to
develop preliminary alternatives. The report also accomplishes Policy LU-19.5 in the
2015 Comprehensive Plan, “Inventory local- and county-designated Urban Separators in
an effort to manage development regulations”.
• Staff presented the recommendations of the Land Use and Planning Board regarding
Community Health Engagement Locations (also known as safe injection sites) to the
Economic and Community Development Committee. ECDC voted to accept the LUPB’s
recommendation and recommend that City Council permanently adopt code language
established through the moratorium passed in August, prohibiting safe injection sites in
all zoning districts in Kent. Council will vote on Community Health Engagement
Locations November 21st.
Building & Permit Center
• Woodspring Suites, RPPA-2173880, Novak Lane - A proposal to build a 4-story, 122-key
hotel. The site currently has two single family residences, a detached garage, and
several small outbuildings at the southern limits. Access to the site will be from two
separate driveways along Novak Lane.
• Shiva Short Plat, zoned SR-8 - Proposal to subdivide the subject property of .95 acres
into (7) single-family residential lots. The applicant would like to create a pond to the
west of the property to extend into city owned pond.
• Yoshida Kent, zoned M1-C - Proposal to construct (2) new single-story buildings on
parcel #775980003 for retail and/or office type uses. Building A will be roughly 4,730 sf
and Building B at 3,509 sf.
• Riverbend / Marquee on Meeker, W Meeker St – Proposal for civil construction for future
development of a thriving mixed-use community.
• Central Short Plat, zoned GC-MU, MR-M - Proposal to subdivide a 0.8-acre lot into two
lots. The west half is zoned GC-MU and contains a single-family residence and the east
half is zoned MR-M and is vacant. The short plat is proposed along the zoning boundary.
The west half will remain as is while the east half is proposed for multifamily
development. Construction will include (1) 3-story, 6-8 unit building with associated
parking.
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• Goddard-Mittal, 132nd Ave SE - Construction of a daycare, preschool and kindergarten
center.
• Kent Medical Office Bldg. - Civil Construction - State Ave N Construction of a new
medical office building on existing surface parking lot site.
• Amrik Commercial Rentals – Civil Construction – 5th Ave S Improvements to the 2.6
acre site for parking of commercial vehicles by paving and installing a storm water
system.
• Arco Fuel Facility – New Building located at 116 Ave SE Construct new convenience
store (M, VB, 3, 180 sq. ft.), separate carwash (B, VB, 1,041 sq. ft.), and separate
pump canopy (B, II-B, 4,408 sq. ft.).
• Centerpoint Properties – Major Commercial Addition located at 72 Ave S. Tenant
improvements in new single story tilt up concrete building to include office spaces,
break rooms, restrooms, and 22,286 sq. ft. Add 7,263 sq. ft. to 2,930 sq. ft. mezzanine.
Remove eight parking spaces for new concrete patio.
Total Permits Issued: 178
Valuation: $15,782,518.04
Total Inspections
Passed: 428
Failed: 100
Continued: 15
EMERGENCY MANAGEMENT
Regional Coordination
• Web EOC – Participated with King County Emergency Management to develop a regional
WebEOC process. WebEOC is a computer software program to support disaster
response and recovery.
• EMAC (Emergency Management Advisory Committee) – Attends monthly meetings to
coordinate and discuss regional issues in Emergency Management.
• Zone 3 – Emergency Management hosted the Zone 3 Emergency Managers
Committee.
Training
• Hosted a Flooding Tabletop with Public Works. Approximately 20 staff from Public
Works and Emergency Management walked through a flooding scenario in Kent defining
roles and procedures.
Community Training
• Emergency Management graduated 40 new CERT (Community Emergency Response
Team) members. At this time we have trained over 1800 residents/businesses/city staff
since starting the program in 1999.
FINANCE
• The Finance team is beginning our year-end training sessions (six in all) lead by the
Accounting, Reporting & Payroll Division. The Accounts Payable group is training about a
dozen staff on the AP process and steps we need departments to take, as well as some
tips and pointers, as the financial year-end approaches. The idea is for these trainings
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to be an interactive training and will be held in the computer lab. We also have several
sessions of other year-end training, as well as pcard and grant training coming up in the
next 1-2 months.
• Finance and Public Works are working on a crossover refunding of the City’s 2009 Build
America Bonds. In November, Finance will be presenting to Standard & Poor’s as part
of the rating process. We will hear by the end of the year if S&P makes any changes to
our rating. The city currently carries an AA+ rating with S&P and an A1 rating from
Moody’s.
HUMAN RESOURCES
Administration/LEAN/Community Outreach
• The City’s Diversity and Inclusion efforts to hire highly-skilled refugees were recognized
by Tent, a non-profit organization dedicated to bringing business leaders together to
hire highly-skilled refugees through an invitation to participate in a national discussion
about hiring refugees.
• On November 8, the guest speaker for the Cultural Community Conversation was Chitra
Hanstad, the Executive Director of World Relief Seattle.
Innovate Academy (LEAN)
• Beginning an ECD Building Code Enforcement process improvement project that will run
through January.
• Facilitating a process-mapping effort for the PW Engineering As-built Process with staff
from PW and ECD. The project is in conjunction with staff from IT who are working to
implement an electronic system to streamline the system and make it more transparent
and predictable for staff and citizens.
• Facilitated a discussion with staff to develop a 12-month ‘roadmap’ detailing steps the
city can take to develop a culture of continuous improvement.
Benefits
• Benefits Open Enrollment is scheduled to be held between November 17 and December
1.
Labor, Classification Compensation
• Reviewing appeals for the non-represented employee salary survey.
• Working on several Memorandums of Understanding (MOU) and Letters of
Understanding (LOU) with union groups.
Recruitment
• Sergeant assessment center orientation workshop on November 13 and again on
November 21.
• Planning Technician is open in-house and closes on November 21.
• Testing was conducted on Saturday, November 11, for Entry Level Police Officer
applicants. Notices and the eligibility list will be completed by Wednesday, November
15.
• Special Civil Service Commission meeting will be held on Wednesday, November 15, in
Chambers West at 5:30 p.m.
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INFORMATION TECHNOLOGY
Information technology supports every department within the city. The following list of
support is by department, to provide an overview of the many ongoing projects.
City Administration
• eAlert Functionality - increased digital engagement, building communities around data.
• Agenda Workflow Management - this project will utilize the current Agenda Management
Software (IQM2- MinuteTraq) in an effort to automate the current manual processing of
the approval, assembly and distribution of agenda management and minute
management activities.
Economic & Community Development
• KIVA Data Cleanup and Upgrade to v7.2 - stabilize the Kiva permitting system to get
additional time for the city to be able to move forward with purchasing and replacing the
Kiva system.
• Permit Status – We are enhancing the Permit Status reporting system to provide
additional search options and better web security for those who access this page on our
City of Kent Website.
Finance
• Card Present Payment Processing (Finance/PD) - replacement of the current POS
software with an Enterprise System Facilitates coordination and information sharing
both internally and externally with regards to the A/R and A/P of funds circulated
through the CoK.
• B & O Technology Solution - redesign the B&O Tax solution to leverage new technology
features, enhance security and support new/more browsers. This interim solution will be
in place while an Enterprise level "Tax" solution can be purchased.
Information Technology
• Enterprise Employee Lifecycle: IT Employee Lifecycle Process Establishment - define
and document current state employee new hire process, identifying gaps, redundancies,
communication flows between work groups, then streamline within an easy workflow
solution, including a training plan and communication plan for cross departmental work
groups that administer the employee new hire process.
• Windows 10 Certification - certify business systems and hardware platforms for
Windows 10 in preparation for Windows 10 operating system migration.
Police
• Jail camera replacement and enhancement of cameras from current analog/DVR
systems to one digital monitoring system. Replace ~5 out of service perimeter cameras,
if funds are available we will replace all 12 rooftops or a subset thereof.
• Migrate Evidence Capture to Veripic Mobile - push digital evidence capture to the
iPhones that removes the device from PRR requests. More efficiently allows officer to
capture digital evidence.
Public Works
• GIS Data for Externally Accessible Web Apps - project is to make GIS data available
externally for use by GIS web applications.
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• SCADA Security Review - get an assessment of the CoK's current security practices
involving Supervisory Control and Data Acquisition (SCADA) system and obtain
recommendations for improving security practices to be in line with federal SCADA
security standards.
Information Technology operational support for October 30, 2017 to November 13, 2017:
number of tickets opened – 314
number of tickets closed - 268
LAW
• City Attorney staff attended a work group looking at potential legislative amendments
to the state’s forfeiture statutes.
• After making a final request for a possession and use agreement (which is necessary
for right-of-way certification), to which there was no response, staff filed a
condemnation lawsuit against JaLau Klavano Properties, LLC in association with the
228th Street Grade Separation Project.
• The City Attorney’s Office has filed its annual LID foreclosure lawsuit, which only
includes one property this year.
• Three code enforcement hearings were handled by the City Attorney’s office. The first
was a mitigated hearing for two inoperable vehicles. Both vehicles have been
removed, so the city agreed to a reduction in the fine. The total fine assessed was
$200.
• The second code enforcement hearing was a contested hearing. The violator called the
hearing examiner on Monday to request a continuance, and the hearing examiner
advised him to put his request in writing. He failed to do so and failed to appear for
the hearing. The City Attorney’s office objected to his request for a continuance and
asked for a default order, which was granted by the hearing examiner. The default
order was entered finding the violation committed and assessed the full fine amount of
$500.
• The third code enforcement hearing was a contested hearing, but the violator
requested to change to a mitigated hearing at the start of the hearing. The violation
(tall weeds and grass) had not been abated, but the violator presented sufficient
mitigating circumstances, so the City Attorney’s office requested that the full fine of
$500 be imposed, with $400 suspended for a period of 15 days. If the violation is
abated within 15 days, the fine will be reduced to $100; if the violation remains, the
full amount will be imposed.
• The City Attorney’s Office prepared an amendment to the interlocal agreements with
Maple Valley for jail and court services.
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• Art works by Barbara Noonan and Vikram Madan are on display in the Centennial Center
Gallery through December 29. Vikram’s paintings are quirky, fun, light-hearted and
philosophical. Barbara created many new works specifically for this show. She painted
on location views of the Kent Valley, including the Dvorak Barn, Walla House, and Soos
Creek Botanical Gardens. Portions of her sales will be donated to historic preservation
projects.
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• Kent Creates “Holiday Traditions” exhibit is currently open and will run through
December 31. People are encouraged to share their holiday traditions at
kentcreates.com. Entries can be photographs, recipes, and videos of dances, short films,
poems, painting, drawings, and anything creative.
Youth-Teen-Adaptive
• Staff is working with several community partners to host the 4th annual Community
Thanksgiving Dinner at the Kent Parks Community Center (inside Kent Phoenix Academy
11000 SE 264th St. Kent, WA 98030) from 6:30-8:30 pm Thursday, November 16.
Traditional dishes along with a variety of international food from throughout Kent’s
diverse community will be served. All ages welcome and the event is free.
• Sixty Special Olympic bowling athletes proudly represented Kent at the Regional Special
Olympic Bowling Tournament on November 5. The competition was fierce among the
more than 700 bowlers competing at this South King County event. Our team brought
home 18 gold, 12 silver, and 6 bronze medals and must now patiently wait to see who
qualifies for the State games. Next up for our athletes is swimming and basketball.
Senior Activity Center
• The 31st Annual Holiday Craft Market signaled the official beginning of the holiday
season at the Kent Senior Center on November 3-4. This event showcases the juried,
handcrafted work of 68 outstanding artists and craftspeople and attracts over 2,000-
holiday shoppers. Musical entertainment, Figgy Puddy Café bake sale and lunches sold
to over 300 people rounded out this festive and fun-filled weekend.
Recreation
• Kent Parks Youth Soccer Program concluded another highly successful season on
November 4. 1,216 kids on 94 teams have been involved in weekly practices and
games that began in mid-August. Over 141 volunteer coaches provided mentorship,
skills instruction, support, and encouragement to all of the participants in this healthy,
fun, and fitness filled outlet for kids. This also serves as an excellent employment
opportunity for teens and adults as Parks Department staff recruited, trained, coached
and supervised 32 sports officials. For many of the officials, this is a first-time
employment opportunity that teaches them skills they will use and build on throughout
their future careers.
• All Home is offering a series of Homeless Housing & Services: The “System” explained
trainings throughout the County. There is a waitlist for the December 7 training in
Tukwila, but there will be another opportunity on April 5 at the Tukwila Community
Center. It will include an orientation to the Continuum of Care, trends in homeless
services and local strategies working to address homelessness in King County.
Attendees will also learn more about system policies and the trends that are guiding
shifts in the system. These trainings are designed as introductory courses and are great
for new staff or anyone who is interested in learning the key concepts related to the
homeless service system. For more information or to register click on
http://allhomekc.org/the-system-explained/#registration-information
Human Services
• Human Services staff attended the King County Behavioral Health Legislative Forum to
participate in the community conversation about mental health and substance abuse.
Approximately 25 legislators and county council members were in attendance to share
their perspectives and priorities for 2018. King County’s proposed behavioral health
legislative priorities were discussed and the audience heard from several individuals
Page 7 of 12
about their personal journeys to mental health and addiction recovery. The case
manager working in conjunction with Kent Youth and Family Services and the Kent
Police Department to assist youth who have been victimized by human trafficking and
sexual exploitation was one of the speakers that shared her very compelling success
story.
• Human Services and Public Works Transportation staff attended the South King County
Mobility Coalition (SKCMC) Volunteer Driver Summit hosted in partnership with
Hopelink, King County Metro, and numerous other regional service agencies. The
summit’s focus was to facilitate a discussion between current volunteer driver service
providers and organizations looking to provide such services throughout the state.
Providers are collaborating to improve access and functionality of existing transportation
programs provided by small religious organizations to large national non-profits whose
common goal is to bridge the gap in providing service to underserved populations
throughout the region.
• Mt. Baker Housing hosted an Environmental, Housing + Healthy Communities meeting
on October 30. The purpose of the meeting was to share ideas about affordable housing
funding sources, in particular using funds from the Model Toxics Control Act (MTCA).
MCTA is a State funding source which is generated from hazardous substance tax
collections. Revenues from MCTA have decreased, however, Governor Inslee has
proposed several actions to manage decreases. The Mt. Baker Housing Gateway Project
will transform heavily polluted and blighted land into up to 135 housing units of
workforce housing with street level affordable commercial space close to the Mt. Baker
Light Rail Station and will seek MCTA funds.
• In honor of Domestic Violence Awareness month, staff attended a Domestic Violence
Victims’ remembrance gathering at the Refugee Women’s Alliance DV office on October
31. DV survivors, community members, and staff remembered the victims who were
killed, injured, and traumatized by intimate partner violence. Attendees also shared food
and watched dance performances which demonstrated victim resiliency.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• November 16 - Crystal Sundquist is being reinstated as a Records Specialist.
Significant crime activities/arrests/investigations
• On October 31, officers were dispatched to Village Green Apartments to assist Kent
Fire on an aid call. Upon arrival, they located a conscious 4 year old boy with
possible fractures to the back and both legs. It appears that the child was playing
inside the apartment and either removed or pushed against a window screen. This
particular window was open and only a few inches off the floor. The child fell thru
the window from the fourth story of the apartment and onto the bark/landscaping.
The child was transported to Harborview for medical attention and found to only
have bumps and bruises. A design flaw in the construction of the window could be
the major issue and both parents were present at the time.
• On November 2, officers responded to a threats with a weapon call that occurred at
4th Ave NW Harrison St. The victim reported a male subject was wearing a Scooby
Doo costume and pointed a gun at him. A suspect was located with the “gun” in the
200 block of W Harrison St. Verbal commands were issued to drop the gun, she
complied, and was taken into custody without incident. The suspect also had a valid
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Kent warrant for indecent exposure, and disorderly conduct. She was booked into
the Kent Jail for her warrant and a new charge of Harassment.
• On November 5, officers responded to St. Francis hospital for a female who had been
stabbed in the arm during a domestic dispute at her residence in Kent. Officers then
responded to the Blvd Apartments and arrested the father of the victim’s three
children. He does not live at that location, but had been staying from time-to-time
to watch the kids. The children were uninjured and the suspect was taken into
custody without incident.
• On November 11, officers were driving through the Dollar Store parking lot located
at 10432 SE Kent Kangley Rd and saw a green 1994 Honda Civic in the parking lot,
occupied by a single male. Upon running the plate it returned stolen out of
Seattle. The vehicle fled and a short pursuit was initiated, but was terminated. The
car had hit spikes during the pursuit and was located after it was dumped. The 22
year old driver was arrested and was booked. He also had drugs and drug
paraphernalia in his possession.
• On November 12, one of the persons of interest in the Golden Kent Motel homicide
was arrested on his warrant and is in the King County Jail.
• On November 12 , officers were dispatched to an occupied stolen vehicle found in the
parking lot of the Chevron located at 26220 116th Ave SE. The owner of the vehicle
had recognized his vehicle and called 911. Officers detained two occupants in the
vehicle and confirmed it was a stolen vehicle out of Auburn. The 34 year old driver
was arrested and booked as well as the 23 year old female passenger.
Events and awards
• Letter of Commendation - On Saturday, October 7, Officer Garth Corner was
dispatched to a suspicious vehicle report. The vehicle described was clear in WACIC.
Officer Corner remembered an email recently out by Officer Prusa which described an
auto theft group stealing old rental cars. Officer Corner responded to the area and
located a male described by witnesses as exiting the vehicle. The male was a known
HIO who fled on foot after seeing Officer Corner. Officer Corner was able to chase
him on foot and get him contained in a restaurant. Officer Corner cleared the
restaurant of patrons and conducted a search of the building. The HIO was found
trying to conceal himself under some vegetables in the walk-in cooler. Great work by
Officer Corner to recognize our known HIO’s and to remember important crime
related emails.
• On October 18, Officer Steiner, along with Student Officer Kerr, assisted Officer Bava
with the recovery of a stolen vehicle. Officer Steiner recognized that the owner of the
vehicle lived nearby and elected not to impound her recovered car. Officer Steiner
and Student Officer Kerr picked up the owner at her house and brought her to the
location where her vehicle was recovered. Upon discovering that the recovered
vehicle was out of gas, Officer Steiner helped the victim by filling up her gas tank so
she’d be able to drive it home. This type of action is truly what separates the Kent
Police Department from other departments.
PUBLIC WORKS
Design
• S 224th St Project 84th to 88th – right-of-way dedication at the southeast corner of
88th and 218th was recommended for approval by the Public Works Committee and
goes to Council November 21.
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• S 224th St Project 88th to 94th – Condemnation proceedings anticipated to begin early
December.
• East Valley Overlay – Local Agency Agreement was signed by the Mayor and sent to
WSDOT to obligate grant funds.
• 640 Zone Individual Pressure Reducing Valves - Anticipated advertisement in
January.
• SE 248th St. at YMCA – met November 8 with Parks Department consultants,
contractor and YMCA personnel to discuss the project and utility undergrounding on
248th.
• Naden Ave. – Willis St. channelization plans were submitted to WSDOT for approval
on 11/3/17.
Construction
• LID 363 S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) - closure of 88th
Ave S between 93rd Pl S and 22401 88th Ave S. This closure will be in place until the
end of July, 2019.
• Habitat Conservation Measure 6 - contract work is complete.
• 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St) - Pathway
paving is 90% complete. Private property and Right-of-Way (ROW) restoration is
ongoing. Work is ongoing on the mid-block pedestrian crossing at the 25100 block of
132nd Ave.
• S 240th St Pathway Improvements – Green River Trail to Lakeside Boulevard -
Asphalt and concrete surfacing is ongoing and expected to be complete this week.
Handrail installation will begin upon completion of the asphalt and concrete pathway
placement.
• S 228th Grade Separation at Union Pacific Railroad – Joint Utility Trench - joint trench
conduit placement is near completion. Crews are proceeding with pulling wire and
activating their respective utility.
• Lake Meridian Estates Storm Drainage Repair - contract work is complete.
• Hawley Road Levee – Connection to SR 167 - contract work is complete. Final
restoration work is underway.
• Briscoe-Desimone Levee Improvements Reach 2 and Reach 3 Mitigation Planting -
contract work has proceeded and will continue as weather permits.
Land Survey
• The Land Survey staff have been mapping multiple projects including Lake Meridian
Estates Phase II , 228th UPRR Grade Separation for design, Hawley Road Levee As-
built and Utility mapping for the 228th Joint Trench. Field staff are staking multiple
projects for construction including 132nd Ave Walkway Improvement and the 228th
Joint Utility Trench.
GIS
• The GIS Leadership are involved in serving outside software service agreements,
Emergency Management needs, providing maps for Law, working with IT on the
implementation of the outward facing GIS server for better service to our public
stakeholders, developing a new Surface Water Management (SWM) process with
Utility Billing and have updated seventy of the ninety-two work plan updates for PW
Operations. GIS analyst staff have also been fulfilling daily service requests for an
annexation history map, LID 363 final Assessment roll, and continually updating the
Page 10 of 12
backlog of As-built. GIS staff will be facilitating Kent’s GIS Day on Wednesday,
November 15.
Environmental
• Kent Water System Plan – Finalizing extension request to State Department of
Health. The proposed extension letter is going to the Council for approval on
November 21.
• Federal Emergency Management Agency (FEMA) – scheduled a meeting on
November 20 with the local agencies in King County related to the new preliminary
maps.
• Flood Control District – The District Board of Supervisors approved the 2018 budget
on November 13. This includes additional funding for capital projects on the levees
at Horseshoe Bend and the Lower Russell Road, as well as funding to develop the
Lower Green River Corridor Plan.
Transportation
• Quiet Zone – On November 14 and 15, staff met with the Washington Utilities and
Transportation Commission, the Federal Railroad Administration along with
representatives of the Union Pacific Railroad and the Burlington Northern Sante Fe
Railroad to finalize the railroad diagnostic reports, a requirement for the quiet zone.
• SR509/Poulsbo RV – WSDOT and staff will be having a joint meeting on November
16 with Poulsbo RV to continue the process of discussing the redevelopment of the
site.
• SR509 Project – Staff is meeting with WSDOT and other agencies to discuss
comments on the 15% project plans.
• Ferncrest/Shadow Ridge Parking – At the request of the neighborhood, staff will be
meeting with the neighborhood to discuss potential parking restrictions. This
neighborhood developed prior to Panther Lake Annexation Area and roads within the
neighborhood are very narrow.
• Transportation Master Plan Update (TMP) – Staff is meeting with internal working
groups to solicit feedback on TMP update needs to better serve our customers when
the document is adopted. An outline is being developed to identify the TMP update
process and priorities given the approved budget allocation of the update.
Streets
• Street Maintenance crews will be performing hot patch repairs on the driveway
approaches at the ADA and driveway ramps as well as utility repairs at various
locations. The concrete crew will be prepping and pouring wheelchair ramps on 6th
Avenue and Harrison along with the strip and backfill of 6th Avenue between Harrison
and Meeker. The Sign crew will be upsizing 30” school crossing signs to 36” at a few
local school zones.
Water
• Water crews are working on distribution line valve exercising on the Kent East Hill,
and fire hydrant exercising on the West Hill of the water system. Work continues on
renewing a franchise agreement with Highline Water and are in the beginning stages
of working on a utility franchise agreement with the City of Auburn.
Page 11 of 12
Utilities
• Sewer crews will be doing Horseshoe Storm research, James Street coring, Victoria
Ridge generator repairs and performing easement maintenance.
• Storm project crews will be performing catch basin repairs and National Pollutions
Discharge Elimination System (NPDES) crews are assessing and pumping at various
locations.
Fleet/Warehouse
• The Radio shop will be programming very high frequency for new radios and
updates. Fleet is working on drop in, scheduled and body repairs.
Page 12 of 12
EXECUTIVE SESSION
A) Property Negotiations, as per RCW 42.30.110(1)(b) – To consider the
Purchase Price for Property
B) Collective Bargaining, RCW 42.30.140(4)(a)
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT